Citizens Advice Bureau - Christchurch by Markat

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Citizens Advice Bureau - Christchurch Area

Contents

CITIZENS ADVICE BUREAU 3 LOCATIONS

Volunteering at Citizens Advice Bureau

Free Legal Advice Clinics

I need a document witnessed - Justice of the Peace

EQC Repairs & Rental Accommodation

Earthquake - What to Do

Do I really need an extended warranty?

Vehicle Insurance “Don’t even think about it!!!”

Nice but not savvy – A word of advice about being scam savvy

Buyer’s remorse – returning goods

Too Much Booze

Custody Issues - They’re Mine!

What do I need to know about separation?

Employment Issues: Hours of Work

What qualifies as a genuine redundancy?

Funeral Costs

Divorce

Paying your power bill over winter

Where is All My Money Going?

Problems in your flat?

Neighbourhood Disputes - Fences

Neighbourhood Disputes – Noise

Neighbourhood Disputes – Trees

CITY: Christchurch Polytechnic Students Association Building 5 Madras Street, Central City Christchurch. Phone: 366-6490 Email: cab.christchurcharea.city@xtra.co.nz NORTH: Fendalton Library Corner Clyde and Jeffreys Rd, Fendalton, Christchurch. Phone: 359-8090 Email: cab.christchurcharea.north@xtra.co.nz WEST: Hornby Library 8 Goulding Ave, Hornby, Christchurch Phone: 349-5236 Email: cab.christchurcharea.west@xtra.co.nz Free Legal Advice City Branch Thursdays 1-2pm Free Legal Advice North Branch Thursday evenings from 6.15pm onwards Citizens Advice Bureau provides free and confidential advice to everyone. We take the time to listen to you and equip you with the information, options and support that fit your needs.

Please support the advertisers that support this free publication DISCLAIMER “Although Citizens Advice Bureau Christchurch Area does not promote or endorse the advertisers in this booklet, we would like to thank them for their support in making this resource possible.” “The information contained within this booklet is subject to change. For up to date information and advice contact your nearest Citizens Advice Bureau.”

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Volunteering at Citizens Advice Bureau Citizens Advice Bureaux in Christchurch has more than 98 volunteers city wide operating at three locations. Volunteers come from a variety of backgrounds; they are at university, people who work from home, migrants wanting to get to grips with New Zealand systems, people between jobs and those who are retired. On any given day, a volunteer working their shift might be approached about a whole range of questions, from tenancy rights, requests for directions, or needing documents signed by a Justice of the Peace, to helping somebody who has just been made redundant. The ability of volunteers to untangle knotty issues and address each individual strand separately is a skill that comes from in-depth training and ongoing support. Citizens Advice Bureaux New Zealand (CABNZ) places a huge emphasis on ongoing learning and development for volunteers. Volunteers are fully supported with initial learning and ongoing development as they move from being observers through to probationary interviewers to, finally, accredited bureau interviewers.

Advising our clients The volunteers who deliver the service to clients are called Bureau Interviewers. This is because the primary way we

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work with clients is by asking them questions, and then actively listening to the answers, to find out what information, advice and support they really need. Being a CAB Interviewer is a commitment, but one that many of our volunteers wouldn’t give up for gold. We have some volunteers who have been with us for 20, 30 and even 40 years. Bureau Interviewers go through stages of learning and development over a period of several months before becoming accredited to work with clients individually. In the first stages a trainee Bureau Interviewer observes in the bureau while undertaking formal introductory learning about what’s involved in being an Interviewer. Then the trainee can move on to being a ‘probationary Interviewer’ where they continue their learning - but they can also help with clients. Once a probationary Interviewer is comfortable with what they’re doing, and their Bureau management are satisfied they are competent and skilled at Interviewing, they can become an Accredited Bureau Interviewer. Most Bureaux roster their Interviewers on duty weekly or fortnightly, for a two or three-hour shift Ring 0800 FOR CAB (367 222) to help someone in your community

Citizens Advice Bureau - Christchurch Area

Free Legal Advice Clinics Qualified solicitors provide Free Legal Advice to members of the public at the following locations in Christchurch: 1. City Branch at CPIT 5 Madras St, (Opposite Countdown) Thursdays 1-2pm ring to confirm 366-6490 2. Hornby Branch 8 Goulding Ave Thursday evenings from 6.15pm, ring to confirm 349-5236 The sessions are run on a “first come, first served” basis, so you need to get there early to ensure that you will see the solicitor. You will spend ten minutes with the Solicitor who will: • Determine whether your problem is worth pursuing legally.

• If necessary the solicitor will refer you on to a solicitor who has experience and expertise in the area of practice that you are enquiring about. • The solicitor will not act on your behalf. • The solicitor will not draft correspondence for you, but can provide helpful hints on what you should include in a letter. • Legal advice by phone will never be provided by a duty solicitor. • Solicitors do not provide legal advice to Business/ Commercial operations. Why don’t you give us a call, 0800 367 222 come in and see us some time, or look at our web site for more info. www.cab.org.nz

I need a document witnessed Justice of the Peace Sometimes it is necessary to have someone officially witness a signature on a document, certify that a copy of a document is correct, or take a declaration or affidavit. Justice of the Peace Clinics are available at the following Citizens Advice Branches in Christchurch: Monday 11.30-2.30 Hornby Branch ring 349-5236 Wednesday 11.30-2.30 every fortnight at our Hornby Branch ring 349-5236

Justices of the Peace (JPs) carry out many important functions, like those examples above, in the administration of documentation and justice in New Zealand. There is a list of JPs and their addresses in the yellow pages of the phone book. You can phone one and make an appointment to see them. Or call 0800 367 222 (FOR CAB)

Wednesday 12-3pm every fortnight CPIT Students Association ring 366-6490

Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area

EQC Repairs & Rental Accommodation Sally wants advice as her rental property is due to have major EQC work done on it towards the end of the year, she doesn’t have contents insurance. Currently, she is only paying $250 a week and doesn’t want to pay too much more. She wants to know what options she has available to her. The Ministry of Business, Innovation and Employment website has tips on what to do if the property you are renting needs repairs:

The Canterbury Earthquake Accommodation Service (CETAS) provides a free matching and placement service for people displaced by the earthquake and offers temporary accommodation, financial assistance and social support for earthquake affected households. CETAS can be contacted at www.quakeaccommodation.govt.nz or by calling 0800 673 227. In order to get help from CETAS Sally will need:

• A copy of the tenancy agreement 1. Talk to your landlord about what this means for you. Find out whether you will be required to vacate the property while the repairs are being undertaken, or whether it is possible for you to remain in the property while the repairs are being done. 2. If you do need to move out, talk to your landlord about how long the repairs are expected to take, and when it is expected you will be able to move back in to the property. Under the Residential Tenancies Act your landlord does not have to provide you with alternative accommodation. However, they may be able to help find you another property to move into. Talk to your landlord in the first instance to see if they can help.

• A letter from the landlord outlining the repairs needed, the length of time the repairs are expected to take, and confirmation that that she will be returning to the property after the repairs have been completed

• A copy of the letter from the company undertaking the repair work outlining the estimated start and finish dates of the work. If you need more help with finding out the options available to you then speak to the team at Citizens Advice at CPIT, Hornby Library and Fendalton Library or phone 0800 367 222 (FOR CAB).

3. If you are required to move out while repair work is being done, in most cases you won’t be required under the Act to pay rent while you’re not living at the property. 4. Remember to record any agreements made in writing. They can also be contacted for information about the rights and obligations of tenants www.dbh.govt.nz or call 0800 83 62 62.

Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area

EARTHQUAKE - What to Do New Zealand lies on the boundary of the Pacific and Australian tectonic plates. Most earthquakes occur at faults, which are breaks extending deep within the earth, caused by movements of these plates. There are thousands of earthquakes in New Zealand every year, but most of them are not felt because they are either small, or very deep within the earth. Each year there are about 150 – 200 quakes that are big enough to be felt. A large, damaging earthquake could occur at any time, and can be followed by aftershocks that continue for days or weeks. Most earthquake-related injuries and deaths result from falling debris, flying glass and collapsing structures such as buildings and bridges. Earthquakes can also trigger landslides, avalanches, flash floods, fires and tsunami.

Before an earthquake • Develop a Household Emergency Plan. Assemble and maintain your emergency survival Items for your home and workplace, as well as a portable getaway kit. • Practice Drop, Cover and Hold. • Identify safe places within your home, school or workplace. A safe place is: - somewhere close to you, no more than a few steps or less than three metres away, to avoid injury from flying debris. - under a strong table (hold on to the table legs to keep it from moving away from you). - next to an interior wall, away from windows and tall furniture that can fall on you (protect your head and neck with your arms). • Keep in mind that in modern homes, doorways are no stronger than any other part of the structure and usually have doors that can swing and injure you. • Check your household insurance policy for cover and amount. • Seek qualified advice to make sure your house is secured to its foundations and ensure any renovations comply with the New Zealand Building Code. • Secure heavy items of furniture to the floor or wall. Visit www.eq-iq.org.nz to find out how to quake-safe your home. Citizens Advice Bureau - Christchurch Area

During an earthquake • If you are inside a building, move no more than a few steps, drop, cover and hold. Stay indoors till the shaking stops and you are sure it is safe to exit. In most buildings in New Zealand you are safer if you stay where you are until the shaking stops. • If you are in an elevator, drop, cover and hold. When the shaking stops, try and get out at the nearest floor if you can safely do so. • If you are outside, move no more than a few steps away from buildings, trees, streetlights and power lines, then drop, cover and hold. • If you are at the beach or near the coast, drop, cover and hold then move to higher ground immediately in case a tsunami follows the quake. • If you are driving, pull over to a clear location, stop and stay there with your seatbelt fastened until the shaking stops. Once the shaking stops, proceed with caution and avoid bridges or ramps that might have been damaged. • If you are in a mountainous area or near unstable slopes or cliffs, be alert for falling debris or landslides.

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Citizens Advice Bureau - Christchurch Area

EARTHQUAKE - What to Do After an earthquake • Listen to your local radio stations as emergency management officials will be broadcasting the most appropriate advice for your community and situation. • Expect to feel aftershocks. • Check yourself for injuries and get first aid if necessary. Help others if you can.

• Keep your animals under your direct control as they can become disorientated. Take measures to protect your animals from hazards, and to protect other people from your animals. • If your property is damaged, take notes and photographs for insurance purposes. If you rent your property, contact your landlord and your contents insurance company as soon as possible.

• Be aware that electricity supply could be cut, and fire alarms and sprinkler systems can go off in buildings during an earthquake even if there is no fire. Check for, and extinguish, small fires. • If you are in a damaged building, try to get outside and find a safe, open place. Use the stairs, not the elevators. • Watch out for fallen power lines or broken gas lines, and stay out of damaged areas. • Only use the phone for short essential calls to keep the lines clear for emergency calls. • If you smell gas or hear a blowing or hissing noise, open a window, get everyone out quickly and turn off the gas if you can. If you see sparks, broken wires or evidence of electrical system damage, turn off the electricity at the main fuse box if it is safe to do so.

Citizens Advice Bureau - Christchurch Area

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Do I really need an extended warranty? Geoff bought a television for his new flat and the shop wanted him to buy an extended warranty for it. He wasn’t sure if it was a good thing to do, so he didn’t. Geoff was wise. His rights under the Consumer Guarantees Act say goods must be fit for the purpose they are made for, be safe, last for a reasonable time, have no minor defects and be acceptable in look and finish. If Geoff has a problem with the TV he should take it back to the shop which should repair, replace or refund the money he paid if it’s a minor problem or give him a refund, replacement or compensation if the problem is serious. If this doesn’t happen he can write

to the manager or head office and if he is still not satisfied he can take a claim to the disputes tribunal. A warranty is the manufacturer’s or trader’s guarantee that goods or services will last as long as the warranty. The warranty doesn’t replace your rights under the Consumer Guarantee’s Act and the trader can’t tell you that it does. The Citizens Advice Bureau can give you information about this or other inquiries you might have. Phone them at 0800 367 222 (FOR CAB).

Vehicle Insurance “Don’t even think about it!!!” If you own a motor vehicle you should be aware there are many insurance companies selling policies for vehicles. There are three types of vehicle insurance policies 1. Third Party Property Damage. This policy only covers you against the damage you cause to someone else’s vehicle and/or property. It is the least expensive type of car insurance. DON’T EVEN THINK ABOUT DRIVING WITHOUT AT LEAST THIS INSURANCE or you could be liable for thousands of dollars if you damage someone else’s vehicle

3. Comprehensive. This covers you against accidental loss of, or damage to, your motor vehicle. It also covers you for any damage to other people’s vehicles or property, whether it was your fault or someone else’s, and for other costs such as salvaging your car from the accident scene and towing it to a repairer. Shop around for your insurance policy and if you need more help come and speak to the team at Citizens Advice at CPIT, Hornby Library and Fendalton Library or phone 0800 367 222 (FOR CAB).

2. Third Party, Fire and Theft covers damage caused by fire and theft to your vehicle as well as Third Party Property Damage.

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Citizens Advice Bureau - Christchurch Area

Buyer’s remorse – returning goods Sometimes we have off-days and buy things we don’t really need or sale items just because they’re a bargain. Then we get home and regret it. It would be nice to return it and get the money back, but is that always possible? The Consumer Guarantees Act allows you to ask the store for a remedy, such as a repair or a replacement, if there is something wrong with consumer goods you have bought. If the goods are faulty or unfit for their usual purpose they may not be of acceptable quality under the Consumer Guarantees Act. If you have just changed your mind, the store doesn’t have to give you a refund unless it was part of your contract.

It becomes part of the contract if the store tells you that you can return it. There might be a sign that says you can return items, or the website might say they’ll give a no questions asked refund. It also becomes part of your contract if you say ‘Can I return it for a refund if it doesn’t fit?’ and they say ‘Yes’. A contract doesn’t have to be written, but it’s easier to prove if it is. Even if you haven’t asked, some shops allow returns if you change your mind, however, they will usually only give you a store credit. So if you aren’t sure that what you are buying will be suitable, remember to ask first. Our thanks to the Ministry of Consumer Affairs for the information contained in this article. To contact your local Citizens Advice Bureau look under ‘C’ in the Business Section of the White Pages or phone 0800 367 222 (0800 FOR CAB).

Nice but not savvy – A word of advice about being scam savvy If you find it hard to hang up on a computer hacker, difficult to say no to a new charity and impossible not to help out your online lover you may just be too nice. The Ministry of Consumer Affairs says that Kiwis just aren’t that savvy when it comes to online scams, we’re a bit too trusting for our good and internet fraud is getting more and more sophisticated. These days most people can spot the obvious scams and know to avoid Nigerian Princesses, prizes for lotteries that they never entered and requests for bank details for banks they don’t even belong to. But the internet is full of scams and like bacteria and viruses they are always evolving. Now these pathetic pleas for bank details are sophisticated identical looking websites. Nigerian Princesses have now morphed into western businessmen who just happen to be Nigerian and the prizes are now great deals on gold bullion.

Citizens Advice Bureau - Christchurch Area

Being savvy is about keeping your guard up, watching out for the signs and not trusting appearances.

• Get a second opinion from a friend, lawyer or even an internet search. Or ring your local Citizens Advice Bureau.

• Don’t fill in a form unless you know where it’s going. • Check your accounts for unusual activity. • Ignore anything that’s an obvious scam, reacting can mean you are more likely to be targeted in the future.

• Keep your passwords private and difficult to guess. Test your cyber security savvies at www.netsafe.org.nz Our thanks to the Ministry of Consumer Affairs for the information contained in this article. To contact your local Citizens Advice Bureau look under “C” in the Business Section of the White Pages or phone 0800 367 222 (0800 FOR CAB). Alternatively, you can visit us at CPIT, Fendalton or Hornby.

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Citizens Advice Bureau - Christchurch Area

Too Much Booze It was a great night out but John ignored the law which says you must not drive if the amount of alcohol in your blood or breath exceeds certain age-related limits. He was detained by the police when he failed a breath test at a road block and he had to accompany the police officer to the police station. At the police station he was offered and accepted the offer of a free lawyer who advised he co-operate fully with the police. He was also advised that he had the right to remain silent as anything he said or did would be used in evidence against him. His breath test was in excess of 400 mg alcohol / litre of breath and therefore he had to have a blood test, but as his blood test was not over 80mg alcohol /100ml of blood and as he was over 20 years of age he was not charged.

Citizens Advice Bureau - Christchurch Area

If John had been under 20 years of age there is a zero alcohol limit. So if he had driven after consuming even one drink he could be charged with drink driving. If he had an alcohol level of less than 150 micrograms per litre of breath and less than 30 milligrams per 100 millilitres of blood John could be fined and given 50 demerit points. If his alcohol limit was higher, he could be disqualified from driving, given 50 demerit points and either fined or imprisoned. Because even small amounts of alcohol can affect your driving, the best advice is: if you drink at all, don’t drive. Call a taxi, take a bus or get someone who hasn’t been drinking, such as a friend or ‘dial-a-driver’, to drive you home. Citizens Advice can help you with many problems you might have. Visit them Monday to Friday at Hornby, CPIT and Fendalton Library, look at the CAB website (www.cab.org.nz) or phone 0800FORCAB.

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Citizens Advice Bureau - Christchurch Area

Custody Issues THEY’RE MINE! John has recently broken up with his partner. They both want custody of the children. How can this be resolved? The Care of Children Act 2004 introduced changes to terms used around the custody and access of children. Custody is now called day-to-day care, while access is now called contact. The welfare and best interests of the particular child in his or her particular circumstances must be considered. If you cannot agree on this then contact the Family Court who will arrange free counselling to help you resolve the issue. Going to court to get a parenting order should be a last resort. A parenting order is an order made by the Family Court that says who is responsible for the day-to-day care of a child, and when and how someone else important in the child’s life can have contact with them. Day-to-day care of a child is where the child lives on a daily basis, and who is responsible for everyday things, like making sure the child is safe, that they get to school, and that they’re warm and properly fed, for example. This order may allow both parents to share the

day-to-day care of their children. Contact with the child is how and when a child gets to spend time with a parent or other person who does not have day-to-day care of them. To talk to our caring team at Citizens Advice about custody issues you may be dealing with call 0800 367 222. Alternatively you can contact the Family Court in Christchurch directly Ph: 0800 268 787. The public service counter is at 282 Durham Street. Some key organisations and agencies working in the area of family violence: Aviva (Formerly Womens Refuge Christchurch), Phone: 0800 28482 669, Email: enquiries@avivafamilies.org.nz, website: www.avivafamilies.org.nz Shakti (Ethnic Womens Refuge) Phone: 389-2028, Email: sewsg@shakti.org.nz He Waka Tapu Phone: 373-8150, 161 Pages Rd, Aranui, Christchurch.

What do I need to know about separation? A separation agreement means that your marriage or civil union still legally exists, but you have both agreed to live apart. If this is what you want to do, you can make a separation agreement or apply to the Family Court for a separation order. It is basically to record the fact that you have separated, and can be useful later on if problems occur and you need to go to court, or if you later decide to apply for a divorce. A separation agreement can be a written or a verbal agreement. It’s a good idea to have it in writing to avoid future conflicts or misunderstandings. It should state:

• • • •

The fact that you and your spouse are separating

has to be in writing and a lawyer has to certify that you have both received individual legal advice. It is not necessary to have a separation agreement to dissolve your marriage/ union, or qualify for the Domestic Purposes Benefit (DPB). A separation order is a Family Court order stating that you and your spouse live apart, but that your marriage still legally exists. You can apply for one if you and your spouse cannot agree to separate. You can also use your separation order as proof that you’ve lived apart for at least two years if you later decide to divorce. If you apply for a separation order, the Court will normally arrange for free counselling for you and your spouse.

The date of your separation Any day-to-day care issues How contact with the children will be arranged (custody and access)

If the agreement deals with how to divide your property, it Citizens Advice Bureau - Christchurch Area

The Ministry of Justice website has pamphlets on:

• Parenting through separation • Caring for your children after you’ve separated • General information on separation and dissolution Page

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Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area

Employment Issues: Hours of Work What hours do I have to work? Can my boss change my hours without checking with me? Before starting a new job, you should find out what hours you will be expected to work. If these do not match your needs, then you can discuss these with your employer and try to negotiate the hours you want. You may need to compromise. The hours you and your boss agree to should be set down in your employment agreement. Your boss can’t change the hours set out in your employment agreement without your agreement - unless your employment agreement contains an express right for your employer to do so. If this is the case your boss still has to act fairly and reasonably before making a change. Otherwise, your boss should explain to you why they have to change your hours of work and give you time to respond and get independent advice if you want. If this issue can’t be resolved between you and your boss then you can take the matter to mediation. Visit the Ministry of Business Innovation and Employment website, www.dol.govt.nz for more information about mediation.

it is in the employment agreement then it is up to you and your boss to sort out a system that works for both of you. If, as an employee, you forget to fill out your time sheet, your boss can’t withhold payment unless it says so in your agreement. Of course, if your timesheet tells your employer what hours you have worked, it will need that information to work out your wages. Make sure you talk to your employer so you are both clear about the process. Citizens Advice Bureau can give you information about this or other hassles you might have. Come and speak to CAB at CPIT, Hornby Library or Fendalton Library, or phone 0800 367 222 (FORCAB). You can read more about over-time entitlements on the Ministry of Business Innovation and Employment (formerly known as the Labour Department) website www.dol.govt.nz or for further help contact them on 0800 20 90 20.

My hours have been changed and I can’t do those hours. Can they do this? You should talk to your employer about why you can’t work these hours and ask them to give you hours you can work. If they are unwilling to do this, you can seek independent mediation to help sort out the problem. Or, if you are a member of a union, your local union rep should be able to help. If mediation doesn’t work, you might want to consider raising a personal grievance for unjustified disadvantage if your hours have been changed to a time that you can’t work then your employer has probably not made a fair and reasonable decision when changing your hours. Am I legally required to personally sign and fill out all of my own time sheets? Legally, your boss has to keep and maintain an attendance and leave record for every employee. There is no legal requirement for employees to do this but completing a time sheet every week might be part of your workplace policy. If Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area

What qualifies as a genuine redundancy? It is a genuine redundancy if a person’s employment has been ended because their employer has decided, for ‘genuine reasons’ that the employee’s job is no longer needed. A ‘genuine reason’ could, for example, be that they are making changes to enable the business to operate more efficiently and cost effectively; or closing down or selling the business. For more information see the Department of Labour information on redundancy.

What’s the difference between a voluntary redundancy and a ‘normal’ redundancy? A voluntary redundancy is where, during consultation for a restructuring process, your boss asks everyone in the workplace or a team if there is anyone who wishes to volunteer to be made redundant when the workplace is restructured. This must still be a genuine redundancy. A ‘normal’ redundancy is where the job is no longer needed by the business and the person in that job has to leave. Sometimes, a job may be removed but the employee may be offered another job in the company as an alternative to redundancy.

How much notice should an employer give when making an employee redundant? An employer must give notice to an employee who is being made redundant. The notice period for redundancy will usually be written into your employment agreement. If your employment agreement does not mention a period of notice then “reasonable notice” will be required. What is

Citizens Advice Bureau - Christchurch Area

“reasonable” will depend on the circumstances of each case, such as your length of service, your seniority, the amount of notice that other employees in similar situations have been given by your employer etc.

What can you do if you think your boss is just trying to get rid of you and it’s not a genuine redundancy? You can speak to your union representative if you are a member of a union. Tell them you think that your employer may be trying to get rid of you and explain why you think the redundancy is not for genuine reasons. If you are not a union member then seek advice from your local CAB, community law centre, or a lawyer experienced in employment law. You can raise a Personal Grievance for unjustified dismissal, if your employer does make you redundant and you have grounds for believing that it is not for genuine reasons. If you see your job being advertised (with no, or no substantial changes) after you have been made redundant then this is likely to indicate that your redundancy is not genuine. You should get a copy of any such advertisement for evidence and seek advice. For free, confidential and practical advice on employment issues, ring 0800 FOR CAB (367 222) or find information online at www.cab.org.nz. You can read more about redundancy on the Ministry of Business Innovation and Employment (formerly known as the Labour Department) website www.dol.govt.nz or for further help contact them on 0800 20 90 20.

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NOTES

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Citizens Advice Bureau - Christchurch Area

Funeral Costs Funerals can be an expensive business, with the average cost being around $8,000 to $10,000. But there are some ways to reduce the costs of saying goodbye to your loved one.

The Veterans Association of New Zealand also provides a funeral grant, for the funeral costs of a veteran (eligibility criteria apply) .

Planning and paying in advance

Cheaper options for funeral arrangements

You can plan ahead for a funeral, and either pay in advance or make regular instalments towards the total cost. Planning and paying for your funeral in advance can give you peace of mind, knowing that your family won’t have to worry about it when the time comes. It is also worth considering if you think you may need long term residential care in the future. This is because if you need to apply for the means-tested Residential Care Subsidy, up to $10,000 value of a prepaid funeral is exempted from the asset assessment. You can save up for your funeral just by starting up a savings account at your bank. Other options include funeral insurance, a funeral trust, or a prepayment plan with a funeral director. These generally come with various fees and restrictions, so it’s worth seeking independent financial advice if you are thinking about doing this. You can read more about paying for a funeral in advance, on the Funeral Directors of New Zealand website and on our website www.cab.org.nz about Funerals and Registration of Death.

Financial assistance If you need to organise a funeral and are on a low income, you may be eligible for a funeral grant from Work and Income. It is not intended to cover the full cost of a funeral (up to $1,959.42 as at 1 April 2012). How much you get will depend on the deceased person’s assets and, if you are a family member, your own income and assets For the funeral of someone who has died as a result of an accident, a work-related disease or infection, or medical treatment, the ACC provides a funeral grant of up to $5788.92 (as at 1 July 2011). Families of homicide victims can receive up to $10,000.

Citizens Advice Bureau - Christchurch Area

If you want a funeral director to organise the funeral: • Call around and get some quotes - preferably itemised so you know what you would be paying for. • Discuss the options for your budget, with the funeral director, and be clear about your financial limits. Caskets: • The cheapest casket is made of plain, untreated pine or plywood. A cardboard casket is cheaper still, but may be harder to source. • A casket is not mandatory; the body may be wrapped in a shroud instead • You can ask that the body is not to be embalmed (if burial or cremation will not be within two to three days, you can ask for body to be packed in ice or refrigerated until ready) Funeral service • Use flowers from your garden or ask people to bring flowers • Ask people to bring a plate • Organise the catering yourself • Transport the body in your own vehicle • Omit recording of the funeral, or ask a family member or friend to do it • You can choose not to have a funeral service, or to conduct one yourself e.g. in your home Burial or cremation? • It costs more to buy a burial plot near a large city than in a rural area • Cremations are less expensive than burials because you don’t have to worry about the cost of a burial plot • You don’t have to go through a funeral home if your loved one is to be cremated – you can go directly to a council crematorium. For free, confidential and practical advice on funeral issues, ring 0800 FOR CAB (367 222) or find information online at www.cab.org.nz. Page

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Citizens Advice Bureau - Christchurch Area

Divorce The only way to get a divorce is to prove that your marriage has broken down and is at an end – and the only way to prove this is by living apart for at least two years. Note that this can include brief periods of living together for a total of three months or less if you try and reconcile during this time.

If you don’t want to appear in court before a judge to finalise your divorce, you have to include a sworn written statement (affidavit) with your application, stating that;

Once you’ve been separated for two years you can contact the Family Court to get a divorce. You then need to apply for dissolution of marriage. You and your spouse can apply together with a joint application, or you can apply alone. There is a fee of around $210 to apply for a dissolution (you can apply for a fee waiver if you can’t afford the fee).

• you’ve made arrangements for the care of your children,

If you want information on how the law on dissolution applies to you, you should get advice from a specialist family lawyer. You can find a family court lawyer on the family law website. You can apply for a dissolution order using forms on the Family Court website or from your nearest Family Court office. You don’t need a lawyer to make the applications. Once you’ve lodged the application for a dissolution order, either a Court Registrar or a Judge will process it. The Judge or Registrar will make the dissolution order (divorce final) if he or she is satisfied that;

• at the time the application is filed, you will have been living apart for at least two years, and or there is a good reason why you haven’t made arrangements The order will take effect one month after it’s made. If neither of you oppose the order, and you need the order to be effective straight away, you can ask the Judge to make the order immediate. To talk to one of our caring team members either visit us at CPIT, Hornby or Fendalton, or call us on 0800 367 222 (0800 FOR CAB). Alternatively you can contact the Family Court in Christchurch directly Ph: 0800 268 787. The public service counter is at 282 Durham Street. Some key organisations and agencies working in the area of family violence: Aviva (Formerly Womens Refuge Christchurch),

• you have been living apart for two or more years, and Phone: 0800 28482 669, • you’ve made arrangements for the care of your children, Email: enquiries@avivafamilies.org.nz, or there is a good reason why no arrangements have been made A court registrar will deal with the application if:

• You or your spouse agree to a divorce but don’t want to appear in Court

• Your spouse or partner doesn’t respond after being

website: www.avivafamilies.org.nz Shakti (Ethnic Womens Refuge) Phone: 389-2028, Email: sewsg@shakti.org.nz He Waka Tapu Phone: 373-8150, 161 Pages Rd, Aranui, Christchurch.

served with the application

• Both of you agree to divorce (with a joint application) and don’t want to go to Court

Citizens Advice Bureau - Christchurch Area

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Paying your power bill over winter Paying your power bill can be difficult, especially over winter. If you’re finding the price of power hard to handle we can help you:

to find out whether you can save money by switching providers.

• Check that you’re getting the cheapest price available to If you want help with this just pop into your local CAB with a you.

• Check whether you can get any discounts for example, prompt payment discounts, paying by direct debit, or managing your bill online.

• Talk to your power company about whether there are better ways of paying, such as regular monthly payments across the whole year (called ‘level’ or ‘smooth’ payments).

• With tips about saving power, including subsidies that may be available to insulate your home.

• Find out about other help e.g. support from Work and Income, curtain banks etc. It’s easy to find out how much money you might be able to save by switching power companies, by checking out www.powerswitch.org.nz you can use the online calculator

recent power bill and we’ll help you work out the options. If you want to make a complaint about your power company, we can help with that too. You can contact your local CAB with any questions or problems you have about changing your power company. You can drop in to see us or phone our free phone number 0800 367 222. Alternatively you can contact: Community Energy Action Phone: 0800 438 9276 (GET WARM), Email: info@cea.co.nz, Website: www.cea.co.nz Electricity and Gas Complaints Commission Phone: 0800 22 33 40, Website: http://egcomplaints.co.nz

Where is All My Money Going? In spite of receiving more money each month than most of us, David gambles it all away and has run up huge debts. He spends many hours a day gambling at the pokies in order to try and recover his losses, or win more. This is affecting his work as well as his relationship with his family. He wants to stop and gain control over his life, but the urge to gamble is so great he knows he needs help but doesn’t know what to do.

654 655. They are available until 10pm daily and can provide support, information and referral to a number of specialist supported or self – help programmes. The Citizens Advice Bureau can also tell him of several places in Christchurch that could help. They can give you information about this or other inquiries you might have. Visit them at CPIT, Hornby Library, Fendalton Library, or phone 0800 367 222 (FOR CAB).

David could ring the free national gambling helpline 0800

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Citizens Advice Bureau - Christchurch Area

Problems in your flat? Flatting is all fun and games, until you strike problems. Maybe your flatmate leaves in the dead of night, never pays their bills, puts a hole in the wall or worse! At Citizens Advice Bureau (CAB) we regularly see all this and more, and unfortunately many flatmates don’t know what they can do when they strike problems like these. We’ve got two simple pieces of advice to save heartache for anyone going flatting: 1.

have a written flatting agreement, and

make sure you know your rights (and responsibilities).

An agreement is between all the people living in a rented home; it doesn’t involve the landlord. It should set out things like: • how much rent and bond each person will pay; • who is responsible for lodging the bond; • rules about pets and toll calls; • how the housekeeping will be shared; • how disputes should be settled and; • what will happen when you want to leave e.g. the amount of notice to give, how you’ll get your share of the bond back. You can get a copy of a sample flatting agreement by visiting us or looking on our website www.cab.org.nz. When you are flatting, it’s important to know what your rights are when any issues come up. What you can and can’t do will depend on whose name is on the tenancy agreement (the agreement with the landlord).

If your name isn’t on the tenancy agreement then you are a non-tenant flatmate. Your rights will depend on what you’ve agreed with the other people you live with, which is why having a flatting agreement is really important. If you have problems with your flatmates the best thing to do is try and talk to them about it as soon as possible. You should stick to any agreements you’ve made (whether written or verbal). If you have a disagreement with your landlord that can’t be resolved then you can take your case to the Tenancy Tribunal. If the problem is with your flatmate(s) the Tenancy Tribunal can’t help but the Disputes Tribunal can. We can help you with information about both of these tribunals. For free, confidential and practical advice on flatting and tenancy issues, ring 0800 FOR CAB (367 222) or find information online at www.cab.org.nz.

Alternatively you can contact: Department of Building and Housing (Min of Business, Innovation and Employment) Ph: 0800 83 62 62, Email: info@dbh.govt.nz, Website: www.dbh.govt.nz Tenants Protection Association Ph: 379-2297, 113 Tuam Street, Website: www.tpa.org.nz

If your name is on the tenancy agreement, then you are a tenant, which means that you are protected by the Residential Tenancies Act. As a tenant, you can’t easily be kicked out by your flatmates as long as you abide by the tenancy agreement. On the downside, if you are a tenant but your flatmates aren’t then you’re liable for any unpaid rent or damage if they up and leave without paying.

Citizens Advice Bureau - Christchurch Area

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Neighbourhood Disputes - Fences Can I put a fence up without talking to my neighbour? If you think a fence needs to be built along the boundary line of your property, you should talk to your neighbour about where you think it should go, the sort of fence you want, and how much the fence will cost. Under the Fencing Act, you are required to give notice to your neighbour before you commence any works. If you fail to give the correct notice, your neighbour will not be required to contribute half of the costs of the boundary fence. If the fence is well within your property then you do not have to get your neighbour’s permission so long as the fence complies with council regulations and you cover all costs. However, if you build your fence very close to the boundary, your neighbour can take the issue to the District Court and the Court could decide that you were trying to get around your responsibilities under the Act - you could be ordered to demolish your fence.

If the fence is damaged or destroyed by one party, then that party has to pay for all of the repairs. If one party wants to repair the fence out of their own pocket, then they can.

What is a Fencing Notice? A fencing notice is a formal proposal to your neighbour which describes the fencing work you would like done (the cost of which you want your neighbour to contribute). It has to specify the boundary along which work is to be done, the nature of the work (e.g. if it’s a new fence, what it will look like) and the materials used. The notice has to state an estimate of the cost of the work, and how those costs are to be shared (which depends on the circumstances of your agreement). It must also tell your neighbour that they have 21 days to object (see the next question), and that if they don’t object within this period they will be deemed to have consented to the work.

Do I need a building consent for a fence?

You can download a sample Fencing Notice from the LawAccess website or view the sample on the NZ Legislation website.

You do not usually need a building consent for your fence if it is less than two metres high. Consult with the Christchurch City Council if you are unsure.

What should I do if my neighbour objects to my proposal in the Fencing Notice?

Who is responsible for the repair of boundary fences? Generally the occupiers of the properties sharing a boundary, share the responsibility for work on a boundary fence (unless there are contracts or covenants with contrary agreements, or if the parties previously agreed to other conditions). An occupier of a property is the property’s owner, or someone who is not the owner but has a tenancy of at least ten years.

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Your neighbour has 21 days to give you a Cross-Notice if they object to any of the proposals in the Fencing Notice. The Cross-Notice outlines their objections and suggests counter-proposals. If you and your neighbour cannot reach an agreement within 21 days, then the matter can be resolved in the Disputes Tribunal or the District Court.

Citizens Advice Bureau - Christchurch Area

Neighbourhood Disputes – Noise What can I do about my noisy neighbours? There will always be a certain level of noise in any neighbourhood e.g. from a motor mower or power tools, barking dogs, screaming children or loud party music. If the amount of noise coming from your neighbours’ place is bothering you, it’s best to start by talking to them about it. You may be able to come to an agreement about, for example, the timings for the construction work on their house or turning down the volume on their stereo.

If the noisy neighbours are tenants If your neighbours are renting their home, you can also complain to their landlord about it. One of a tenant’s responsibilities is to not disturb their neighbours. The landlord can serve a notice to the tenants giving them 14 days to remedy behaviours such as excessive noise.

Complaining to the council If you believe that your neighbours are too noisy and you have not been able to resolve it by discussing it with them, you can complain to Christchurch City Council, who will send a noise control officer to assess the situation and decide whether the noise is ‘excessive’ or ‘unreasonable’. They will take into account factors such as the time of day and the duration of the noise.

Citizens Advice Bureau - Christchurch Area

If the noise control officer decides that the noise is excessive, they will issue an Excessive Noise Direction, which orders the offender to reduce the noise to an acceptable level for the next 72 hours. If the people making the noise do not comply with the Excessive Noise Direction notice, the noise control officer may seize the equipment making the noise (they need to have the Police with them to do this). It’s worth noting that if you complain to the council about noise, they do not tell the neighbour who made the complaint.

Making a complaint to the Environment Court If the noise issue is not resolved through your Council, you can apply to the Environment Court for an Enforcement Order. The order seeks to stop any activity that causes, or may cause, excessive or unreasonable noise. However, to do this you generally need to hire expert advisers and lawyers – which makes this an expensive option. For more information and advice, call your local Citizens Advice Bureau on 0800 367 222.

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Neighbourhood Disputes – Trees What can I do about my neighbour’s trees that are hanging over my boundary? If the branches of your neighbour’s trees are overhanging your property (this is called ‘encroachment’) then you are allowed to cut them back to the point where their tree crosses your boundary. Before you do this, it would be a good idea to check with your local council whether it is a protected tree, and to talk to your neighbour about it. Incidentally, any fruit on a tree overhanging your property still belongs to the neighbour.

I have a problem with my neighbour’s tree but he won’t do anything about it. What can I do? It’s always preferable if you can reach an agreement with your neighbour. If this doesn’t work, you can apply to the District Court for an order requiring your neighbour to remove or trim any tree on their property which is:

Who pays for work on my neighbour’s tree? If you have cut back a tree which is overhanging your property, but which is not causing any damage to your property, then you are responsible for the costs of cutting it back. If your neighbour has been issued with a District Court order to cut back the tree, then you are also responsible for paying for the work unless the court decides the neighbour is responsible because of their conduct. Can I make my neighbours pay for damage to my property, caused by their tree’s roots? Tree roots can damage walls, drains and so on. If the roots of your neighbour’s trees have blocked or damaged your drains, then they can be liable for the cost of the repairs to your drains. You have the right to cut off encroaching roots or branches to prevent damage to your property, but would have to return those to your neighbour. If you and your neighbour are in dispute about the costs

• causing damage, injury or loss to your life, health or the you can make a claim to the Disputes Tribunal (or, if the property, or anyone else you live with, or

amount claimed is more than $15,000, the District Court).

• obstructing your view, or • diminishing the value of your house, or • reducing the enjoyment of your property

For information on the Disputes Tribunal, ring 0800 FOR CAB (367 222) or find information online at www.cab.org.nz.

You will need to be able to produce proof of the above and the court won’t make the order if doing so would cause more hardship to your neighbour than the hardship you’d be caused if the Court didn’t make the order.

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Citizens Advice Bureau - Christchurch Area

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Citizens Advice Bureau - Christchurch Area