Legal lowdown newsletter#19

ISSUE

INFOp2-4 I NEWSp5 I STATISTICSp6 I MAORI & PASEFIKAp7-8 LEGAL LENS p9 I EDUCATION p10 I OUTREACH p11

19 JANUARY 2015

LEGAL LOWDOWN

COMMUNITY LEGAL SERVICES SOUTH TRUST

FOLLOW US:

2015: NEW YEAR’S RESOLUTIONS

2015 - WHAT’S NEW?

IN THIS ISSUE: Dealing with privacy breaches & privacy complaints

Welcome back! We hope you all have enjoyed the break (for those who had one) and are ready to start 2015 with a bang! This year we have made some additions to our Legal Lowdown newsletters with the aim of reaching further into our community.

Military Veteran’s Waitangi Tribunal inquiry

In light of the above, we have made the following additions: to our Legal Lowdown

Marae Justice Panel

MAORI ISSUES Our Maori issues section of the Legal lowdown will be a bi -lingual (Maori language) look at legal and social issues affecting Maori. More information on this section can be found on page 7.

Law Reform Pipeline

PASEFIKA ISSUES Our Pasefika issues section of the Legal Lowdown will be a multi-lingual (Pacific languages) look at legal and social issues affecting Pacific peoples. More information on this section can be found on page 8.

Consumer Law – public perceptions.

LEGAL LENS We appreciate that modern technology allows us to create virtual and online information which is easily accessed and shared, worldwide. As such we will be creating regular legal information videos which can be reviewed and downloaded via our online databases such as Facebook and our website. More information on this section can be found on page 9.

Official Information Act overview

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LAW INFO: Legal Rights & Responsibilities PRIVACY LAW: Privacy complaints Recently we have had an increase in enquires about potential breaches of privacy. The following is an overview, from the Community Law Manual produced by Community Law Centres of Aotearoa, of ways a person can complain about privacy breaches.

COMPLAINTS TO AN AGENCY When can a person complain to an agency?

If a person believes that their privacy has been breached, they can make a complaint directly to the agency concerned. Sometimes approaching the agency and letting it know what the problem is can resolve the issue without having to take it further. All agencies should have a privacy officer to deal with privacy issues

There is an interference with privacy if: there has been a breach of the Act (for example, a breach of one of the information privacy principles), and the breach caused, or may cause, loss, detriment, damage, or injury to that individual, affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of that individual, or resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of that individual. an agency refuses to permit access to an individual's information or correct information it holds where requested to do so and in certain other situations.

An example might be if a doctor discloses medical in-

within the agency.

formation about a patient to an insurance company without the patient's authorisation, and on the basis of

WHAT IS THE ROLE OF THE PRIVACY OFFICER? The Privacy Act 1993 requires that every agency appoint someone to be its privacy officer. A privacy officer's responsibilities include:

this information the patient's insurance claim is declined.

COMPLAINT TO PRIVACY COMMISSIONER

encouraging the agency's compliance with the Privacy Act 1993 (“the Act”) dealing with requests made to the agency about personal information working with the Privacy Commissioner when the commissioner investigates complaints otherwise ensuring the Act is complied with.

A complaint can be made orally or in writing, but if it is made orally, it should be put in writing as soon as practicable. The Privacy Commissioner can help with putting the complaint in writing.

A person who makes their complaint in writing can write a letter

WHAT CAN A PERSON DO IF COMPLAINING TO

themselves or can fill in a complaint

THE AGENCY DOESN’T RESOLVE THINGS?

form which is available from the

The person can make a complaint to the Privacy Commissioner.

Privacy Commissioner. The Privacy Commissioner also provides guidance on the type of information to include in the complaint.

ROLE OF PRIVACY COMMISSIONER A person can make a complaint to the Privacy Commissioner if that person believes that his or her privacy, or anyone else's, has been interfered with. © CLSST, 2014 - (09) 274 4966

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LAW INFO: Legal Rights & Responsibilities PRIVACY LAW: Privacy complaints PRIVACY COMMISSIONER POWERS

If you believe you have a complaint regarding a breach

The Privacy Commissioner will decide whether to inves-

of privacy please contact our office for some advice as

tigate the complaint, and if necessary, will form an opin-

to what your best options may be. Alternatively, you

ion on whether there has been an interference with pri-

may wish to contact the following:

vacy. The Privacy Commissioner may refer the complaint to the Chief Ombudsman if the commissioner thinks the complaint is more appropriately dealt with by that person.

At every stage of the investigation the commissioner will try to assist the parties to resolve the complaint.

Privacy Commission www.privacy.org.nz Contact the Privacy Commission: Phone: 0800 803 909 Phone: (04) 474 7590 Email: enquiries@privacy.org.nz

If the complaint is not settled during the investigation, the Privacy Commissioner will form a provisional opinion on how the law applies to the complaint. This will be sent to the affected party with an opportunity for them to comment. Once the Privacy Commissioner has taken those comments into account, and if the matter is still not settled or withdrawn, the commissioner will form a

Youth privacy www.privacy.org.nz/youth The Privacy Commission website has a section about young people and privacy: “Your information: but is it really yours?” It includes fact sheets, teaching resources and YouTube clips.

final opinion.

The Privacy Commissioner's opinion is not legally binding.

UNRESOLVED COMPLAINTS If the Privacy Commissioner decides that a complaint has substance, he or she may refer it to the Director of Human Rights Proceedings, who will decide whether to take the case to the Human Rights Review Tribunal.

HUMAN RIGHTS REVIEW TRIBUNAL If the matter goes to the Human Rights Review Tribunal, it will make a decision about whether there has been a breach of the Act and can award damages (the payment of money) and other remedies.

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YOUTH INTERACTIVE YOUTH RESOURCES We have created some interactive online resources to help youth understand their legal rights and responsibilities.

The interactive resources test user knowledge base on Consumer Law, Tenancy Law and Employment Law by providing a set of facts along with different scenarios that youths might commonly encounter.

The activities then ask users to answer simple questions about the applicable law.

The activities cover renting and tenancy obligations, employment agreements and minimum wages, buying and returning consumer goods.

It is hoped that by doing this, our youth will make better, informed decisions when making decisions about the above areas of law. It is also hoped that the legal knowledge obtained will help empower youths to enforce their legal rights, when necessary

We will be rolling out more interactive youth scenarios soon so watch this space.

To access our interactive online resources, please see our website: http://www.clsstlaw.com/ interactive-resources.html

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LAW NEWS: News in Community Law OFFICIAL INFORMATION ACT OVERVIEW

WAI 2500: Military Veteran’s Waitangi Tribunal Claim

The Official Information Act (“OIA”) processes, in the public sector, are currently being reviewed by the Chief Ombudsman.

“Kia maumahara tonu tatou, ki a ratou - we shall remember them”

It has been announced that 12 central Government agencies were selected for formal review while 63 agencies and 27 Ministers’ offices will complete a review survey of OIA practices.

The Waitangi Tribunal has launched an inquiry (Wai 2500) into claims by Military Veteran’s that the Crown failed to provide sufficient support to returned servicemen of WWII and the Vietnam War.

Public submissions will be called for in early 2015.

Wai 2500 is a kaupapa claim, which is defined by the Waitangi Tribunal as “the hearing of claims concerning a nationally significant issue that affects Māori as a whole or section of Māori across Aotearoa / New Zealand in similar ways.“

Source: New Zealand Law Society

LAW REFORM

Some of the claimants argue that the effects of the wars on veteran’s families have lasted generations, especially where the effects of Agent Orange and similar chemicals prevented some individuals from having children.

A quick look at recent activity in the law reform pipeline Appropriation (2013/14 Confirmation and Validation) Bill.

Ngāti Hauā Claims Settlement Bill.

Ngāti Koroki Kahukura Claims Settlement Bill.

Countering Terrorist Fighters Legislation Bill.

Others argue that the Crown failed in providing Maori with land grants, upon return from war, where nonMaori were given that very privilege.

Further information about this inquiry can be obtained from:

You can check the progress of these bills through the NZ Parliament website: www.parliament.nz

Jenna-Faith Allan - Analyst Inquiry Facilitator - Waitangi Tribunal Unit Ph: (04) 914 3004 JennaFaith.Allan@justice.govt.nz

Source: NZ Parliament website

Send in your news If you have any news or notices, please send them to newsletter@clsstlaw.com

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MAORI ISSUES: WAHANGA REO RUA Issues affecting Maori communities MARAE JUSTICE PANEL Tena koutou I runga I nga ahuatanga o te wa. Ko te tikanga o tenei wahanga o te Legal Lowdown, me noho reo rua tenei panui he i whakatairanga ake I te reo Maori.

Hei nga marama e tu mai nei ka kite tatou I nga tino take, a ture nei, o te ao Maori. Ko ta matou he whakamohio ki te iwi I nga tika me nga kawenga o te ture, me nga huarahi awhina e taea ana e te tangata te kokiri, hei whakatika, hei whakatau I nga take ture.

I tenei marama, ka tirohia e tatou, nga mahi a te Marae Justice Panel- he rangapu I waenga I Nga Pirihimana o Manukau, Nga Whare Waatea, Te Manatu Ture (“MOJ”), Manukau Urban Maori Authority me te Hapori o Manukau. I uiuia a Awhitia Mihaere, kaiwhakahaere I te paepae MJP ki te kimi I ona whakaaro e pa ana ki tenei kaupapa whakaharahara.

The panel might ask the tangata raweke to agree to:

What is the Marae Justice Panel (“MJP”)?

MJP is an alternative, Maori focused, approach to dealing with low level offending. The approach is based on tikanga Maori.

pay for damage caused, or apologise to the victim, or take steps to deal with problems that led to the offence, or do some community work.

Who is involved?

After being arrested, the offender “tangata raweke “ is given the choice by the Police to attend a Marae Justice panel hearing or the matter can be dealt with by Police and Court. Before being accepted for a Marae Justice Panel hearing the tangata raweke must take responsibility for what he/she has done. The tangata raweke will engage in a pre-panel hui with Marae Justice Panel Restorative Justice Facilitators.

What happens when there is a failure to cooperate?

Should the tangata raweke fail to attend a panel hearing, deny the offence or fail to cooperate with the panel by not fulfilling the agreements made by the Panel and tangata raweke, he/she will be referred back to the police, who may charge the tangata raweke with the offence and the matter will be dealt with by the courts.

Who decides what will happen to the tangata raweke?

What are the benefits of MJP to the Community?

The decision will be made a panel made up of individuals of standing within the community. Panel members are not judges or lawyers. Their job is to decide what should happen as a result of the offence.

The tangata raweke can have a support person at the panel hearing (not a lawyer). Ideally the support person will be a family member or caregiver.

The police will provide the panel with a summary of facts. This details the type of offence the tangata raweke has been arrested for and the facts leading up to his/her arrest.

The tangata raweke is given an opportunity to explain to the panel the reasons for the offending.

The tangata raweke will be asked what he/she could do to repair the harm done and to avoid it happening again

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Giving the community a voice in the justice system.

Promptly addressing and repairing the harm caused by the offending.

Involving victims in the process.

Keeping low level tangata raweke out of the criminal justice system.

Identifying causes of criminal behaviour Reducing the amount of Police resources and Court workload involved in processing low level offences.

Saving Police and Court costs.

A pathway to repair harm to victim and/or the community For any queries, please call MUMA on 0800 866 862

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PASEFIKA ISSUES: Issues affecting Pacific communities TONGAN LAW FRATERNITY IN NZ: SUCCESSION PLANNING ‘Oku ‘i ai ‘a e Konga ‘i he Newsletter ko’eni ko e Legal Lowdown ‘oku fakamatala mo lave ki he Pasifika Issues: Ko e Konga foki ko eni ‘oku fakatefito ia ki he Pasifiki pea ‘oku fakahoko atu ‘i he ngaahi lea kehekehe ia. ‘Oku taumu’a foki ‘a e Konga ko eni ki hono tuhu’i ‘atu ‘a e ngaahi palopalema fekau’aki mo e lao ‘i he ngaahi komiuniti ‘oe kakai pasifiki. ‘Ihe ‘emau fai eni, ‘oku mau’amanaki ke tu’uaki atu ‘a e ngaahi lea ‘oe pasifiki pea fakautuutu mo ‘enau kau atu mo ‘ilo ki he ngaahi me’a fakalao.

‘Oku mau talanoa ‘i he mahina ni ki he talavou Tonga ‘oku ako lao ko John-Paul Foliaki ‘o fekau’aka mo ‘ene ngaahi faka’amu ke ne hoko ko ha loea ‘oku makatu’unga ia ‘i he ‘ilo ‘a e ngaahi fiema’u ‘a e kakai pasifiki.

Why do you want to study Law? Most of it has to do with my own personal experiences with family members who are working in the field and my own desire to help people, in particular our Pacific Island community. From a young age I understood that a large majority of our Tongan community cannot afford to pay legal fees, many of whom are seen by my father, who is a lawyer, on a pro bono basis. I went with him to several court cases and saw the high number of Maori and Pacific Island people who came through the courts. These experiences made me realise the need of our own (Pacific Island) lawyers who understand not only where the clients come from but also what their personal circumstances are. With my strong desire to help our people and my growing interest in the subject I think it was only natural that I studied law. I believe that the legal profession will place me in a position where I can be of use to my family and my community.

Did you feel pressured to study Law by your parents at all?

I know a few people thought I was only studying Law because of my parents, but as I explained before, I have a keen interest in it. I wasn’t pressured to study Law specifically but I did feel a little bit of pressure to study something more academic as opposed to subjects in the Arts. I think that’s normal for our generation though as our parents are always wanting their children to achieve and seize the opportunities they never had

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I come from a family where service to the community is a strong part of our lives and I understand that as a Tongan person I have obligations to both my family as well as the wider Pacific community. I believe it is equally important however, that our obligations are well balanced with our own ambitions and dreams to study a subject or work in a job that makes us happy and our parents need to understand that.

What area of Law do you wish to specialise in?

At the moment I’m not too sure but just from what I have done with my father, criminal law looks quite interesting. I’ll have to wait and see what I like in my next few years at law school.

Do you have any advice for students looking to study law in the future?

The most important thing is to make sure that you keep focussed and your goal of making it into law school at the forefront of your mind. This means making sacrifices to make sure your work gets done. I lost sight of this goal in my first year and as a consequence I didn’t get into law school.

It’s important to know that if you don’t get in, it’s not the end of the world BUT learn from your mistakes. I think if studying law really is for you and you have a passion for it, you won’t find it hard to make these sacrifices for a short period of time .

John Paul is now in the second year of his law degree at the University of Auckland. We wish him all the best in his studies for 2015.

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LEGAL LENS

The law through public eyes

The purpose of the legal lens is to gauge public perception & knowledge of the law and identify areas where CLSST can inform and educate communities on specific legal issues.

“our youth aren't educated about legal ages”

Very often legal issues are “lost in translation” and it is the aim of the legal lens to present the law in a simple and easy way, so that it is more understandable to the lay person.

YOUTH RIGHTS This month, we focused on youth rights, in particular, legal ages. What are they? Why are they in place? Do things need to change?

We wanted to know whether people understand their rights and responsibilities and the said, of others.

“legal ages need to be promoted in schools”

We respond to the public views, captured through the legal lens, with information that may assist youth and those dealing with youth to make informed decisions.

Please click on the link below to watch this month’s Legal Lens: https://www.youtube.com/watch?v=LSm1njIimaU

“the age needs to be raised”

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COMMUNITY LAW: Our Services We provide FREE legal services in the following areas of law: Family Law Insurance Minor Police Charges Consumer Issues Immigration Matters WINZ Matters Housing New Zealand Debt Traffic Tenancy (tenants only) Civil Disputes Employment Matters (employees only)

We are unable to provide services in the following areas of law: Wills Trusts Estates Property Commercial matters If you require assistance with any of the above matters, please see a private lawyers.

The New Zealand Law Society has a list of lawyers who may be able to assist you with the above legal issues— www.lawsociety.org.nz

OUTREACH CLINICS: Our Services 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

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 9am12pm) NB: Walk-ins seen according to order of arrival

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