Legal Lowdown Newsletter#16

ISSUE

16 OCTOBER 2014

LAW REFORM p2 I RIGHTS p3-4 I COMMUNITY p5 I SERVICES p 6

LEGAL LOWDOWN

COMMUNITY LEGAL SERVICES SOUTH TRUST

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New Surveillance Technology for Auckland On 1 October 2014 Auckland Transport announced that California based company Hewlett-Packard had been contracted to provide, a multi-million dollar technology that uses high-definition cameras and software that can put names to faces and owners to cars. The technology also has the capability to scan social media and news websites.

A spokesperson for Auckland Transport assures that such technology will not be rolled out until proper protocols are in place and ongoing discussions with the Privacy Commissioner will help in developing and implementing these protocols.

In line with this new technology, Auckland Council has developed and adopted some new draft guidelines for the use of camera surveillance in public areas.

In addition to developing new guidelines, Auckland Council has also drafted a Memorandum of Understanding (“MOU”) which sets out various “surveillance principles”. These principles refer to live feeds and says these should be trained on "specific crime and safety hot-spots", traffic management areas and real-time matters being investigated or responded to by police. In this respect, local Police have been consulted as a key stakeholder of the new technology.

The need for new technology, guidelines and protocols arose in response to growing concerns of public safety. The new technology will be implemented with a view to: Reduce anti-social behaviour and/or criminal activity Reduce the fear of anti-social behaviour and/or criminal activity resulting in an increased usage of public space Deter anti-social behaviour and/or criminal activity

For more information, please see the Auckland Council website.

Provide data that will assist with inquiries and the prosecution of offenders

Source: www.aucklandcouncil.govt.nz and stuff.co.nz

Improve the response time to incidents by either private security personnel or emergency services.

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LAW REFORM: Changes to current laws EMPLOYMENT RELATIONS AMENDMENT ACT 2014 The Employment Relations Amendment Act 2014 will come into effect on 6 March 2015. The changes target the following six main areas: the collective bargaining framework (including strikes and lockouts) flexible working arrangements Part 6A (continuity of employment for specified employees) the duty of good faith rest and meal break rules provisions for the Employment Relations Authority (the Authority) We will look at 3 of the above changes, as follows: Flexible work The changes to flexible working arrangements aim to improve people’s participation in the labour market and to better reflect modern lifestyles. Flexible working arrangements help employees find the right work-life balance for them and their employer.

The key changes are: extending the right that caregivers currently have, to request flexible working arrangements, to all employees removing the requirement of six months’ prior employment with the employer, so employees can ask for flexibility from their first day on the job removing the limit on the number of requests an employee can make in a year reducing the timeframe within which an employer must respond to a request from 3 months to 1 (and requiring that the response be made in writing and include an explanation of any refusal).

Rest and meal breaks There are changes to the rest and meal break provisions in the Employment Relations Act (the ER Act). These seek to balance the importance of rest and meal breaks with the need for breaks to be practical for each workplace. The changes replace the current strict rules with a more general right for employees to have rest and meal breaks to give them a reasonable opportunity to rest, eat, drink and deal with personal matters. The provisions encourage employers and employees to negotiate, in good faith, rest and meal breaks that meet the legislation, without compromising business continuity and flexibility.

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The changes say: when employers can make reasonable restrictions on rest and meal breaks employers can specify when breaks are taken, if employees and employers cannot agree on when and how long breaks should be that an employer is exempt from giving breaks – when employees agree to reasonable compensation or where the employer cannot reasonably give the employee rest and meal breaks that reasonable compensatory measures are to be provided when an employer is exempt from the requirements to provide breaks rest breaks must be paid any other law that requires an employee to take rest and meal breaks takes priority over the rules in the Act Employees and employers can’t contract out of the right to rest and meal breaks - an employment agreement that required an employee to take no breaks, and did not provide compensatory measures, would exclude an employee’s entitlements and therefore have no effect. In other words, an employee either gets a break or a compensatory measure; the employer cannot fail to give either.

Collective bargaining The changes to collective bargaining aim to increase choice and flexibility in the collective bargaining framework, reduce ineffective bargaining, and improve fairness and balance in bargaining requirements. The key changes are: providing that the duty of good faith does not require parties to reach a collective agreement. Parties will be able to ask the Authority to declare that bargaining has ended allowing employers to opt out of multi-employer bargaining from the start removing the 30-day rule that gives non-union members who are new employees, the terms and conditions from the collective agreement allowing proportionate pay reductions as a response to partial strikes requiring advanced written notice of any proposed strikes and lockouts in all sectors. .

Source: Ministry of Business, Innovation and Employment— http://www.dol.govt.nz/er/services/law/legislationreviews/ er-amendment-bill-2014.asp

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LAW NEWS: Rights & Responsibilities FENCING DISPUTES Fences The main law that applies to fences is the Fencing Act 1978.

What happens if the neighbour responds with a Cross-

Who is responsible for work on fences?

Notice?

Generally, the occupiers of adjoining properties must share the cost of work on boundary fences equally. An occupier is the owner of the property, or someone occupying the prop-

If both neighbours can't agree on how to deal with the costs of the fence within 21 days of the Cross-Notice, either neighbour can take the dispute to the Disputes Tribunal or District Court

erty who is not the owner but who has a tenancy of at least 10 years.

When can work on a fence begin?

How does one person get their neighbour to contribute to

Work can begin on a fence: 21 days after the Fencing Notice was given, or if a Cross-Notice is given, as soon as the differences are resolved by agreement or by the Disputes Tribunal or the District court.

the costs of a fence?

The person should first talk to their neighbour and see if they can agree about sharing the costs of the work. If the neighbour will not agree to pay, the person can follow a formal process to require their neighbour to contribute. They can start this process by giving their neighbour a Fencing Notice.

A neighbour does not have to contribute to the cost of any work that has been carried out before this time.

What is a Fencing Notice?

What if a fence needs to be re-built or repaired immediate-

A Fencing Notice sets out the work one person wants to have

ly?

carried out on the fence and the contribution they are seek-

dent or other cause, and needs immediate work, either

ing from their neighbour It must state:

neighbour can do the necessary work without any notice and

the boundary along which the fencing work is to be done the work to be carried out and the materials to be used the consequences if the neighbour does not comply with the notice an estimate of the cost of the work and how the cost will be shared (if the costs are not to be shared equally).

then recover half the cost of the work from the other neighbour, unless one of them caused the damage and is responsible for the cost of the repairs.

Is a building consent required for building a fence?

In general, a building consent is not required for a fence if it is less than two metres high.

What if the neighbour objects to the proposed fence?

If the neighbour objects to all, or any, of the proposals in the Fencing Notice, they have 21 days to give a Cross-Notice, stating their objection and making any counter-proposals.

They may think, for example, that the existing fence is adequate or that the proposed fence is too expensive.

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If a fence is damaged or destroyed by a sudden acci-

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Sources: Community Law Manual

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LAW NEWS: Rights & Responsibilities The Law of Trespass Trespass is where someone enters onto a land or property without permission. Trespassing can include behaviour where someone: Refuses to leave your property after you warn them to leave Returns after you warn them not to return Willfully or recklessly disturbs a domestic animal on your land.

This applies whether a person owns or rents the property where the trespass has occurred.

If someone is trespassing on your property, you can warn them to leave and to stay off your property.

If someone has trespassed on your property, or if you think it's likely they will trespass, you can warn them to stay off.

You can deliver the warning verbally or by a written Trespass Notice. If you give a written notice, you can hand it to the person directly or mail it to them at their usual address. It is your responsibility to keep a copy of the Trespass Notice as proof that a warning has been given, in case you need to complain to the Police that the trespasser came back.

You could collect a Trespass Notice from your local Police station which has a section you can fill in and return as proof that you served the notice, in case you need to complain again.

A person who has received a warning commits an offence if they do not leave the property, or if they come on to the property, within two years of receiving the warning. The penalty for these offences is a fine of up to $1,000 or a prison term of up to three

OUTDOOR COOKING

OUTDOOR RUBBISH FIRES Most local councils have bylaws dealing with outdoor rubbish fires, including incinerators, for safety reasons and to control pollution. Bylaws may: ban outdoor fires and incinerators require the person setting the fire to have a council or Fire Service permit restrict outdoor fires to certain areas or times of the year require that a hose is available that is connected to a pressurised water supply require outdoor fires to be set a certain distance away from buildings, trees, or fences ban fires at night require steps to be taken to minimise smoke. Š CLSST, 2014 - (09) 274 4966

Outdoor fires for the purposes of cooking, such as hangi, umu and barbecues, are usually permitted at any time, provided adequate fire safety precautions are taken. However, there may sometimes be specific restrictions in force (for example, during a dry summer).

Because the situation varies from district to district and on prevailing weather conditions, it is advisable to check with the local council or fire service on any specific restrictions that are in force.

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COMMUNITY LAW: Our Community School Leaver’s Legal Survival Kit This month we commenced our School Leaver’s Legal Survival Kits which is a programme that compliments our Law in Schools education sessions which run throughout the year. Our legal survival kit is aimed at those students who are making the transition from secondary school to the “big wide world”.

Through both our Law in Schools and Legal Survival Kits we have managed to provide legal education to 25+ classes and 260+ students throughout our service area.

We are pleased that our legal education sessions have been well received by our youth and look forward to next years’ sessions.

Photo: Our Legal Survival Kit Packs, prepared for our student participants from Schools and Alternative Education Institu-

MAORI LAND ADVISORY CLINIC This year we delivered free Maori land services at Manurewa Marae with the assistance of Te Mata Law and the Maori Land Court, Tamaki Makaurau.

The advisory clinics confirm our commitment to bi-culturalism and to Te Tiriti o Waitangi and also assist us in providing better access to justice for Maori.

Cameron Hockly from Te Mata Law says: “I think the clinics are a great contribution to access to justice...Many people seem to be unwilling to talk to a lawyer on the belief that even an initial meeting will cost them too much, or that it will bind them to an expensive legal process. The clinics allow people to get some concrete advice and weigh up whether they want to get a lawyer and how much of the work can be dealt with themselves.”

We would like to take the opportunity to thank our volunteer services providers, in particular, Cameron Hockly who has taken charge of the legal advice and assistance aspects of the clinic since its inception.

Photo: Cameron Hockly, Barrister, Te Mata Law

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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 – 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 CLSST Office 120 Bairds Road, OTARA

Appointments available: Fortnightly on Tuesday

Appointments available: Wednesday

Appointments or Walk-ins: Fortnightly on Saturday (30 mins appointments from 9am12pm) NB: Walk-ins seen according to order of arrival

Send us your news RADIO 531pi b

If you have a story , article or community notice you would like us to advertise through Legal Lowdown, please send it to us at newsletter@clsstlaw.com

This month our Radio 531pi Legal Information topic was neighbourhood disputes. Our weekly sessions covered fencing & boundary disputes, trees, noise control, pets, nuisances and trespass.

Tune in to Radio 531pi from 2pm every Tuesday to listen to our Legal Information sessions.

THANK YOU!

You can listen online via the following link: www.radio531pi.com

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!

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