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1
LEGAL LOWDOWN
ISSUE
20
FEBRUARY 2015
COMMUNITY LEGAL SERVICES SOUTH TRUST
WORLD SOCIAL JUSTICE DAY: 20 FEB 2015 SOCIAL JUSTICE AND A DECENT LIFE FOR ALL.
2 Human Rights Complaints 5
Youth & the
Police 6 Treaty of Waitangi: A Pakeha perspective
The United Nations’ World Social Justice Day (“WSJD”) is observed on
20 February each year to increase awareness of poverty, unemploy-
ment and social & economic exclusion. WSJD was first observed in
2009 following a commitment by UN member states to advance social
development.
According to the Child Poverty Monitor: Technical Report, (“the re-
port”) produced by the Children’s Commissioner, JR McKenzie Trust &
Otago University, 24% of NZ children live in poverty and 10% of NZ
children live in severe poverty. The report also highlights that 16% of
NZ children live in crowded homes with 47% of those figures being
made up of Pacific Islanders and 25% being made up of Maori.
These figures are extremely concerning given the high number of
Māori and Pacific communities in South Auckland.
The report shows the need for these social issues to be addressed
and we encourage all organisations, educational institutions, commer-
cial entities and the public at large to promote WSJD and its objec-
tives, in the hope of improving social justice in our communities.
In last month’s newsletter we provided unemployment statistics for
areas within Counties Manukau & Franklin. This month we provide
poverty statistics at page 4. We hope these statistics shed light on
the real social issues that face our communities, particularly our chil-
dren.
More information about WSJD can be found on the UN website via
the following link: http://www.un.org/en/events/socialjusticeday/
Source: Child Poverty Monitor & United Nations’ website
8 LEGAL LENS: Shoplifting 9 LEGAL EDUCAITON Upcomming Sessions
2
HUMAN RIGHTS: Laws against discrimination
NZBORA
The New Zealand Bill of Rights Act 1990 (“NZBORA”)
provides that everyone has the right to freedom from dis-
crimination as outlined in the Human Rights Act 1993 (“the
Act”). The Act prohibits discrimination on the grounds of
gender, marital status, religious belief, ethical belief, colour,
race, ethnic or national origin, disability, age, political opin-
ion, family status or sexual orientation.
What is discrimination?
Discrimination is where you may have been treated less
favorably than someone else in the same circumstance.
An example of discrimination is where you are
unsuccessful in a job application because you
are a person with a darker skin complexion or
where a school refused to enrol you because
of a disability you may have.
Unlawful discrimination is where:
A person is treated differently because of one of the prohib-
ited grounds of discrimination in an area of public life identi-
fied in the Act; and
As a result, the person has suffered disadvantage; and
There is no exception or justification set out in the Act.
Exceptions
It is important to note that not all discrimination is unlaw-
ful. For a break down of the exceptions to the discrimina-
tion laws, please see the Community Law Manual.
Discrimination Complaints
If you feel that you have been unlawfully discriminated
against by an individual, you can make a complaint to the
Human Rights Commission, (“HRC”) an independent body
that helps determine whether the discrimination com-
plained about, is unlawful. The HRC can also assist with
resolving complaints directly with the person involved.
Office of Human Rights Proceedings (“OHRP”)
If your complaint remains unresolved you may refer the mat-
ter to OHRP, which is part of the HRC, but acts independent-
ly of it. The OHRP may refer your complaint back to the
HRC to resolve, investigate and try to resolve the complaint
or refer the matter to the Human Rights Review Tribunal. (if
your complaint is not referred to the Tribunal by the OHRP,
you may take your case to the Tribunal, yourself.)
Human Rights Review Tribunal
The Human Rights Review Tribunal. (“HRRT”), is like a court.
The HRRT hears from both sides to a dispute and then makes
a decision, rather than acting as a mediator between the two
sides. The HRRT can award you damag-
es (money) or other remedies.
NZ Diversity Action Programme
In support of cultural diversity in NZ,
CLSST is a proud certified member of the NZ Action Diversi-
ty Programme which aims to recognise and celebrate the cul-
tural diversity of our society by:
promoting the equal enjoyment by everyone of their civil, politi-
cal, economic, social and cultural rights, regardless of race,
colour, religion, ethnicity or national origin (equal); and
fostering harmonious relations between diverse peoples; and
fulfilling the promise of the Treaty of Waitangi.
The NZ Diversity Action Programme is run through the Hu-
man Rights Commission.
More information about the NZ Diversity Action Programme
can be found via the Human Rights Commission website:
http://www.hrc.co.nz/race-relations/te-ngira-the-nz-diversity-
action-programme/
“everyone has the right
to freedom from
discrimination”
3
AUCKLAND COUNCIL: People’s Panel
Send in your news
If you have any news or notices, please send
them to [email protected]
PEOPLE’S PANEL - HAVE YOUR SAY.
The Auckland Council People’s Panel is a group of Auckland residents who answer surveys about Auckland Council’s
plans, services, and activities.
Surveys are usually sent out once per month and panel members can have as little or as much input as they would like.
Most surveys take 10-15 minutes to complete and all personal details are kept private (not published with survey results
or reports).
Survey results are made public and panel members may also be invited to join focus groups, workshops and online fo-
rums.
For more information about joining the People’s Panel, please see the Auckland Council website:
LITTER: Keep it green! Litter Act 1979
The Litter Act 1979 (“the Act”) defines litter as being refuse, rubbish,
animal remains, glass, metals, garbage, debris, dirt, filth, rubble, ballast,
stone, earth, waste matter or any other thing of a like nature. The Act
provides that an individual can be fined up to $5,000 for littering in or on
a public place or in a private place without the occupant’s consent. In
contrast, a body corporate can be fined up to $20,000.
If the litter is considered dangerous and likely to endanger a person or
cause injury, disease or infection (like glass, needles, or syringes) a person
can be fined up to $7,500 and face imprisonment for up to 1 month. A
body corporate can be fined up to $30,000.
The Act also authorises local authorities (ie Council) to issue a notice
requiring an occupier of a property to clean up, clear away, remove,
screen or obstruct from view, any litter.
In addition to the above penalties, the Courts have the power to order a
person to pay for the costs of removing litter from a public or private
place.
CONTACT US
For more information about our services or
to book an appointment to see one of our
lawyers, you can contact us on:
Phone: (09) 274 4966
Fax: (09) 274 4967
Email: [email protected]
Web: www.clsstlaw.com
Post: PO Box 61112, Otara
120 Bairds Road, Otara
To sign up to or view and download past
issues of our Legal Lowdown Newsletter,
please see our website under the “Legal
Lowdown” tab.
4
Sudden
5
YOUTH
THE POLICE CAN ONLY SEARCH YOU IF: You let them;
They arrest you;
They have a search warrant;
They have reasonable grounds to think you have drugs or weapons;
You are entering an alcohol ban area (but you can avoid a search by
leaving the area & the Police must tell you this); OR
They have reasonable grounds to think your car contains stolen goods.
In all circumstances they must tell you what legal search power
they’re using to search you or your property.
THE POLICE CAN STOP YOU: If they think you have committed a crime;
If you are not driving a car or riding a motor-
cycle, bicycle or other vehicle, safely;
If they think you should be at school;
If you are under 17yrs and they think you are
“at risk”.
RIGHTS WITH
THE POLICE
THE POLICE MUST TELL YOU YOUR RIGHTS BEFORE QUESTIONING YOU:
You do not have to go with the police unless you have been arrested
You do not have to answer questions or make a statement (exceptions, see below)
If you agree to answer questions or make a statement, you can change your mind and stop at any time
If you make a statement or answer questions this may be used as evidence in court
You have the right to consult a lawyer and have a parent or an independent adult there to support you
If the police do not inform you of your rights and later charge you with a criminal offence, make sure you tell your lawyer or support
person about this as the Police may not be able to use your information against you.
YOU HAVE THE RIGHT TO REMAIN SILENT:
Generally, when questioned by the Police you only need
to provide your name, address and date of birth.
If you a driving you must provide your driver’s license
and if you are in Police custody you must provide finger
prints and have your photo taken.
In all other circumstances, you have the right to remain
silent
POLICE COMPLAINTS:
If you believe a Police officer has not complied with the
above rights, you may have grounds to make a complaint
to the Independent Police Conduct Authority (“IPCA”).
The IPCA is an independent body that considers com-
plaints about the Police in New Zealand and oversees
Police conduct.
6
NGĀ TAKE MĀORI Issues affecting Māori communities
TE TIRITI O WAITANGI
Kua roa nei a Aotearoa e tapatupatu ana I ngā take Tiriti o
Waitangi. Heoi, tērā tētahi roia pākeha e whakapou kaha ana
I roto I ngā take Tiriti, mo te mana o ngā iwi me ngā hapū o
Aotearoa, te take. E tata ana ki te rima tau a Emma Whiley e
mahi ana I ngā kerēme Waitangi. I naianei kei te mahi a Em-
ma ki te tari matua o Bennion Law I te Whanganui-a-Tara. E
whai ake nei ko ōna whakaaro e pā ana ki tēnei mea, te Tiriti
o Waitangi:
What does the Treaty/Tiriti mean to
you?
The treaty is the basis for which all non-
Māori live in this country. This means that
all non-Māori live here under the terms of
the treaty. Significantly this means that Māori maintain tino
rangatiratanga (sovereignty, rule, control and power).
Why have you chosen Treaty/Tiriti settlements as a
legal practice area?
Throughout law school I focused on Human Rights and indig-
enous rights issues. Working in the Waitangi Tribunal is one
of the most applicable places to be active and practicing in
these areas.
Should the treaty be taught in schools?
Definitely. I believe that one of the most significant reasons
that there are such differing views on the
issue of treaty settlements is because so
many people do not know even the ba-
sics of the treaty and our history.
What are your experiences through
the Waitangi Tribunal?
I am very privileged to be a part of this
journey with our hapū and iwi clients. A key component of
our work is gathering knowledge from kuia and kaumātua and
this is certainly a highlight.
To me this is one of the most beneficial parts of the tribunal
as the process creates an abundant and rich record of oral
and traditional histories and Crown breaches of the treaty.
This gives ourselves and our future generations more context
and understanding of the treaty and our history, therefore
providing a solid basis for which we can address both histori-
cal and contemporary treaty issues.
The most frustrating part of the tribunal
process is that its findings are not binding.
This means that hapū and iwi can pour
endless resources into their claims with-
out seeing any real outcomes, even if the
Tribunal has found in their favor.
Photo: Emma Whiley,
Solicitor, Bennion
Law.
Emma has several years
experience working in
Treaty of Waitangi claims
and Māori land issues, on
behalf of Māori hapū and
iwi.
Bennion Law works with
individuals, businesses,
non-
profits,
com-
munity groups, whānau, hapū and iwi and
are specialists in: Resource management,
Environmental law, Treaty of Waitangi
claims and Māori land law, Public & consti-
tutional law, judicial review, charities and
not-for-profit law and Property law matters.
For more information on Bennion Law services, contact (04)
473 5755.
“so many people do not
even know the basics of
the treaty”
“I am very privileged to
be part of this journey
with our hapū and iwi
clients”
7
PASEFIKA ISSUES IMMIGRATION MATTERS: CITIZENSHIP
O le vaega fa’apitoa lenei o le Legal Lowdown (po’o lenei puletini)
e fa’atalanoaina ai mata’upu fa’aletulafono o lo’o a’afia ai tagata Pa-
sefika i le si’osi’omaga inei Niu Sila. O lenei masina o le a fa’ata-
lanoina ai se mata’upu e fa’atatau i sitiseni Niu Sila (po’o tagata ua
apalai e avea ma tagatā nu’u o Niu Sila). O le a tatou fa’asoa i nisi
o tagata ua vala’aulia e ‘auai i saunga fa’apitoa (private ceremony)
mo le tau’a’aoina atu o tusi sitiseni (Citizenship Certificate), e ‘ese
mai i sauniga tu’ufa’atasi (ma isi tagatā nu’u o le a maua sitiseni Niu
Sila) e masani ona ‘auai ai le to’atele o tagata. O le a fa’ailoa atu
fo’i po’o ai e mafia ona e feso’ota’i i ai pe a mana’omia atili se
fesoasoani fa’aletulafono e fa’atatau i lenei mata’upu.
What is citizenship?
Citizenship means having all the rights and responsibilities of a
New Zealand citizen, including the right to live in New Zealand
indefinitely, travel on a New Zealand passport and stand for parlia-
ment. A New Zealand citizen must also follow New Zealand laws,
enrol to vote and pay taxes.
Applications for NZ citizenship (Samoan citizen)
A Samoan citizen can apply for New Zealand citizenship if they
entered New Zealand on 14 September 1982. If a Samoan citizen
entered New Zealand after this date, they must be on a residence
permit, residence visa or permanent residence visa. A Samoan
citizen can also apply if they are an Australian citizen or permanent
resident.
It will usually take about 4 months to process an application for
citizenship. If you do not meet the requirements, above, you may
need to apply for citizenship by grant.
New Zealand citizenship is made official at a citizenship ceremony
where the person who is granted citizenship makes the oath of
allegiance.
Private vs Public Citizenship Ceremony?
Usually, successful applicants are granted NZ Citizenship at a Pub-
lic Citizenship Ceremony, unless there are reasons of urgency why
an applicant cannot attend a public ceremony, then the Minister of
Immigration invite the applicant to partake in a private citizenship
ceremony. In these circumstances, the applicant must write to
their case manager at the Department of Internal affairs stating the
urgent reasons as to why a private ceremony should be permitted.
Alternatively, an applicant may be permitted to attend a private
ceremony if their Case Officer determines that a private ceremony
is more appropriate for the applicant because of their limited com-
mand of English or difficult in understanding English.
Who can conduct a Private Citizenship Ceremony?
Private Citizenship Ceremonies are conducted by a JP, Solicitor of
the High Court, Member of Parliament, or an Authorised Officer
of the Citizenship Department of Department of Internal Affairs
(“authorised person”).
Our office has lawyers who may conduct the private citizenship
ceremony for you in Samoan, Tongan and Punjabi (for free if you
meet our eligibility criteria)
What is the process if you cannot find an authorised per-
son to conduct the private citizenship ceremony?
If you cannot find an authorised person who can speak your lan-
guage, then you may be allowed to bring a relative or friend who is
able to translate the oath of allegiance in your language during the
private citizenship ceremony.
Our lawyer, Tuulata Titimanu conducted a Private Citizenship Cer-
emony with Taupaolo and Esau Pasia on 26 February 2015
(pictured above). Below are Mr Pasia’a thoughts about citizenship.
Why did you want to become a citizen of New Zealand?
I have lived in New Zealand for more than five years and feel that
New Zealand also my home too. I have worked here and raised
my family in this country and want to called a citizen of New Zea-
land.
Did you understand what a private citizenship ceremony
was when you received the letter of invitation from De-
partment of Internal Affairs?
No, that is why I came to your office (CLSST) because I remember
that you help people in the community who don’t understand how
these things work. I felt more comfortable when I found out that it
would just be me, my wife and the lawyer at the private ceremony
and the lawyer can speak my language so that I understand the
Oath of Allegiance.
Any further comments?
I am very happy that I am now a citizen of New Zealand. The pri-
vate ceremony was a very good option for me because I could
swear the Oath of Allegiance in my own language and I was not
nervous. Thank you for your help in my matter.
For more information about citizenship, please contact our office
or the Department of Internal Affairs.
8
LEGAL LENS The law through public eyes
LEGAL LENS The purpose of the legal lens is to gauge public perception &
knowledge of the law and identify areas where CLSST can inform and
educate communities on specific legal issues.
Very often legal issues are “lost in translation” and it is the aim of the
legal lens to present the law in a simple and easy way, so that it is
more understandable to the lay person.
SHOPLIFTING This month our Legal Lens looked into public knowledge and attitude
around shoplifting.
We wanted know what the public thought about store keeper’s rights
and whether the penalties and sentences imposed were fair.
Please click on the link below to watch this month’s Legal Lens:
We would like to take the opportunity to thank those who shared
their thoughts and opinions with us in creating this months’ Legal
Lens.
For past episodes of our Legal Lens, please visit our Youtube channel
Thank you for watching.
“I wouldn't have
considered that to be a
sentence”
“I honestly would’ve
thought it would be less
severe”
“I think those sentences
are actually quite harsh”
9
TENANCY LAW
Week 1: Flatting & Boarding
Week 2: Residential Tenancies Act
Week 3: Rates, Rent, Bond & Utilities
Week 4: Housing NZ & Tenancy Tribunal
Online Webinar: March 10, 17 & 24
Papakura: March 11, 18 & 25
IMMIGRATION LAW
Week 1: Work Residency & Visas
Week 2: Sponsorship & Education
Week 3: Rights of Overstayers
Online Webinar: April 14, 21 & 28
Papakura: April 15, 22 & 29
EMPLOYMENT LAW Week 1: Employment Law Overview Week 2: Minimum Entitlements Week 3: Redundancy & Dismissal
Week 4: Personal Grievances & Resolving
Disputes
Online Webinar: May 5, 12, 19 & 26
Papakura: May 5, 13, 20 & 27
CARE OF CHILDREN LAW
Week 1: Care of Children Act 2004
Week 2: Parenting & Guardianship
Week 3: Non-Removal Orders &
The Hague Convention
Week 4: Family Justice System
Online Webinar: June 2, 9, 16 & 23
Papakura: June 3, 10, 17 & 24
LEGAL LUNCHBOX
FREE Legal Education
Legal Education UPCOMING
SESSIONS
We currently have 2 on-air legal
information slots which are part of
our preventative services. We
provide these services every
Wednesday. Each week we look at a different area of
law. The details of our on-air services are as follows:
Planet FM: Kiribati Voice, from 1:00pm
Radio 531pi: Pacific Drive Time, from 2:00pm
To listen to our on-air services, tune in, live via the links
below:
ON AIR
Legal Services
LEGAL EDUCATION
Our legal education sessions are part of our preventative
services which aim to reduce the number of legal disputes
occurring in our communities.
Through our legal education services, we seek to inform,
and educate the community on their legal rights and re-
sponsibilities in relation to various legal topics.
It is also an opportunity for individuals to ask questions
about specific areas of law they may not understand.
For more information on our Legal Education sessions
visit the education tab on our website to download/view
our education booklet or contact us on (09) 274 4966
10
LEGAL LUNCHBOX FREE LEGAL EDUCATION
Community Legal Services South Trust Phone: (09) 274 4966 Email: [email protected] Web: www.clsstlaw.com (education tab)
Tenancy Law
SERIES 2: March 2015
Week 1: Flatting & Boarding
Week 2: Residential Tenancies Act
Week 3: Rates, Rent, Bond & Utilities
Week 4: Housing NZ & Tenancy Tribunal
CAB PAPAKURA
4a Opaheke Road,
PAPAKURA
Wednesdays: 12.15pm-1.15pm
March 11, 18 & 25
ONLINE WEBINAR
Details provided upon registration
(subject to number of registrations)
Tuesdays: 12.15pm-1.15pm
March 10, 17 & 24
SERIES DETAILS
Sign up for FREE!
11
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
2 King Street
Pukekohe
Appointments available:
Fortnightly on Tuesday
Manurewa
Manurewa Marae
81 Finlayson Ave
Manurewa
Appointments available:
Wednesday
Saturday Legal Advice Clinic CLSST Office
120 Bairds Road, OTARA
Appointments or Walk-ins:
Fortnightly on Saturday
(30 mins appointments from 9am-12pm)
NB: Walk-ins seen according to order of
arrival
OUTREACH CLINICS: Our Community
MAORI LAND CLINIC FREE MAORI LAND ADVICE
TE MATA LAW:
1 April 2015
3 June 2015
5 August 2015
7 October 2015
BENNION LAW:
4 March 2015
6 May 2015
1 July 2015
2 September 2015
4 November 2015
A free Māori Land Advisory Clinic provided in partnership with the Te Mata Law, Bennion Law and
Manurewa Marae, (First Wednesday of every month - by appointment only). Below are the dates for the
2015 Māori Land Advisory Clinics:
CLINIC DETAILS:
Manurewa Marae
81 Finlayson Ave
MANUREWA
30mins appointments
from 10am -1pm
For more information or to book an appointment (with a lawyer) contact
Wi Pere Mita: (09) 274 4966 or [email protected]