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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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After agreeing to store goods on my property until a friend

Customer Question

after agreeing to store goods on my property until a friend found a new place to live,I find I cant get him to finish removing his gear. A large amount of heavy equipment and stacks of timber are included .He has in the interim moved at least twice after being evicted originally and has since been evicted again. I have requested many times that these goods be removed and have been met with many phone calls from him stating he will come tomorrow but fails to turn up.I do not consider him a friend any more and wish only that he and his goods be gone. what are my rights on nz law to make this happen?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The problem is that as a (former) friend, you had a casual agreement about storage with no terms about timing or payment. A storage company normally has a term that unclaimed goods may be sold to defray storage costs, but you do not have the right to do. So the next step I suggest is to contact him and say that you want a contract signed with terms as to payment and the right to sell if he defaults. If he says he won't sign, or ignores this, then you could tell him you will sell the stuff anyway and gauge his reaction. He may be in a position where he accepts that
Customer: replied 1 year ago.
The agreement although verbal was that once he had a place he would remove his gear this he failed to do
Expert:  Chris The Lawyer replied 1 year ago.
You could try a claim to the Disputes Tribunal seeking damages for the storage costs and if he doesn't pay then the court bailiff could seize and sell the goods
Expert:  Chris The Lawyer replied 1 year ago.
There is an agreement of course but the terms are not fully set out. So you could sue in the Disputes Tribunal for a breach of the agreement in that he hasn't moved the gear. Also seek damages for the breach being the costs of storage. Then this means you have an order to pay, and the court bailiff could sense and sell the goods if he doesn't pay