Legal Lowdown Newsletter #39

ISSUE

COMMUNITY LEGAL SERVICES SOUTH TRUST

39 January 2017

LEGAL LOWDOWN

HE MAEMAE AROHA Whaea Mary Ann also assisted in establishing our Māori Land Advisory clinics also based at Manurewa Marae.

A loving tribute It is with great sadness that we farewell Whaea Mary Ann Harris, stalwart of Manurewa Marae.

Whaea Mary Ann will be sorely missed. We send our sincerest condolences to Whaea Mary Ann’s whānau, friends and everyone whose lives she touched.

Whaea Mary Ann was instrumental in establishing our marae based legal clinics at Manurewa Marae back in 2012.

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OUR SERVICES What we do

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SPORTS LAW Rugby Rules

“E te kotuku rerenga tahi, e te rau o te huia, haere rā ki tō tātou kaihanga. E Whae, e oki!”

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OUR PEOPLE New Staff

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MĀORI LEGAL Tattoo & Piercing

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service areas

about us Community Legal Services South Trust is one of 24 community law centres in New Zealand. We are contracted by the Ministry of Justice to provide free legal services to people who reside in South Auckland*, Franklin and Otahuhu and meet the other criteria listed below.

Our services are free, however if there are costs associated with your issue you will need to pay that yourself (for example, court applications fees).

Family Law Debt Traffic Tenancy (tenants only) Civil Disputes Employment Matters (employees only) Insurance Minor Police Charges Consumer Issues Immigration Matters WINZ or Housing New Zealand Māori Land

we can’t assist with

our services We provide different services depending on the complexity of a case and the resources we have available. We might provide you with information, advice, assistance or representation.

We are unable to assist with:  Wills  Trusts  Estate matters  Property relationship matters  Commercial matters

referral service

eligibility

If we are unable to help you with your matter, we can give you names of private lawyers and/or legal aid lawyers.

To be eligible for our services you must: 

Reside in South and Otahuhu;

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Not qualify for legal aid; and

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Have an annual income below the following:

Auckland*,

Franklin

$33,800 (single person) $38,000 (1 dependent - spouse/partner or 1 child) $50,934 (2 dependents - spouse/partner or children) $57,880 (3 dependents - spouse/partner or children) $64,678 (4 dependents - spouse/partner or children) $72,302 (5 dependents - spouse/partner or children) 

You must provide photo I.D (passport or drivers license).

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You must provide proof of address.

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You must provide proof of income.

*Except Mangere

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We can also refer you to other community organisations if you have non-legal issues you need help with.

education We provide legal education seminars to the public and to community organisations. We can design seminars to meet the needs of your community or organisation.

To learn more about our services, please see our contact details, below: Phone: (09) 274 4966 Fax: (09) 274 4967 E-mail: admin@clsstlaw.com Website: www.clsstlaw.com

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OUR OUTREACH CLINICS Otara CLSST Office 120 Bairds Road Otara Appointments available: Monday – Friday Manurewa Manurewa Marae 81 Finlayson Ave Manurewa Appointments available: Wednesdays Manukau Salvation Army 16B Bakerfield Place Manukau Appointments available: Monday-Friday Papakura Papakura Citizens Advice Bureau 4a Opaheke Road Papakura Appointments available: Thursdays Pukekohe Heartland Services 6A Roulston Street Pukekohe

Appointments available: Fortnightly on Tuesday

MÄ ori Land Clinic Manurewa Marae 81 Finlayson Ave Manurewa

Appointments available: First Wednesday of every month 3

RUGBY LAW CHANGE A zero-tolerance stance on head contact in rugby.

World Rugby has announced a number of changes to the laws that apply to international rugby. The changes come as World Rugby reaffirms its commitment to injury prevention and its zero-tolerance stance on reckless and accidental head contact in rugby.

The changes come into force from 3 January 2017. To this end, World Rugby has introduced two new categories of dangerous tackles, as follows:

Reckless tackle A player is deemed to have made reckless contact during a tackle or attempted tackle or during other phases of the game if in making contact, the player knew or should have known that there was a risk of making contact with the head of an opponent, but did so anyway.

This sanction applies even if the tackle starts below the line of the shoulders. This type of contact also applies to grabbing and rolling or twisting around the head/neck area even if the contact starts below the line of the shoulders.

Accidental tackle When making contact with another player during a tackle or attempted tackle or during other phases of the game, if a player makes accidental contact with an opponent's head, either directly or where the contact starts below the line of the shoulders, the player may still be sanctioned. This includes situations where the ball-carrier slips into the tackle.

Sanctions A reckless tackle carries a minimum sanction of a yellow card and a maximum sanction of a red card.

An accidental tackle carries a minimum sanction of a penalty.

World Rugby intends to socialise the recent law changes through a global education programme which aims to reinforce the zero-tolerance culture with respect to head-contact in rugby.

For more information. See the World Rugby website:

Source: http://www.worldrugby.org/news/213339

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OUR CASEWORK January 2017

LEGAL REPRESENTATION: 7% LEGAL ADVICE: 41% LEGAL ASSISTANCE: 52%

PRACTICE AREAS

SERVICE USERS

Asian: 12%

Administrative Law 33%

European: 14%

Civil Law: 32.5%

Māori 14.5%

Family Law: 21%

Pacific Islanders: 55%

Criminal Law: 13.5%

Other: 4.5%

WELCOME TO THE TEAM We are excited to welcome Neferteri Cristobal to our team.

Neferteri joins us as a Solicitor after volunteering at CLSST since 2015.

Neferteri has extensive overseas practice experience in the areas of criminal and family law. Her experience includes spending over 10 years working as a criminal prosecutor in the Philippines.

In 2015 she completed her professional studies and was admitted as a Barrister and Solicitor of the High Court of New Zealand by our very own, Soane Foliaki.

Neferteri speaks fluent Cebuano and Tagalog.

Bon Voyage, John This month we farewell our lawyer, John Milo, who has worked with CLSST since 2012. John mainly assisted clients with criminal and traffic matters and made regular appearances in the District Courts in Manukau, Papakura and Auckland Central.

John will leaving us to pursue tertiary studies in Australia.

From all of us here at Community Legal Services South Trust, we wish John, his wife Brenda and son Michael all the best on their new journey to Australia.

Hei konā mai, John.

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MAORI LEGAL INTERESTS years of age unless the parent or guardi an gives written permission. This does not apply to tattooing/tā moko. (a) No operator may carry out tattooing on any person under 18 years of age un less the parent or guardian gives written permission.

Tattoo & Ta Moko How young is too young?

A recent news story has ignited public debate over the appropriate age for a person to receive a tattoo after a 15 year old received a tā moko (traditional Māori tattoo) as a birthday gift from his father.

Traditionally, it was not uncommon for youths around the age of 12 years to receive tā moko of some form. In this sense, it is not, generally speaking, widely frowned upon in Māori society for someone under the age of 18 years to receive a tā moko.

Unlike other countries, New Zealand does not have a legal age restriction on getting a tattoo or piercing.

However some regional and district councils have put in place by-laws that set age restriction on those wanting to get tattoos or piercings.

It follows that all tattoo/tā moko artists, within the Auckland Council area, must keep a record of all consent forms for a minimum period of two (2) years. Auckland Council can request to see a consent at any time and a tattoo/tā moko artist is required to produce such consents.

In addition to the above, any customer who wishes to under-go a commercial skin piercing service must complete and sign a written consent form outlining their medical history that will inform the operator at the start if they have or suspect they have: (a) a communicable disease or skin disease (b) haemophilia or are taking medications that thin the blood (c) allergies or adverse reactions to dyes and pigments; or (d) epilepsy or seizures.

Some tattoo/tā moko artists are also members of the Tattoo Artists Association of New Zealand (TAANS).

All members work to a code of ethics which provides that no member will tattoo anyone under the age of 18 years without permission of a parent of guardian.

The Auckland Council bylaws and code of practice provide that:

If in doubt, contact your local Council to make sure you understand the rules around tattoos/tā moko and piercing for those under 18 years.

(a) no operator may carry out any comercial skin piercing service on any person under 16

Source: Auckland Council and Māori Television Services 6

NOT JUST A DOG PROBLEM We have all heard of the horrific incidents involving dog attacks. It is even more horrific when the attack involves an innocent child. The issue of dog aggression and how it affects society is highly complex with a number of factors contributing to why dogs become aggressive and attack. The New Zealand Veterinary Association has identified the following factors that may contribute to dogs becoming aggressive:      

hereditary factors; later socialisation and training,; the dogs physical health; the owners attitudes, experience and reasons for owning a dog; the situations surrounding each attack, including the victims behaviour; and society’s tolerance of what constitutes normal dog behaviour.

These factors illustrate that it’s not just a dog problem. As owners we have legal responsibilities. Your legal responsibilities are set down in the Dog Control Act 1996, its amendments and the city and district dog control policy and bylaws.

Dog Control Act 1996 As a dog owner you have to:  register your dog with your local council before it is three months old (or when you get it);  renew the registration for your dog each year before 1 July;  notify the council if you change your address, your dog dies or has a new owner;  microchip your dog when it is registered for the first time or if it has been classified as dangerous or menacing;

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make sure your dog does not scare or injure any one or any other animal and is kept under control at all times; care for your dog – exercise it and provide sufficient food, water and shelter.

You must also take all reasonable steps to ensure that your dog does not:  cause any nuisance to any other person for example by constantly barking, howling or roaming;  injure, endanger, or cause distress to any stock, poultry, domestic animal or protected wildlife;  damage or endanger any property belonging to any other person.

Councils can make policy and bylaws which could include:  setting registration fees and requirements;  prohibiting dogs from specified public places;  requiring dogs to be leashed in specified public places;  designating areas where dogs can be exercised off a leash but must be under voice or hand control.

Council can also classify a dog as menacing or dangerous. Menacing dogs must be muzzled when in public places and may be required by the council to be neutered. Dangerous dogs must be neutered and kept within a fully fenced area, muzzled and kept on a leash in public places.

For further information contact your local Council or visit the Local Council website. www.localcouncils.govt.nz.

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

It is a start of a New Year and many of us start the New Year with a New Years resolution. Some take New Years resolutions seriously. Some bid it farewell just after the clock strikes twelve. Some call it a second chance to dream with eyes open. Some say that New Years resolutions are a bit like babies: They’re fun to make but extremely difficult to maintain.

Studies have found that only a small percentage of people actually make good on their New Years resolution. This is due to many factors but although it is hard to keep up the enthusiasm months after, it’s not impossible.

Quit smoking: One of the most common and probably one of the most difficult New Years resolutions to achieve is to quit smoking. As from the 1 January cigarette prices have gone up again after another 10 per cent tax increase. This reflects the Government’s staunch belief that raising the tobacco price is the single biggest way to reduce smoking rates. The Government will be increasing the tax on cigarettes every year for four years, hoping to become smoke free by 2025.

Quitline CEO Andrew Slater said the holiday period saw a big influx of calls. He also expects the number of calls to Quitline to double throughout this month and next. He went on to say: “Quitting smoking is not an easy thing for everyone, most people don't succeed on their first attempt, but you need to keep trying."

Talk to any ex-smoker, and you’ll see that multiple attempts are often the path to success. It is a hard habit to quit.

Mr Slater says there are a myriad of reasons why people want to quit smoking. The most common being, to improve overall health. Latest statistics from Quitline's Freephone shows that nearly half of the people who gave up smoking in 2016 did so to improve their health.

Quitting smoking will help improve your health and save you a lot of money.

To help you achieve your New Year’s resolution of quitting smoking, contact Quitline on 0800 778 778 at any time. You may also wish to sign up to a programme via their website where they can also order subsidised patches, gum and lozenges.

See www.quit.org.nz for more information.

Whether you agree with this or not, 2017 may be the year to finally kick the habit. If you do want to kick the habit, remember Quitline is there to help.

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