1
LEGAL LOWDOWN
ISSUE
21
March 2015
COMMUNITY LEGAL SERVICES SOUTH TRUST
2 CONSUMER LAW Private Sales 5
CRIME STATISTICS 7 YOUTH &
ALCOHOL
Kia Ora, Talofa, Malo e Lelei, Kiaorana, Bonjour, Hola, Bula Vinaka, Kon-
ichiwa, Namasté, Hello!
Race Relations Day is an opportunity for communities to increase their
awareness about cultural diversity in New Zealand.
Given the cultural and ethnic diversity of our South Auckland communi-
ties, we are proud supporters of race relations in New Zealand This year,
we supported Race Relations Day 2015 by producing a multi-language
video resource based on the theme “big change starts small”.
To watch our Race Relations video, please see page 10 of our Legal
Lowdown.
The Human Rights Commission has also produced some informative Race
Relations Day posters that can be accessed via their website:
www.hrc.co.nz/news/race-relations-day-2015-big-change-starts-small/
BEST WISHES CATHERINE
This month we said farewell
to our colleague Catherine
Helm who is jet setting
overseas.
Catherine joined our team in
2012 and dealt mainly with
our consumer and tenancy
matters.
We wish you all the best in
your future endeavors.,
Catherine.
8 MAORI ISSUES Maori Land 9 PACIFIC ISSUES 10 LEGAL LENS
Race Relations
Race Relations Day: 21 March 2015 Celebrating Cultural Diversity in New Zealand
2
CONSUMER LAW: BEWARE OF HOW YOU BUY
PRIVATE SALES
Buying consumer goods, privately, can be risky business as
the Consumer Guarantees Act 1993 and the Fair Trading
Act 1986 do not offer protection for private sales (such as
goods bought at garage sales or from a private person on
Trade Me rather than from a shop or busi-
ness)
This being said, there are other laws that
offer limited protection where a private sale
has gone wrong.
Misleading Statements
If the seller has made false representations about a good or
service and you have relied on such representation to pur-
chase the good or service, you may have grounds to seek
compensation for any money lost or cancel the contract
(i.e credit contract or hire purchase).
Good Title
The term “good title” means “a right to sell” and the law
provides that every seller must have the
right to sell goods (does not apply to ser-
vices).
If the seller has used the goods as security
for a loan or there is money owing on the
goods, this could mean that the seller does
not have “good title”.
If you have purchased goods from a seller who, unknown
to you, did not have good title, you may have grounds to
seek a refund or even compensation from the seller for any
loss you have suffered as a result of the consumer transac-
tion.
If you are sold goods with a security interest over or with
money still owed on the goods, the creditor (the person
who or company that holds the security interest) may be
able to repossess the goods. In this case, you may be able
to make a claim against the seller to recover any money
you have lost as a result of the sale.
Personal Property Securities Register (“PPSR”)
The PPSR is an online system where creditors register their
security interest over goods. The PPSR will show if there is
any money owing on a good. As a precaution, a potential buy-
er should always check the PPSR when making private pur-
chases as this will indicate whether the
seller has “good title”. To search the
PPSR you must first register (which is
free). Each search will cost you $3.
Faulty goods
If goods you have purchased are faulty, you may be entitled to
compensation or a refund based on how serious the fault is. If
you are entitled to a refund then you do not have to accept a
store credit note or replacement. If you can not agree with
the seller about how to resolve an issue over faulty goods,
you have the option of making a claim with the Disputes Tri-
bunal, for compensation.
Helpful Tips
#1 Always do your research. Do some background
checks on the seller - they might have a
sketchy history when it comes to con-
sumer transactions. Steer clear of these
people.
#2 Ask questions. Ask about
whether money is owing on the goods and about the condi-
tion of the goods you are buying. The seller must tell you the
truth.
#3 Get everything in writing. Make sure you record
everything in writing. This will be helpful later if there is a
dispute with the seller over any terms of the transaction.
#4 Read the fine print. If there is a contract (or other
document) make sure you read the fine print as it could con-
tain important terms and conditions. DO NOT SIGN a con-
tract if you do not understand anything you read.
Source: Community Law Manual
“private consumer sales
have less protection than
ordinary consumer sales”
“do not sign a contract if
you do not understand it”
3
The Audio Video Link Project is now complete. This project will allow prisoners to appear in Court without leaving prison.
Corrections Minister, Peseta Sam Lotu-liga confirms that 12 prisons which hold remand prisoners have the AVL, along with Auck-
land Prison (at Paremoremo) which holds the highest risk prisoners. Rimutaka in Upper Hutt is the latest prison to join the AVL
network.
Mr Lotu-Iinga says around 40,000 remand hearings occur each year. Court escorts reduced by nearly 5,000 over the last year, and
this is increasing.
The AVL network is used mainly for procedural hearings, such as list appearances, call-overs and bail hearings. It can also be used
for trials, with the consent of the defendant. The technology is also used for parole hearings and to allow prisoners and their fami-
lies to keep in touch.
The cost of installing the latest phase of AVL was $10.68 million. The programme is enabled by the Courts (Remote Participa-
tion) Act 2010.
Source: beehive.govt.nz
PRISON: AVL Court/Prison Link Project
LAW REFORM PIPELINE
In February this year the Prime Minister an-
nounced the government’s plan for law reform
in 2015, with considerable focus on strengthen-
ing minimum employment standards.
In April 2015, paid parental leave will be extend-
ed from 14 weeks to 16 weeks. Changes to
Health and Safety in Employment Act 1992
which are due to come in to force in April
2015.
The Government is also looking to amend the
Resource Management Act “to provide more
certainty, timeliness and cost-effectiveness
around resource allocation decisions.”
There are also proposed changes to the cyber
law which are aimed addressing cyber-bullying,
organised crime and online child abuse.
The government is also looking to reform legis-
lation relating to privacy, parole hearings and
support of victims of sexual violence.
Changes to the Te Ture Whenua Maori Act
1993 will also be introduced this year and pro-
gress is proposed to be made to Treaty of Wai-
tangi settlements with the aim of having these
resolved by 2017.
Source: Prime Minister’s Statement 2015
4
EMPLOYMENT LAW: CHANGES FROM 6 MARCH 2015
Major changes to employment law come into force this month.
Some of those key changes are:
Extending the right to request flexible working arrangements
to all employees
How employers and employees should agree on rest and meal
breaks
Establishing a process for the transfer of employees in some
industries if there is a restructure in the business or a change
in business owner
Clarifying the confidential information that employers are
obliged to give to affected employees in dismissal and redun-
dancy situations
Changes to collective bargaining: reaching new collective
agreements, opting out of multi-employer bargaining, remov-
ing the 30 day rule for new, non union employees and allowing
pay deductions of employees who take part in partial strikes.
Changes have also been made to paid parental leave (“PPL”).
These changes wont come into effect until 1 April 2015.
The PPL changes extend the maximum amount payable from 14
weeks to 16 weeks. These change apply only to an employee or
self-employed person if:
The expected date of delivery of their child is on or after 1
April 2015, but the child is born before that date or;
The child is born on or after 1 April 2015; or
In the case of adoption, if the date on which the carer as-
sumes the care of the child is on or after 1 April 2015.
Employers do not pay PPL as it is funded by tax payers.
For more information on these changes, please see the Ministry of Busi-
ness, Innovation and Employment website at www.dol.govt.nz/ppl
5
6
Visit from Minister of Consumer Affairs:
Otara
POLYFEST 2015:
Manukau
TE MATATINI 2015:
Christchurch
PASIFIKA 2015:
Manukau
“Community Legal Services South Trust, out and about in our community”
7
YOUTH
YOUNG PEOPLE
& ALCOHOL
DRINKING ALCOHOL LEGALLY
A young person aged 18 or over can drink alcohol in licensed premises.
A young person aged under 18 can drink alcohol in an undesignated area or in a su-
pervised area of licensed premises if they are accompanied by their parent or guard-
ian and the parent or guardian supplies the young person with the alcohol.
Although it's legal for your parent/guardian to buy you alcohol when you are under
the age of 18, it's against the law for someone else to buy you a drink. If they do,
they could be fined up to $2000
PURCHASING ALCOHOL
A young person aged 18 or
over can buy alcohol. A young
person aged under 18 cannot
legally buy alcohol, but de-
pending on where they are and
whether a parent or guardian
is with them, they may be able
to legally drink alcohol
LIQUOR BAN AREAS
Local authorities can make special rules (bylaws) that mean you're not allowed to have alcohol in particular public
places. This is called a “liquor ban”. In many places, a liquor ban means no one can have alcohol on the street, no
matter what their age.
Liquor bans don't apply in licenced premises (like bars or bottle shops) or if you are carrying unopened bottles
from a licensed premises to an area outside the liquor-free zone.
It's an offence to consume or possess alcohol in a liquor ban area. If you do, Police can ask you to tip out the alco-
hol, take it from you, or ask you to leave the area. If you refuse, Police can charge you for breaching the liquor ban.
You might have to go to court and could be fined up to $250.
USING FAKE ID
Someone who uses a fake ID, or someone else's ID, or gives or
lends an ID to an underage person knowing they intend to use
it to buy alcohol, is committing a crime and can be fined up to
$2,000. Using a fake ID is known as “fraud”.
It's likely that if staff at the club/bar/bottle shop/supermarket
discover that you're using a fake ID, they'll most likely take the
ID off you and tell you to leave the premises, then pass the fake
ID on to the Police.
SELLING ALCOHOL TO MINORS
Anyone who sells or supplies alcohol in licensed
premises to anyone under 18 is liable to a fine of
up to $2,000, or in the case of the licence holder
or manager of the licensed premises, a fine of up
to $10,000.
It is a defence if the defendant proves that the
person who sold or supplied the alcohol
checked ID and believed, on reasonable grounds,
that the person to whom it was sold or supplied
had reached the age of 18
Source: Community Law Manual
8
NGĀ TAKE MĀORI Issues affecting Māori communities
TOITU TE WHENUA, WHATUNGA-
RONGARO TE TANGATA.
Kua puta te karere a Te Ururoa Flavell (Minita Whanaketanga
Māori) e pā ana ki te kowhiringa o te tira, mā rātou ngā wha-
kahoutanga i Te Ture Whenua Māori Act 1993, e arahi. E
whai ake nei, ko ētahi pitopito korero e pā ana ki ngā mema
o taua tira, me te kōrahi hoki o ngā mahi o taua tira.
Te Ture Whenua Māori Act 1993 [Te Ture Whenua Māori
Act 1993] has been reviewed and the Government is drafting
a new Te Ture Whenua Māori Bill to reform the governance
and management of Māori land based on the review’s out-
come.
In short, the aims of the proposed law changes are:
Better law – a legal framework that:
(a) supports and promotes the retention and use of Māori
land by its owners;
(b) empowers owners of Māori land to pursue their aspi-
rations and to realise the economic potential of their
land;
(c) respects the intrinsic cultural significance of Māori
land;
Better services – an institutional framework that:
(a) provides an effective alternative to litigation to resolve
disputes;
(b) supports owner decision-making and encourages
participation;
(c) ensures Māori land ownership and title records are
accurate and accessible;
(d) gives owners of Māori land the information they need,
when they need it;
(e) makes it simple to register Māori land governance
bodies;
Better outcomes – reforms that lead to:
(a) Māori land owners making and acting on their own
decisions;
(b) fuller and more effective utilisation of Māori land;
(c) disputes resolved effectively with less relationship dam-
age; and
(d) enhanced standing of the Māori Land Court as a
judicial forum.
Te Ture Whenua Māori Ministerial Advisory Group
The Hon. Te Ururoa Flavell has appointed Kingi Smiler, Traci
Houpapa, Spencer Webster, Linda Te Aho, Sacha McMeeking,
Matanuku Mahuika and Dr Taniera Kingi to the Ministerial
Advisory Group whose role is to provide independent advice
to Te Minita Whanaketanga Māori on the development of an
exposure draft of Te Ture Whenua Māori Bill and the Māori
Land Service from the perspective of those who operate
within the Māori land regime.
The Advisory Group is made up of lawyers, lecturers, ac-
countants, Māori development directors and economists. All
of the Advisory Group members have experience in dealing
with Māori land development.
Key features of the bill will include:
The same high threshold for selling or gifting Māori free-
hold land as currently required with owners able to set
higher thresholds;
Provisions for keeping the Māori Land Court as a key
institution but with a more judicial focus and less admin-
istrative or managerial functions;
Ability for owners to make key decisions themselves with
compliance measures limited to those things essential to
ensure the process is fair and transparent;
A framework for Māori land governance bodies that ena-
bles owners to appoint whatever form of governance
body they choose, with an option for owners to form
their own legal entity and agree its constitution;
An alternative dispute resolution service to assist parties
to resolve issues concerning Māori land quickly, effec-
tively and in accordance with the tikanga, values and ka-
wa of the hapū associated with the land both as to pro-
cess and substance;
An administrative process for the majority of succes-
sions;
An option for owners of existing Māori freehold land to
convert to collective ownership.
For more information about the Advisory Group or the Te
Ture Whenua Māori Act 1993 reforms, please follow the
links above.
Sources: Terms of Reference, Te Ture Whenua Māori Ministerial
Advisory Group & Te Puni Kokiri
9
PASEFIKA ISSUES UNINVITED DIRECT SALES
O le auala masani ete faatau ai se oloa po’o se
auaunaga a se kamupani o le faatino lea o le faa-
tau I le fale-oloa po’o le ofisa o le kamupani. Peitai,
e I ai taimi e afea ai pe telefoni atu foi se faatau-
oloa I lou laoa po’o lou maota, e faatau atu ia te
oe sa latou oloa po’o se auaunaga. O faatauga oloa
po’o auaunaga e le sili atu ma le $100 e faatino I
lou laoa po’o lou maota e tau lea I le
tulafono o le “Faatauga Tuu-sao e le’I
Vala’aulia”. E tatau ona faatagia e faa-
tau oloa aiaiga o le tulafono e faasino I
faatauga tuu-sao e le’I vala’aulia I le
taimi o feutagaiga ma le faatinoina o le
faatauga. O se faamatalaga lenei e toe
faamanatu tulaga masani e faasino I
faatauga tuu-sao e le’I vala’aulia.
Uninvited direct sales (formerly known as door-to-door
sales) and telemarketing sales are common ways in which
businesses market and sell their goods or services. A sales-
person may contact you by phone or show up at your home
without invitation to persuade you to buy a good or service
they are selling. This salesperson can be referred to as
“uninvited salesperson”.
However, you must always remember that
you have no obligation to purchase a good or
service from the uninvited salesperson. If you
do not want to listen to the uninvited sales-
person, you can hang up the phone or tell
him or her to leave your property. Likewise,
if you feel pressured by the uninvited sales-
person.
If you purchase a good or service from the uninvited salesper-
son, your purchase is an uninvited direct sale (“UDS”). The
uninvited salesperson must follow certain steps for the UDS
to be enforceable against you.
The first step is your UDS must be witnessed in writing
through a UDS agreement or contract (“the UDS contract”).
The uninvited salesperson must give you a completed UDS
contract after it is signed by you and the uninvited salesper-
son.
Before entering into an uninvited sales agreement, the sales
person must advise you, verbally, of your right to can-
cel a UDS contract within 5 working days, as well as
how you may go about cancelling the UDS contract.
A UDS contract must be in plain language and legibly written.
It must set out, in the front page, the following information:
Clear description of the goods or
services supplied;
Summary of your rights to cancel;
Total price payable or the method in
which the total price is calculated.
If the UDS contract does not contain the above information,
the rights of the uninvited salesperson’s company, under the
UDS contract, may not be enforced against you.
Once the UDS contract is signed by you and the sales person
MUST give you a copy of the UDS contract immediately.
If you change your mind after signing the
UDS contract, you must remember, your
right to cancel must be exercised within 5
working days from the date you were giv-
en a valid UDS contract.
In the next edition, we will cover cancella-
tion of the UDS contract.
If you would like further information around door-to-door
sales, you may contact any one of the following sources:
Commerce Commission - www.comcom.govt.nz
Ministry of Consumer Affairs - www.consumeraffairs.govt.nz
Community Legal Services South Trust – www.clsstlaw.com
“the salesperson must
tell you about the right to
cancel”
“you have the right to
say NO!”
10
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.
RACE RELATIONS This month our Legal Lens looked at race relations in New Zealand.
We are a multi-cultural office here at CLSST and we wanted to share
our thoughts about race relations.
Please click on the link below to watch this month’s Legal Lens:
For past episodes of our Legal Lens, please visit our Youtube channel
Thank you for watching.
“we are all in it
together”
“live together in
unity”
“we are all on the
same waka”
11
IMMIGRATION LAW
Week 1: Work Residency & Visas
Week 2: Sponsorship & Education
Week 3: Rights of Overstayers
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
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
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
Send in your news
If you have any news or notices, please send them to newslet-
12
LEGAL LUNCHBOX FREE LEGAL EDUCATION
Community Legal Services South Trust Phone: (09) 274 4966 Email: [email protected] Web: www.clsstlaw.com (education tab)
Immigration Law
SERIES 2: April 2015
Week 1: Work Residency & Visas
Week 2: Sponsorship & Education
Week 3: Rights of Overstayers
CAB PAPAKURA
4a Opaheke Road,
PAPAKURA
Wednesdays: 12.15pm-1.15pm
April 15, 22 & 29
SERIES DETAILS
Sign up for FREE!
13
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:
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]