Legal Lowdown Newsletter #36

ISSUE

36 September 2016

COMMUNITY LEGAL SERVICES SOUTH TRUST

LEGAL LOWDOWN

WOMEN’S SUFFRAGE THE RIGHT FOR WOMEN TO VOTE: 123 YEARS ON On 19 September 1893 New Zealand became the first selfgoverning country in the world to allow women to vote in elections. This movement was known as the suffrage movement which was led by Kate Sheppard.

With the assistance of the Women’s Christian Temperance Union and Women’s Franchise League the sufferage movement gained much support from Maori and Pakeha women.

In 1893 a petition gathered nearly 32,000 signatures in support of the right for women to vote . The petition was 270 metres in length.

The work of Kate Sheppard and the suffrage movement is immortalised in the New Zealand $10 note which bears Kate Sheppard's face. There are also several tributes to Kate Sheppard at Parliament in Wellington.

This petition then led to the passing of the Electoral Bill into law. 10 weeks after becoming law, women voted in their first election.

For more information about the suffrage movement in New Zealand, please see the New Zealand History website at : http://www.nzhistory.net.nz/politics/womens-suffrage

123 years on, this significant day is celebrated as “Suffrage Day”.

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ROAD RULES PETITION Jo Clendon’s Petition

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PLAIN PACKAGING Tobacco Laws

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MĀORI LEGAL Kaupapa Māori

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PASEFIKA LEGAL Extended Warranties

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Should children, elderly & vulnerable users be allowed to cycle on a footpath?

Should New Zealand Road Rules allow children, elderly and vulnerable users to cycle on a footpath?

The Petition of Joanne Clendon was presented to Parliament by the Hon Trevor Mallard in May 2016. The petition asks that:: “the House recommend a change to the New Zealand Road Rules to allow cycling on the footpath by children under 14 years of age (and accompanying adults), seniors over the age of 65, and vulnerable users (such as those with mental or physical disabilities); make bells mandatory for any bicycle used on footpaths or shared use paths; and allow local authorities to exclude, on a reasonable basis, certain areas of footpath from being used for cycling.”

Assistance: 54.5% Advice: 40.5% Representation: 5%

SERVICE USERS 11% 11% 18% 55% 5%

Asian European Māori Pacific Island Other

The Current Law Under the Land Transport (Road User) Rule 2004 a person must not ride a cycle or moped on a footpath, lawn, garden or other cultivation unless for the purpose of delivering newspapers, mail or printed material to letter boxes.

Submissions Submissions for this petition closed on 12 October 2016.

Keep an eye out for further submissions dates online via the New Zealand Parliament website at https:// www.parliament.nz/en/ document/00CLOOCMakingSubmission1

OUR CASEWORK August 2016

170 participants in our legal education sessions PRACITISE AREAS 39% Administrative 30.5% Civil 20% Family 2 10.5% Criminal

PLAIN PACKAGING One way tobacco companies promote their products is by using attractive packaging. Undoubtedly, a cool-looking pack of smokes helps make smoking look pretty cool. Combining stylish cigarette packs with movie images of a suave celebrities surely influences perceptions. Thoughts about lung cancer easily take a back seat.

But smoking causes cancer. Medical experts in many governments, and in the World Health Organisation (WHO), have accepted that statistical data shows it. On the basis of statistical data, 168 countries signed an international agreement to protect their citizens from the harmful effects of smoking.

It was called the WHO Framework Convention on Tobacco Control (FCTC) and was signed in 2003. One thing the FCTC provided was that each country would take steps to implement plain packaging laws.

As at 2016, a number of countries have introduced laws which require tobacco companies to use plain packaging for cigarettes. These laws prevent tobacco companies from using distinctive colours and logos on cigarette packets. Instead, the packaging must be of a plain colour, such as white, brown or black. Studies have been done on the most repulsive background colour. There might also be an ugly picture showing the effects of smoking, such as a rotten lung.

Australia introduced laws requiring plain packaging of tobacco in 2012. It was the first country in the world to do so.

Tobacco companies spent millions of dollars on campaigns against plain packaging in Australia. That didn’t work. One company, British American Tobacco, then challenged the Australian government in the highest court of Australia. But the tobacco company lost (British American Tobacco Australia Ltd v Commonwealth of Australia, 2011, High Court of Australia). The World Health Organisation commended Australia’s law on plain packaging as setting a new global standard.

The UK passed similar laws in May 2016. In New Zealand, we are almost there. In February of 2013, New Zealand’s government decided to introduce plain packaging. The Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill was introduced to Parliament in February of 2014. In September 2016, the Bill passed its third reading and is awaiting Royal Assent to become law.

Tobacco companies do not like it. British American Tobacco (New Zealand) Limited is the biggest tobacco company in New Zealand. It sells tobacco in New Zealand under a range of well-known brand names, including Benson & Hedges, Dunhill, Rothmans, Lucky Strike, Holiday, Pall Mall and Port Royal. Its sales account for approximately 72% of the New Zealand tobacco market. The failure of British American Tobacco to successfully sue the Australian government for breach of intellectual property rights was an important legal case. It is probable that New Zealand would enjoy similar success against a legal challenge brought by a big tobacco company against the New Zealand government.

In this law change, we can see a clash between claims to intellectual property rights of big companies (such as logo use and brand names in distinctive fonts) and the right of the community to pass laws to protect the health of its vulnerable members. Perhaps both smokers and non-smokers might reflect on the tensions arising in this debate. At any rate, this article has briefly traced the story behind the change in cigarette packaging which we will soon see in dairies and supermarkets across New Zealand. The change will take place as soon as the Plain Packaging Bill becomes NZ law.

Fore more information, see the New Zealand Parliament website: https://www.parliament.nz/en/pb/bills-and-laws/billsproposed-laws/document/00DBHOH_BILL12969_1/smoke-freeenvironments-tobacco-standardised-packaging

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MAORI LEGAL INTERESTS He Tohu Reo Māori

Kua whakarewaina e Air New Zealand tana tohu hou mō ngā kaimahi matatau ki te kōrero Māori.

Ko te Taura Whiri I Te Reo Māori te Kaitiaki o te tohu nei.

He mea tuku te tohu nei ki ngā kaimahi o Air New Zealand ka pahi I ngā whakamātautau “Whakamātauria tō reo Māori (Level Finder Examinations).

Ko Te Reo Māori tētahi o nga reo motuhake o Aotearoa. I whakamanatia Te Reo Māori hei reo motuhake I raro I te ture reo reo Māori ara te Māori Language Act 1987.

He taonga hoki te reo Māori e tiakina ana e te Tiriti o Waitangi.

Mo te roanga o ēnei kōrero, tirohia te whārangi ipurangi a Air New Zealand: https:// www.airnewzealand.co.nz/pressreleases-2016

KAUPAPA MĀORI PARTNERSHIPS Providing access to justice for Māori is a core function of CLSST services. In line with this function CLSST is proud to announce that it has signed a Memorandum of Understanding with Manukau Urban Māori Authority (“MUMA”). MUMA is responsible for a number of great services including Whānau Ora and the Marae Justice Panel.

MUMA and CLSST are now working collaboratively to provide greater opportunities for Māori to access justice. This will include: (a) (b) (c) (d)

the establishment of a legal advice clinic to assist Māori service users; the promotion of Māori legal services via Radio Waatea; Ongoing support for the Marae Justice Panels; and Preventative services within schools.

We are excited to be working alongside MUMA and will be on the look out for other ways in which we can increase our reach to our Māori communities.

For more information about our full range of Māori Legal Services, please contact our office on (09) 274 4966.

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PASEFIKA ISSUES Ni sa bula vinaka, Kia orana, Talofa lava, Malo e lelei, Fakalofa lahi atu, Taloha ni, and warm Pacific greetings.

Is an extended warranty worth the paper it’s written on?

The recent prosecution by the Commerce Commission of New Zealand Vacuum Cleaner Company Ltd (trading as Godfreys), is a timely reminder not to get pressured into buying extended warranties.

Godfreys pleaded guilty to 10 charges brought by the Commission. This was the first prosecution under the new provisions of the Fair Trading Act that relates to the selling of extended warranties.

The charges relates to over 3,000 extended warranty agreements Godfreys sold to customers between 17 June 2014 and 22 September 2015.

The Commission says five of the charges related to Godfreys' failure to comply with the written disclosure requirements for extended warranty agreements.

The other five charges related to Godfreys' failure to verbally advise consumers about their cancellation rights before they entered into the extended warranty agreement.

An extended warranty is really like insurance that you buy from a shop to give you extra protection. But many of the extended warranties offer you no more protection than what you are entitled to under consumer law. So when it comes to extended warranty, always ask do I really need it?

The Consumer Guarantees Act (CGA).

Under the CGA, manufactures and retailers must guarantee that the products they sell are of an acceptable quality and fit for their purpose. Most appliances, certainly the big ticket ones can be expected to perform well for many years, not just for the period covered by the warranty.

This means that if the goods you bought, fails when it’s still reasonably new, you can have it repaired or, if that isn’t possible, replaced under the CGA. Even if the warranty has expired, you may still be covered under the CGA. So there’s no real value in having an extended warranty.

It’s important to remember that nothing in the warranty contract can reduce your rights under the Consumer Guarantees Act, if it does you can challenge it.

Your rights: When a retailer offers you an extended warranty, they must give you information about your existing legal rights under the CGA. But if you do decide to buy a warranty, you have a “cooling-off” period of 5 working days to cancel and get a refund if you change your mind.

The person or company providing the extended warranty must make sure that the agreement is in writing, clear, able to be read and in plain language.

The front page of the warranty agreement must include: 

A summary of your rights and remedies under the CGA.  A comparison of these rights with the extra protections offered by the warranty.  A summary of your right to cancel the agreement.  The warrantor’s name, street address, phone number, and email.

All the terms and conditions of the warranty must be included in the agreement, including the duration of the warranty, and whether it expires when a claim is made.

But before the agreement is entered into, they must tell you verbally about your right to cancel the warranty. They must also tell you how you can cancel. This requirement however, only applies if it is reasonably practicable to do this – for example, if you buy the warranty when you are in the store buying the goods or service.

To cancel you don’t have to follow a particular form or a particular set of words. You can do it any way that shows you intend to cancel. We recommend that this be in writing.

For more information see the Consumer Protection website: https://www.consumerprotection.govt.nz/get-guidance/ shopping-and-buying/warranties/

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QUICK TIPS

Extended Warranties

Usually, you don’t need an extended warranty because the Consumer Guarantees Act 1993 automatically provides protection when you buy goods or services from a retailer.

If you do buy an extended warranty, make sure you read the terms and conditions carefully.

Make sure you know who is backing the scheme and how financially sound they are.

Always keep proof of purchase to ensure the extended warranty is honoured.You may also need this to claim entitlements under the Consumer Guarantees Act 1993.

Always check if an extended warranty gives you any extra protection, if not, do not buy it.

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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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