Legal Lowdown Newsletter #30

ISSUE

30 December 2015 January 2016

COMMUNITY LEGAL SERVICES SOUTH TRUST

LEGAL LOWDOWN

A YEAR IN REVIEW

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2015 in review Page 3– 2015 Milestones

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COMMUNITY #ITOOAMAUCKLAND

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MĀORI LEGAL Specialist Services

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RUAPEKAPEKA NZ Land Wars

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2015: in review 

449

Clients serviced through our outreach clinics

   

Manurewa Marae Papakura (Citizens Advice Bureau) Pukekohe (Heartlands Service) Manukau (Salvation Army) Māori Land Clinic

9,600 Our newsletters were sent to subscribers 9,600+ times

137 800



55 We did 55 radio broadcasts via Radio531pi and PlanetFm radio.

Education sessions

2,196

People participated in our legal education sessions

approx. website views per week

Over 53% of our clients affiliate to a Pacific Island nation

our casework

35% 26% 23% 14% 2%

Civil Law Family Law Admin Law Criminal Law Māori Legal 2

milestones

2015

January We released online interactive youth resources to help youth better understand simple legal concepts such as “the right to exchange consumer goods” and “going flatting”.

March We supported key Māori and Pasifika events such as Te Matatini (Christchurch), Polyfest (Manukau) and Pasifika (Manukau).

April We continued our multi-lingual legal education sessions with Pacific Home Care. The Presentations were delivered in Samoan, Tongan, Punjabi/ Hindi, Cook Island Māori and English.

June We completed our Legal Lunchbox education series for the year. These sessions were open to all members of the public and were generally attended by CAB volunteers and community organisations.

September We teamed up with Auckland Community Law Centre and students from UNITEC to develop legal information animations around as a way of spreading awareness of the areas of law covered by the community law centres around NZ.

We also strengthened our connections to our Tainui kinship by supporting King Tuheitia’s coronation in Ngaruawāhia, Hamilton.

November We took a stand against domestic violence in NZ and “took the pledge” never to commit or condone domestic violence against women.

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WHAT DOES

2016

HAVE IN STORE our outreach clinics

MANUREWA MARAE OUTREACH

OTARA:

120 Bairds Road, Otara Monday – Friday

MANUKAU:

Manukau Salvation Army 16B Bakerfield Place, Manukau Monday - Friday

MANUREWA:

Manurewa Marae 81 Finlayson Avenue, Manurewa Wednesdays

PAPAKURA:

Papakura Citizens Advice Bureau 4a Opaheke Road, Papakura Thursdays

PUKEKOHE:

Heartlands Services 6A Roulston Street, Pukekohe Fortnightly on Tuesdays

PAPAKURA CITIZENS’ ADVICE BUREAU OUTREACH

CLSST MAIN OFFICE, OTARA 4

#ITOOAMAUCKLAND “I Too Am Auckland” is a student led movement who aim to address issues of racial discrimination at Auckland University. On Tuesday 19 January, our lawyer, Lisa Fox attended the launch of I Too Am Auckland’s “conversations” videos. The day just so happened to be Martin Luther King day in America.

The movement started because research was conducted on why Maori and Pacific student levels of academic achievement at Auckland University are low. The leading response by students was racism.

Some of the possible solutions offered by the students were an increase of people of colour in the faculty and administration of the University Targeted Admission Schemes being explained to all students when they begin University. The student population making a culture change so that racist or discriminatory comments are no longer tolerated. There were also three panels consisting of politicians, faculty members and community leaders, at one point we were all split up into groups to talk about what we thought of the videos.

There were debates, differing opinions on solutions and methods.

“I Too Am Auckland”

Through discussions with the student body it was decided that something needed to be done to address the issue of racism on campus. It was decided that Auckland University students would start an I Too Am Auckland group, modelled off the I Too Am Harvard campaign.

The evening consisted of three videos depicting two students in a conversation about campus, race and how it impacts on them.

One thing is for sure, the conversation has begun.

The courage and leadership shown by these students is truly inspiring.

For more information, please see the I Too Am Auckland, Facebook page: https://www.facebook.com/i2amAKLD/?fref=ts

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KAUPAPA MAORI Specialist Māori Legal Services

“kia mau ki te ture, te whakapono me te aroha” “hold fast to the law, hold fast to faith, hold fast to love” Māori King, Potatau Te Wherowhero

We have a dedicated Māori Legal Service which aims to provide a culturally responsive service to Maori legal issues.

Our Maori Legal Services include:

MARAE OUTREACH CLINIC

MARAE JUSTICE

We also hold a weekly outreach clinic at Manurewa Marae. This ensures that Māori who have legal issues can have those issues heard and resolved in a culturally safe environment.

Through our kaupapa Māori networks we take referrals from the Marae Justice Panel to assist with any legal issues.

MĀORI LAND CLINIC Our Māori land clinic is the only free legal advice clinic of its kind running in the wider Auckland area. This clinic is run with the assistance of our pro-bono lawyers Bennion Law and Te Mata Law.

MĀORI INFORMATION RESOURCES MĀORI GOVERNANCE We provide free governance advice and assistance to Māori not-forprofit organisations. This service has mainly been used by local Marae and cultural groups.

MĀORI LEGAL ISSUES?

MĀORI WARDENS Māori wardens play a major role in resolving disputes and keeping the peace amongst Māori communities.

We provide ongoing training to local Māori Warden offices about law changes that affect Māori Wardens and the work they do in our communities.

We will be developing more Te Reo Māori resources this year - watch this space! We will also be supporting major Māori events such as the Polyfest, Manu Korero & Kapa Haka.

MĀORI YOUTH SERVICES We are members of Ara Taiohi, a national Māori youth organization.

We also work closely with local Māori youth stakeholders to offer ongoing education to workers dealing with Māori youth.

Contact: Wi Pere Mita phone (09) 274 4966 ext 9 email wipere.mita@clsstlaw.com 6

CLSST 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

One of our on-air topics discussed basic Human Rights.

What basic rights are protected under the Human Rights Act? Grounds of Discrimination:

What are the mains laws that apply to human and civil rights in NZ? The main laws that apply to human and civil rights in NZ are the Human Rights Act 1993 (“HRA”) and the New Zealand Bill of Rights Act 1990 (“NZBORA”).

The NZBORA protects the following rights: Life & Security Rights Democratic & Civil Rights Non-discrimination & Minority Rights Search, Arrest & Detention Rights The HRA protects against the following: Discrimination and provides Sanctions for breach of rights

sex, martial status, religious belief, ethical belief, disability, age political opinion, employment status, family status and sexual orientation.

What happens if your rights are breached?

How can the HRC deal with a complaint?

Mediation An apology A promise not to discriminate in the future An agreement to an education programme Compensation What happens if you are not happy with a decision of the Human Commissioner?

The HRC can refer the matter to the Human Rights Tribunal which can: 

Complain the Human Rights Commissioner Ph: 0800 496 877, or

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Email: infoline@hrc.co.nz, or Human Rights Commission, PO 6751, Wellesley St, Auckland, New Zealand

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Award damages for any financial loss due to the discrimination humiliation, loss of dignity, and injury to feelings Make an order stopping the other party from continuing the conduct you’re complaining about Order the other party to do particular things to put right any loss or damage you’ve suffered.

If you have any legal topics you would like discussed on-air, please email us at: admin@clsstlaw.com 7

Student Placement Community Legal Services South Trust regularly takes law students, on placement, to help complete their law degrees.

The one week placements assist the students gain practical experience and apply the skills and knowledge they have learnt at law school, to “real life” cases.

This month we were fortunate to have Su Lin join us. She describes her placement experience, below.

I gained a lot of valuable experience during my community placement at CLSST. Having focused my university studies mostly on commercial law, I had little knowledge of the areas of the law covered at CLSST, such as family, employment law, housing and immigration.

I sat in on a few of Soane’s interviews with clients. As they were about family law matters and parenting orders, they contained emotional issues for clients that are not encountered in commercial law. I learned how sensitivity and empathy are important when dealing with such personal matters, whilst maintaining the client’s confidence. I have now gotten an idea of how to handle clients and the kinds of questions to ask them.

There are wider practical considerations when children are concerned.

In terms of family law, I also drafted the affidavits and consent form for an adoption order. I researched Family Court rules for proceedings and completed the forms for an interlocutory application to dispense with service to the respondent, for a

dissolution of marriage. Wi Pere showed me the basics of preparing and executing an Enduring Power of Attorney.

I attended a mini-seminar introducing me to Immigration Law, with Hardeep, Soane and Lisa. I heard about the processes to get visas and residency. It was really interesting to hear about one of Hardeep’s clients applying for residence and the kinds of issues raised in immigration matters, particularly in section 61 (Immigration Act 2009) requests.

Regarding criminal law, I also got to read the file of a client facing forgery charges and did some legal research for his defence. Another client was a potential victim of fraud in getting his tax return. We wrote a letter to the Inland Revenue Department setting out the client’s legal position.

It was also really good to learn about the administrative requirements for lawyers—things such as timekeeping, engagement letters, opening/ closing files, transferring hearings,

Keeping the client informed, ethical issues and swearing affidavits.

It was a great opportunity to spend the week at CLSST. I have learned a lot and been exposed to areas of law I have not studied. I have seen how valuable and important CLSST’s services are to the community.

PASEFIKA ISSUES E toe amata le faasalalauina o tatou mataupu faapitoa (faaletulafono) mo le Pasefika i le masina fou.

Our Pacific Issues section of our newsletter will be back next month. Keep posted for updates.

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RUAPEKAPEKA PA COMMEMORATIONS RUAPEKAPEKA On the 10th of January, the Northland tribes held the commemorations of the battle at Ruapekapeka that occurred in 1845.

The commemorations follow on from similar events marking battles at Rangiaowhia, Orakau, Pukehinahina, Te Tarata & Waerenga-a-Hika.

A cc or din g to lo c al h ist or y, Ruapekapeka was the site of the last battle of the Northern War, where about 400 NgÄ puhi and NgÄ ti Hine warriors stood against a combined British force of 1600.

Recently, there have been calls for the Government to provide a national day of remembrance, similar to ANZAC Day & Waitangi Day, for those who died in the New Zealand land wars. There has been much debate over whether this notion should be entertained.

Students from Otorohanga College also started a petition that was presented to Parliament in December 2015 with hundreds turning out in support of the occasion. Amongst those who attended were Whatumoana Paki, the eldest son of Kingi Tuheitia.

The petition gained almost 13,000 signatures with the support of over 400 Maori elders throughout the country.

For more information about the New Zealand land wars, commemorations and the Otorohanga College petition, please see the following link: http://www.otocoll.school.nz/ landwarspetition.html

2016: NEW STAFF LISA METO FOX Solicitor & Legal Educator Lisa graduated from the University of Auckland in 2012 with a BA and LLB. Since graduating Lisa has worked for a number of firms and in public service. Lisa has previously specialised in employment law but has also been exposed to general practise. Lisa has a commitment to the community and has been involved in a number of organisations including: Surf Life Saving, I Have A Dream, Youth Law and The Equal Justice Project..

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