Legal Lowdown Newsletter #38

ISSUE

COMMUNITY LEGAL SERVICES SOUTH TRUST

38

LEGAL LOWDOWN

Nov/Dec 2016

TRUST LAW REFORMS TRUSTEE ACT 1956: Does is need a revamp?

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The Minister of Justice, Amy Adams has announced that the Government is looking to update the laws that govern trusts, in New Zealand. The announcement came as a result of a Law Commission review of the current trust laws.

clear mandatory and default trustee duties so people know what their obligations are if they’re involved in managing a trust

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requirements for trustees to manage and provide information to beneficiaries

It is estimated that there are between 300,000 - 500,000 trusts operating in New Zealand.

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flexible trustee powers and updated rules

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clear rules for when people make changes to a trust or wind them up

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more options for removing and appointing trustees without having to go to court while also preserving people’s ability to ask the courts to intervene to resolve disputes.

Many of the proposed reforms are based on recommendations made by the Law Commission following its review in 2013.

Some of the proposed changes include; 

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Submissions are currently open for this Bill. If you would like to make a submission, please see the Ministry of Justice website: https://consultations.justice.govt.nz/policy/trusts-bill-exposuredraft/

making it easier for people to understand how to appropriately use trusts to manage their affairs

CYBER HARM New Cyber Laws

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INSURANCE Disaster & Insurance

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MĀORI LEGAL Kaupapa Māori

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TE MANA AKONGA Governance Training

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Season’s Greetings ...From the team at Community Legal Services South Trust we would like to wish you all a very merry and prosperous festive season.

Our office will be closed from Thursday 22 December 2016 and will reopen on 5 January 2017 Keep safe. We will see you all in the new year.

Nga mihi mahana Manuia le Kerisimasi ma le Tausaga Fou

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Confronting Online Harm Together Netsafe Conference 10-11 November 2016 Harmful Digital Communications Act 2015 On 10-11 November 2016, Netsafe hosted a conference that focused on confronting online harm in light of the Harmful Digital Communications Act 2016 (“the Act”). CLSST were invited to join a panel to speak at the conference to discuss alternative dispute resolution and restorative justice options to deal with offences under the Act. The panel consisted of our lawyer, Wi Pere Mita, Irirangi Mako from Manukau Urban Māori Authority, and Emma Wicks & Haley Farrar from the Diana Urwin Chair in Restorative Justice.

The CLSST presentation was based around the principles of Māori dispute resolution and restorative justice which include; mana (authority), tapu (sacredness), mauri (life force) and manaaki (kindness). The presentation also described ways in which all organisations can incorporated Māori practices into general dispute resolution and/or restorative justice processes including: (a) using marae as a forum for settling disputes; and (b) Using te reo Māori as a medium of discussion (c) Incorporating tikanga practices such as: (i) karakia (prayer or incantation) (ii) mihi/whakatau/pōwhiri (formal welcome) (iii) utu (reciprocity) (iv) tohunga/rangatira (physical and spiritual leaders) Irirangi complimented this presentation by looking at some of the existing Māori dispute resolution and restorative justice programmes such as the Marae Justice Panels and whānau ora.

Other conference speakers included, Trade Me, Spark, the Ministry of Justice, Vodafone and our friends at Auckland Disability Law. Each speaker presented on ways to counter harmful digital communications.

CLSST looks forward to continuing its relationship with Netsafe.

For more information about Netsafe, visit its website at www.netsafe.org.nz 3

DISASTER & INSURANCE Are you covered when disaster strikes?

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You automatically have EQ Cover for your home and land if you have a current private insurance policy for your home that includes fire insurance (and most do).

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You automatically have EQ Cover for your contents if you have a current private insurance policy for your contents that includes fire insurance (and most do).

The 2016 Kaikoura earthquake was a magnitude 7.8 earthquake in the South Island that occurred two minutes after midnight on the 14 November 2016.

This earthquake was the largest recorded in New Zealand since the 2009 Dusky Sound earthquake.

But given its location, it was more widely felt and more damaging. This earthquake unsettled many, many people and that is perfectly normally; earthquakes can be unsettling events. Many of the people affected maybe wondering whether or not their insurance policy covers them when such disaster strikes.

The Insurance Council has issued advice for people impacted by the Kaikoura earthquake, but the advice is applicable to anyone impacted by an earthquake. It says they should contact both their own insurance company and the Earthquake commission (EQC).

People who have suffered damage to their home, land or contents from earthquakes have three months to lodge their claim with the EQC. EQC chief executive Ian Simpson says that people have plenty of time to make a claim, after taking care of themselves, their families and friends.

EQC’s insurance is called EQ Cover and it provides natural disaster insurance for residential homes, land and contents.

EQ Cover insures you against loss or damage from an earthquake, a natural landslip, a volcanic eruption, hydrothermal activity and a tsunami. It insures your residential land (within limits) against storm and flood damage. It also insures you for fire resulting from any of these natural disasters. If your home isn’t damaged from one of these disasters but damage is imminent as a direct result of one of them, EQ cover may also apply.

When lodging a claim within the next three months, you can do it online www.eqc.govt.nz/claims, or via email on info@eqc.govt.nz. Alternatively, you can also lodge a claim by calling 0800 Damage (326 243).

It is completely normal for you and your family to be emotional and physically drained by the earthquakes. You are not alone in feeling this way. If you need advice, support and information call the Government Helpline 0800 779 997.

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MAORI LEGAL INTERESTS TE HUNGA ROIA MAORI O AOTEAROA 2016 Te Hunga Roia Māori o Aotearoa Hui-ā-Tau is the National Māori Law Society Annual Conference.

This year the conference was Hosted by Ngāi Tahu at the Millenium Hotel in Queenstown.

The theme of the hui was “He aha te kai a te Rangatira? He kōrero, he kōrero, he kōrero” – what is the food of chiefs, it is oratory.

The conference covered many topical issues that affect Māori such as; Māori governance structures, Māori land, Treaty of Waitangi Settlements, Resource Management rights and much more.

There were also helpful practical workshops including cross-examination techniques and a mediation workshop.

Some of the distinguished conference speakers included Judge Denise Clark, Judge Annis Somerville, Judge Stephen Clark, Judge Eddie Paul, Judge Alayne Wills, Judge Miharo Armstrong and Judge Sharyn Otene.

We would like to take the opportunity to thank the organisers and the THRMOA Executive for organising such a successful conference.

For more information about the conference and THROMA please visit the THRMOA website: www.maorilawsociety.co.nz

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TE MANA AKONGA: Governance Training Governance: The Next Generation

Formal documents

We were recently invited to provide governance training to Te Mana Akonga, the National Māori Student Body which provides representation for all Maori Student Associations at Universities throughout New Zealand.

Participants learned of the need for formal documents to run a governance entity, effectively. This session also looked at the appropriate documents to use when formalising relationships with third parties or reference groups such as sub-committees or steering groups.

The full-day training workshop was facilitated by our lawyer, Wi Pere Mita and colleague Irirangi Mako from Manukau Urban Māori Authority.

The training covered: 

Governance roles and responsibilities;

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Formal documents such as Memorandums of Understanding, Terms of Reference, Contracts of/for service and funding agreements;

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Resolving conflict; and

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Governance structures.

Governance roles and responsibilities The participants learned about the roles of governance entities and board members. They also learned of the distinction between governance and operations.

Focus was also given to incorporating Māori principles into governance and operation business.

Resolving conflict Participants took part in a mediation fishbowl which is a live mediation simulation. The purpose of the exercise was for participants to recognise conflict in its many forms and to generate options to resolve conflict, in a Māori way.

Participants also learned some restorative justice techniques of resolving conflict.

Governance structures This session focussed on the different types of governances structures from incorporated societies to charitable trusts. The purpose of the session was to acknowledge that there is no “one size fits all” governance structure and to assist participants in understanding what structure might work best for their respective entities.

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The Government has announced that some roads may qualify for a higher speed limit of up to 110km per hour. This comes a result of a new ‘Speed Management Guide’.

There are strict conditions on the qualification for a higher speed limit.

SPEED LIMIT: 110kp/h

A copy of the Speed Management Guide can be found here: https://www.pikb.co.nz/assets/ Uploads/Documents/Speed-management-guidefirst-edition-Nov2016a.pdf

LEGAL ACTIVITY

CLIENT ETHNICITIES

AREAS OF LAW

OUR CASEWORK October 2016 Māori Legal 1% Criminal Law 11.5% Family Law 18% Civil Law 29% Administrative Law 40.5%

Other 4% European 11% Asian 11.5% Māori 12.5% Pacific Islanders 61%

Representation 5% Legal Advice 39% Legal Assistance 56%

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PASEFIKA ISSUES DEALING WITH CLIENTS WITH COMMUNICATION DIVERSITIES Here at CLSST we are fortunate to have lawyers who are bi-lingual, meaning we are capable of dealing with clients who either, do not speak English or where English is their second language.

We understand that it can often be difficult to deal with clients where there are communication issues.

Based on our collective experience, we have decided to provide a list of things to keep in mind when dealing with client communication diversities, from a Pacific perspective.

Don’t assume anything It is important to find a balance between being patronizing and assuming the client understands the communication.

Understanding Culture It is important to understand that, generally speaking, Polynesians communicate in different ways.

Sometimes client’s will signal that they understand something, when they actually don’t. A helpful way of checking whether a client understands something is to ask them to verbalise their understanding of your communication. If they are unsure, repeat the communication.

Language Be careful of the language used to communicate with clients. Avoid using legal jargon and speak slowly and clearly.

Also, be aware of non-verbal language. Such as facial expressions, gestures and posture which may indicate that a client does not, in fact, understand communication.

Disabilities Where a client has physical or mental disabilities, they may need an interpreter. The Sign Language Interpreters Association of New Zealand has some great information for communicating with hearing impaired clients.

Trust and Confidence It is important to build trust and confidence with the client. Sometimes clients of a particular ethnicity prefer not to deal with staff of the same ethnicity for fear of their personal and confidential information falling into the wrong hands.

Mode of Contact Generally speaking, Polynesians prefer face-to-face contact. We have found that communication is more effective with face-to-face contact as opposed to telephone or email (digital) communication.

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OPEN FOR SUBMISSIONS The following Bills of Parliament are currently open for submissions

TITLE

CLOSING DATE

Broadcasting (Election Programmes and Election Advertising) Amendment Bill

18 November 2016

Electronic Interactions Reform Bill

25 November 2016

Review of Standing Orders 2017

25 November 2016

Outer Space and High-altitude Activities Bill

01 December 2016

Regulatory Systems (Commercial Matters) Amendment Bill

01 December 2016

Regulatory Systems (Building and Housing) Amendment Bill

02 December 2016

Inquiry into 2016 local authority elections

31 December 2017

Rates Rebate (Retirement Village Residents) Amendment Bill

12 January 2017

Energy Innovation (Electric Vehicles and Other Matters) Amendment Bill

01 February 2017

Maritime Transport Amendment Bill

01 February 2017

To make a submission, go to the New Zealand Parliament website at: www.parliament.nz/en/pb/sc/make-a-submission/ 9

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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