Legal lowdown newsletter#27

ISSUE

27 September 2015

LEGAL LOWDOWN

Unitec design students develop legal info animations

LEGAL INFORMATION ANIMATIONS LEGAL INFORMATION ANIMATIONS

...The community law centres are an awesome team who help people and give free legal advice and as a student that really appealed to me. Helping the community is something that can’t really be beat as to how I felt after having the task complete. I just hope that what I have created will indefinitely help people in the future to seek help and know that it is out there.

In collaboration with Auckland Community Law Centre and students from the Unitec Institute of Technology, we were able to develop some legal information animations for distribution to the public. Animation topics include family mediation, clean slate scheme, no asset procedures and employment entitlements, just to name a few.

My future aspirations as a student is to indeed create a future based around design, throughout this course I wasn’t too satisfied with animation as a career but after the years and being taught by the lecturers that I have had i really feel like anything is possible for me at this moment. It all comes down to the effort and knowledge I choose to put into what I create. But yes, design is definitely my chosen career path at this point.

We were pleased to have been invited to participate in this mentoring opportunity. Keep an eye out on our online and written media as we will be posting the animations up for everyone to see.

Michael Davis, 2nd year Unitec Graphic design and animation student outlines his experience working on this project:

I love being able to create something from just a vision a person has had, or a business then coming back to them in future days or weeks with the product and seeing the pleasing smile on there face.

It is really what has made me solidify design work as my hopeful career.”

Cover design: Adam Bradley (animation shot)

“I chose to engage in this project as I really enjoyed the idea of helping the community or people who are not sure what type of legal help is out there for them to seek...

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Victims Code & Family Violence

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Employment Law Minimum Rights

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STATISTICS Convictions

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Māori Law Conference 1

Family Violence information sharing Justice Minister, Amy Adams has announced new Court rules regarding the sharing of information pertaining to family violence victims and defendants between the family and criminal courts, to support Judges' decisions in relation to family violence.

Under the new rules Judges will have access to affidavits, victim impact statements and summaries of facts from family violence proceedings that weren’t previously available, to them.

The changes were introduced as approximately 1200 people who have had a protection order made against them in the Family Court were also involved in family violence related proceedings in the Criminal Court.

In support of the new changes the Justice Minister said: "Bail decisions are critical in family violence cases because the victim is well known to the perpetrator. In a random crime, there is some degree of anonymity, but in family violence, the perpetrator usually knows exactly where the victim lives, and potentially their daily schedule as well. Giving judges a clear picture of a defendant’s previous pattern of family violence offending when they are making bail decisions is another way to help protect victims from further harm."

The new information sharing rules follow the recent announcement of a pilot programme in the Porirua and Christchurch District Courts. This provides Judges and Registrars with a Family Violence Summary Report which details a defendant's recorded family violence incidents, Police Safety Orders and Protection Orders, including any breaches.

For more information on these rule changes please see the beehive website.

Source: Beehive and Family Violence Clearinghouse

emergency:

On 19 September 2015, Justice Minister, Amy announced the launch of a new Victims Code as part of a Government initiative to provide better support to victims of crime.

The code sets out the following principles that people or organisations should follow in order to promote victim rights: Principle 1: Safety Principle 2: Respect Principle 3: Dignity and privacy Principle 4: Fair treatment Principle 5: Informed choice Principle 6: Quality services Principle 7: Communication Principle 8: Feedback In addition to the above principles, the code also formally sets out the rights of victims of crime. While the principles apply to all victims, the rights only apply to victims of crimes reported to the police or before the Courts. The following rights apply to crimes reported to the police or before the courts: Right 1: To be given information about programmes, remedies and services Right 2: To be given information about investigation and criminal proceedings Right 3: To make a victim impact statement Right 4: To express your views on name suppression Right 5: To speak official languages in court Right 6: To get back property held by the state In addition to the abovementioned rights, victims of serious crimes have the following rights: Right 7: To be informed about bail and express your views Right 8: To receive information and notifications after sentencing Right 9: To have a representative receive notifications Right 10: To make a submission relating to parole or extended supervision orders In addition to the abovementioned rights, victims of a crime committed by a child or young person has the following right:

Family Violence help line:

victims code

Right 11: Family group conferences

0800 456 450 111

© CLSST, 2015 - (09) 274 4966

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Victims still have all other rights as provided for under laws such as the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990.

For more information, see the Victims Information website Source: Ministry of Justice www.clsstlaw.com - admin@clsstlaw.com

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STUDENT SURVIVAL KIT: With the end of year approaching, the next generation of school leavers will be taking their first steps into adulthood.

This means, for most, moving out of Mum and Dad’s home and going flatting (see last month’s newsletter for tenancy rights and obligations). This also means finding a job to pay your rent, utilities and other expenses.

There is a lot to know about getting your first job. This article sets out minimum wage entitlements.

MINIMUM WAGE

EMPLOYMENT LAW 101

You are a trainee worker if: you’re aged 20 or older, and you’re doing at least 60 credits a year of industry training as part of your employment agreement.

The adult minimum wage is $14.75 an hour (before tax,) for anyone over 16 years that is not covered by the starting out worker wage or the trainee worker wage.

MINIMUM WAGE EXEMPTION PERMIT

The minimum wage is the lowest amount a boss can pay a worker for the work they do during their employment.

There are different categories of minimum wage as follows: Minimum wage for a “starting-out worker” or trainee worker is $11.80 an hour (before tax).

You are a starting our worker if: you’re 16 or 17, and you’re yet to complete six months’ employment with your current employer you’re 18 or 19 and you’ve been on a benefit for six months or more, and you’ve yet to complete six months’ employment with any single employer since you starting getting the benefit, or you’re 16, 17, 18 or 19, and you’re doing at least 40 credits a year of industry training as part of your employment agreement.

The Labour Inspector has the power to issue a minimum wage exemption permit that allows an employer to pay an employee less than the minimum wage. This, however, is only reserved for employees with a disability that significantly affects their job performance.

In order for an exemption permit to be granted the Labour Inspector must be satisfied that the issuing such permit is reasonable and appropriate.

A wage rate under an exemption will be based upon an employees ability to do their job.

For more information about minimum wages please see the Ministry of Business, Innovation and Employment website.

WAIKATO CONNECTIONS

TAINUI

Maintaining our relationship with local Mana Whenua is important to us. Attending the annual coronation celebrations of King Tuheitia allows us to maintain these connections.

This year, our lawyer Wi Pere Mita attended the coronation celebrations at Tūrangawaewae Marae, Ngāruawāhia. It was an opportunity for him to touch base with local Māori and the Kīngitanga.

© CLSST, 2015 - (09) 274 4966

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www.clsstlaw.com - admin@clsstlaw.com

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STATISTICS: NUMBER OF ADULTS CONVICTED IN NZ Arranged by sentence type and seriousness of offence

Year ending 30 June 2015 Sentence

2015

2014

2013

% Total 2015

Life

30

39

23

0.0%

Preventive Detention

14

7

11

0.0%

7842

10.8%

3004

4.2%

Imprisonment Home Detention

“it is against the law to 7105 breach copyright in New 2771 2774 Zealand” 7132

Community Detention

4513

4773

5513

6.8%

Intensive Supervision

1579

1284

1301

2.4%

16,704

17,705

19,444

25.3%

Community Work, corrections Supervision by Community Corrections Fine Reparation, Restitution

“the District2725 Court has 3120 the power to fin up to $150,000” 19,499 22,254 24,746 2864

4.3%

29.5%

3432

3585

3800

5.2%

810

820

863

1.2%

Other

2336

2628

2959

3.5%

Conviction & Discharge

4318

4568

5211

6.5%

66,002

70,267

77,837

100.0%

Disqualification from Driving

Total

Source: New Zealand Law Society © CLSST, 2015 - (09) 274 4966

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www.clsstlaw.com - admin@clsstlaw.com

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Advice

44%

Assistance

47%

Representation

7% 5

NGĀ TAKE MĀORI

Issues affecting Māori communities

Te Hunga Roia Māori: Māori Law Conference at Waitangi I tēnei marama I tu te Hunga Roia Māori hei whakakao I te hunga Māori e mahi ana I te ao ture—mai I ngā pūkenga ture o roto I ngā Whare Wananga, ki ngā roia Māori tae atu ki ngā tauira e ako ana I te ture.

We were pleased to attend this year’s Māori Law Conference hosting at Waitangi. The conference was also attended by other lawyers, members of the judiciary, legal academics and law students. The theme of the conference was ‘stand at the stern of the canoe and feel the spray of the future biting at your face’. Underpinning the main theme was the subthemes which included Te Tiriti (the Treaty), Hauora (Health) and Whanaungatanga (networking or relationship building).

Community Law was also invited to address the conference as keynote speakers. Our Community Law panelists were Paula Bold-Wilson (Waitematā Community Law Centre), Desiree Williams (Ngai Tahu Māori Law Centre) and Robyn Rauna (CLCA Board Member). The panel spoke about the services provided by Community Law Centres around New Zealand and the need for sustainable funding and pro-bono support from the legal fraternity in order to ensure that Community Law continues to deliver its services.

Some of the other conference speakers covered pertinent topics such as incorporating tikanga into contracts, the Te Ture Whenua Māori Act 1993 reforms, protecting waahi tapu and of course, Te Tiriti o Waitangi (the Treaty of Waitangi).

Community Legal Services South Trust would like to thank and congratulate Te Hunga Roia Māori o Aotearoa and the organising committee for a very successful conference.

© CLSST, 2015 - (09) 274 4966

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www.clsstlaw.com - admin@clsstlaw.com

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Legal Education education statistics

SESSIONS

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.

legal 27 education

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 and to download/view our education booklet visit the education tab on our website or contact us on (09) 274 4966

sessions delivered this month

Legal information

480

people participated in our legal education sessions this month Š CLSST, 2015 - (09) 274 4966

UPCOMING

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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:

www.clsstlaw.com - admin@clsstlaw.com

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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:

7 October 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 6A Rouslton Street Pukekohe

Manurewa Manurewa Marae 81 Finlayson Ave Manurewa

Appointments available: Fortnightly on Tuesday

Appointments available: Wednesday

© CLSST, 2015 - (09) 274 4966

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www.clsstlaw.com - admin@clsstlaw.com

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