Legal lowdown newsletter#29

ISSUE

29 November 2015

LEGAL LOWDOWN

WHITE RIBBON DAY 2015 White Ribbon Day is observed annually on 25 November to spread awareness of domestic violence in New Zealand.

The beginnings of the campaign comes from the White Ribbon Day movement in Canada and the United Nations International Day for the elimination of violence against women both of which are also observed on 25 November.

In support of White Ribbon Day 2015, staff of Community Legal Services South Trust took the pledge “never to commit, condone or remain silent about violence towards women”.

You can take the pledge too, either as an individual or a group, by completing the pledge forms available on the White Ribbon Website: http://whiteribbon.org.nz/act/ the-pledge

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FRAUD AWARENESS

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REDUCING REPEAT DRINK-DRIVING

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WAITANGI TRIBUNAL TREATY OF WAITANGI

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IMMIGRATION LAW 1 Student Visas

Awareness Week 2015 15-21 November In support of Fraud Awareness Week 2015, we provide you with a number of tips to keep you safe from fraud.

New Zealand’s Fraud Awareness Week is run by the Ministry of Business, Innovation and Employment (Consumer Protection Team) in support of the International Fraud Awareness Week initiated by the Association of Certified Fraud Examiners.

#tip

RESEARCH

Before you hand over any personal information, make sure you research the person and company asking for those details. If there is very little information available, you should proceed with caution until you can verify that the party requesting your personal information is not fictitious.

This year’s Fraud Awareness week is held in partnership with the Interagency Fraud Working Group (IFWG).

IFWG comprises 6 government agencies working together to prevent fraud and scams in New Zealand.

#tip

Recent statistics show that:  193,840 adults experienced some form of identity theft and misuse last year, with an average of $13,600 involved in each case.  8121+ incidents of cyber crime reported last year involving losses totalling $8million.  Small Businesses (NZ) reported 309 cases of cybercrime so far this year compared with 106 incidents in 2014.

RENEW

Make sure you renew passwords and log-in information regularly. We would recommend doing this every month or so to ensure that old passwords or log-in details cannot be used to access your personal information.

#tip

REPORT

If you suspect that a scam is operating, make sure you report it to “scam watch” a service provided by the Ministry of Business, Innovation and Employment, Consumer Protection.

Sources: stuff.co.nz and MBIE website

ANTI-CORRUPTION BILL PASSED INTO LAW On 5 November 2015 the Organised Crime and Anti-corruption Legislation Bill was passed into law. The law brings into force a number of measures to reduce corruption activities in New Zealand.

Some of the key measures, introduced by the new law, include:

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Amending the money laundering offence to specify that intent to conceal is not required.

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Introducing new offences to address identity crime, including selling or passing on identity information.

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Extending the people trafficking offence so that it applies to trafficking within New Zealand, not just when victims are moved in or out of this country.

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Amending the Policing Act 2008 to expressly provide Police with a power to share information with its international counterparts.

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Increasing penalties for bribery and corruption in the private sector to bring them into line with public sector bribery offences.

Sources: beehive.govt.nz

© CLSST, 2015 - (09) 274 4966

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Tenancy Tribunal Online

MINIMUM FAMILY TAX CREDIT On 1 April 2016 the minimum family tax credit (MFTC) will rise .

The MFTC currently sits at $443 per week, which will increase to $457 per week for the 2016-2017 tax year.

The MFTC provides a top-up to after tax income to guarantee low -income recipients a minimum level of income provided a couple is employed for at least 30 hours per week or 20 hours per week for a sole parent.

The MFTC is a transitional measure to help working families moving off a benefit into paid employment.

For more information, please see the beehive website

From 1 December 2015 the Tenancy Tribunal will only accept applications made online or with the latest version of the paper form.

To download the new forms please go the the Tenancy Tribunal website or call 0800 836262 to access the latest version of the paper form

Source: beehive.govt.nz

FAREWELL JOHNNY This month we say goodbye to our dear colleague Johnny Nu’u who will be starting a new role at AUT. Johnny has worked with CLSST since 2012 and was influential in establishing our radio and correctional facility (prison and probation) legal services., amongst other successes.

From your friends at CLSST we wish you all the best on your journey Johnny! Thank you for your service to CLSST and the communities we serve.

REDUCING REPEAT DRINK DRIVING OFFENDERS The Department of Corrections has launched a pilot programme with the aim of reducing the number of repeat drink-driving offenders. The new pilot programme is being funded by the Justice Sector which will cover the costs of alcohol interlock devices which immobilise a vehicle if alcohol is detected on the breath of the driver.

International evidence shows the use of alcohol ignition interlocks results in a reduction of 64-70 per cent recidivism for alcohol-impaired driving. This is in line with the Department of Corrections commitment to reduce reoffending in NZ by 25% by 2017.

Sources: beehive.govt.nz

Š CLSST, 2015 - (09) 274 4966

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Š CLSST, 2015 - (09) 274 4966

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LAW REFORM PIPELINE RESOURCE MANAGEMENT BILL

EDUCATION LEGISLATION BILL

On 26 November the Government introduced to Parliament its substantive Bill overhauling the Resource Management Act (RMA) to support business growth and housing development while also ensuring more effective environmental management.

On 26 November the Government introduced the Education Legislation Bill 2015 aimed at amending eight statutes to improve administrative and governance arrangements for educational entities and funding organisations across the education sector.

RETURNING OFFENDERS BILL

VEHICLE DIMENSION & MASS RULE

The Returning Offenders (Management and Information) Bill was introduced to Parliament to establish a regime for the identification and management of offenders returning to New Zealand after being sentenced to more than 1 year's imprisonment in an overseas jurisdiction. The Bill is expected to pass under urgency.

On 20 November a consultation document was released proposing amendments to the Vehicle Dimensions and Mass Rule 2002 to extend the axle mass limits of highcapacity urban buses. The proposed changes will allow buses to carry more passengers between New Zealand’s main centres and pave the way for hybrid diesel-electric buses.

To make a submission on the proposed changes go to www.nzta.govt.nz/VDAM-Amendment-2016

STUDENT LOAN INFORMATION SHARING

INCORPORATED SOCIETIES BILL

The Taxation (Residential Land Withholding

On 10 November the Incorporated Societies Bill was introduced to Parliament which will update the current law governing the operation of incorporated societies. The current law is over 100 years old. The Bill sets a framework for resolving disputes. Submission are being sought for the proposed amendment. Submissions close on 30 June 2016.

Tax, GST on Online Services, and Student Loans) Bill was introduced on 16 November which will allow information on student loan borrowers living in Australia to be shared between Inland Revenue and the Australian Taxation Office, ensuring defaulters pay their outstanding loan balances.

CHILDREN IN HARDSHIP BILL The Children in Hardship Bill has passed its second reading in Parliament. The Bill will allow for a rise in benefit rates for the first time in 43 years.

The Bill supports the Government’s Budget 2015 Child Hardship package which: increases part-time work obligations for sole parents, increases benefit and student allowance rates for those with children by $25 per week after tax, increases Working for Families payments to low-income families not on a benefit, and increases Childcare Assistance for low-income families.

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NGĀ TAKE MĀORI

Issues affecting Māori communities

WAITANGI TRIBUNAL CELEBRATES 40 YEARS Kua hipa te wha tekau tau mai I te whakatuutanga o te Ropu Whakamana I te Tiritii me te whakamanatanga o te ture Treaty of Waitangi Act 1975. I tenei marama ka tirohia e tatou te hitoria o te Ropu Whakamana I te Tiriti me nga hua o taua ropu.

The Waitangi Tribunal recently celebrated its 40th birthday which also coincides with the passing of the Treaty of Waitangi Bill, into law.

The Treaty of Waitangi Bill was introduced by Hon Matiu Rata in November 1974. When the Bill became law in 1975, it established the Waitangi Tribunal as a permanent commission of inquiry which had the power to make recommendations on claims relating to actions or omissions of the Crown that potentially breached promises released under the Treaty of Waitangi.

In its 40 year existence the Tribunal has made more than 133 reports and heard cases such as the “Wai 11” Te Reo Maori claim which lead to the Maori Language Act 1987. The effect of this law meant that Te Reo Maori was made an official language of Aotearoa, New Zealand.

For more information on the Waitangi Tribunal and the Treaty of Waitangi Act 1975, please go to the Waitangi Tribunal website.

WAITANGI TREATY GROUNDS REFORM The Waitangi National Trust Board Amendment Bill has passed its third and final reading.

The changes are aimed at effectively managing the governance of the Trust Board and working relationship with the Government.

The Waitangi Treaty Grounds are vested in the Trust Board to be held for the benefit of the nation.

The Governor-General, Prime Minister, Minister of Conservation and Minister of Maori Development will no longer hold ex-officio positions on the Trust Board. However two MPs, one appointed by the Prime Minister and one by the Leader of the opposition will become Board Members Source: Beehive.govt.nz © CLSST, 2015 - (09) 274 4966

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PASEFIKA ISSUES PATHWAY STUDENT VISA O le vaega faapitoa lenei o le Legal Lowdown e talanoina ai mataupu faaletulafono o loo aafia ai tagata Pasefika i le siosiomaga inei Niu Sila. O lenei masina o le a faatāuaina ai ni suiga tāua e faatatau i visa faapitoa (Student Visa) mo e o fia su’esu’e (study) pe fa’aauau su’esu’ega iinei i Niu Sila.

From 7 December 2015 Immigration New Zealand will be piloting a new Pathway Student Visa that will allow international students to undertake a pathway of up to three consecutive programmes of study with selected education providers.

The Visa will be valid for five years and will assure students that the validity of their visa will remain in force for the duration of the chose path of study.

The pilot will run for an initial period of 18 months and cover more than 500 primary, secondary and tertiary institutions.

The pilot will enable Immigration New Zealand to evaluate the outcomes of the pilot programme.

116,582

16% The number of international students studying on a student visa rose 16% in 2014-15

INZ decided 116,582 student visa applications in the year ending 30 November 2015

99,016

29,831

INZ approved 99,016 student visa applications in the year ending 30 November 2015

INZ approved 29,831 student visa applications by Chinese nationals. This is the highest figure per nation for the year ending 30 November 2015

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

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