Legal Lowdown Newsletter #20

ISSUE

COMMUNITY LEGAL SERVICES SOUTH TRUST

20

LEGAL LOWDOWN

FEBRUARY 2015

SOCIAL JUSTICE AND A DECENT LIFE FOR ALL.

WORLD SOCIAL JUSTICE DAY: 20 FEB 2015 The United Nations’ World Social Justice Day (“WSJD”) is observed on 20 February each year to increase awareness of poverty, unemployment and social & economic exclusion. WSJD was first observed in 2009 following a commitment by UN member states to advance social development.

According to the Child Poverty Monitor: Technical Report, (“the report”) produced by the Children’s Commissioner, JR McKenzie Trust & Otago University, 24% of NZ children live in poverty and 10% of NZ children live in severe poverty. The report also highlights that 16% of NZ children live in crowded homes with 47% of those figures being made up of Pacific Islanders and 25% being made up of Maori.

These figures are extremely concerning given the high number of Māori and Pacific communities in South Auckland.

2

Human Rights Complaints

5

Youth & the Police

6

The report shows the need for these social issues to be addressed and we encourage all organisations, educational institutions, commercial entities and the public at large to promote WSJD and its objectives, in the hope of improving social justice in our communities.

In last month’s newsletter we provided unemployment statistics for areas within Counties Manukau & Franklin. This month we provide poverty statistics at page 4. We hope these statistics shed light on the real social issues that face our communities, particularly our children.

More information about WSJD can be found on the UN website via the following link: http://www.un.org/en/events/socialjusticeday/

Source: Child Poverty Monitor & United Nations’ website

Treaty of Waitangi: A Pakeha perspective

8

LEGAL LENS: Shoplifting

9

LEGAL EDUCAITON Upcomming Sessions 1

HUMAN RIGHTS: Laws against discrimination NZBORA

Office of Human Rights Proceedings (“OHRP”)

The New Zealand Bill of Rights Act 1990 (“NZBORA”) provides that everyone has the right to freedom from discrimination as outlined in the Human Rights Act 1993 (“the Act”). The Act prohibits discrimination on the grounds of gender, marital status, religious belief, ethical belief, colour, race, ethnic or national origin, disability, age, political opinion, family status or sexual orientation.

If your complaint remains unresolved you may refer the matter to OHRP, which is part of the HRC, but acts independently of it. The OHRP may refer your complaint back to the HRC to resolve, investigate and try to resolve the complaint or refer the matter to the Human Rights Review Tribunal. (if your complaint is not referred to the Tribunal by the OHRP, you may take your case to the Tribunal, yourself.)

What is discrimination?

Human Rights Review Tribunal

Discrimination is where you may have been treated less favorably than someone else in the same circumstance.

The Human Rights Review Tribunal. (“HRRT”), is like a court.

The HRRT hears from both sides to a dispute and then makes a decision, rather than acting as a mediator between the two sides. The HRRT can award you damages (money) or other remedies.

An example of discrimination is where you are unsuccessful in a job application because you are a person with a darker skin complexion or where a school refused to enrol you because of a disability you may have.

Unlawful discrimination is where:

“everyone has the right to freedom from discrimination”

A person is treated differently because of one of the prohibited grounds of discrimination in an area of public life identified in the Act; and As a result, the person has suffered disadvantage; and There is no exception or justification set out in the Act. Exceptions It is important to note that not all discrimination is unlawful. For a break down of the exceptions to the discrimination laws, please see the Community Law Manual.

Discrimination Complaints If you feel that you have been unlawfully discriminated against by an individual, you can make a complaint to the Human Rights Commission, (“HRC”) an independent body that helps determine whether the discrimination complained about, is unlawful. The HRC can also assist with resolving complaints directly with the person involved.

NZ Diversity Action Programme

In support of cultural diversity in NZ, CLSST is a proud certified member of the NZ Action Diversity Programme which aims to recognise and celebrate the cultural diversity of our society by: promoting the equal enjoyment by everyone of their civil, political, economic, social and cultural rights, regardless of race, colour, religion, ethnicity or national origin (equal); and fostering harmonious relations between diverse peoples; and fulfilling the promise of the Treaty of Waitangi.

The NZ Diversity Action Programme is run through the Human Rights Commission.

More information about the NZ Diversity Action Programme can be found via the Human Rights Commission website: http://www.hrc.co.nz/race-relations/te-ngira-the-nz-diversityaction-programme/

2

AUCKLAND COUNCIL: People’s Panel PEOPLE’S PANEL - HAVE YOUR SAY. The Auckland Council People’s Panel is a group of Auckland residents who answer surveys about Auckland Council’s plans, services, and activities.

Surveys are usually sent out once per month and panel members can have as little or as much input as they would like.

Most surveys take 10-15 minutes to complete and all personal details are kept private (not published with survey results or reports).

Survey results are made public and panel members may also be invited to join focus groups, workshops and online forums.

For more information about joining the People’s Panel, please see the Auckland Council website:

CONTACT US For more information about our services or to book an appointment to see one of our lawyers, you can contact us on:

Phone: Fax: Email: Web: Post:

(09) 274 4966 (09) 274 4967 manager@clsstlaw.com www.clsstlaw.com PO Box 61112, Otara 120 Bairds Road, Otara

To sign up to or view and download past issues of our Legal Lowdown Newsletter, please see our website under the “Legal Lowdown” tab.

LITTER: Keep it green!

Litter Act 1979 The Litter Act 1979 (“the Act”) defines litter as being refuse, rubbish, animal remains, glass, metals, garbage, debris, dirt, filth, rubble, ballast, stone, earth, waste matter or any other thing of a like nature. The Act provides that an individual can be fined up to $5,000 for littering in or on a public place or in a private place without the occupant’s consent. In contrast, a body corporate can be fined up to $20,000.

If the litter is considered dangerous and likely to endanger a person or cause injury, disease or infection (like glass, needles, or syringes) a person can be fined up to $7,500 and face imprisonment for up to 1 month. A body corporate can be fined up to $30,000.

The Act also authorises local authorities (ie Council) to issue a notice requiring an occupier of a property to clean up, clear away, remove, screen or obstruct from view, any litter.

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

In addition to the above penalties, the Courts have the power to order a person to pay for the costs of removing litter from a public or private place.

3

Sudden

4

YOUTH THE POLICE CAN ONLY SEARCH YOU IF:

RIGHTS WITH THE POLICE THE POLICE CAN STOP YOU:

You let them; They arrest you; They have a search warrant; They have reasonable grounds to think you have drugs or weapons; You are entering an alcohol ban area (but you can avoid a search by leaving the area & the Police must tell you this); OR They have reasonable grounds to think your car contains stolen goods.

If they think you have committed a crime; If you are not driving a car or riding a motorcycle, bicycle or other vehicle, safely; If they think you should be at school; If you are under 17yrs and they think you are “at risk”.

In all circumstances they must tell you what legal search power they’re using to search you or your property.

THE POLICE MUST TELL YOU YOUR RIGHTS BEFORE QUESTIONING YOU: You do not have to go with the police unless you have been arrested You do not have to answer questions or make a statement (exceptions, see below) If you agree to answer questions or make a statement, you can change your mind and stop at any time If you make a statement or answer questions this may be used as evidence in court You have the right to consult a lawyer and have a parent or an independent adult there to support you If the police do not inform you of your rights and later charge you with a criminal offence, make sure you tell your lawyer or support person about this as the Police may not be able to use your information against you.

YOU HAVE THE RIGHT TO REMAIN SILENT:

POLICE COMPLAINTS:

Generally, when questioned by the Police you only need to provide your name, address and date of birth.

If you believe a Police officer has not complied with the above rights, you may have grounds to make a complaint to the Independent Police Conduct Authority (“IPCA”).

If you a driving you must provide your driver’s license and if you are in Police custody you must provide finger prints and have your photo taken.

In all other circumstances, you have the right to remain silent

The IPCA is an independent body that considers complaints about the Police in New Zealand and oversees Police conduct.

5

NGĀ TAKE MĀORI

Issues affecting Māori communities TE TIRITI O WAITANGI Kua roa nei a Aotearoa e tapatupatu ana I ngā take Tiriti o Waitangi. Heoi, tērā tētahi roia pākeha e whakapou kaha ana I roto I ngā take Tiriti, mo te mana o ngā iwi me ngā hapū o Aotearoa, te take. E tata ana ki te rima tau a Emma Whiley e mahi ana I ngā kerēme Waitangi. I naianei kei te mahi a Emma ki te tari matua o Bennion Law I te Whanganui-a-Tara. E whai ake nei ko ōna whakaaro e pā ana ki tēnei mea, te Tiriti o Waitangi:

What does the Treaty/Tiriti mean to you?

To me this is one of the most beneficial parts of the tribunal as the process creates an abundant and rich record of oral and traditional histories and Crown breaches of the treaty.

This gives ourselves and our future generations more context and understanding of the treaty and our history, therefore providing a solid basis for which we can address both historical and contemporary treaty issues.

“so many people do not even know the basics of the treaty”

The treaty is the basis for which all nonMāori live in this country. This means that all non-Māori live here under the terms of the treaty. Significantly this means that Māori maintain tino rangatiratanga (sovereignty, rule, control and power).

Why have you chosen Treaty/Tiriti settlements as a legal practice area?

Throughout law school I focused on Human Rights and indigenous rights issues. Working in the Waitangi Tribunal is one of the most applicable places to be active and practicing in these areas.

The most frustrating part of the tribunal process is that its findings are not binding.

This means that hapū and iwi can pour endless resources into their claims without seeing any real outcomes, even if the Tribunal has found in their favor.

Photo: Emma Whiley, Solicitor, Bennion Law. Emma has several years experience working in Treaty of Waitangi claims and Māori land issues, on behalf of Māori hapū and iwi.

Bennion Law works with

Should the treaty be taught in schools?

Definitely. I believe that one of the most significant reasons that there are such differing views on the issue of treaty settlements is because so many people do not know even the basics of the treaty and our history.

What are your experiences through the Waitangi Tribunal?

individuals, businesses, non-

“I am very privileged to be part of this journey with our hapū and iwi clients”

I am very privileged to be a part of this journey with our hapū and iwi clients. A key component of our work is gathering knowledge from kuia and kaumātua and this is certainly a highlight.

profits, community groups, whānau, hapū and iwi and are specialists in: Resource management, Environmental law, Treaty of Waitangi claims and Māori land law, Public & constitutional law, judicial review, charities and

not-for-profit law and Property law matters.

For more information on Bennion Law services, contact (04) 473 5755.

6

PASEFIKA ISSUES IMMIGRATION MATTERS: CITIZENSHIP O le vaega fa’apitoa lenei o le Legal Lowdown (po’o lenei puletini) e fa’atalanoaina ai mata’upu fa’aletulafono o lo’o a’afia ai tagata Pasefika i le si’osi’omaga inei Niu Sila. O lenei masina o le a fa’atalanoina ai se mata’upu e fa’atatau i sitiseni Niu Sila (po’o tagata ua apalai e avea ma tagatā nu’u o Niu Sila). O le a tatou fa’asoa i nisi o tagata ua vala’aulia e ‘auai i saunga fa’apitoa (private ceremony) mo le tau’a’aoina atu o tusi sitiseni (Citizenship Certificate), e ‘ese mai i sauniga tu’ufa’atasi (ma isi tagatā nu’u o le a maua sitiseni Niu Sila) e masani ona ‘auai ai le to’atele o tagata. O le a fa’ailoa atu fo’i po’o ai e mafia ona e feso’ota’i i ai pe a mana’omia atili se fesoasoani fa’aletulafono e fa’atatau i lenei mata’upu.

Our office has lawyers who may conduct the private citizenship ceremony for you in Samoan, Tongan and Punjabi (for free if you meet our eligibility criteria) What is the process if you cannot find an authorised person to conduct the private citizenship ceremony?

If you cannot find an authorised person who can speak your language, then you may be allowed to bring a relative or friend who is able to translate the oath of allegiance in your language during the private citizenship ceremony.

What is citizenship?

Citizenship means having all the rights and responsibilities of a New Zealand citizen, including the right to live in New Zealand indefinitely, travel on a New Zealand passport and stand for parliament. A New Zealand citizen must also follow New Zealand laws, enrol to vote and pay taxes.

Applications for NZ citizenship (Samoan citizen) A Samoan citizen can apply for New Zealand citizenship if they entered New Zealand on 14 September 1982. If a Samoan citizen entered New Zealand after this date, they must be on a residence permit, residence visa or permanent residence visa. A Samoan citizen can also apply if they are an Australian citizen or permanent resident.

It will usually take about 4 months to process an application for citizenship. If you do not meet the requirements, above, you may need to apply for citizenship by grant.

New Zealand citizenship is made official at a citizenship ceremony where the person who is granted citizenship makes the oath of allegiance.

Private vs Public Citizenship Ceremony?

Usually, successful applicants are granted NZ Citizenship at a Public Citizenship Ceremony, unless there are reasons of urgency why an applicant cannot attend a public ceremony, then the Minister of Immigration invite the applicant to partake in a private citizenship ceremony. In these circumstances, the applicant must write to their case manager at the Department of Internal affairs stating the urgent reasons as to why a private ceremony should be permitted.

Alternatively, an applicant may be permitted to attend a private ceremony if their Case Officer determines that a private ceremony is more appropriate for the applicant because of their limited command of English or difficult in understanding English.

Who can conduct a Private Citizenship Ceremony?

Private Citizenship Ceremonies are conducted by a JP, Solicitor of the High Court, Member of Parliament, or an Authorised Officer of the Citizenship Department of Department of Internal Affairs (“authorised person”).

Our lawyer, Tuulata Titimanu conducted a Private Citizenship Ceremony with Taupaolo and Esau Pasia on 26 February 2015 (pictured above). Below are Mr Pasia’a thoughts about citizenship.

Why did you want to become a citizen of New Zealand?

I have lived in New Zealand for more than five years and feel that New Zealand also my home too. I have worked here and raised my family in this country and want to called a citizen of New Zealand.

Did you understand what a private citizenship ceremony was when you received the letter of invitation from Department of Internal Affairs?

No, that is why I came to your office (CLSST) because I remember that you help people in the community who don’t understand how these things work. I felt more comfortable when I found out that it would just be me, my wife and the lawyer at the private ceremony and the lawyer can speak my language so that I understand the Oath of Allegiance.

Any further comments?

I am very happy that I am now a citizen of New Zealand. The private ceremony was a very good option for me because I could swear the Oath of Allegiance in my own language and I was not nervous. Thank you for your help in my matter.

For more information about citizenship, please contact our office or the Department of Internal Affairs.

7

LEGAL LENS

The law through public eyes

LEGAL LENS 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.

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.

“I wouldn't have considered that to be a sentence”

SHOPLIFTING This month our Legal Lens looked into public knowledge and attitude around shoplifting.

We wanted know what the public thought about store keeper’s rights and whether the penalties and sentences imposed were fair.

Please click on the link below to watch this month’s Legal Lens:

“I honestly would’ve thought it would be less severe”

“I think those sentences are actually quite harsh” We would like to take the opportunity to thank those who shared their thoughts and opinions with us in creating this months’ Legal Lens.

For past episodes of our Legal Lens, please visit our Youtube channel Thank you for watching.

8

Legal Education LEGAL EDUCATION Our legal education sessions are part of our preventative services which aim to reduce the number of legal disputes occurring in our communities.

Through our legal education services, we seek to inform, and educate the community on their legal rights and responsibilities in relation to various legal topics.

It is also an opportunity for individuals to ask questions about specific areas of law they may not understand.

For more information on our Legal Education sessions visit the education tab on our website to download/view our education booklet or contact us on (09) 274 4966

Legal Services

ON AIR We currently have 2 on-air legal information slots which are part of our preventative services.

We provide these services every Wednesday. Each week we look at a different area of law. The details of our on-air services are as follows:

Planet FM: Kiribati Voice, from 1:00pm Radio 531pi: Pacific Drive Time, from 2:00pm

To listen to our on-air services, tune in, live via the links below:

UPCOMING SESSIONS

LEGAL LUNCHBOX FREE Legal Education TENANCY LAW Week 1: Flatting & Boarding Week 2: Residential Tenancies Act Week 3: Rates, Rent, Bond & Utilities Week 4: Housing NZ & Tenancy Tribunal Online Webinar: March 10, 17 & 24 Papakura: March 11, 18 & 25

IMMIGRATION LAW Week 1: Work Residency & Visas Week 2: Sponsorship & Education Week 3: Rights of Overstayers Online Webinar: April 14, 21 & 28 Papakura: April 15, 22 & 29

EMPLOYMENT LAW Week 1: Employment Law Overview Week 2: Minimum Entitlements Week 3: Redundancy & Dismissal Week 4: Personal Grievances & Resolving Disputes Online Webinar: May 5, 12, 19 & 26 Papakura: May 5, 13, 20 & 27

CARE OF CHILDREN LAW Week 1: Care of Children Act 2004 Week 2: Parenting & Guardianship Week 3: Non-Removal Orders & The Hague Convention Week 4: Family Justice System Online Webinar: June 2, 9, 16 & 23 Papakura: June 3, 10, 17 & 24 9

LEGAL LUNCHBOX FREE LEGAL EDUCATION Tenancy Law SERIES 2: March 2015 Week 1:

Flatting & Boarding

Week 2:

Residential Tenancies Act

Week 3:

Rates, Rent, Bond & Utilities

Week 4:

Housing NZ & Tenancy Tribunal SERIES DETAILS

ONLINE WEBINAR

CAB PAPAKURA

Details provided upon registration (subject to number of registrations)

4a Opaheke Road,

Tuesdays: 12.15pm-1.15pm

Wednesdays: 12.15pm-1.15pm

March 10, 17 & 24

March 11, 18 & 25

PAPAKURA

Sign up for FREE! Community Legal Services South Trust Phone: (09) 274 4966 Email: education@clsstlaw.com Web: www.clsstlaw.com (education tab)

10

MAORI LAND CLINIC

FREE MAORI LAND ADVICE

A free Māori Land Advisory Clinic provided in partnership with the Te Mata Law, Bennion Law and Manurewa Marae, (First Wednesday of every month - by appointment only). Below are the dates for the 2015 Māori Land Advisory Clinics:

BENNION LAW:

TE MATA LAW:

4 March 2015 6 May 2015 1 July 2015 2 September 2015 4 November 2015

1 April 2015 3 June 2015 5 August 2015 7 October 2015

CLINIC DETAILS: Manurewa Marae 81 Finlayson Ave MANUREWA 30mins appointments from 10am -1pm

For more information or to book an appointment (with a lawyer) contact Wi Pere Mita: (09) 274 4966 or wipere.mita@clsstlaw.com

OUTREACH CLINICS: Our Community 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 9am-12pm) NB: Walk-ins seen according to order of arrival

11