Legal Lowdown Newsletter #21

ISSUE

COMMUNITY LEGAL SERVICES SOUTH TRUST

21

LEGAL LOWDOWN

March 2015

Celebrating Cultural Diversity in New Zealand

Race Relations Day: 21 March 2015 Kia Ora, Talofa, Malo e Lelei, Kiaorana, Bonjour, Hola, Bula Vinaka, Konichiwa, Namasté, Hello!

BEST WISHES CATHERINE This month we said farewell to our colleague Catherine Helm who is jet setting overseas.

Race Relations Day is an opportunity for communities to increase their awareness about cultural diversity in New Zealand.

Given the cultural and ethnic diversity of our South Auckland communities, we are proud supporters of race relations in New Zealand This year, we supported Race Relations Day 2015 by producing a multi-language video resource based on the theme “big change starts small”.

Catherine joined our team in 2012 and dealt mainly with our consumer and tenancy matters.

To watch our Race Relations video, please see page 10 of our Legal Lowdown.

We wish you all the best in your future endeavors., Catherine.

The Human Rights Commission has also produced some informative Race Relations Day posters that can be accessed via their website: www.hrc.co.nz/news/race-relations-day-2015-big-change-starts-small/

2

CONSUMER LAW Private Sales

5

CRIME STATISTICS

7

YOUTH & ALCOHOL

8

MAORI ISSUES Maori Land

9

PACIFIC ISSUES

10

LEGAL LENS 1 Race Relations

CONSUMER LAW: BEWARE OF HOW YOU BUY PRIVATE SALES

Personal Property Securities Register (“PPSR”)

Buying consumer goods, privately, can be risky business as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 do not offer protection for private sales (such as goods bought at garage sales or from a private person on Trade Me rather than from a shop or business)

The PPSR is an online system where creditors register their

This being said, there are other laws that offer limited protection where a private sale has gone wrong.

security interest over goods. The PPSR will show if there is any money owing on a good. As a precaution, a potential buyer should always check the PPSR when making private pur-

“private consumer sales have less protection than ordinary consumer sales”

chases as this will indicate whether the seller has “good title”. To search the PPSR you must first register (which is free). Each search will cost you $3.

Faulty goods

If goods you have purchased are faulty, you may be entitled to

Misleading Statements If the seller has made false representations about a good or service and you have relied on such representation to purchase the good or service, you may have grounds to seek compensation for any money lost or cancel the contract (i.e credit contract or hire purchase).

compensation or a refund based on how serious the fault is. If you are entitled to a refund then you do not have to accept a store credit note or replacement. If you can not agree with the seller about how to resolve an issue over faulty goods, you have the option of making a claim with the Disputes Tribunal, for compensation.

Good Title

Helpful Tips

The term “good title” means “a right to sell” and the law provides that every seller must have the right to sell goods (does not apply to services).

#1

If the seller has used the goods as security for a loan or there is money owing on the goods, this could mean that the seller does not have “good title”.

Always do your research. Do some background checks on the seller - they might have a

“do not sign a contract if you do not understand it”

sketchy history when it comes to consumer transactions. Steer clear of these people. #2

Ask

questions.

Ask

about

whether money is owing on the goods and about the condi-

If you have purchased goods from a seller who, unknown to you, did not have good title, you may have grounds to seek a refund or even compensation from the seller for any loss you have suffered as a result of the consumer transaction.

tion of the goods you are buying. The seller must tell you the

If you are sold goods with a security interest over or with money still owed on the goods, the creditor (the person who or company that holds the security interest) may be able to repossess the goods. In this case, you may be able to make a claim against the seller to recover any money you have lost as a result of the sale.

dispute with the seller over any terms of the transaction.

truth. #3

Get everything in writing. Make sure you record

everything in writing. This will be helpful later if there is a

#4

Read the fine print. If there is a contract (or other

document) make sure you read the fine print as it could contain important terms and conditions. DO NOT SIGN a contract if you do not understand anything you read.

Source: Community Law Manual 2

PRISON: AVL Court/Prison Link Project The Audio Video Link Project is now complete. This project will allow prisoners to appear in Court without leaving prison.

Corrections Minister, Peseta Sam Lotu-liga confirms that 12 prisons which hold remand prisoners have the AVL, along with Auckland Prison (at Paremoremo) which holds the highest risk prisoners. Rimutaka in Upper Hutt is the latest prison to join the AVL network.

Mr Lotu-Iinga says around 40,000 remand hearings occur each year. Court escorts reduced by nearly 5,000 over the last year, and this is increasing.

The AVL network is used mainly for procedural hearings, such as list appearances, call-overs and bail hearings. It can also be used for trials, with the consent of the defendant. The technology is also used for parole hearings and to allow prisoners and their families to keep in touch.

The cost of installing the latest phase of AVL was $10.68 million. The programme is enabled by the Courts (Remote Participation) Act 2010.

Source: beehive.govt.nz

LAW REFORM PIPELINE In February this year the Prime Minister announced the government’s plan for law reform in 2015, with considerable focus on strengthening minimum employment standards.

In April 2015, paid parental leave will be extended from 14 weeks to 16 weeks. Changes to Health and Safety in Employment Act 1992 which are due to come in to force in April 2015.

The Government is also looking to amend the Resource Management Act “to provide more certainty, timeliness and cost-effectiveness around resource allocation decisions.”

There are also proposed changes to the cyber law which are aimed addressing cyber-bullying, organised crime and online child abuse.

The government is also looking to reform legislation relating to privacy, parole hearings and support of victims of sexual violence.

Changes to the Te Ture Whenua Maori Act 1993 will also be introduced this year and progress is proposed to be made to Treaty of Waitangi settlements with the aim of having these resolved by 2017.

Source: Prime Minister’s Statement 2015

3

EMPLOYMENT LAW: CHANGES FROM 6 MARCH 2015 Major changes to employment law come into force this month.

Some of those key changes are: Extending the right to request flexible working arrangements to all employees

Changes have also been made to paid parental leave (“PPL�).

These changes wont come into effect until 1 April 2015.

The PPL changes extend the maximum amount payable from 14 weeks to 16 weeks. These change apply only to an employee or self-employed person if:

The expected date of delivery of their child is on or after 1 April 2015, but the child is born before that date or;

How employers and employees should agree on rest and meal breaks

The child is born on or after 1 April 2015; or

Establishing a process for the transfer of employees in some industries if there is a restructure in the business or a change in business owner

In the case of adoption, if the date on which the carer assumes the care of the child is on or after 1 April 2015.

Clarifying the confidential information that employers are obliged to give to affected employees in dismissal and redundancy situations Changes to collective bargaining: reaching new collective agreements, opting out of multi-employer bargaining, removing the 30 day rule for new, non union employees and allowing pay deductions of employees who take part in partial strikes.

Employers do not pay PPL as it is funded by tax payers.

For more information on these changes, please see the Ministry of Business, Innovation and Employment website at www.dol.govt.nz/ppl

4

5

“Community Legal Services South Trust, out and about in our community”

TE MATATINI 2015: Christchurch

POLYFEST 2015: Manukau

Visit from Minister of Consumer Affairs: Otara

PASIFIKA 2015: Manukau

6

YOUTH

YOUNG PEOPLE & ALCOHOL PURCHASING ALCOHOL

DRINKING ALCOHOL LEGALLY

A young person aged 18 or over can drink alcohol in licensed premises.

A young person aged under 18 can drink alcohol in an undesignated area or in a supervised area of licensed premises if they are accompanied by their parent or guardian and the parent or guardian supplies the young person with the alcohol.

Although it's legal for your parent/guardian to buy you alcohol when you are under the age of 18, it's against the law for someone else to buy you a drink. If they do, they could be fined up to $2000

A young person aged 18 or over can buy alcohol. A young person aged under 18 cannot legally buy alcohol, but depending on where they are and whether a parent or guardian is with them, they may be able to legally drink alcohol

LIQUOR BAN AREAS

Local authorities can make special rules (bylaws) that mean you're not allowed to have alcohol in particular public places. This is called a “liquor ban”. In many places, a liquor ban means no one can have alcohol on the street, no matter what their age.

Liquor bans don't apply in licenced premises (like bars or bottle shops) or if you are carrying unopened bottles from a licensed premises to an area outside the liquor-free zone.

It's an offence to consume or possess alcohol in a liquor ban area. If you do, Police can ask you to tip out the alcohol, take it from you, or ask you to leave the area. If you refuse, Police can charge you for breaching the liquor ban.

You might have to go to court and could be fined up to $250.

SELLING ALCOHOL TO MINORS

USING FAKE ID

Anyone who sells or supplies alcohol in licensed premises to anyone under 18 is liable to a fine of up to $2,000, or in the case of the licence holder or manager of the licensed premises, a fine of up to $10,000.

Someone who uses a fake ID, or someone else's ID, or gives or lends an ID to an underage person knowing they intend to use it to buy alcohol, is committing a crime and can be fined up to $2,000. Using a fake ID is known as “fraud”.

It is a defence if the defendant proves that the person who sold or supplied the alcohol checked ID and believed, on reasonable grounds, that the person to whom it was sold or supplied had reached the age of 18

It's likely that if staff at the club/bar/bottle shop/supermarket discover that you're using a fake ID, they'll most likely take the ID off you and tell you to leave the premises, then pass the fake ID on to the Police.

7 Source: Community Law Manual

NGĀ TAKE MĀORI

Issues affecting Māori communities TOITU TE WHENUA, WHATUNGARONGARO TE TANGATA. Kua puta te karere a Te Ururoa Flavell (Minita Whanaketanga Māori) e pā ana ki te kowhiringa o te tira, mā rātou ngā whakahoutanga i Te Ture Whenua Māori Act 1993, e arahi. E whai ake nei, ko ētahi pitopito korero e pā ana ki ngā mema o taua tira, me te kōrahi hoki o ngā mahi o taua tira.

Te Ture Whenua Māori Act 1993 [Te Ture Whenua Māori Act 1993] has been reviewed and the Government is drafting a new Te Ture Whenua Māori Bill to reform the governance and management of Māori land based on the review’s outcome.

In short, the aims of the proposed law changes are: Better law – a legal framework that: (a) supports and promotes the retention and use of Māori land by its owners; (b) empowers owners of Māori land to pursue their aspirations and to realise the economic potential of their land; (c) respects the intrinsic cultural significance of Māori land; Better services – an institutional framework that: (a) provides an effective alternative to litigation to resolve disputes; (b) supports owner decision-making and encourages participation; (c) ensures Māori land ownership and title records are accurate and accessible; (d) gives owners of Māori land the information they need, when they need it; (e) makes it simple to register Māori land governance bodies; Better outcomes – reforms that lead to: (a) Māori land owners making and acting on their own decisions; (b) fuller and more effective utilisation of Māori land; (c) disputes resolved effectively with less relationship damage; and (d) enhanced standing of the Māori Land Court as a judicial forum.

Te Ture Whenua Māori Ministerial Advisory Group The Hon. Te Ururoa Flavell has appointed Kingi Smiler, Traci Houpapa, Spencer Webster, Linda Te Aho, Sacha McMeeking, Matanuku Mahuika and Dr Taniera Kingi to the Ministerial Advisory Group whose role is to provide independent advice to Te Minita Whanaketanga Māori on the development of an exposure draft of Te Ture Whenua Māori Bill and the Māori Land Service from the perspective of those who operate within the Māori land regime.

The Advisory Group is made up of lawyers, lecturers, accountants, Māori development directors and economists. All of the Advisory Group members have experience in dealing with Māori land development.

Key features of the bill will include: The same high threshold for selling or gifting Māori freehold land as currently required with owners able to set higher thresholds; Provisions for keeping the Māori Land Court as a key institution but with a more judicial focus and less administrative or managerial functions; Ability for owners to make key decisions themselves with compliance measures limited to those things essential to ensure the process is fair and transparent; A framework for Māori land governance bodies that enables owners to appoint whatever form of governance body they choose, with an option for owners to form their own legal entity and agree its constitution; An alternative dispute resolution service to assist parties to resolve issues concerning Māori land quickly, effectively and in accordance with the tikanga, values and kawa of the hapū associated with the land both as to process and substance; An administrative process for the majority of successions; An option for owners of existing Māori freehold land to convert to collective ownership.

For more information about the Advisory Group or the Te Ture Whenua Māori Act 1993 reforms, please follow the links above.

Sources: Terms of Reference, Te Ture Whenua Māori Ministerial Advisory Group & Te Puni Kokiri

8

PASEFIKA ISSUES UNINVITED DIRECT SALES O le auala masani ete faatau ai se oloa po’o se auaunaga a se kamupani o le faatino lea o le faatau I le fale-oloa po’o le ofisa o le kamupani. Peitai, e I ai taimi e afea ai pe telefoni atu foi se faatauoloa I lou laoa po’o lou maota, e faatau atu ia te oe sa latou oloa po’o se auaunaga. O faatauga oloa po’o auaunaga e le sili atu ma le $100 e faatino I lou laoa po’o lou maota e tau lea I le tulafono o le “Faatauga Tuu-sao e le’I Vala’aulia”. E tatau ona faatagia e faatau oloa aiaiga o le tulafono e faasino I faatauga tuu-sao e le’I vala’aulia I le taimi o feutagaiga ma le faatinoina o le faatauga. O se faamatalaga lenei e toe faamanatu tulaga masani e faasino I faatauga tuu-sao e le’I vala’aulia.

Before entering into an uninvited sales agreement, the sales person must advise you, verbally, of your right to cancel a UDS contract within 5 working days, as well as how you may go about cancelling the UDS contract.

A UDS contract must be in plain language and legibly written.

It must set out, in the front page, the following information:

Clear description of the goods or “you have the right to services supplied; Summary of your rights to cancel; say NO!”

Uninvited direct sales (formerly known as door-to-door sales) and telemarketing sales are common ways in which businesses market and sell their goods or services. A salesperson may contact you by phone or show up at your home without invitation to persuade you to buy a good or service they are selling. This salesperson can be referred to as “uninvited salesperson”.

However, you must always remember that you have no obligation to purchase a good or service from the uninvited salesperson. If you do not want to listen to the uninvited salesperson, you can hang up the phone or tell him or her to leave your property. Likewise, if you feel pressured by the uninvited salesperson.

Total price payable or the method in which the total price is calculated.

If the UDS contract does not contain the above information, the rights of the uninvited salesperson’s company, under the UDS contract, may not be enforced against you.

Once the UDS contract is signed by you and the sales person MUST give you a copy of the UDS contract immediately.

“the salesperson must tell you about the right to cancel”

If you purchase a good or service from the uninvited salesperson, your purchase is an uninvited direct sale (“UDS”). The uninvited salesperson must follow certain steps for the UDS to be enforceable against you.

The first step is your UDS must be witnessed in writing through a UDS agreement or contract (“the UDS contract”).

The uninvited salesperson must give you a completed UDS contract after it is signed by you and the uninvited salesperson.

If you change your mind after signing the UDS contract, you must remember, your right to cancel must be exercised within 5 working days from the date you were given a valid UDS contract.

In the next edition, we will cover cancellation of the UDS contract.

If you would like further information around door-to-door sales, you may contact any one of the following sources: Commerce Commission - www.comcom.govt.nz Ministry of Consumer Affairs - www.consumeraffairs.govt.nz Community Legal Services South Trust – www.clsstlaw.com 9

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.

“we are all in it together”

RACE RELATIONS This month our Legal Lens looked at race relations in New Zealand.

We are a multi-cultural office here at CLSST and we wanted to share our thoughts about race relations.

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

“live together in unity”

“we are all on the same waka” For past episodes of our Legal Lens, please visit our Youtube channel Thank you for watching.

10

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

UPCOMING SESSIONS

LEGAL LUNCHBOX FREE Legal Education IMMIGRATION LAW Week 1: Work Residency & Visas Week 2: Sponsorship & Education Week 3: Rights of Overstayers 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 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 Papakura: June 3, 10, 17 & 24

Radio 531pi: Pacific Drive Time, from 2:00pm

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

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

11

LEGAL LUNCHBOX FREE LEGAL EDUCATION Immigration Law SERIES 2: April 2015 Week 1: Week 2:

Work Residency & Visas Sponsorship & Education

Week 3:

Rights of Overstayers

SERIES DETAILS CAB PAPAKURA 4a Opaheke Road, PAPAKURA Wednesdays: 12.15pm-1.15pm April 15, 22 & 29

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

12

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:

TE MATA LAW:

BENNION LAW:

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

1 July 2015 2 September 2015 4 November 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

13