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 newsletter@clsstlaw.com

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: manager@clsstlaw.com

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: education@clsstlaw.com 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 wipere.mita@clsstlaw.com