Legal lowdown newsletter#14

© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 1

LEGAL LOWDOWN

LAW REFORM p2 I NEWS p3 I COMMUNITY p4 I EDUCATION p6-7 ISSUE

14

AUGUST 2014

COMMUNITY LEGAL SERVICES SOUTH TRUST FOLLOW US:

A Review of In-Court Media Rules

Proposed lower Breath Alcohol Limit

The Land Transport Amendment (No 2) 2014 which became

law on 7 August 2014 will mean that from 1 December 2014,

the alcohol blood limit for drivers over the age of 20 will be

reduced from 400 micrograms of alcohol per litre of breath, to

250mcg.

The blood alcohol limit will reduce from 80 milograms of alco-

hol per 100ml of blood, to 50mg.

Source: NZ Parliament Website

In-Court Media Review

In August 2013 it was announced that there would be a review into the current framework that is in place for in-court media. The current

framework has been in place since 1995 and is being reviewed with the aim of determining how the guidelines are currently operating,

whether appropriate safeguards are in place, and whether major changes are necessary.

In March 2014 a consultation paper was released and distributed to a number of organisations and individuals in the justice and media sec-

tors, as well as being published on the Courts of New Zealand Website. The aim of the consultation paper was to invite the public to pro-

vide feedback to the Chief Justice’s Review Panel for In-Court Media.

The Public were given an opportunity to provide feedback by way of submissions with responses to those submissions received by 11 July

2014. A number of submissions have been received from key legal bodies, as well as media organisations and academics.

From the submissions received, the Panel will a draft report which will be circulated, and submitters will be given a further opportunity to

comment before a final report is forwarded by the Panel to the Chief Justice. There are a number of options for the Panel to consider.

These range from keeping the existing regime as it is, the introduction of a fixed camera in the courtroom, a ban on photographing witness-

es or defendants, reducing protection of witnesses and defendants, or a number of other alternatives. In examining the alternatives a re-

view has also occurred of developments in similar jurisdictions to assist the Panel in determining the most appropriate way forward from

here.

Sources: New Zealand Law Society & New Zealand Courts website

http://www.clsstlaw.com

mailto:[email protected]


Review of the Privacy Act

1993

Large amounts of personal information are now stored

online and transmitted digitally. Our current privacy laws

have not been updated to reflect the advances in technolo-

gy. The current Act came into force in 1993, and given the

changes to the technological world, these laws require up-

dating so that New Zealanders have confidence that their

private information is safe.

Government agencies and business organisations that col-

lect people’s personal information will be required to report

privacy breaches, and if they fail, they could be fined up to

$10,000. The proposed changes will also create new privacy

offences. It will be illegal to impersonate a person to obtain

or alter their information, and it will also be illegal to destroy

documents containing personal information that a person

has sought access to. Both offences will carry a fine of up to

$10,000.

Improvements will also be made to information that is

shared online, and it will introduce measures to address

damaging online communications. A new offence will be

created for using a communication device with the intent of

causing harm, where the communications are grossly offen-

sive, indecent, or false. The offence will also cover serious

instances of intimate recordings being published online

without a person’s consent and it will carry a penalty of up

to 3 months imprisonment.

The reforms will give people greater confidence that agen-

cies are handling their information appropriately. The chang-

es will also ensure people’s privacy is better protected. Fur-

thermore, it will be easier for agencies to comply with the

Act and to make good decisions about privacy issues.

For more information about privacy laws in New Zealand

please see the Privacy Commission website:

www.privacy.org.nz

Sources: www.beehive.govt.nz

Gambling Amendment Bill

(No 3)

This Bill intends to make a number of changes to the Gam-

bling Act 2003 which provides a regulatory framework for

gambling in New Zealand. The Bill was introduced to Parlia-

ment on the 21st May 2014 by the Hon Peter Dunn and is

still at an introductory stage.

The Bill relates to what is classified as Class 4 gambling,

which is gambling on non-casino electronic machines

(known as ‘pokies’) in bars and clubs. These venues are enti-

tled to be paid by corporate societies, which are licensed

gambling operators, for the costs associated with having the

gambling machines at their venues.

A key purpose of the Gambling Act is to ensure that money

from gambling benefits the community and limits opportuni-

ties for crime and dishonesty associated with gambling. The

Bill proposes a small number of improvements to ensure this

purpose of the Act is fulfilled.

Some of the improvements include; increasing transparency

of grant-making from the proceeds of Class 4 gambling, re-

ducing conflicts of interests between operators and recipi-

ents, improving transparency surrounding management

companies that provide operators with services, simplify

compliance and reduce costs for operators and venue own-

ers and ensure the efficiency of the appeals process is not

undermined.

Source: NZ Parliament Website

LAW REFORM: Changes to current laws

Did you know: You can monitor

the progress of a Bill through

Parliament via the Parliament

Website at http://

www.parliament.nz/en-nz




LAW NEWS: News in Community Law

PARENTAL LEAVE FOR EMPLOYEES

Parental leave is about the entitlement to paid and unpaid leave for new or expecting mothers and their partners, as well as new

adoptive parents. This is governed by the Parental Leave and Employment Protection Act 1987 (the Act). Parental leave includes

maternity leave, partner/paternity leave, special leave and extended leave (shared between partners).

What does parental leave mean for your job?

Generally, employers are obliged to keep the employee’s job open if they take parental leave that they are eligible for under the

Act. For parental leave of four weeks or less, the job must be kept open unless a genuine redundancy occurs. A “genuine redundan-

cy” is “determined in relation to the position, not the incumbent” (NZ Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739) and

must be made for valid commercial reasons. For further information, please refer to the Ministry of Business, Innovation and Em-

ployment website.

If the employee takes parental leave of more than 4 weeks as allowed under the Act, the employer is usually required to keep the

employee’s position open unless the employer can prove a genuine redundancy or that the job is a “key position” that cannot rea-

sonably be filled by a temporary replacement. Employees can challenge a classification by the employer that the job is a “key posi-

tion”. The Department of Labour’s Parental Leave guide notes that very few jobs are in fact key positions.

Employees cannot be dismissed for being pregnant or for applying for parental leave.

Who is entitled to parental leave?

The Act provides for specific tests to be met for the different types of leave available. Broadly speaking, any employee must have

been working for the current employer for not less than 6 months to qualify for maternity or partner/paternity leave. For entitle-

ment to extended leave, employees must have worked for their current employer for not less than 12 months.

Maternity Leave and Payment Entitlements for Mother or Adoptive Mother

Currently, a birth mother or an adoptive mother (from when she assumes care of a child under 6 years old with a “view to adop-

tion”) are entitled to take 14 weeks of maternity leave and claim 14 weeks of taxpayer-funded parental leave payments if she has

worked for the same employer for an average of at least 10 hours per week over the last 6 months.

Maternity leave must be taken in one continuous period. The employee can choose a date that maternity leave begins, provided

that it is not more than 6 weeks before the expected date of delivery or the date when she first assumes the care of the child. The

commencement date can be changed with agreement between the employer and the employee.

From 1 July 2014, the maximum amount of parental leave payments for employees is $504.10. For adoptions, if 2 spouses or part-

ners assume care of the child jointly, then they must jointly nominate one of them to be primarily entitled to the payment.

A pregnant female employee that is eligible for maternity leave is also eligible for unpaid special leave of 10 days. These can be

used for any reason connected with the pregnancy .

Continues….




Partner/Paternity Leave for Spouse or Partner

The spouse or partner of a pregnant woman or adoptive mother will usually be entitled to unpaid partner/paternity leave of 2

weeks if they have worked for the current employer for an average of at least 10 hours per week over the last 12 months, or 1

week if they have worked for the current employer for an average of at least 10 hours per week over the last 6 months. The leave

must be taken in one continuous period.

Extended Leave

Employees (mother or spouse/partner) who have been employed by their current employer for an average of 10 hours per week

over the past 12 months will qualify for unpaid extended leave. If both the mother and her partner/spouse qualify, both parents

may take extended leave for a combined period of 52 weeks less any period of maternity leave taken. In this case, one spouse

could take the full entitlement, both can share it concurrently or at different times.

Transferring Paid Parental Leave

A mother entitled to paid parental leave may transfer up to 14 weeks of parental leave payments to a spouse or partner that has

been employed by his current employer for at least an average of 10 hours a week over the last 6 months.

Parental Tax Credits

Parental tax credits are only available to people who had a new-born baby where their family income doesn’t include paid parental

leave or other specified government assistance (income-tested benefit, student allowance, ACC compensation unless it’s for less

than 3 months, veteran’s pension, NZ Superannuation).

Changes to Duration of Paid Parental and Amount of Payments

The changes to parental leave coming into force are regarding the period for which a person is entitled to receive parental leave

payments and the amount of those payments.

Under the Parental Leave and Employment Protection Amendment Act 2014, the duration of maternity leave period and for pater-

nal leave payments will be increased from 14 to 16 weeks on 1 April 2015, and from 16 to 18 weeks on 1 April 2016.

Parental tax credit amounts and payment durations will also be increased for babies born on or after 1 April 2015, from $150 per

week for eight weeks, to $220 per week for 10 weeks. Parental tax credits are only available to people who had a newborn baby

where their family income doesn’t include paid parental leave or other specified government assistance (income-tested benefit,

student allowance, ACC compensation unless it’s for less than 3 months, veteran’s pension, NZ Superannuation).




COMMUNITY LAW: Our Community

Celebrations fit for a King!

Our lawyer Wi Pere Mita was amongst the

celebrations at King Tuheitia’s 8th Anniversary

Coronation held from 16– 21 August 2014.

Supporting the Kingitanga (Maori King move-

ment) is important to CLSST given South Auck-

land’s connection with Waikato—Tainui and

local Marae and Iwi (tribes).

Tu mai koe Tuheitia! (Stand tall King Tuheitia)

Photograph: Nga Takere nui o Nga Waka

(Culture Group), King Tuheitia Coronation 16

August 2014.

Maori Language Bill

Introduced by Dr Pita Sharples and backed by the government, the Maori Language (Te Reo Māori) Bill would replace the historic 1987

Maori Language Act, which recognised Te Reo Maori as a Taonga worthy of Crown protection under the Treaty of Waitangi. The Maori

Language Act 1987 vested the responsibility of protecting Te Reo in the Crown. Although Dr Sharples acknowledged this act as a land-

mark piece of legislation that helped save the language from probable extinction, he stated in his address to Parliament on the 24th of

July that more Iwi (tribal) involvement was necessary to revitalise the programme of Te Reo’s preservation.

The current bill would create a new authority (Te Matawai) for overseeing the management of Te Reo, including the Maori Language

Commission (Te Taurawhiri i te Reo Maori), the Maori Broadcast Funding Agency (Te Mangai Paho) and Maori Television. Te Matawei

would consist of twelve members; seven representatives of Te Reo Maori dialects, three representatives from Maori Language organisa-

tions and two Crown representatives. Dr Sharples argues that Iwi deserve to have control over the future of their language, and this pro-

posal allows this whilst still maintaining the participation of the Crown. The proposed bill retains several other provisions, including one

that reaffirms the status of Te Reo Maori as a Taonga.

The bill has some support from various Iwi and the backing of the National party. However it is opposed by both the Labour and Mana

parties, and a number of Maori leaders have expressed disapproval, saying that Dr Sharples did not consult them before proceeding with

his bill.

Sources: New Zealand Parliament website




OUTREACH CLINICS: Serving Our People

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


Thursday

Pukekohe

Heartland Services

2 King Street

Pukekohe


Fortnightly on Tuesday

Manurewa

Manurewa Marae

81 Finlayson Ave

Manurewa


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

RADIO 531pi

This month our Radio 531pi Legal Information topic was

Domestic Violence. Our weekly sessions covered (over

four weeks) the Domestic Violence Act 1995, Protection

Orders & Police Safety Orders, Restraining Orders &

Trespass and victim support services.

Tune in to Radio 531pi from 2pm every Tuesday to listen

to our Legal Information sessions.

You can listen online via the following link:

www.radio531pi.com

LEGAL INFORMATION

THANK YOU!

A big thank you to our student volunteers who as-

sist in bringing this newsletter to our readers.

We would also like to acknowledge our volunteers

who assist with other areas of our services We real-

ly appreciate your efforts!

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