1

LEGAL LOWDOWN

ISSUE

26

August 2015

COMMUNITY LEGAL SERVICES SOUTH TRUST

2 Flatmates vs Tenants 3

Enduring Power of Attorney

HEALTH AND SAFETY LAWS

The Health and Safety Reform Bill has passed and the new law (the Health and Safety at Work Act) will come into force 4 April 2016. The Bill replaces the Health and Safety in Employment Act 1992 and is a part of “Working Safer” which is aimed at reducing New Zealand’s workplace injury and death toll by 25% by 2020.

There are a number of objectives that the law reforms hope to achieve as follows:

(a) Reinforce proportionality: A workplace must have appropriate risk management measures in place, based on the level of risk and size of workplace.

(b) Focus on identifying & managing critical risks as opposed to trivial hazards.

(c) Focus on what are reasonably practicable health and safety measures for workplaces.

(d) Focus on conduct of work as opposed to physical workplace. (e) Supports engagement and participation with workers to promote

flexibility to suit business size and need.

5 Status of Maori Land 6 Tenancy law reform

HEALTH & SAEFTY LAW REFORM Health and Safety at Work Act

A set of regulations are currently being developed to supple-ment the new law reforms.

There will also be a requirement for all large businesses and small business in high risk sectors to have a health and safety representative if a worker requests such. There will also be a requirement to consider establishing a health and safety com-mittee if 5 or more workers or a health and safety representa-tive requests such.

The new laws also provide for penalties for serious offences for both individuals and corporate entities for reckless conduct that results in the death of a worker. The maximum penalty is a $3million fine or 5 years imprisonment for individuals.

For more information on these law changes, please see the MBIE website.

Source: Ministry of Business Innovation and Employment

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A person who shares a

property with a Tenant(s)

but does not have a legal

relationship with the

property (landlord)

FLATMATE TENANT

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AUCKLAND COUNCIL has intro-

duced a new Animal Management Bylaw

2015.

PURPOSE

The purpose of the bylaw is to provide

for the proper management of bees,

stock and horse riding so to:

(a) protect the public from nuisance;

(b) maintain & promote public health & safety;

(c) minimise the potential for offensive behaviour

in public places, and

(d) manage animals in public places.

OBLIGATIONS

The Bylaws impose certain obligations on

animal owners including obligations to:

(a) Ensure that the animal does not intimidate or cause nuisance

or risk to public health and safety.

(b) Comply with bee and stock keeping controls and licenses

(clause 9 and 10 of bylaws)

(c) Not intentionally bring animals into recreational parks unless

consent is granted by Council, signage allows such and the

owner complies with conditions of entry or presence of animal.

OFFENCES

A person can be liable for penalties under the Local Govern-

ment Act 2002 or Health Act 1956, for breaching the new

bylaws.

Penalties under the Local Government Act 2002 include:

Injunctions, removal of works in breach of bylaws, seizure and

disposal of property (on private and non-private land), recovery

costs for damage caused by willful or negligent behavior or a fine

not exceeding $20,000 for a person convicted of an offence

against a bylaw.

Penalties under the Health Act 1956 include:

Penalties for permitting or causing nuisances, owners or occupiers

may be required to cleanse premise, penalties for offences punish-

able on summary conviction or a fine not exceeding $500 an in the

case of a continuing offence, to a further fine not exceeding $50

for every day on which the offence has continued.

For more information on these new bylaws, please see the

Auckland Council website.

ANIMAL BYLAWS

© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 3

ENDURING POWER OF ATTORNEY

The Office for Senior Citizens has announced the release of

new resources to assist families and other organisations to

prepare Enduring Power of Attorney documents.

The latest online resources include:

(a) videos explaining Enduring Powers of Attorney;

(b) Information pamphlets about the Enduring Power of At-

torney process;

(c) Enduring Power of Attorney templates for:

(i) Personal care and welfare;

(ii) Management of property;

(iii) Witness certificate; and

(iv) certificate of non-revocation

These resources are available for viewing or download from

the Ministry of Social Development website.

In addition to the information and resources above, the Minis-

try of Social Development website also has links to other

useful sites such as the national Community Law website.

Source: Ministry of Social Development

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5

NGĀ TAKE MĀORI Issues affecting Māori communities

STATUS OF MĀORI LAND

I roto I ngā marama kua hori kua āta wānanga a Aotearoa I ngā

panonitanga i Te Ture Whenua Maori Act 1993, heoi, kaore ano

kia puta ētahi panonitanga tuturu. I tēnei wā, ka titiro tātou ki

ētahi wahanga o Te Ture Whenua Maori Act 1993.

There are two types of “Māori land” – namely, Māori free-

hold land and Māori customary land. However, a third cate-

gory of land – General land owned by Māori – is also subject

to some of the provisions of Te Ture Whenua Māori Act

1993.

Māori freehold land

This is land where Māori customary interests have been

converted to freehold title by the Māori Land Court or its

predecessors by a freehold order. This land has therefore

never been out of Māori ownership. Most Māori freehold

land was created by the Land Courts in the 19th and early

20th centuries as part of a drive to convert communal own-

ership to individual title. Māori freehold land continues to be

Māori land until the Māori Land Court changes its status.

Today almost all Māori land is Māori freehold land. There

are about 1.47 million hectares of Māori freehold land,

which makes up roughly five percent of all land in Aotearoa.

Māori customary land

This is land that is held by Māori in accordance with tikanga

Māori and that was never converted to Māori freehold land

by the Land Courts, so that Māori have the same title to it

as they had in 1840. Very little Māori customary land exists

today and therefore in practical terms “Māori land” means

only Māori freehold land.

General land owned by Māori

“General land” refers to ordinary privately owned freehold

land, and the category “General land owned by Māori”

means General land that is now beneficially owned either by

one Māori person or by a group of people the majority of

whom are Māori.

© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com

Changing from General Land to Maori Land

You’ll need to lodge an application with the Māori Land

Court, accompanied by a current certificate of title from

Land Information New Zealand. Your application will need

to satisfy the court either:

that all the owners agree to the change in status to

Māori freehold land, or

that the land can be managed or used effectively as

Māori freehold land and that a sufficient proportion of

the owners agree to the change.

Changing from Maori Land to General Land

This is subject to a number of significant restrictions. The

change requires an order from the Māori Land Court, and

the court must be satisfied:

that the land is beneficially owned by no more than 10

owners

that there is no trust over the land

that the title to the land is, or can be, registered under

the Land Transfer Act 1952

that a sufficient proportion of owners agree to the

change and have had enough time to consider it, and

most importantly, that the land can be managed or

used more effectively as General land.

The requirements are different, however, if the land is

owned by an incorporation or by the trustees of a Māori

land trust.

For more information about applying to change the status of

land, please see the Maori Land Court website.

Source: Community Law Manual

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PASEFIKA ISSUES TENANCY LAW CHANGES ‘Ihe mahinani ōku mau vakai ‘a e ngaahi fetongi ki he lao

“tenancy” pe koe nofo ‘api totongi )rent).

Tenancy Laws have changed with new requirements for in-

sulation, smoke alarms, better enforcement and faster reso-

lution of abandoned tenancies.

The new laws will come into effect in two stages:

Stage 1 (1 July 2016): requirement to retrofit ceiling and

underfloor insulation in rental homes over the next four

years, for social housing that is heavily subsidised by Govern-

ment; and

Stage 2 (1 July 2019): requirement to retrofit ceiling and

underfloor insulation in rental homes over the next four

years, for all rental housing including boarding houses.

The average cost of retrofitting both ceiling and floor insula-

tion is approximately $3,300.

EXEMPTIONS

The exemptions to these new requirements will be where it

is physically impractical to retrofit insulation due to limited

space underfloor or inaccessible raked ceilings.

TENANCY AGREEMENTS

From 1 July 2016, there will also a be a requirement for

Landlords to state in tenancy agreements the level of ceiling,

underfloor and wall insulation to help better inform tenants.

SMOKE ALARMS

Along with this requirement, landlords must ensure that all

tenanted properties have working smoke alarms (10 years

photoelectric alarms will be required where there is no ex-

isting alarm or when replacing an existing alarm). It is then

the responsibility of the tenant to replace batteries or notify

the landlord of any defects with the alarms.

This process will cost approximately $40 for a smoke alarm

and approximately $12 for a battery (to be replaced every 6-

12 months)

MINISTRY OF BUSINESS, INNOVATION &

EMPLOYMENT

Also under the new law changes, The Ministry of Business,

Innovation and Employment will have new powers to investi-

gate and prosecute landlords for breaking tenancy laws as

part of these reforms, particularly where there is risk to the

health and safety of tenants.

TENANCY TRIBUNAL PROCESSES

The changes will also ensure tenants can take concerns to

the Tenancy Tribunal without fear of being evicted for doing

so. The maximum penalty that can be imposed by a landlord

for giving a retaliatory notice is a $2,000 fine. A retaliatory

notice is where a landlord gives notice (to terminate tenancy

or otherwise) by virtue of a tenant exercising his or her

rights under law (for example, taking concerns to the Tenan-

cy Tribunal to resolve).

The changes also bring about a streamlined process whereby

landlords can re-tenant a property that has been abandoned

by a tenant who has no intention of returning. This process

will take 10 days as opposed to up to 6 weeks under the

current regime.

The Tenancy Tribunal can also grant a work order (where a

landlord is required to complete work on a property so that

it complies with the existing laws) or exemplary damages of

up $3,000. Exemplary damages is compensation for any loss

suffered by the tenant due to the landlords failure to comply

with the existing laws.

For more information on the new changes, please see the

Ministry of Business, Innovation and Employment website

Source: Beehive

© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 6

7

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

Send in your news

If you have any news or notices, please send them to news-

letter@clsstlaw.com

© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 7

#452 education participants this month

#28 education sessions delivered this month

#Top 5 education sessions in August: 1. Employment Law

2. Care of Children

3. Domestic Violence

4. NZ Legal Systems

5. Maori Land

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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

6A Rouslton Street

Pukekohe

Appointments available:

Fortnightly on Tuesday

Manurewa

Manurewa Marae

81 Finlayson Ave

Manurewa

Appointments available:

Wednesday

Cover photo credit: Forktruck Direct UK

OUTREACH CLINICS: Our Community

TE MATA LAW:

7 October 2015

BENNION LAW:

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 wipere.mita@clsstlaw.com

MAORI LAND CLINIC FREE MAORI LAND ADVICE

© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 8