Legal Lowdown Newsletter #31

ISSUE

COMMUNITY LEGAL SERVICES SOUTH TRUST

31 February 2016

LEGAL LOWDOWN

MANUKAU HARBOUR: Cultural Offerings Anyone with issues or concerns around making cultural or religious offerings at the Manukau Harbour is encouraged to contact the council on 09 301 0101.

CULTURAL & RELIGIOUS OFFERINGS Auckland Council are urging people wishing to make cultural or religious offerings to the Manukau Harbour to be mindful and speak with Council in the first instance.

It is hoped that the guidelines will provide useful information on conducting offering ceremonies to preserve the beauty of the local landscape.

Although the offerings may be small or perishable, some items can wash up on the beach and inadvertently be in breach of the Council’s litter bylaw.

Tune-in to our legal information radio sessions: Planet FM: Kiribati Voice, from 1:00pm

Auckland Council has announced that it is working with Te Waka Angamua, its Māori liaison unit, to develop draft guidelines on cultural offerings. Work is also being done with members of the Indian community to work through this.

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LIFE & THE LAW Educating Prisoners

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DRONES Privacy & Security

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

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MĀORI LEGAL INTERESTS

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INORGANICS New rules and regulations

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Rising from the mist KOHUORA

14,946 The number of criminal offenders in the year ending October 2015* Kohuora Auckland South Corrections Facility: Life and the Law programme In July 2015 we commenced delivery of our pilot “Life and the Law” legal education programme to the prisoners at Kohuora Auckland South Corrections Facility. Life and the Law is a weekly, on-site class for prisoners who want to learn about their legal rights and responsibilities.

The programme is aimed at providing practical legal education that would be useful to prisoners upon release.

Some of the education content is also useful to families of prisoners who may be dealing with legal or social justice issues.

We have encouraged all prisoners interested in learning more about the law, to enroll in this 12 week course.

So far our programme has covered the following legal topics: · New Zealand Legal Systems · Employment Law · Consumer Law · Debt matters · Traffic Law · Care of Children matters · Tenancy Law

In determining our programme content we give consideration to the overall objectives of the programme, as follows: ·

For prisoners to understand the consequences of breaking the law;

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For prisoners to understand the correct processes and procedures to resolve disputes;

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For prisoners to understand their legal rights and responsibilities;

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To reduce re-offending after being released;

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To use the knowledge gained to assist family and friends;

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To increase prisoner knowledge of the law, in general;

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To increase literacy and numeracy levels of prisoners.

“This is a great initiative by Community Legal Services South Trust,” Kohuora Director Mike Inglis said. “The course is an opportunity for prisoners to fully understand their rights and obligations under the law, which is complementary to a range of programmes, such as Te Reo and Pasifika studies, which contribute to changing prisoners’ attitudes and reducing reoffending. Many of the topics in the legal course deal with practical issues, such as tenancy law and caring for children, which will benefit the men on their release from prison.”

To help us achieve the programme objectives, we also provide course workbooks where prisoners are encouraged to apply their newly gained knowledge of the law to hypothetical cases.

We also, with the help of Kohuora staff, are able to load information and resources on an internal electronic learning platform, Moodle. Moodle allows prisoners to obtain programme materials and resources. Prisoners can access this technology through a basic computer in their cells so they can continue to work on the course, even when they are locked in their cells.

The secure system does not provide access to the internet, email or recreational computer programs.

We have received positive feedback from prisoners about the programme and have implemented some programme changes as a result, including widening the scope of areas of law that we teach and providing extra readings, such as cases, for those interested in conducting further research.

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PRIDE FESTIVAL 2016

The pride festival is an annual event which is in its fourth year. This year’s festival is running from 5 – 21 February. The festival celebrates Auckland’s Rainbow Community with a range of events from literature, film, theatre, dance, cabaret, comedy, sport, youth, debate, visual arts and music.

“G.G Talk That Talk turns a Pacific lens on to modern masculinity by seeking to re-interpret queer indigeneity and questioning the dominate narratives about identity.” My impression of the exhibition was that there is a mix of traditional pacific culture with contemporary Pacific queer culture in New Zealand.

In the Otara town centre we have Fresh Gallery who exhibit contemporary Pacific Art. When you enter you are always welcomed by one of the friendly staff and given a brochure which explains the art. There are usually children in there or people having meetings. The space is a lot more interactive and welcoming then the ‘traditional gallery’ which I can find a bit intimidating for someone who does not know much about art.

As part of the exhibition there will be a panel discussion by the artists to discuss their work. And there will be performance art on Saturday 12 March at 6pm.

This latest exhibition is part of the Pride Festival.

Fresh Gallery and FAFSWAG Pacific Arts Collective present ‘GG Talk That Talk’, GG stands for ‘Gay Guy’. There are 6 emerging Pacific artists exhibiting, Mahia Jermaine Dean, Sione Monu, Sam Ioane Samau, Jonathan Selu, Darren Taniue and Pati Solomona Tyrell. The forms of art range from photos, to moving images, to clothing designs, to live performances. The exhibition is running from 12 February – 19 March 2016.

Fresh Gallery is located at Shop 5/46 Fairmall, Otara Town Centre.

Congratulations to our lawyer John Milo and his wife, Brenda on the arrival of their baby boy, Michael Uilisone Ioane Milo born on 20 January 2016.

The team at CLSST wish you all the best.

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DRONES PRIVACY & SECURITY

Drones have become increasingly popular in recent times. This has raised concern amongst the public about privacy and security surrounding the use of drones.

Drones are considered to be Remotely Piloted Aircraft Systems (RPAS) which are governed by New Zealand Civil Aviation Rules.

The New Zealand Civil Aviation Authority notes the 12 key things any RPAS owner must do: 1.

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not operate an aircraft that is 25 kg or larger and always ensure that it is safe to operate at all times take all practicable steps to minimize hazards to persons, property and other aircrafts

3. fly only in daylight

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4. give way to all crewed aircraft

5. be able to see the aircraft with your own eyes to ensure separation from other aircraft 6.

not fly your aircraft higher than 120 metres (400 feet) above ground level (unless certain conditions are met)

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have knowledge of airspace restrictions that apply in the area you want to operate

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not fly closer than four kilometres from any aerodrome (unless certain conditions are met)

when flying in controlled airspace, obtain an air traffic control clearance issued by Airways

10. not fly in special use airspace without the permission of the administering authority of the area (eg, military operating areas or restricted areas) 11. have consent from anyone you want to fly above 12. have the consent of the property owner or person in charge of the area you are wanting to fly above.

Ngā Kaiāwhina Hapori Māori o Te Ture NKHMT Ngā Kaiāwhina Hapori Māori o Te Ture (NKHMT) is the name given to the Māori Caucus of the Community Law movement. This month the Auckland based members of NKHMT met to discuss ways to address Māori legal issues in our service area. It was also an opportunity for us to meet new members of NKHMT.

Pictured: Aroha Walker-Herewini, Tom Harris (Waitematā Community Law Centre), Ida Tupaea (Māngere Community Law Centre), Paula Bold-Wilson (WaiLaw) & Wi Pere Mita (CLSST)

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MAORI LEGAL INTERESTS FOOD ACT 2014: Marae Food

ALL FEMALE MĀORI BENCH

TE REO MĀORI IN COURTS

The Food Act 2014 comes into force on 1 March 2016. The new changes introduce new food safety measures for low and high risk activities.

This month the Māori legal profession celebrated a significant milestone in legal history, being the first ever sitting of a full bench of Māori women at the Māori Appellate Court.

New resources are being introduced by the Ministry of Justice to assist with the use of Te Reo Māori in court.

The Ministry of Primary Industries confirm that: “Food prepared and served on marae for customary activities such as tangi is outside the scope of the Food Act 2014, and will not be regulated because the food isn’t sold or traded”

The bench was made up of their Honours Judge Caren Fox, Judge Stephanie Milroy and Judge Sarah Reeves.

There have been other prominent Māori female trailblazers in legal history.

However, Marae that are fundraising for charitable or cultural purposes may need to operate under a food control plan or under a national programme if trading (fundraising) takes place more than 20 times per year.

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Also, if food businesses or other trading is occurring from a Marae, this may need to be regulated.

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To find out where your marae activities may fit in, see the Ministry for Primary Industries website

Georgina Te Heuheu became the first Māori female to graduate with a Bachelor of Laws from a tertiary institution and the first Māori woman admitted to the bar in 1972.

The late Dr Nin Tomas was the first Māori to obtain a PhD in law.

Since the adoption of Te Reo Māori phrases to open and close the District Court sittings the Family Court, Māori Land Court, Youth Court and Matariki Court have followed suit.

This approach has now been adopted

by Justice of Peace and Community Magistrate Court sittings.

Te Reo Māori training is provided to Court staff to assist with learning and pronouncing Māori words. This work is facilitated by a dedicated site champion.

There are also audio files and flips cards with English translations available to Court staff in learning the Māori words and phrases.

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INORGANIC COLLECTIONS INORGANIC COLLECTIONS

ACCEPTED INORGANIC MATERIAL

Inorganics is a great way of getting rid of household items that are no longer needed or wanted, around the home. It is a process where local council collects any unwanted household goods and either recycles/ reuses them or disposes of them.

Auckland Council will collect the following inorganic material

From February 2016 the Auckland Council inorganics collections will change. There is now one consistent pick-up process for all of Auckland.

THE NEW PROCESS You must now book a time for inorganics collection form your property. You can do this by online via the Auckland Council website. You must book at least 12 days before your collection week begins. You can find out when collections will take place in your area via the booking process.

Once you have confirmed a collection date you will receive a flyer in the post about how you need to prepare your inorganics for collections.

THINGS YOU NEED TO KNOW  

Auckland Council will now only accept up to 1 cubic metre of inorganic material; Inorganic material must be placed within your property NOT ON THE BERM OR KERB;

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Inorganic material must be clearly identifiable;

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Auckland Council will not collect items behind locked gates or where dogs are restrained.

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Large appliances - fridges, freezers, washing machines and ovens

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Small appliances - kettles, irons and vacuum cleaners

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Furniture - beds, chairs, kitchen items and ornaments

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Sporting items - gym equipment, bicycles and toys

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Outdoors items - lawnmowers, barbecues, garden tools and outdoor furniture

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Electronics - TVs, computers, phones and DVD players

Renovation equipment - tools, fixtures and fittings, baths and sinks

NOT ACCEPTED INORGANIC MATERIAL Auckland Council will not collect the following inorganic material:

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Bags of rubbish

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Automotive items - tyres and car parts

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Liquids - oil, petrol, paint and chemicals

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Asbestos - Fibrolite, floor coverings, lagging and ceiling coating

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Gas cylinders - CNG or LPG containers

Recyclable packaging Garden waste - grass clippings, and tree and hedge trimmings Building and trade waste - plaster board, rubble, concrete and bricks Hazardous waste - broken glass, poisons, batteries and medical waste

For more information or to book a collection date see the Auckland Council Website: www.aucklandcouncil.govt.nz/en/environmentwaste/ rubbishrecycling/pages/inorganiccollections.aspx

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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 had Patrick Fitzgibbon join us. He describes his experience, below.

I worked for one week at CLSST in Otara. The centre provides a valuable service, offering free legal advice, assistance and representation to the community.

During my placement I gained insight into how the law operates at a “grass roots” level, and how the general public interact with the law. I was initially surprised at the variety and the complexity of the legal issues faced by clients. Each case I was involved in was treated with the same amount of respect and diligence by the lawyers, with the best interests of the client always being paramount.

While I was at the centre I was given a wide range of work, ranging from researching and drafting documents to sitting in on client interviews. It was highly rewarding being treated as part of the team and having my legal opinions valued.

After this placement I can see that community law centres provide an essential service in the community. They embody the principle of equal access to justice and without them many people would be denied their legal rights.

Overall my week at CLSST has been the most valuable legal experience of my degree, and one I would recommend to other law students.

Days observed this month: 

Waitangi Day (6 February 2016)

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Safer Internet Day (9 February 2016)

CHILD SUPPORT Last year Inland Revenue made changes to child support to reflect family life today. This year they’re making more changes that may affect you.

The 1 April 2016 changes are listed below: 

The age children can be included in child support has reduced from 19 to 18 years old, unless the child is enrolled at and attending school in New Zealand or abroad.

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Inland Revenue may be able to write-off some or all of your penalty debt.

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The penalty rate is changing to: 

2% on the day after the due date; and

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A further 8% eight days after the due date.

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A 2% increment penalty will be charged on the balance every month that the amount remains unpaid. If the debt hasn't been repaid after a year; the rate of monthly incremental penalties will reduce to 1%

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If you believe your child support is unfair, and doesn't take into account your circumstances , and meets one of Inland Revenue’s criteria then you can ask for an administrative review. There are already 10 grounds that you can use to apply for an administrative review.

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From 1 April 2016 there will be two new administrative review grounds to cover situations where: 

You’ve earned extra income after separating and its being used for reestablishment (set up) costs;

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You want some of what you have to pay to the other parent offset (or reduced), by some of what you were entitled to receive from them

Inland Revenue may be able to write-off some or all of your penalty debt. If you’re in debt, please give them a call on 0800 221 221.

If you want to find out more, see www.ird.govt.nz/ childsupport-changes or view Inland Revenues' videos about the changes at www.ird.govt.nz/cs-videos

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