Frequently Asked Questions
Alice
Legal Aid:
To apply for Legal Aid through the Family Court there must be proceedings in the Family Court. This is either you making an application to the Family Court or responding to an application filed by someone else.
To qualify for Legal Aid firstly you must earn under the income threshold. The current income thresholds are listed below.
Note that dependants can include a dependant spouse/partner as well as children.
| Number of dependants | Maximum gross annual income |
| 0 | $27,913 |
| 1 | $44,205 |
| 2 | $63,567 |
| 3 | $72,235 |
| 4 | $80,719 |
| 5 | $90,235 |
| 6 + | Add $8,192 for each subsequent dependant |
No. If you earn under the income threshold you will qualify for a grant of Legal Aid. However if you own a house, or other significant assets, it maybe that a security is placed on this asset and you will be required to repay your grant of Legal Aid at the conclusion of the proceedings.
You may also have to make a weekly payment towards your grant of Legal Aid. This is commonly in the range of $!0-15 a week but can vary depending on your income. This payment is made to the Legal Services Agency and not your Lawyer.
Currently there is a $50 contribution fee on all Family Court proceedings with the exclusion of Family Violence proceedings. This amount is due to Taranaki Law when we apply for your grant of Legal Aid.
Family Court applications:
A parenting order sets out the care arrangements for your child. It may be that one parent has the day to day care of the child, formally known as custody, and one parent has contact. The terms of the contact might be defined or might be as simple as agreed between the parties.
Alternatively the parenting order may also record that both parties have shared care of the child and how that would look like.
If you a separated parent and would like to talk to us about applying for a parenting order please contact our team.
A protection order is an order that is granted when there is evidence that there has been family violence in the relationship. Family violence can be physical violence, but also emotional, psychological and financial violence.
A protection order stops the respondent from contacting the protected people under the order without their express consent.
The protected people under a protection order include you the applicant as well as any of your minor children.
If the respondent continues to contact you and there is a protection order in place the respondent can be charged by Police and have to appear in the District Court. This is a serious charge and carried a maximum penalty of three years imprisonment.
Protection orders can be applied for on an urgent basis. We can assist you with this.
The Family Court allows for urgent applications to be made on a without notice basis. Essentially this means where there are significant safety concerns for a child in parenting matters an urgent applicant can be filed and seen by a Judge without the other party being aware you have filed an application.
If the high threshold as been met an interim parenting order will likely be made. Only then will the other party be aware that proceedings have been filed in the Family Court.
It is very important that you contact us to ask for assistance with filing without notice orders as soon as you are aware that there are safety concerns for your child in someone else’s care.
If an interim parenting order is made on a without notice basis it is likely that the respondent will have either no contact or supervised contact only with the child. It is also likely a Lawyer for your child will be appointed.
The next step is that the other party will be served with your application and affidavit and have a chance to respond.
If a Lawyer for Child is appointed they will be in contact with you to discuss matters.
You will also likely be given a 15 minute Directions Conference date to met with the Judge with us to check in on how the things are going.
We will assist you with every step along the way.
A Lawyer for Child is exactly how is sounds, it is the appointment by the Family Court of a Lawyer for your Child. The primary role of the Lawyer for Child is to obtain your child’s views on the proceedings in a child focused manner.
The Lawyer for Childs role is to advocate for your child as they will not be in Court themselves.
Depending on the age of your child, the Lawyer for Child may meet with the child at your home, their school or ask you to bring them to their office. They may meet with them with their siblings or see each child on their own.
The Lawyer for Child will also generally speak with the parties also. They will then file a report containing the children’s views and other relevant information for the Judge.
As the Lawyer for Child is a Court appointment you do not get to chose who the Lawyer for Child is, but as we are acting for you they will not come from Taranaki Law.
Family Court proceedings is an area that Taranaki Law specialise in. We act for both applicants and respondents in the Family Court and would love to help you.
The only reason we would not be able to assist you is if we have a conflict of interest. That would occur when act for the applicant or have been assigned as lawyer for your child.
Please contact our Legal Secretary and make a time to met with us. You will need to provide us with a copy of all the documents that you have been served with. It is helpful if you can provide this prior to your appointment. We will then take you through what your options are and what the next steps will look like.
Yes. This process is called an on notice application. With an on notice application the first step once the application is filed is for the other parties to be served with the application and affidavit. They will then have 21 days to file a notice of response. If a response is filed then the file will go to a Judge in chambers for further directions.
It may also be that you don’t need a parenting order but that a parenting agreement will assist. A parenting agreement is when parties reach an agreement around how their children will be cared for and want this recorded but do not need to file an application to the Family Court. Please make an appointment to talk with us about the different options available in this situation.
You can make an application to discontinue the proceedings at any stage of the process up until a final order is made. However it is important to be aware that the Judge has to agree to proceedings being discontinued, if your application was for a parenting order you will need to be able to satisfy the Judge that the children are safe before they will agree to bring the proceedings to an end.
If the file is closed you can bring a new application before the Court to discharge the order that you no longer need.
Currently you are not able to bring an application that is similar to proceedings that were before the Court within two years. The exception to this is if there is a material change in circumstances. An example of this would be if you had evidence the children were not safe in the other parties’ care. If you are unsure please provide us with a copy of your current parenting order and we can discuss your options with you.
| Number of dependants | Maximum gross annual income |
| 0 | $23,820 |
| 1 | $37,722 |
| 2 | $54,245 |
| 3 | $61,642 |
| 4 | $68,882 |
| 5 | $77,002 |
| 6 + | Add $7,124 for each subsequent dependant |
Carley
General Law
From the 1st of July 2018, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 requires law firms to assess the risk from clients who wish to use their businesses to launder money or finance terrorism.
Therefore, to enable us to make an assessment we collect and verify information from our clients. For every client we require identification and sufficient proof of address before we can undertake any work for them. In some cases, we will require further information than this. So please, if we ask you for these documents, it is because we are required to do so.
Yes, you can use your KiwiSaver to purchase your first house or land in New Zealand. There is, however, criteria regarding the withdrawal; you have had to have been contributing to KiwiSaver for 3 years or more, the property has to be purchased in your own name and is also to be your principal place of residence. We suggest that prior to seeing a lender or broker, to apply for a preapproval letter from your provider so you can advise your withdrawal amount and that you qualify to use it.
Yes, you can in certain circumstances. It is called a second chance withdrawal. You will need to apply through Kainga Ora to determine whether you are a qualifying person which is if you are in the same financial position as a first home buyer. If you are, they will provide you with a Letter of Determination to send to your KiwiSaver provider. The list of criteria to determine if you qualify is found on www.kaingaora.govt.nz.
A Kainga Ora First Home Grant is whereby the government may give eligible first home buyers up to $5,000.00 towards buying an older or existing home, or up to $10,000.00 when buying a new home or land and house package.
To be eligible for a grant you must be;
- 18 or older;
- Have a deposit of at least 5% of the purchase price;
- Have an income in the previous 12 months (before tax) of less than $85,000.00 for 1 person or $130,000 for 2 or more people.
- You have to have been contributing at least the minimum amount of your income to your KiwiSaver scheme for at least 3 years;
- You must live in the property for at least 6 months, or 12 months if it is a new build.
- The purchase price of the property must be withing the regional house price caps.
These caps and more information can be found on www.kaingaora.govt.nz.
It is always extremely helpful when a client comes to their first appointment prepared. But what does prepared mean and what should be brought?
Firstly, we will need to compete our AML requirements (see above) and therefore will need your Drivers Licence or Passport, along with a suitable proof of address document. This is a bank statement or a government issued letter/invoice.
If you have KiwiSaver and wish to use it on your purchase, we suggest contacting your KiwiSaver provider and asking for a letter of preapproval. This will confirm how much you are eligible to withdraw and how long you have been contributing.
If you have applied for a Kainga Ora First Home Grant and have been granted preapproval, please also bring this document or email it to us. If you believe you are eligible for the grant but have yet to apply, we are happy to help you do this.
Have you been to see the bank or a mortgage broker yet? If so, you may have been given pre-approval for a certain lending amount. It is helpful for us to know who you have engaged to help you with finance for the purchase. Remember, preapproval is not approval and cannot be relieved upon when putting an unconditional offer on a property.
When purchasing a property, you can choose the ownership structure. The most common form of ownership is as joint tenants. This means that all the owners on the title all own a proportionate undivided share of the whole property. If one of the joint tenants passes away, then the property automatically passes to the survivor or survivors. This is called a transmission.
Owning a property as tenants in common means all parties own the property jointly but either in an equal or unequal share. Historically this has been used for ownership whereby people have purchased in a defacto relationship, with extended family or as business partners. With tenants in common, they own a specific share of the property and can leave it to a person of their choice. It is not automatically transferred on death and the party must have a Will to state who their share of the property is being left too.
Disbursements are expenses incurred from other businesses and companies in the course of your legal matter. We pay these on your behalf and then are reimbursed by you. An example of a disbursement are Land Information New Zealand Fees (also known as LINZ). When you transfer a property from a Vendor to a Purchaser, this transfer incurs a fee, as does a registration of mortgage on a certification of title.
Easy answer, everyone. Whether you have just purchased your first home, had your first child or are retiring, everyone needs to be prepare for when they pass away and a Will is the first step in preparing for this. A Will tells your Executors (the people you have entrusted to distribute your assets) how your want your assets distributed. At the moment there are a lot of adverts on television about funeral plans; there main message is making things easier for your loved ones when you pass away and a Will does this.
Another easy answer, yes. Along with a Will, people need to consider appointing an Attorney who makes decisions for them, when they are unable to make them for themselves. There are two types; Personal Care and Welfare and Property. Personal Care and Welfare only comes into effect when you are unable to make your health care decisions yourself. However, if you appoint an Attorney as to your property, you can delegate if this takes effect immediately or when you no longer have capacity. As everyone is aware, life throws curveballs and accidents happen, therefore it is important that you arrange an Enduring Power of Attorney sooner rather than later. Now it is also a requirement for the older generation that are thinking of moving to a Retirement Village or care facility.
- What is AML?
From the 1st of July 2018, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 requires law firms to assess the risk from clients who wish to use their businesses to launder money or finance terrorism.
Therefore, to enable us to make an assessment we collect and verify information from our clients. For every client we require identification and sufficient proof of address before we can undertake any work for them. In some cases, we will require further information than this. So please, if we ask you for these documents, it is because we are required to do so.
- Can I use my KiwiSaver to purchase a property?
Yes, you can use your KiwiSaver to purchase your first house or land in New Zealand. There is, however, criteria regarding the withdrawal; you have had to have been contributing to KiwiSaver for 3 years or more, the property has to be purchased in your own name and is also to be your principal place of residence. We suggest that prior to seeing a lender or broker, to apply for a preapproval letter from your provider so you can advise your withdrawal amount and that you qualify to use it.
- What if I have purchased a property before, but no longer own a property now. Can I use my KiwiSaver to purchase another property this time around?
Yes, you can in certain circumstances. It is called a second chance withdrawal. You will need to apply through Kainga Ora to determine whether you are a qualifying person which is if you are in the same financial position as a first home buyer. If you are, they will provide you with a Letter of Determination to send to your KiwiSaver provider. The list of criteria to determine if you qualify is found on www.kaingaora.govt.nz.
- What is a Kainga Ora First Home Grant and how do I apply for one?
A Kainga Ora First Home Grant is whereby the government may give eligible first home buyers up to $5,000.00 towards buying an older or existing home, or up to $10,000.00 when buying a new home or land and house package.
To be eligible for a grant you must be;
- 18 or older;
- Have a deposit of at least 5% of the purchase price;
- Have an income in the previous 12 months (before tax) of less than $85,000.00 for 1 person or $130,000 for 2 or more people.
- You have to have been contributing at least the minimum amount of your income to your KiwiSaver scheme for at least 3 years;
- You must live in the property for at least 6 months, or 12 months if it is a new build.
- The purchase price of the property must be withing the regional house price caps.
These caps and more information can be found on www.kaingaora.govt.nz.
- I am buying my first home, what do I bring to my first appointment?
It is always extremely helpful when a client comes to their first appointment prepared. But what does prepared mean and what should be brought?
Firstly, we will need to compete our AML requirements (see above) and therefore will need your Drivers Licence or Passport, along with a suitable proof of address document. This is a bank statement or a government issued letter/invoice.
If you have KiwiSaver and wish to use it on your purchase, we suggest contacting your KiwiSaver provider and asking for a letter of preapproval. This will confirm how much you are eligible to withdraw and how long you have been contributing.
If you have applied for a Kainga Ora First Home Grant and have been granted preapproval, please also bring this document or email it to us. If you believe you are eligible for the grant but have yet to apply, we are happy to help you do this.
Have you been to see the bank or a mortgage broker yet? If so, you may have been given pre-approval for a certain lending amount. It is helpful for us to know who you have engaged to help you with finance for the purchase. Remember, preapproval is not approval and cannot be relieved upon when putting an unconditional offer on a property.
- What is the difference between owning a property as joint tenants or as tenants in common?
When purchasing a property, you can choose the ownership structure. The most common form of ownership is as joint tenants. This means that all the owners on the title all own a proportionate undivided share of the whole property. If one of the joint tenants passes away, then the property automatically passes to the survivor or survivors. This is called a transmission.
Owning a property as tenants in common means all parties own the property jointly but either in an equal or unequal share. Historically this has been used for ownership whereby people have purchased in a defacto relationship, with extended family or as business partners. With tenants in common, they own a specific share of the property and can leave it to a person of their choice. It is not automatically transferred on death and the party must have a Will to state who their share of the property is being left too.
- On my invoice there are disbursements, what are these?
Disbursements are expenses incurred from other businesses and companies in the course of your legal matter. We pay these on your behalf and then are reimbursed by you. An example of a disbursement are Land Information New Zealand Fees (also known as LINZ). When you transfer a property from a Vendor to a Purchaser, this transfer incurs a fee, as does a registration of mortgage on a certification of title.
- Who needs a Will?
Easy answer, everyone. Whether you have just purchased your first home, had your first child or are retiring, everyone needs to be prepare for when they pass away and a Will is the first step in preparing for this. A Will tells your Executors (the people you have entrusted to distribute your assets) how your want your assets distributed. At the moment there are a lot of adverts on television about funeral plans; there main message is making things easier for your loved ones when you pass away and a Will does this.
- What about an Enduring Power of Attorney, do I need one of these too?
Another easy answer, yes. Along with a Will, people need to consider appointing an Attorney who makes decisions for them, when they are unable to make them for themselves. There are two types; Personal Care and Welfare and Property. Personal Care and Welfare only comes into effect when you are unable to make your health care decisions yourself. However, if you appoint an Attorney as to your property, you can delegate if this takes effect immediately or when you no longer have capacity. As everyone is aware, life throws curveballs and accidents happen, therefore it is important that you arrange an Enduring Power of Attorney sooner rather than later. Now it is also a requirement for the older generation that are thinking of moving to a Retirement Village or care facility.