Legal lowdown newsletter#14 by Community Legal Services South Trust

ISSUE

14 AUGUST 2014

LAW REFORM p2 I NEWS p3 I COMMUNITY p4 I EDUCATION p6-7

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A Review of In-Court Media Rules Proposed lower Breath Alcohol Limit The Land Transport Amendment (No 2) 2014 which became law on 7 August 2014 will mean that from 1 December 2014, the alcohol blood limit for drivers over the age of 20 will be reduced from 400 micrograms of alcohol per litre of breath, to 250mcg. The blood alcohol limit will reduce from 80 milograms of alcohol per 100ml of blood, to 50mg. Source: NZ Parliament Website

In-Court Media Review In August 2013 it was announced that there would be a review into the current framework that is in place for in-court media. The current framework has been in place since 1995 and is being reviewed with the aim of determining how the guidelines are currently operating, whether appropriate safeguards are in place, and whether major changes are necessary. In March 2014 a consultation paper was released and distributed to a number of organisations and individuals in the justice and media sectors, as well as being published on the Courts of New Zealand Website. The aim of the consultation paper was to invite the public to provide feedback to the Chief Justiceâ&#x20AC;&#x2122;s Review Panel for In-Court Media. The Public were given an opportunity to provide feedback by way of submissions with responses to those submissions received by 11 July 2014. A number of submissions have been received from key legal bodies, as well as media organisations and academics. From the submissions received, the Panel will a draft report which will be circulated, and submitters will be given a further opportunity to comment before a final report is forwarded by the Panel to the Chief Justice. There are a number of options for the Panel to consider. These range from keeping the existing regime as it is, the introduction of a fixed camera in the courtroom, a ban on photographing witnesses or defendants, reducing protection of witnesses and defendants, or a number of other alternatives. In examining the alternatives a review has also occurred of developments in similar jurisdictions to assist the Panel in determining the most appropriate way forward from here.

Sources: New Zealand Law Society & New Zealand Courts website ÂŠ CLSST, 2014 - (09) 274 4966

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LAW REFORM: Changes to current laws Gambling Amendment Bill (No 3)

Review of the Privacy Act 1993 Large amounts of personal information are now stored online and transmitted digitally. Our current privacy laws have not been updated to reflect the advances in technology. The current Act came into force in 1993, and given the changes to the technological world, these laws require updating so that New Zealanders have confidence that their private information is safe. Government agencies and business organisations that collect people’s personal information will be required to report privacy breaches, and if they fail, they could be fined up to $10,000. The proposed changes will also create new privacy offences. It will be illegal to impersonate a person to obtain or alter their information, and it will also be illegal to destroy documents containing personal information that a person has sought access to. Both offences will carry a fine of up to $10,000. Improvements will also be made to information that is shared online, and it will introduce measures to address damaging online communications. A new offence will be created for using a communication device with the intent of causing harm, where the communications are grossly offensive, indecent, or false. The offence will also cover serious instances of intimate recordings being published online without a person’s consent and it will carry a penalty of up to 3 months imprisonment. The reforms will give people greater confidence that agencies are handling their information appropriately. The changes will also ensure people’s privacy is better protected. Furthermore, it will be easier for agencies to comply with the Act and to make good decisions about privacy issues. For more information about privacy laws in New Zealand please see the Privacy Commission website: www.privacy.org.nz Sources: www.beehive.govt.nz

This Bill intends to make a number of changes to the Gambling Act 2003 which provides a regulatory framework for gambling in New Zealand. The Bill was introduced to Parliament on the 21st May 2014 by the Hon Peter Dunn and is still at an introductory stage. The Bill relates to what is classified as Class 4 gambling, which is gambling on non-casino electronic machines (known as ‘pokies’) in bars and clubs. These venues are entitled to be paid by corporate societies, which are licensed gambling operators, for the costs associated with having the gambling machines at their venues. A key purpose of the Gambling Act is to ensure that money from gambling benefits the community and limits opportunities for crime and dishonesty associated with gambling. The Bill proposes a small number of improvements to ensure this purpose of the Act is fulfilled. Some of the improvements include; increasing transparency of grant-making from the proceeds of Class 4 gambling, reducing conflicts of interests between operators and recipients, improving transparency surrounding management companies that provide operators with services, simplify compliance and reduce costs for operators and venue owners and ensure the efficiency of the appeals process is not undermined. Source: NZ Parliament Website

Did you know: You can monitor the progress of a Bill through Parliament via the Parliament Website at http:// www.parliament.nz/en-nz

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LAW NEWS: News in Community Law PARENTAL LEAVE FOR EMPLOYEES Parental leave is about the entitlement to paid and unpaid leave for new or expecting mothers and their partners, as well as new adoptive parents. This is governed by the Parental Leave and Employment Protection Act 1987 (the Act). Parental leave includes maternity leave, partner/paternity leave, special leave and extended leave (shared between partners).

What does parental leave mean for your job? Generally, employers are obliged to keep the employee’s job open if they take parental leave that they are eligible for under the Act. For parental leave of four weeks or less, the job must be kept open unless a genuine redundancy occurs. A “genuine redundancy” is “determined in relation to the position, not the incumbent” (NZ Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739) and must be made for valid commercial reasons. For further information, please refer to the Ministry of Business, Innovation and Employment website. If the employee takes parental leave of more than 4 weeks as allowed under the Act, the employer is usually required to keep the employee’s position open unless the employer can prove a genuine redundancy or that the job is a “key position” that cannot reasonably be filled by a temporary replacement. Employees can challenge a classification by the employer that the job is a “key position”. The Department of Labour’s Parental Leave guide notes that very few jobs are in fact key positions. Employees cannot be dismissed for being pregnant or for applying for parental leave.

Who is entitled to parental leave? The Act provides for specific tests to be met for the different types of leave available. Broadly speaking, any employee must have been working for the current employer for not less than 6 months to qualify for maternity or partner/paternity leave. For entitlement to extended leave, employees must have worked for their current employer for not less than 12 months.

Maternity Leave and Payment Entitlements for Mother or Adoptive Mother Currently, a birth mother or an adoptive mother (from when she assumes care of a child under 6 years old with a “view to adoption”) are entitled to take 14 weeks of maternity leave and claim 14 weeks of taxpayer-funded parental leave payments if she has worked for the same employer for an average of at least 10 hours per week over the last 6 months. Maternity leave must be taken in one continuous period. The employee can choose a date that maternity leave begins, provided that it is not more than 6 weeks before the expected date of delivery or the date when she first assumes the care of the child. The commencement date can be changed with agreement between the employer and the employee. From 1 July 2014, the maximum amount of parental leave payments for employees is $504.10. For adoptions, if 2 spouses or partners assume care of the child jointly, then they must jointly nominate one of them to be primarily entitled to the payment. A pregnant female employee that is eligible for maternity leave is also eligible for unpaid special leave of 10 days. These can be used for any reason connected with the pregnancy . Continues….

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Partner/Paternity Leave for Spouse or Partner The spouse or partner of a pregnant woman or adoptive mother will usually be entitled to unpaid partner/paternity leave of 2 weeks if they have worked for the current employer for an average of at least 10 hours per week over the last 12 months, or 1 week if they have worked for the current employer for an average of at least 10 hours per week over the last 6 months. The leave must be taken in one continuous period.

Extended Leave Employees (mother or spouse/partner) who have been employed by their current employer for an average of 10 hours per week over the past 12 months will qualify for unpaid extended leave. If both the mother and her partner/spouse qualify, both parents may take extended leave for a combined period of 52 weeks less any period of maternity leave taken. In this case, one spouse could take the full entitlement, both can share it concurrently or at different times.

Transferring Paid Parental Leave A mother entitled to paid parental leave may transfer up to 14 weeks of parental leave payments to a spouse or partner that has been employed by his current employer for at least an average of 10 hours a week over the last 6 months.

Parental Tax Credits Parental tax credits are only available to people who had a new-born baby where their family income doesn’t include paid parental leave or other specified government assistance (income-tested benefit, student allowance, ACC compensation unless it’s for less than 3 months, veteran’s pension, NZ Superannuation).

Changes to Duration of Paid Parental and Amount of Payments The changes to parental leave coming into force are regarding the period for which a person is entitled to receive parental leave payments and the amount of those payments. Under the Parental Leave and Employment Protection Amendment Act 2014, the duration of maternity leave period and for paternal leave payments will be increased from 14 to 16 weeks on 1 April 2015, and from 16 to 18 weeks on 1 April 2016. Parental tax credit amounts and payment durations will also be increased for babies born on or after 1 April 2015, from $150 per week for eight weeks, to $220 per week for 10 weeks. Parental tax credits are only available to people who had a newborn baby where their family income doesn’t include paid parental leave or other specified government assistance (income-tested benefit, student allowance, ACC compensation unless it’s for less than 3 months, veteran’s pension, NZ Superannuation).

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COMMUNITY LAW: Our Community Celebrations fit for a King! Our lawyer Wi Pere Mita was amongst the celebrations at King Tuheitia’s 8th Anniversary Coronation held from 16– 21 August 2014. Supporting the Kingitanga (Maori King movement) is important to CLSST given South Auckland’s connection with Waikato—Tainui and local Marae and Iwi (tribes). Tu mai koe Tuheitia! (Stand tall King Tuheitia)

Photograph: Nga Takere nui o Nga Waka (Culture Group), King Tuheitia Coronation 16 August 2014.

Maori Language Bill Introduced by Dr Pita Sharples and backed by the government, the Maori Language (Te Reo Māori) Bill would replace the historic 1987 Maori Language Act, which recognised Te Reo Maori as a Taonga worthy of Crown protection under the Treaty of Waitangi. The Maori Language Act 1987 vested the responsibility of protecting Te Reo in the Crown. Although Dr Sharples acknowledged this act as a landmark piece of legislation that helped save the language from probable extinction, he stated in his address to Parliament on the 24th of July that more Iwi (tribal) involvement was necessary to revitalise the programme of Te Reo’s preservation. The current bill would create a new authority (Te Matawai) for overseeing the management of Te Reo, including the Maori Language Commission (Te Taurawhiri i te Reo Maori), the Maori Broadcast Funding Agency (Te Mangai Paho) and Maori Television. Te Matawei would consist of twelve members; seven representatives of Te Reo Maori dialects, three representatives from Maori Language organisations and two Crown representatives. Dr Sharples argues that Iwi deserve to have control over the future of their language, and this proposal allows this whilst still maintaining the participation of the Crown. The proposed bill retains several other provisions, including one that reaffirms the status of Te Reo Maori as a Taonga. The bill has some support from various Iwi and the backing of the National party. However it is opposed by both the Labour and Mana parties, and a number of Maori leaders have expressed disapproval, saying that Dr Sharples did not consult them before proceeding with his bill.

Sources: New Zealand Parliament website

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OUTREACH CLINICS: Serving Our People Otara CLSST Office 120 Bairds Road Otara

Manukau Salvation Army 16B Bakerfield Place Manukau

Papakura Papakura Citizens Advice Bureau 4a Opaheke Road Papakura

Appointments available: Monday â&#x20AC;&#x201C; Friday

Appointments available: Monday-Friday

Appointments available: Thursday

Pukekohe Heartland Services 2 King Street Pukekohe

Manurewa Manurewa Marae 81 Finlayson Ave Manurewa

Saturday Legal Advice Clinic

Appointments available: Fortnightly on Tuesday

Appointments available: Wednesday

CLSST Office 120 Bairds Road, OTARA Appointments or Walk-ins: Fortnightly on Saturday (30 mins appointments from 9am-12pm) NB: Walk-ins seen according to order of arrival

LEGAL INFORMATION RADIO 531pi THANK YOU! A big thank you to our student volunteers who assist in bringing this newsletter to our readers. We would also like to acknowledge our volunteers who assist with other areas of our services We really appreciate your efforts!

This month our Radio 531pi Legal Information topic was Domestic Violence. Our weekly sessions covered (over four weeks) the Domestic Violence Act 1995, Protection Orders & Police Safety Orders, Restraining Orders & Trespass and victim support services. Tune in to Radio 531pi from 2pm every Tuesday to listen to our Legal Information sessions. You can listen online www.radio531pi.com

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