I am looking to engage a wellington based lawyer in order to file a civil Restraining order on a neighbour. Who

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Customer: I am looking to engage a wellington based lawyer in order to file a civil Restraining order on a neighbour. Who specializes in this field of law?
JA: Was a restraining order issued? What were the basic terms?
Customer: No order has been issued - I want to be the order issuer
JA: Is there ongoing abuse or harassment? Were the police called?
Customer: yes there has been ongoing harassment for 4 years but it falls outside the juristiction of Police
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes - the individual causing my distress is a 75 year old pensioner who can act like the queen
Answered by Chris The Lawyer in 27 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

HiI am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
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Chris The Lawyer, Expert

You can apply for a Harassment Act order against her. Do you need legal aid for this? Do you know about the legal tests to get an order, as I can explain that for you
Customer
I have read the info online about how to apply
I could use some specific advice on how to do this successfully
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Chris The Lawyer, Expert

I suggest consider the meaning of harassment under the Act and prepare your affidavit of evidence to set out the factual basis for the need for the order
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Chris The Lawyer, Expert

Meaning of harassment
(1)
For the purposes of this Act, a person harasses another person if he or she engages in a pattern of behaviour that is directed against that other person, being a pattern of behaviour that includes doing any specified act to the other person on at least 2 separate occasions within a period of 12 months.
(2)
To avoid any doubt,—
(a)
the specified acts required for the purposes of subsection (1) may be the same type of specified act on each separate occasion, or different types of specified acts:
(b)
the specified acts need not be done to the same person on each separate occasion, as long as the pattern of behaviour is directed against the same person.
(3)
For the purposes of this Act, a person also harasses another person if—
(a)
he or she engages in a pattern of behaviour that is directed against that other person; and
(b)
that pattern of behaviour includes doing any specified act to the other person that is one continuing act carried out over any period.
(4)
For the purposes of subsection (3), continuing act includes a specified act done on any one occasion that continues to have effect over a protracted period (for example, where offensive material about a person is placed in any electronic media and remains there for a protracted period).
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Chris The Lawyer, Expert

You file the application with a full affidavit describing the harassment in terms of the definition. These are filed in the District Court and copies are then served on your neighbour. She can defend the application
Customer
Who signs off the affadavid
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Chris The Lawyer, Expert

It would be your affidavit in support of the application. So you sign it. You can get other affidavits from other witnesses
Customer
Does repeat story making living and writing bs letters about me couny
Customer
Read lies and bs stories
Customer
just changed to laptop as phone useless. on monday she saw me at the garage and videod me on her ipad as i moved across the courtyard to my garage, then got really close trying to provoke me. Nopersonwould fell comfortable withthat behaviour. I wrote a letter of complaint about her nuisance behaviour to the board of directors who said it is not their business - gutless idiots. I don't believe this woman has the ability to physically harmme - just piss me off repeatedly over 4 yrs. That is why I think this court doc is the best solution
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Chris The Lawyer, Expert

Do you think mediation would work? It may enable the two of you to reach a workable arrangement to avoid contact
Customer
This individual is mentally derranged so there is zero chance mediation will work. We tried this once when she complained about me parking in my allocated parking space. The board called a meeting of both parties and she refused to turn up saying she was scared of me intimidating her. It is actually her doing all the intimidation. She tells BS lies and then runs and hides refusing to answer to her claims. Ideally I would like her on the witness stand in court to be interrogated by a court skilled Barrister. I can prove her lies because somebody slipped me one of her BS letters - I have porrf.
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Chris The Lawyer, Expert

Do you think she would turn up in court?
Customer
Who knows - it's about forcing her there somehow. Maybe filing the court application will get her there - not a bad ploy.
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Chris The Lawyer, Expert

If she didn’t turn up you may get an order easily if you establish the grounds
Customer
If I was to get an order with specific conditions attached that make my life here normal, then I would be happy. I would want it valid for 4 years because that's how long I have had to endure this cow. However I doubt that she will abide by any court imposed restraining order. We had to errect a 10kmph sign at our entrance because she drives like a maniac into the property. I have complained in writing many times - even this week about her driving, but still she persists. The stupid thing is our board are so gutless they won't do anything about her.
Customer
Would she be held in contempt of court if she broke the terms of the order?
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Chris The Lawyer, Expert

41 Contravention of orders made under section 39
(1)
Every person commits an offence who breaches any order made under section 39(1)(a) or section 39(1)(b) or evades or attempts to evade any such order.
(2)
Every person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $1,000:
(b)
in the case of a body corporate, to a fine not exceeding $5,000.
(3)
The failure to comply with any order made under section 39(1)(c) may be dealt with under subpart 4 of Part 2 of the Contempt of Court Act 2019.
Customer
She could be fined $1000 - she won't care much about that. How about a term in prison? how do we make that happen
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Chris The Lawyer, Expert

That is also possible
Customer
I think we will find that she has done this all before. She seams to know just how far she can push things - it's like a game to her because she has nothing better to do all day.
Customer
Is there a way to find out if there have been court orders against her before and what the results were
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Chris The Lawyer, Expert

Sadly if someone is unwell it can be difficult. But it would not be possible to search for previous cases against her
Customer
OK so I expect that I can download the forms from the community Law website and fill them in. Would it be possible for me to run these docs past you for comment before I file them. I do not want to take a shot at her and miss - it has to be a slam dunk first time.
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Chris The Lawyer, Expert

A review of your drafts may be beyond the scope of this site which is really for more general advice
Customer
OK so who would you recommend that I liase with who can review my docs for "court correctness" and substance
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Chris The Lawyer, Expert

The Community Law Centre could help or instruct your own lawyer
Customer
OK thanks so much for your assistance today.
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Chris The Lawyer, Expert

Glad to help

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