Legal Lowdown Newsletter#7

LEGAL LOWDOWN

NEWSLETTER #7 January 2014

TOUGHER SANCTIONS FOR TRAFFIC-RELATED OFFENCES

Consumer Law 2

Services

We take a look at the recent changes to consumer law and how those changes will affect consumers nationwide.

We are you a services outline services edition.

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excited to bring number of new in 2014. We some of those in this months’

News

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This month we look at the Rates Rebate Scheme and Issues related to proof of sickness or injury in employment matters.

DRIVER LICENCE STOP ORDERS: Tougher Sanctions for traffic-related offences DRIVER LICENCE STOP ORDERS: TOUGHER SANCTIONS FOR TRAFFIC RELATED OFFENCES Minister of Courts, Chester Borrows has recently announced that from Monday, 17 February 2014, drivers with unpaid fines or reparations for traffic-related offences could be banned from driving through a ‘Driver Licence Stop Order’ (DLSO).

A DLSO can be imposed on anyone who fails to pay any traffic-related fines imposed on them by a Court, police or a local government authority (such as Auckland Transport).

A DLSO can be issued under the Land Transport Act 1998 and applies to those who have larger or substantial overdue debts.

HOW IT WORKS: If a person fails to repay a fine or reparation, the Ministry of Justice will give them 14 days’ notice to either pay the fine in full or set up a payment plan.

If they fail to comply with the notice, they will be given one more reminder to pay.

If they fail to comply with the reminder notice, a DLSO may be issued and a bailiff will be sent to seize their driver licence. The DLSO will remain until the fine is paid in full or a payment plan is in place.

If they are caught driving while a DLSO is in effect, the vehicle they are driving at the time they are caught

can be impounded, and they could face prosecution for driving without a valid New Zealand licence.

COMMUNITY NOTICES If you would like to promote a community event, such as an AGM, youth and elderly event, training days and seminars etc, please send an email of 150 words or less to newsletter@clsstlaw.com briefly outlining your event, function or service that we can include in our “Community Notices” section in next month’s edition of Legal Lowdown.

Please note, we reserve the right not to promote any event that does not align with our community services.

CLSST NEWS: Recent changes that affect our community TRIAL OF WARRANTS OF FITNESS FOR HOUSING NEW ZEALAND PROPERTIES From January 2014, the Government is trialing a “Warrant of Fitness” (WOF) tool on older Housing New Zealand properties. The trial is aimed at improving housing conditions of properties which are not “fit-for-purpose”, particularly properties suffering from risks of mould, leaks, electrical issues and other environmental factors.

These properties are being targeted, as it is well-known that such conditions may also lead to rheumatic fever and increased severity of asthma conditions.

It is estimated that around 125 rental properties will be included in the trial. 25 of those properties will be from within the Auckland area. The trial and assessment of the properties will be conducted by home assessment experts, with trial results expected to be published by March 2014.

Source: Ministry of Business, Innovation and Employment – Building and Housing

CONSUMER LAW CHANGES As detailed in previous CLSST legal education seminars, our Government is in the process of making some important changes to Consumer Laws in New Zealand. In December 2013 many of those consumer law changes became law and will be in force by July 2014. Some small changes to the powers of the Commerce Commission have already come into effect, but the key law changes that will affect consumers will not come into force until 18 July 2014.

Some of the important points to note from the law changes are as follows: The Consumer Guarantees Act (CGA) will apply to all transactions – including goods sold at auction or by competitive tender such as Trade Me New Delivery Guarantee - Traders will be liable if goods don’t arrive on time, or are damaged.

Unsolicited goods and services – Traders won’t be able to demand payment for any goods or services a customer has not requested.

Uninvited direct sales (formerly door-to-door sales) – Buyers will have five days to cancel any uninvited direct sale when approached at home or at work by phone or in person.

In addition to the consumer law changes above, changes to credit law reform, which will affect credit contracts and loan documents etc, are also set to change. The select committee will meet on 24 March to discuss any changes to credit laws and we will keep you all updated on any progress made in this respect.

CLSST has arranged, with the Ministry of Consumer Affairs, to hold an education seminar on the new changes to Consumer law. This seminar is set to be held in May 2014. More details of this seminar will be published on our website at www.clsstlaw.com More information on the consumer law changes, visit the Ministry of Consumer Affairs Website: www.consumeraffairs.govt.nz/legislationpolicy/changes-to-consumer-laws

ALCOHOL LAW CHANGES: Sale and Supply of Alcohol Act 2012 On 18 December 2013, changes to the Sale and Supply of Alcohol Act 2012 came into force with the aim of reducing the harm caused by excessive drinking in New Zealand. We look at some of the main changes to alcohol laws below: TRADING HOURS: There is now a limit on when businesses may sell alcohol. On-licences businesses (such as bars and nightclubs) may sell alcohol between 8am-4am, off licences (such as bottle stores) may sell alcohol between 7am-11pm.

SUPPLY TO UNDER 18 YEAR OLDS: A person legally entitled to purchase alcohol may only supply alcohol to a person under the age of 18 if they are their parent or legal guardian (or have either of their express consents) or the young person is married, in a civil union or living with a de facto partner. The supplier of alcohol must also act responsibly in supplying alcohol. Any person is liable for a $2,000 fine if they breach these supply laws.

ON-THE-SPOT FINE: Any person is liable for an instant $250 fine for drinking in a liquor banned area or presenting or lending a fake ID for the purpose of buying alcohol.

INTOXICATION: Licenced businesses may refuse to serve alcohol or remove any person from their premises if they are affected by two or more of the following conditions: affected appearance, impaired behavior, impaired co-ordination, or impaired speech.

For information on all changes to the NZ alcohol laws, see the Ministry of Justice Website: http://www.justice.govt.nz/policy/sale-and-supply-of-alcohol/

OUTREACH CLINICS: ENGAGING WITH OUR COMMUNITY As part of our commitment to our community, we hold several outreach clinics throughout our service area to maintain face-to-face engagement with our clients.

Otara CLSST Office 120 Bairds Road Otara

Otahuhu We currently do not have an Outreach clinic in Otahuhu

Appointments available: Monday – Friday Pukekohe Heartland Services 2 King Street Pukekohe

Manurewa Manurewa Marae 81 Finlayson Ave Manurewa

Appointments available: Fortnightly on Tuesday

Appointments available: Wednesday

Manukau Salvation Army 16B Bakerfield Place Manukau

Papakura Papakura Citizens Advice Bureau 4a Opaheke Road Papakura

Appointments available: Monday-Friday

Appointments available: Thursday

Flat Bush Hilltop Community Centre 30 Hilltop Road Flat Bush

Chapel Downs Chapel Downs Primary School 170 Dawson Rd, Flat Bush

Appointments available: Fortnightly on Friday

Appointments available: Fortnightly on Wednesday

CLSST SERVICES

COMMUNITY EVENTS & SEMINARS

RADIO 531PI – LEGAL INFORMATION In December 2013 we commenced our first legal information radio segment on Radio 531pi with radio host Malo Toe. This segment advertised our weekly legal information segment topics which align with the topics for our legal lunchboxes sessions. These sessions range from consumer matters to employment and immigration. So if you are interested in or would like to know more information about our legal lunchbox seminars, contact us and sign up to our sessions in Pukekohe, Papakura or Otahuhu.

For information on our legal lunchbox sessions see page 5.

CLSST Lawyers, Wi Pere Mita and Johnny Nu’u with Radio 531pi host Malo Toe.

LEGAL EDUCATION SEMINARS 2014 We have a number of community legal education seminars coming up in the next few months. The topics are as follows: 19 March 2014:

Debt, No Asset Procedures and Bankruptcy TBC

26 March 2014:

Maori Access to Justice Manurewa Marae 81 Finlayson Ave, Manurewa 11.00am – 3.00pm

1 April 2014:

Disputes Tribunal Allen Brewster Leisure Centre Tavern Lane, Papatoetoe

CLSST Lawyers, Tu’ulata Titimanu and Soane Foliaki with Mr and Mrs Ki at their NZ citizenship ceremony held at our CLSST Office.

FIND US ONLINE: Website: www.clsstlaw.com

https://www.facebook.com/otaralaw

https://twitter.com/CommLegalSouth

To attend any of these sessions please see the community legal education page on our website: http://www.clsstlaw.com/communityseminars-2014.html or contact our office on (09) 274 4966 or email education@clsstlaw.com

LEGAL EDUCATION SEMINARS 2014

NEWS RATES REBATE SCHEME Some ratepayers in our community may be eligible for assistance in meeting the cost of rates. If you are the legal ratepayer for the home you live in, and your income falls below the income threshold, you may qualify for a rebate under the Rates Rebate Scheme. A rebate is a deduction from your rates bill or a cash payment if you have already paid your rates for the year beginning 1 July 2013 and ending 30 June 2014. Depending on your circumstances, the rebate can be up to a maximum of $595 plus an additional $500 for each dependent living with you.

To qualify for a rebate you must be the legal ratepayer of the home you live in. This means you must be the person directly responsible for paying the local authority rates for the property you live in. To be a legal ratepayer you must either be the owner of the property or have a specific type of lease. You will need to check with your local council if you are unsure about whether you are the legal ratepayer.

In addition, your income must fall below the income threshold to qualify for assistance. The threshold is currently $23,870 but this threshold is increased by $500 for each dependent living with the ratepayer. For example if you have two dependent children living with you the income threshold would be $24,870. Even if your income exceeds the threshold, a rates rebate may still be available depending on the rates you pay and the number of dependents you support. If you are unsure whether you qualify, please contact your local council, visit the Department of Internal Affairs website, or call Community Legal Services South for further information.

If you qualify for a rates rebate, contact your local council to make an application. The council can give you an application form to fill out, or alternatively you can download an application form from the Department of Internal Affairs website. Please note, you need to wait for your 2013/2014 rates bill before you contact your council about a rebate.

When applying for a rebate, you will need: Your rates notice for the 2013/2014 year; Information about what your income (before tax) was for the tax year ended 31 March 2013; Information about what your partner/joint homeowner’s income was if he/she was normally living with you on 1 July 2013.

The closing date for applications for 2013/2014 is 30 June 2014. For more information: www.dia.govt.nz

EMPLOYMENT: PROOF SICKNESS OR INJURY

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There are strict criteria that apply to proof of sickness and injury under the provisions of the Holidays Act 2003 (the Act).

If you are away from work due to sickness, your employer may request that you provide a medical certificate from a medical practitioner. The certificate can be requested within 3 days of you falling ill, only if the employer has informed you of the requirement to provide proof as soon as possible. The employer must also pay all reasonable expenses in obtaining the proof.

A medical practitioner (ie doctor or specialist) is someone who is, or deemed to be, registered with the Medical Council of New Zealand as a practitioner of the profession of medicine. This could be difficult if you find yourself falling ill overseas and unable to see a recognised medical practitioner. In these circumstances we recommend contacting your usual or local GP (general practitioner) at your earliest opportunity to confirm your illness and why you need time off from work.

For more information, contact the Ministry of Business, Innovation and Employment, Labour Group: 0800 209 020

FREE LEGAL SERVICES We provide FREE Legal Services to the South Auckland, Franklin and Otahuhu areas (except Mangere).

Our services range from Legal Advice, Assistance and Information to Legal Education and Representation.

For more details please contact: Our office on (09) 274 4966 or See our website: www.clsstlaw.com