LEGAL LOWDOWN
NEWSLETTER #4 October 2013
HOME BUYERS: Changes to home loan lending rules
Mortgages
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A glimpse of the new lending rules imposed by the Reserve Bank of New Zealand as at 1 October 2013.
Services
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A brief overview of recent and upcoming CLSST events and legal services, including our outreach clinics, public events and seminars.
Aotearoa/NZ
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A look at the official new names of the North and South Islands of New Zealand and our Marae based legal services.
IT’S OFFICIAL, WE’VE CHANGED OUR NAME: COMMUNITY LEGAL SERVICES SOUTH TRUST OFFICIAL NAME CHANGE It’s official; we have changed our name to COMMUNITY LEGAL SERVICES SOUTH TRUST. The name change has come as a result of discussions between our Governance Board and key community stakeholders regarding our current service area. The name change better reflects the community in which we operate which is South Auckland and the wider Franklin area (except Mangere). We will still be providing the same services pursuant to our current contracts, partnerships and formal engagements, just under a different name. We are currently making changes to our resources, signage, documents and other records. This will not affect the services we currently provide. We thank you for your patience and continued support during this transition period.
NEW WINZ REGULATIONS As at 14 October 2013 Work and Income New Zealand (WINZ) commenced implementing its “low trust client” rules as a plan to prevent, detect and punish welfare fraud in New Zealand. These stricter rules will apply to approximately 1,500 beneficiaries per year. Some of the changes include: Enhanced information sharing between Government departments, the Ministry of Social Development and Inland Revenue Department; Increased accountability of partners of beneficiaries complicit in ‘relationship’ fraud; and Joint agency investigations into benefit fraud. For more information on the changes please contact WINZ: 0800 559 009
LEGAL ADOPTION vs WHĀNGAI (MĀORI CUSTOMARY ADOPTION) Whāngai is a customary Māori practice in which a child is given to family members to raise. In most cases a child would be given to his or her Grandparents to be raised. The purpose of this type of arrangement is to ensure that traditional knowledge, practices, language and histories are passed down to future generations. A similar custom also exists among Pacific Island communities. A whāngai relationship is informal and open and allows the child’s whakapapa (genealogy) connections to be maintained. The whāngai usually has ongoing and sometimes daily contact with his or her birth parents. In this sense, whāngai is similar to open adoption. However unlike adoption, whāngai is not a legal process. Adoption changes the legal status of the parties so that the birth parent’s rights and responsibilities are removed and transferred to the adoptive parents. As such all ties to the biological parents cease. With whāngai, the whānau (family) raising the child have no legal rights or obligations in respect of the child. Similarly a whāngai has no right to inherit if his or her mātua whāngai (those raising the child) dies without leaving a wil). With respect to Māori land, Te Ture Whenua Māori Act 1993 allows for whāngai to succeed to Māori land in certain situations. Where a whāngai is not entitled to succeed to Māori land, the whāngai must prove his or her entitlement to such lands through the strength of the relationship to his or her mātua whāngai Whānau raising whāngai may choose to formalize their guardianship and care arrangements of a child through a Guardianship Order or Parenting Order. Guardianship Orders and Parenting Orders do not sever the ties between the child and his biological family. Rather they extend the rights and responsibilities for a child’s upbringing and living arrangements to the caregivers. Alternatively an application for an Adoption Order can be made, if the birth parents consent.
CHANGES TO LENDING RULES
MORTGAGE
On 1 October 2013, the Reserve Bank of New Zealand (RBNZ) imposed tougher mortgage lending rules which include limiting the amount of high loan-to-value ratio lending (LVR) that banks would be able to provide. The changes will mostly affect first home buyers by placing harder restrictions on low equity loans. It is expected that those living in Auckland will be worse off as house prices are significantly higher in Auckland, which will require home buyers to cough up a much higher deposit to secure their home. As such most first home buyers will now need at least a 20% deposit for the home they wish to purchase. It is not certain how long these changes will remain in force however Governor Graeme Wheeler announced that: “[the] limits will be removed if there is evidence of a better balance in the housing market and we are confident that their removal would not lead to a resurgence of housing credit and demand”
For more information on the new mortgage lending rules please see the Reserve Bank of New Zealand website: http://www.rbnz.govt.nz/news/2013/5406716.html
TE REO MĀORI IN HIGHER COURTS This month, te reo Māori or the Māori language has been introduced in all formal proceedings of the higher Courts of New Zealand including the High Court and the Court of Appeal. These changes have come at the direction of the Chief Justice, the President of the Court of Appeal and the Chief High Court Judge and will apply to the opening, adjournment and closing of Court proceedings. These changes were introduced in the District Court in 2012 to demonstrate due regard to the cultural significance of the language in a Court environment. The Ministry of Justice will provide training to Court staff over the next few months with the expectation that all higher Courts will use the new announcements by January 2014.
FREE LEGAL SERVICES We provide FREE Legal Services to the South Auckland Area (except Mangere). Our services range from Legal Advice, Assistance and Information to Legal Education and Representation. Check out PAGE 3 for more details on our upcoming events and services. For more details please contact: Our office on (09) 274 4966 or See our website: www.otaracommunitylawcentre.com
SERVICE CLINICS Otara CLSST Office 120 Bairds Road Otara
Otahuhu We currently do not have an Outreach clinic in Otahuhu
Appointments available: Monday – Friday
Manukau Salvation Army 16B Bakerfield Place Manukau
Papakura Papakura Citizens Advice Bureau 4a Opaheke Road Papakura
Appointments available: Monday-Friday
Appointments available: Thursday
Pukekohe Heartland Services 2 King Street Pukekohe
Manurewa Manurewa Marae 81 Finlayson Ave Manurewa
Flat Bush Hilltop Community Centre 30 Hilltop Road Flat Bush
Flat Bush Chapel Downs Primary School 170 Dawson Rd, Flat Bush
Appointments available: Fortnightly on Tuesday
Appointments available: Wednesday
Appointments available: Fortnightly on Friday
Appointments available: Fortnightly on Wednesday
CLSST SERVICES: RECENT AND UPCOMING EVENTS FREE LEGAL EDUCATION We deliver/ Co-ordinate Legal Education to community groups or organisations in our service area. We provide education sessions on the following areas of law: Employment, Tenancy, Consumer, Human Rights, Youth Rights, Traffic, Immigration, NZ legal system, Maori Legal Issues, Privacy, Care of Children, WINZ entitlements and other topics. For more information on any of our legal education services please contact our office (09) 274 4966
MĀORI LAND CLINICS Our Free Māori Land Advice & Education Clinics are designed to inform, educate and advise Māori Land owners, shareholders and trustees on various aspects of their Māori Land. These clinics are run in partnership with the Māori Land Court – Tāmaki Makaurau and Te Mata Law.
Dates for upcoming clinics are: Thursday 14 November 2013
For more information on these clinics contact Wi Pere Mita: wipere.mita@otaralaw.org.nz
ISSUES IN IMMIGRATION LAW – PEOPLE UNLAWFULLY IN NEW ZEALAND We will be holding a free seminar on 20 November 2013, 10am—12pm at Clover Park Community House, 16A Israel Ave, MANUKAU which will cover: Rights and obligations Options for addressing immigration status Requests for visas Rights of children to study Employment issues Liability for deportation Deportation process Consequences of deportation and more This seminar will be presented by our experienced and knowledgeable immigration lawyer. There will be an opportunity for you to discuss matters relevant to the topic. For more information and to register for this seminar please contact: wipere.mita@otaralaw.org.nz or (09) 274 4966
AOTEAROA / NZ: LAND OF THE LONG WHITE CLOUD OFFICIAL NAMES GIVEN TO THE NORTH AND SOUTH ISLANDS The New Zealand Geographic Board announced this month that the names of New Zealand’s North and South Islands have officially been named pursuant to the New Zealand Geographical Board Act 2008. The Minister of Land Information, Maurice Williamson confirmed that people could now use Te Ika-a-Maui (the fish of Maui) in reference to the North Island or Te Waipounamu (the waters of greenstone) in reference to the South Island. Both the English and Māori names may now be used interchangeably. The Māori names have considerable cultural and historic significance to Aotearoa New Zealand drawing on the ancient stories of Maui who is attributed to fishing up the North Island. Te Waipounamu takes its name from the abundance of pounamu or greenstone that can be located in the South Island. Land Information New Zealand maps will soon show both English and Māori references. Stuff.co.nz article on 10 October stated that of the submissions received for each proposal, 64 per cent supported Te Ika-a-Maui, 65 per cent supported Te Waipounamu, 87 per cent supported North Island, and 88 per cent supported South Island.
MARAE BASED LEGAL SERVICES
CAR RESTRAINTS LAW CHANGE
MARAE BASED LEGAL SERVICES
From 1 November 2013 all children must be correctly th secured in an approved car restraint up until their 7 Birthday.
On 9 October Manurewa Marae opened its doors to the public to observe some of the Marae based legal services provided at Manurewa. The event was hosted by CLSST and attended by Te Rākau Ture, The Māori Law Students’ Association of the University of Auckland and members of the public. Participants engaged in seminars by Cameron Hockly of Te Mata Law who spoke of the current state of Treaty of Waitangi Inquiries throughout New Zealand. Toni Welsh of the Māori Land Court spoke about Māori land issues and Māori Land Court processes. Wi Pere Mita of CLSST spoke about the weekly Marae based legal clinics and Rangatahi Courts which take place on Manurewa Marae. CLSST has received positive feedback from participants and will look to hold more open days in the near future.
The law change also says that a child must be correctly secured in an approved child restraint if one is available in the vehicle, if not, in any child restraint or safety belt that is th available. This applies from the child’s 7 Birthday to their th 8 Birthday.
The new changes will bring New Zealand laws closer to those of the UK, Switzerland, Germany & Spain where children must be restrained up until the age of 12 years. This law change will also effect schools wishing to take their students on field trips, they too will be required to follow the For more information on these law changes please see the New Zealand Transport Agency Website: www.nzta.govt.nz/resources/rules/road-user-2004index.html.
SUBSCRIBE TO LEGAL LOWDOWN FOR FREE! Contact: Wi Pere Mita Phone: (09) 274 4966 Email: wipere.mita@otaralaw.org.nz