New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law

I am a kiwi but lived in asia for 20 years. had a business

Customer Question
venture in Thailand with a...
I am a kiwi but lived in asia for 20 years. had a business venture in Thailand with a friend from NZ. The business failed and eventually I lost all of my money and started again just working in restaurant business to make ends meet. The venture was over 10 years ago. And I said to the guy that if I can find the money to pay him back I will. But still not able to. I have made no contact with him for over 6 six years and am wanting to go to Australia to find work. I have heard that he has taken out an injunction against me in both NZ and Oz. What does tihat mean? How can I make sure I can get into Australia to look for work? I have no money and am getting to the age where medical things happen so want to be in either NZ or Oz .. but if I get stopped at the border and then cannot go work in Australia then there is no chance for me. Regards
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Perth
JA: Has anything been filed or reported?
Customer: I don't know, I have not talked with the man but have heard he got an injunction (through a family member)
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just that I am in such a bad way I am at the stage of deciding whether to go for bankruptcy or not.
Submitted: 1 year ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 5 minutes by:
11/16/2016
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,335
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

In both Australia and New Zealand there is a limitation on bringing civil cases after 6 years. The period means that if they do not take any steps during the time after the money became due, they are time-barred from bringing a claim. It is unusual to get an injunction in this sort of case. While it is possible to obtain orders to stop someone at the airport it is only when there is a suspicion that you are fleeing the country to avoid creditors. There is also an obligation to bring this to your attention. But in any event it is very unlikely and rarely used. Of course he may have filed a court case within that time as required by the Limitation Act, but may have been unable to serve copies on you. In this context I wonder if he has your current contact details? I think it is unlikely however that he has the form of civil proceeding filed which would stop you at the border. Although you may be reluctant to contact the former business partner, perhaps now might be the right time to do so and see what has actually happened.

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
I am fully aware of the 6 year rule which is one reason I was reluctant to make any contact / acknowledgment of debt - we both lost on the deal but I said I would try to pay him back as I was the one that bought him to the deal. I have had the same address for 15 years, and same phone number and same email ... in Thailand. I have been outside of NZ for 20 years and have no assets or residence there. I have not seen any documentation from him. I just want to go and get a job that can pay my daily requirements .. I know I will have no chance of paying anything back as I am broke.
Customer reply replied 1 year ago
If I go to Perth next month is there any likelihood of being stopped at border or any action taken on me when I first arrive. If so it could also jeopardise my job opportunities as I used to work for ANZ for 20 years so would be looking at Banking type work.
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

I think it is very unlikely. You dont get injunctions just for a civil debt. It is also very unusual to be arrested at the border for a civil debt, and I suspect someon is trying to spread malicious information. Can you contact this person? That seems the best way. You could also get in touch with the Border officials and ask if there is any order which would be used at the airport

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
OK, thanks. I also believe it is difficult to go at me indiviually as the funds went to a Thai company that I was a director of. That Thai company got in such a bad way that it is now out of business and owes the Thai tax authorities etc. All the dispute would be based on happenings in Thailand and while he may want to take action against me in NZ it is in fact something he needs to take action on in Thailand... and therefore can he actually take action against me at all (in NZ)?
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

That means he would need to sue in Thailand and then try to register the judgment in New Zealand. That would not be easy because they are a civil law country and we are a common law country, and civil judgments are hard to register here. But if this is also just a company debt, this adds a further difficulty for him. Of course having lived in Thailand you know the judges there may be more suceptable to being helped to get the "right result". But again as you live there, you would have seen the paperwork I am sure, if this was attempted

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
Thanks. There is much less "helping" now that the Army is in charge of the Government. I have even heard of Judges giving the money back. I have seen no paperwork and Thailand has statutes as well so I believe it is therefore unlikely that anything could be done. He certainly can't sue the company as the tax man is in front of the queue on that one. ... so it seems he is just trying to scare me into doing something that I wish I could do, but unfortunately cannot. Thanks again. Just talking it through helps me get a better clarity on it.
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

Great, glad this has helped

Ask Your Own New Zealand Law Question
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,335
23,335 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,335 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

58 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
I am a manager at a private school. Two of our staff were in
I am a manager at a private school.Two of our staff were in a private office (not open plan) discussing a sexually explicit article that they had seen on the internet. They used sexually explicit word… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Can a child that I adopted out go public on tv because I
Hi , can a child that I adopted out go public on tv because I won't reveal the biological father? She by passed my veto and contacted me about 20 years ago. She assured me it was only me she needed to… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
No the current lease comes to an end unfortunately. This
Thanks. No the current lease comes to an end unfortunately. This ofcourse means they can't sell the business as a 'going concern' because no prospective buyer will buy a business with only a 15month l… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
SUV was being used to tow.my horse float wwith my stalllion
Hey my SUV was being used to tow.my horse float wwith my stalllion on board when we suffered a breakdown..i found a suitable unused paddock to secure the stallion asking all the paddocks neighbours fo… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Im a kiwi living in Australia,i have a huge dept with wins
Hi im a kiwi living in Australia,i have a huge dept with wins in nz.ive been getting letters from dunn and Bradstreet stating that legal action is pending.the dept is around eight or nine years old i … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I have a terminally ill wife who was diagnosed with cancer
I have a terminally ill wife who was diagnosed with cancer 12 months ago. Six months ago she became bed ridden and I have been her primary caregiver ever since. Last week her mother and cousin (who is… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I want to ask can I go back China. If I can I mean. I have
Hi I want to ask can I go back China JA: What state are you in? It matters because laws vary by location. Customer: If I can I mean JA: Has anything been filed or reported? Customer: I have no idea ca… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Wondering if you can please advise if there is a law around
Hello, wondering if you can please advise if there is a law around the following: We have a staff member who has lodged a complaint about a colleague, we have given them several opportunities to discu… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I am advising a cafe owner in NZ. Her lease expires in
I am advising a cafe owner in NZ. Her lease expires in 15months. She has asked for a new lease and the landlord has refused. This ofcourse means she stands to lose a lot of money. Does she have any av… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I have a family in dept to work and income to the tune of
I have a family in dept to work and income to the tune of over 30 thousand dollars. would it help them to declair for bancruptsy. If so how can they do this on the cheap. They are about to end up on t… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I am a partner in a business with 2 other partners. I was
I am a partner in a business with 2 other partners. I was going through our accounts and come across an entry that I was unaware of. It was listed as Directors fee of $8600. This was paid to only one … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Just want to know a warrant of arrest count in criminal
just want to know a warrant of arrest count in criminal record thanks … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Is there a lawyer a grandparent, who is caring for a 2 year
Is there a lawyer a grandparent, who is caring for a 2 year old child long term without formal legal custody, can call after-hours if the parent decides they want to uplift the child while they are ps… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Do NZ books get registered at the American Copyright
Do NZ books get registered at the American Copyright registery office or is there a NZ office to register copyright? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Just got interrupted. Neighbour objects to our boundary
Hello Paul; Just got interrupted. Neighbour objects to our boundary trees shading their property and affecting their lawn and vege garden. What liability in law do we have to top / trim the trees. Cou… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
Goods purchased, online, have a defect and for four days the
Goods purchased, online, have a defect and for four days the supplier has refused to speak to me. What can I do? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I've had my daughters in my care for the pass four years and
Hi. I've had my daughters in my care for the pass four years and their father barely makes contact with. We're meant to move to Australia in July can he stop us from leaving the country? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers
I need help with section 61 request. Auckland. Nothing. Just
Hi I need help with section 61 request JA: What state are you in? It matters because laws vary by location. Customer: Auckland JA: What steps have you taken so far? Customer: Nothing JA: Anything else… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,335 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x