Legal Lowdown Newsletter#35

ISSUE

35 July/August 2016

COMMUNITY LEGAL SERVICES SOUTH TRUST

LEGAL LOWDOWN

TRADING: Easter Sunday Under the new law change, employees are entitled to refuse to work on Easter Sunday without expectation of any repercussions or consequences for such refusal. An employee who refuses to work is not required to give reasons for such refusal. Moreover, any employment agreement that requires an employee to work or be available for work on Easter Sunday, is unenforceable. If any employee intends to refuse to work on Easter Sunday, the employee must provide his/her employer, in writing, of such intention.

In August 2016 the Shop Trading Hours Act 1990 was amended to enable territorial authorities (such as City and District Councils) to decide whether retailers in their districts can open on Easter Sunday.

Although territorial authorities have the power to create policies that can permit shop trading on Easter Sunday, the policies cannot: (a) permit shops to open only for some purposes (b) permit only some types of shops in the area to open (c) specify times at which shops may or may not open (d) include any other conditions as to the circumstances in which shops in the area may open

Despite the above, if an employee is made to work on Easter Sunday against his or her wishes then the employee is able to raise a personal grievance against his or her employer.

More information about the changes to the Shop Trading Hours Act 1990 can be found via the Ministry of Business, Innovation and Employment website: http://www.mbie.govt.nz/ info-services/employment-skills/legislation-reviews/easter-sundayshop-trading

Also, where territorial authorities have decided to adopt a policy, as outlined, above, such policy must include a map and/or clear description of the area affected by the policy so that the area can be easily identified in practice.

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VULNERABLE CHILDREN Oranga Tamariki

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MÄ€ORI LEGAL INTERESTS

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PASEFIKA ISSUES Uninvited Sales

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LAW REFORM Have your say!

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MINISTRY FOR VULNERABLE CHILDREN, ORANGA TAMARIKI Social Development Minister, Anne Tolley, has announced that a new department called Ministry for Vulnerable Children, Oranga Tamariki will replace Child, Youth and Family. It will be responsible for the care and protection of vulnerable children and young people, youth justice services and adoption services and will become operational from 1 April 2017. A major review of Child, Youth and Family found that the system was fragmented and broken. According to Tolley, under the current regime too many children who were involved with CYFS ended up on the benefit, in prison or with very few qualifications.

The creation of the new Ministry will aim to ensure that government agencies work together and provide services to children, young people and their families in a coherent and complete manner because accountability will lie with the stand-alone Ministry.

The new Ministry aims to provide help to those who need it the most. It will make sure help is available earlier on in a child's life and that support follows them through their development. The Ministry for Vulnerable Children will focus on five core services – prevention, intensive intervention, care support services, transition support and a youth justice service.

The current Children’s Action Plan Directorate and Children’s Teams, family and sexual violence services relating to child victims or perpetrators, and Community Investment functions relating to funding and contracting services for vulnerable children will become part of the new Ministry. Despite these major changes, from 1 April 2017, the Ministry of Social Development will continue to have responsibility for services that focus on supporting adult members of a family. This includes the assessment and payment of welfare benefits and entitlements, employment support and training, social housing assessments, case management, and purchasing places for emergency and social housing.

The transfer of a range of functions to the new Ministry will significantly impact the Ministry of Social Development. Nonetheless, both departments will operate in a closely aligned manner in the future and will continue to work together to ensure superior outcomes for children, and the wider family and whanau.

For more information, see the Ministry of Social Development website: https://www.msd.govt.nz/about-msd-and-our-work/work -programmes/investing-in-children/new-childrens-agency-established.html

NEW STAFF

EFI EFARAIMO Solicitor & Legal Educator We are pleased to announce that Efi Efaraimo has joined our team as a Solicitor & Legal Educator.

Efi graduated from the University of Auckland with BA and LLB degrees. Since graduating, Efi has mainly worked in the public sector focusing on consumer law. Efi has also practiced in the area of criminal law. Efi is heavily involved in his community as an elder and treasurer for his Church. Efi also speaks fluent Samoan.

Efi comes to us as we farewell our colleague, Lisa Meto Fox. We wish Lisa all the best on her new journey.

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MAORI LEGAL INTERESTS Maori Land Service

National Commemoration Day: New Zealand Land Wars

The Government has announced that a national day of commemoration of the New Zealand Land Wars will be set, hopefully before the end of 2017.

Iwi leaders welcome the decision and look forward to ongoing discussions about a date that suites everyone.

A series of wānanga (consultation hui) are being held throughout the country regarding a proposed Māori Land Service which looks to replace many of the functions of the current Māori Land Court.

The purpose of the wānanga is to ensure that public feedback helps inform what the new service looks like, how it operates and how the service should be delivered.

The Te Ture Whenua Māori Bill outlines what the proposed new service might deliver with a view to aligning the service to the Bills main principles:

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Māori land endures as a taonga tuku iho by virtue of whakapapa Tikanga Māori is central to matters involving Māori land

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Disputes involving Māori land should be managed in a manner that maintains and enhances relationships between the owners, and members of whānau and hapū.

Te Tiriti o Waitangi is central to the application of laws affecting Māori land Māori land owners have the right to decide how their land is used Māori land owners have the right to take advantage of opportunities to develop their land for the benefit of present and future generations of owners, their whānau, and their hapū

The Auckland wānanga are scheduled, as follows:  24 September 2016, 10am-2pm: Hoani Waititi Marae  24 September 2016, 4pm-8pm: Te Mānukanuka o Hoturoa Marae For more information, contact Te Puni Kokiri at tpk.tamaki-makaurau@tpk.govt.nz

International Day of the World’s Indigenous People 2016

International Day of the World’s Indigenous People was observed on 9 August 2016. The theme was ‘Indigenous People’s Right to Education’ which is protected under the United Nations Declaration of the Rights of Indigenous Peoples. 3

PASEFIKA ISSUES Ni sa bula vinaka, Kia orana, Talofa lava, Malo e lelei, Fakalofa lahi atu, Taloha ni, and warm Pacific greetings. In this month’s Pacific Issues we will be talking about uninvited sales and provide you with some useful quick tips to help avoid pitfalls.

Consumer Matters: Uninvited Sales.

A survey conducted by Consumer NZ in 2014 found that 70 percent of its members dislike door-to-door salespeople.

More than 60 per cent called these traders “annoying” and “intrusive”. Both Consumer NZ and the Commerce Commission receive a significant number of complaints about hard-sell tactics being used to force the sale of overpriced goods to elderly or vulnerable consumers. Some of these overpriced goods include expensive $3000 vacuum cleaners that clean no better than vacuums you can buy for $100.

We too have had our fair share of dealings with these door to door sales. Approximately 50 percent of the consumer inquiries we receive relates to door-to-door sales.

So, what are your rights when those “annoying” door to door salespeople turn up at your door steps?

Fair Trading Act (FTA) Door to door sales are now called uninvited sales and it is covered under the FTA. Under the FTA, if a seller comes to your home or workplace, or calls uninvited, and negotiates to sell goods or services for over $100 (or for an uncertain price), this is deemed an ‘uninvited direct sale’. Such sales are only enforceable if certain requirements are met which include the following:  The sale agreement must be legibly written and easily understood.  The front page of the agreement must include a clear description of the goods being supplied, a summary of the consumer’s right to cancel, the supplier’s name and contact details, and the consumer’s name and street address.  The agreement must also be dated and include the total price to be paid.

It will still be an “uninvited” direct sale even if:  you had given your name or contact details to the seller for some other reason, eg competition or a survey and later they came to your home or workplace or phoned you to try to sell you something else.  the sale happens when you ring them back after they tried unsuccessfully to contact you.  you had bought something from the seller after inviting them to phone you or to come to your home or workplace.

Your rights to cancel: Before the agreement is entered into, the seller must also tell you verbally about your right to cancel the agreement, and about how you go about cancelling.

If you then agree to buy a product from a door-to-door trader, you have 5 working days to cancel after you receive a copy of the sales agreement. The seller must inform you of your cancellation rights. You can cancel during this time for any reason and the seller must refund any money you’ve paid.

To cancel, you don’t have to follow a particular process or use a particular form or set of words. You can do it in any way, whether in writing or by telling the seller verbally, that shows you intend to cancel or withdraw from the agreement.

If a seller breaches these requirements the Commerce Commission, who enforces the FTA, can issue them with an infringement notice requiring them to pay an infringement fee (a fine), as an alternative to bringing criminal charges.

You must however, take reasonable care of the products for 10 working days after you give notice that you want to cancel otherwise you may have to pay compensation for loss or damage but not if this resulted from other means, outside your control.

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LAW REFORM PIPELINE Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill This Bill was introduced in November 2015 but had its first reading on 10 August 2016. The Bill would give the Department of Corrections the power to issue warnings to persons who have not complied with community-based sentences with the consequence of withholding benefit payments. This Bill is currently before the Social Services Committee and public submissions are now being accepted. Submissions close on 28 September 2016. You can make a submission here.

New Zealand Intelligence and Security Bill This Bill was introduced in August 2016 and is now before the Foreign Affairs, Defence and Trade Committee. The Bill replaces the four Acts that currently apply to the GCSB, the NZSIS, and their oversight bodies. The Bill seeks to enhance legislation that governs food safety to better protect human health. Public submissions are now being accepted. Submissions close on 7 October 2016. You can make a submissions here.

Food Safety Law Reform Bill This Bill was introduced in June 2016 and is now before the Primary Production Committee. The Bill seeks to enhance legislation that governs food safety to better protect human health. Public submissions are now being accepted. Submissions close on 22 September 2016. You can make a submissions here.

You can follow the progress of legislation via the New Zealand Parliament Website. For more information, click here Š CLSST, 2015 - (09) 274 4966

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www.clsstlaw.com - admin@clsstlaw.com

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Otara CLSST Office 120 Bairds Road Otara Appointments available: Monday – Friday

Manukau Salvation Army 16B Bakerfield Place Manukau Appointments available: Monday-Friday

Papakura Papakura Citizens Advice Bureau 4a Opaheke Road Papakura Appointments available: Thursday

Pukekohe Heartland Services 6A Roulston Street Pukekohe Appointments available: Fortnightly on Tuesday

Maori Land Clinic Manurewa Marae 81 Finlayson Ave Manurewa Manurewa Manurewa Marae 81 Finlayson Ave Manurewa

Appointments available: First Wednesday of every month

Appointments available: Wednesday

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