Legal lowdown newsletter#28

ISSUE

28 October 2015

LEGAL LOWDOWN

Passports Amendment Bill (No 2) 2015

10-YEAR PASSPORTS APPROVED Passports Amendment Bill (No 2) 2015Passed!

There are also proposals to extend online services to allow child passport renewals and first-time adult applications to be submitted online. Currently around 40% of adult renewal applications are submitted online.

On 15 October, International Affairs Minister, Peter Dunne announced the passage of the Passports Amendment Bill (No 2).

This new law will enable the issue of 10 year passports to adult New Zealanders. These will replace the current 5 year passports.

“We must safeguard the highly trusted international reputation of our passport which allows New Zealanders the freedom to visit approximately 170 countries without applying for a visa.�

It is important to note that children passports will still have a 5 year expiry as the appearance of a child changes significantly over time. This is consistent with international convention.

The 10-years passports will be available from 30 November 2015.

For more information about the new 10-year passports, please see the Beehive website.

The rationale behind the law change was to provide greater convenience to passport holders in having to renew their passports less frequently. These changes also result in a price reduction in the annual average price of an adult passport which will cost no more than $180.00 per passport.

2

NEW ACC LAWS

3

GAMBLING LAWS & LOW INCOME LOANS

Source: beehive.govt.nz

6

RIGHTS TO A REFUND Consumer Law

7

Mental Health Awareness 1 Week

ACC Law Change ACC Minister Nikki Kaye has confirmed that Cabinet has signed off changes to the Accident Compensation Act 2001 that will allow superannuitants to better cope with the accidental death of the spouse or partner.

The current law requires superannuitants to chose between receiving either the NZ Super or ACC weekly compensation (after receiving both for one year). This is despite ACC weekly compensation being available for five years to the spouse of someone who is fatally injured.

ACC weekly compensation is paid when someone is unable to work because of injury. It is paid as a percentage of the pre-injury earnings.

The new change will allow superannuitants to receive both NZ Super and surviving spouse weekly compensation on the same basis as other surviving spouses. This change will apply to superannuitants whose spouse/partner was working at the time of their accidental death, and receiving earnings which qualify for the payment of ACC weekly compensation.

For more information, see the Beehive website.

Source: beehive.govt.nz

Admission to the Bar Congratulations to our volunteer Neferteri Cristobal who was admitted to the bar on 2 October 2015 at the High Court at Auckland.

Our lawyer Soane Foliaki acted as her moving counsel at her admission ceremony.

Redundant laws to be repealed The Minister of Regulatory Reform, Steven Joyce and the Parliamentary Under-Secretary for Regulatory Reform, David Seymour have released the Statutes Repeal Bill.

This Bill sets to repeal 120 pieces of legislation and parts of eight other Acts that are deemed to be “redundant”.

If that Bill is passed, it will reduce the total number of public Acts by 10%.

Calls for submissions on the new Bill have been made. Anyone wanting to make a submission must do so by the submission closing date which is 4 December 2015.

For more information, see the Beehive website.

Source: beehive.govt.nz © CLSST, 2015 - (09) 274 4966

-

www.clsstlaw.com - admin@clsstlaw.com

2

COURT TXT REMINDERS The District Courts have introduced a new text messaging service which reminds those appearing in Court of the Court date through receiving an automated text message the day before their hearing.

There is currently a 4%-6% “no show” rate in case review, sentencing and judge-alone trial events. This results in the issue of 3500+ arrest warrant for those who fail to attend Court.

To sign-up for the new text reminder service, please see the Ministry of Justice website or call 0800 268 787

GAMBLING LAW CHANGES The Gambling Amendment Act 2015 became law this month.

The new Act aims to give greater affect to the purpose of the Gambling Act 2003 which is to ensure that money from gambling benefits the community.

The Act will:

 Increase the transparency of grant-making from the proSource: ADLSI Lawnews

ceeds of gaming machines in pubs and clubs (Class 4 gambling)

 Reduce potential conflict-of-interest situations between non-

Community Finance Low-Income Loans The Bank of New Zealand has announced that it will increase its support for the Community Finance initiative.

This partnership initiative between the Ministry of Social Development, BNZ, Good Shepherd NZ and the Salvation Army, provides interest free and low interest loans to New Zealanders on low incomes.

This initiative was developed in 2014 with pilot programmes being set up in South and West Auckland.

Loan applicants currently work with Community Finance Workers from the Salvation Army in Waitakere and Manukau, and can apply for support to purchase items which provide economic opportunities and improve the quality of life, such as cars and car repairs and household items such as appliances and computers.

It is hoped that as a result of the initiative loan applicants are able to better resource themselves for ongoing education opportunities and employment.

The Minister for Social Development, Anne Tolley, welcomes the pledge of $50 million from BNZ saying that “Community Finance offers an alternative to high-interest loans and the type of easy credit which has huge hidden fees.”

For more information, see the Salvation Army website.

casino gaming machine operators, venues and grant recipients

 Improve transparency surrounding the use of management companies carrying out specific gambling-related functions for gaming societies

 Simplify compliance and reduce costs for societies and venue owners in some areas

 Ensure the efficiency of the Gambling Act appeal processes.

Statistics The latest Gambling Expenditure Statistics published by the Department of Internal Affairs shows that $2091mil was expended on the four main types of gambling activity—TAB racing and sports betting, NZ Lotteries games, gaming machines (outside casinos) and casino gambling in the 2014 financial year.

According to the 2012 New Zealand Gambling Survey, 0.7% of New Zealand adults aged 18years and over were found to have a gambling problem.

If you, a family member or a friend is suffering form a gambling problem, contact: Gambling Helpline Ph: 0800 654 655 (7 days) Email: info@gamblinghelpline.co.nz TEXT “4 HELP” to 8006 For more information, see the Beehive website.

Source: beehive.govt.nz 3

Š CLSST, 2015 - (09) 274 4966

-

www.clsstlaw.com - admin@clsstlaw.com

4

NGĀ TAKE MĀORI

Issues affecting Māori communities

Te Reo Māori: Māori Language (Te Reo Māori) Bill Kua whakaae te kāhui minita ki ngā panonitanga I te ture reo Māori hou. Ka tirohia e tātou ēnā panonitanga.

Key proposals to amend the Māori Language (Te Reo Māori) Bill have been approved by Cabinet.

The key proposals include: 

Giving legislative status to two Māori Language Strategies, one the responsibility of the Crown, which will focus on national-level issues and the other strategy the responsibility of tangata whenua that will focus on matters at an iwi and community level; and



That the primary responsibilities of Te Mātāwai to support whānau, hapu, iwi and communities, but also enabling it to influence central government efforts; and



Adjusting the membership of Te Mātāwai to ensure representation for urban Maori and providing for Te Puni Kokiri to facilitate the selection process; and



Maintaining Te Taurawhiri and Te Māngai Pāho as Crown Entities and;



Establishing two governance and engagement forums between Te Mātāwai and the Crown

These proposals are supported by the Minister of Maori Development.

Cabinet has also agreed to enact the Bill in both English and Māori, with the Māori text prevailing in law should there be a dispute around interpretation.

For more information, see the Te Puni Kokiri website

© CLSST, 2015 - (09) 274 4966

-

www.clsstlaw.com - admin@clsstlaw.com

5

PASEFIKA ISSUES KNOW YOUR RIGHTS ABOUT REFUNDS O le vaega faapitoa lenei o le Legal Lowdown e talanoaina ai mataupu faaletulafono o loo aafia ai tagata Pasefika i le siosiomaga inei Niu Sila. O lenei masina, a o aga’i atu i aso fiafia ma malologa i le fa’aiuga o lenei tausaga, o le a faatalanoaina ai aia tatau a tagata pe a fa’atau oloa.

What are your rights to a refund from a shop?

You don’t actually have a right to return goods for a refund if you simply change your mind. A shop doesn't have to give you a refund if you: 1) Regret buying the goods, for any reason;

What if there is a fault with the goods I have purchased?

If there is a fault with the goods you have purchased, you are covered by the Consumer Guarantees Act 1993 (CGA). The CGA sets out a number of guarantees that all goods sold in New Zealand must meet, such as, being acceptable in quality.

So, if you buy or receive something that turns out to be faulty, you have the right to take it back to the shop and ask them to fix the problem. Depending on how serious the fault is, the shop might have to repair or replace the goods, or offer you a refund.

We have developed some interactive exercises, aimed at youth, to help improve knowledge of rights to return and exchange.

2) Find the same thing cheaper elsewhere; 3) Bought something for someone else that they don’t like or already have; 4) Bought clothes that don’t fit or something that doesn't match what you already have.

Please see our website to access these interactive resources by following this link

What should you do if you want to return goods and get a refund?

Before you buy something you are unsure about, ask whether the shop has a return policy or offer exchange cards that allow you to exchange your gift.

Return Policy Some shops have a “change of mind” return policy. The terms of these return policies are decided by the shop owner.

Check the terms and conditions of the policy before you buy.

What if the shop does not have a return policy?

You can ask the shop whether you can return goods if they are not suitable. If the shop agrees to this, get the agreement in writing when you buy the goods. They may also have an exchange card you can use.

Source: Ministry of Consumer Affairs © CLSST, 2015 - (09) 274 4966 © CLSST, 2015 - (09) 274 4966 -

www.clsstlaw.com - admin@clsstlaw.com www.clsstlaw.com - admin@clsstlaw.com

6

Mental Health Awareness Week 2015 Mental Health Awareness Week (MHAW) ran from 5-11 October 2015.

The theme of MHAW was “give”. In keeping with the theme of MHAW 2015, CLSST is helping to “give” by providing some statistics on Mental Health in New Zealand.

These statistics are taken form the Mental Health Foundation: Quick Facts and Stats 2014 (2012/13 NZ Health Survey) Chief Coroner Annual Provisional Suicide Figures (2014/15) and the 2013 Disability Survey

20%

200,000+

of NZ women likely to have been diagnosed with a mental disorder

NZ adults experienced psychological distress in the last four weeks of the survey.

242,000 (approx.) of NZer’s are living with disability caused by psychological and/or psychiatric conditions

1 in 6 NZ adults were diagnosed with a mental disorder.

564

NZer’s died as a result of suicide (per 100,000 population)

7

8