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LEGAL LOWDOWN

ISSUE

23

May 2015

COMMUNITY LEGAL SERVICES SOUTH TRUST

2 HEALTH LAW Health Privacy 2 YOUTH WEEK

Youth Awards 6 MĀORI LAND Succession 7 SAMOAN ISSUES

Samoan Language Week

IMMIGRATION LAW Exploitation of Migrant Workers

IMMIGRATION AMENDMENT ACT (NO 2)

The Immigration Amendment Act (No2) was passed into

law on 30 April 2015, confirming a number of changes to

the Immigration Act 2009. These amendments are focused

towards:

(a) addressing gaps in the Immigration Compliance regime

(b) Responding to opportunities provided by new technol-

ogies and

(c) Introducing measures to address the exploitation of

migrant workers.

CLSST has dealt with numerous exploitation of migrant

worker cases in recent months and we welcome the

amendments, above.

Immigration NZ statistics for the current year show that...

...New Zealand has received 162,863 Work Visa applica-

tions, to date. Only 154,218 of those applications were

approved.

Exploitation of migrant workers includes bullying, payments

of less than minimum wage, withholding wages, working

without holiday and threats of deportation.

Immigration NZ has some helpful multilingual information

pamphlets about exploitation of migrant workers available

on their website: http://www.immigration.govt.nz/migrant/

general/generalinformation/migrantexploitation/

If you, or someone you know is a victim of migrant exploi-

tation in the work place, please call our office on (09)

2744966 for advice or email us at admin@clsstlaw.com

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HEALTH & DISABILITY HEALTH INFORMATION PRIVACY CODE 1994

The Health Information Privacy Code 1994 (“the Privacy

Code”) provides a set of rules that govern how health pro-

fessionals must deal with confidential and

private information belonging or relating to

their consumers. Health professionals in-

clude doctors, nurses, physiotherapists etc.

The Privacy Code also specifically deals pro-

tects consumers’ rights to access their own

health information. It also is an expansion of

the Privacy Act 1993, with a specific focus on health infor-

mation.

Complaints relating to breaches under the Privacy Code

can be referred to the Privacy Commissioner, in the same

way that a complaint can be referred for breaches under

the Privacy Act 1993.

COLLECTING INFORMATION

The Privacy Code provides that health pro-fessionals must collect health information directly from the consumer, not from other people.

Further, they can't collect information from

consumers in ways that are unfair or that

intrude unreasonably into their personal

affairs. (For example, health information

shouldn't be collected in a waiting room

where other people might overhear.)

RELEASING INFORMATION

In general, health professionals can't disclose (reveal) a con-

sumer's health information to others.

However, there are some exceptions. Health professionals

can give a consumer's information to others if:

this is necessary to avoid a serious and imminent danger

to...

...the consumer or to someone else, and if it isn't desirable or prac-

ticable to get the consumer's consent to this. In this case, health

professionals can only give the information to people who are in a

position to do something about the threat.

a specific law requires the health pro-

fessional to release the consumer's infor-

mation (for example, if there's a risk to

someone's safety, or for statistical purposes)

they are discussing the consumer's care

professionally with other doctors or medical

staff as appropriate (in this case, they must keep the infor-

mation confidential).

ACCESSING INFORMATION

Consumers have the right to see their personal medical rec-

ords at any time and to get a copy of these records. They can

be refused access to their records only in limited situations.

For example:

if the information held also involves information about some-

one else, and releasing the information to the

consumer would be an unjustified breach of

the other person's privacy, or

if giving the information would be likely to

endanger any person's safety.

Health professionals in the public sector

can't charge consumers for giving them

their health information. Health profes-

sionals in the private sector usually can't

charge, but they can charge a reasonable fee in the following

two situations:

for copies of X-rays, video recordings, MRI scan photographs,

PET scan photographs, or CAT scan photographs, or

if a consumer has already asked for the same, or substantially

the same, information in the last 12 months.

For more information, contact CLSST on (09) 274 4966 or email

admin@clsstlaw.com

Source: Community Law Manual

“health professionals

must collect information

directly from consumers”

“complaints relating to

breaches can be referred

to the

Privacy Commissioner ”

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YOUTH WEEK I 23-31 MAY 2015

...She provides that “it is good to see that our service mod-

el is working, which is evident through the regional and

national recognition Taiohi Whai

Oranga has received. It is our intention

now to provide support through pro-

grammes to more of the youth justice

sector and we would love to see the

incorporation of lay advocate work in

our services model.”

For more information on Taiohi Whai

Oranga services and programmes, please visit the Manure-

wa Marae website by following the link below:

www.manurewamarae.co.nz/taiohi-whai-oranga.html

NZ SIGN LANGUAGE WEEK

The purpose of NZ Sign Language (“NZSL”) week (4-

10 May) is to promote NZSL and to celebrate the deaf

community in Aotearoa.

NZSL week is organised by Deaf Aotearoa which has

created some fantastic resources to assist Aotearoa

with learning NZSL.

To learn more about NZSL or to download some of

the deaf awareness resources, please see the NZSL

website by following the link below:

www.deaf.org.nz

SOUTH AUCKLAND YOUTH SERVICE

PROVIDER TAKES OUT TOP YOUTH AWARDS

Taiohi Whai Oranga, a youth service provider based at

Manurewa Marae, has been acknowledged for its success

during this year’s youth week from 23-31 May.

Taiohi Whai Oranga “Limitless Leadership” Group received

the Youth Group Award at the, Ministry of Youth Develop-

ment, National Youth Awards held at Parliament on 26 May

2015.

They also took out the following awards at

the I AM Auckland Youth Awards, held on

29 May 2015:

Rangatahi Tu Rangatira Youth

Leader Award - Kuini Tereva

Rangatahi Tu Rangatira Youth

Worker Award - Were Maiava

Rangathi Tu Rangatira Youth Organisation Award

I AM Auckland Overall Supreme Youth Organisa-

tion Award

Youth Engagement Coordinator, Errin Henare, provides

that Taiohi Whai Oranga is targeted predominantly toward

Manurewa youth but their service catchment is not exclu-

sive; “although we mainly service Manurewa youth, our doors

are open to all rangatahi who want to be part of it.”.

General Manager, Deidre Otene, attributes the success of

Taiohi Whai Oranga to its strong foundations; “we have a

really strong foundation and it’s about the community coming

together and working collaboratively. It’s not one person’s vision

and the Marae environment makes it sustainable.”

Youth Resilience Coordinator, Kapi Peita explains how

Taiohi Whai Oranga’s unique service model has created

tangible benefits for local youth; “we are able to be creative

with our services by best utilizing everyone’s skills and collective

work ethic. Our guiding principles are tikanga based and be-

cause of that, we get a lot of support from our community.”

Peita goes on to reinforce that “it’s all about getting kids to

achieve, each person has a mountain to [overcome] and each

mountain is different - no matter how tall the mountain is, we

want them to succeed.”

Otene, also shares that her vision is for Manurewa Marae

to become a hub for youth justice and advocacy...

“it’s a Māori driven

kaupapa, but our doors

are open to everyone”

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NZ CITIZENSHIP CEREMONY: Otara

PACIFIC LAWYERS ASSOC QUIZ WINNERS: Penrose

“Community Legal Services South Trust, out and about in our community”

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NGĀ TAKE MĀORI Issues affecting Māori communities

HE KĀKANO I RUIA MAI I RANGIĀTEA

E ai ki ngā korero tawhito a te Māori, nā Tane I hanga I a

Hineahuone I te one I kurawaka. Nā konā I kaha te hononga

a te Māori ki tōna whenua tipu. He kaha hoki nō te Māori ki

te tiaki I te whenua I runga I te take, he taonga tuku iho te

whenua. Ka whai pānga ēnei kupu ki ngā ture taiao o ēnei

rā. Ko te kaupapa matua o tēnei pūrongo, he titiro ki ngā

ture taiao o Aotearoa me ngā kawenga-ā-

ture ki te ū ki ngā mātāpono o te Tiriti o

Waitangi me ngā mahi e pā ana ki te taiao.

Environmental Law & Māori

Māori have an inherent relationship with their lands as there

is a belief that the first human being was create from the

earth. Māori also believe that the land has a life-force

(mauri) and because of this, the environment is considered

sacred (tapu). Due to this Māori world view, several of New

Zealand’s environmental laws create certain obligations on

the Crown and other entities to consider the principles of

Te Tiriti o Waitangi (Treaty of Waitangi) when making deci-

sions about the environment. We take a look at those laws,

below.

Resource Management Act 1991

Section 8 of the Resource Management Act

1991 provides that “In achieving the pur-

pose of this Act, all persons exercising

functions and powers under it, in relation

to managing the use, development, and

protection of natural and physical resources, shall take into

account the principles of the Treaty of Waitangi (Te Tiriti o

Waitangi).”

Conservation Act 1987

Section 4 of the Conservation Act 1987 provides that “this

Act shall so be interpreted and administered as to give effect

to the principles of the Treaty of Waitangi.”

Exclusive Economic Zone and Confidential Shelf

(Environmental Effects) Act 2011

Section 12 of the Exclusive Economic Zone and Confidential

Shelf (Environmental Effects) Act 2011 provides that... Source: Environment Foundation

...In order to recognise and respect the Crown's respon-

sibility to give effect to the principles of the Treaty of

Waitangi for the purposes of this Act,

(a) section 18 (which relates to the function of the Māori

Advisory Committee) provides for the Māori Advisory

Committee to advise the Environmental Protection Au-

thority so that decisions made under this Act may be

informed by a Māori perspective; and

(b) section 32 requires the Minister

to establish and use a process that

gives iwi adequate time and oppor-

tunity to comment on the subject

matter of proposed regulations; and

(c) sections 33 and 59, respectively, require the Minister

and the EPA to take into account the effects of activities

on existing interests; and

(d) section 45 requires the Environmental Protection

Authority to notify iwi authorities, customary marine title

groups, and protected customary rights groups directly of

consent applications that may affect them.

To shed further light on the Māori world view in relation

to the environment, here are a number of important con-

cepts to note about the relationship of Māori to the land

and environment:

Mauri: all living things are connected

through Mauri—this is the concept of collec-

tive health and wellbeing. If the wellbeing of

the land is not maintained, the wellbeing of

Maori is not being maintained.

Kaitiakitanga: translated means ‘guardian’.

Māori see themselves as guardians of the lands and its inhabitants.

This is based on the view of interconnectedness with the environment

and the environment being the connection to past generations.

Rāhui & Tapu: Tapu means ‘sacred’ and rāhui means ‘to prohibit

or restrict’. These concepts are not enforced or imposed out of greed,

to the contrary, they are put in place to ensure environmental sus-

tainability and to protect life-forms from the natural, physical or spir-

itual harms associated with certain lands.

To learn more about Māori and Environmental Law,

please see the Environment Foundation, Environment

Guide by following the following link:

www.environmentguide.org.nz/overview/maori-and-

“all living things are con-

nected through Mauri”

“shall take into account

the Treaty of Waitangi”

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PASEFIKA ISSUES

O le vaega fa’apitoa lenei o le Legal Lowdown e talanoina ai mataupu fa’aletulafono o loo a’afia ai tagata Pasefika i le si’o-

si’omaga inei Niu Sila.

O lenei masina o lo’o fa’atauaina ai le gagana Samoa. O le ala

lea ua fa’aliliuina ai ni upu e fa’atatau i le tulafono , mo le silafia ma atili malamalama ai, o tatou tagata i vaega o le

tulafono.

O lo’o iai foi ma se fa’asoa pu’upu’u i tulafono fa’atatau i taga-

ta ua molia (i le tulafono) ona ua osofa’i e lana ta’ifau seisi tagata (po’o seisi ta’ifau), ma ua manu’a ai lena tagata (po’o

lena ta’ifau). Afai o lo’o iai sau ta’ifau, e taua ona e silafia

a’afiaga fa’aletulafono, pe afai e te o’o i lea tulaga.

DOG OWNER RIGHTS & RESPONSIBILITIES

Being a dog owner comes with certain legal rights and re-

sponsibilities. When a dog attacks a person or a person’s

property, causing damage, there are consequences which can

include putting the dog down. Here are some of the consid-

erations the Courts take into account when deciding whether

to put a dog down.

“Exceptional Circumstances”

If you have been convicted of being an owner of a dog that

has attacked another animal or another person, and your dog

has not been put down yet, the Court must order the de-

struction of your dog unless it is satisfied that the circum-

stances of the offence were exceptional and do not war-

rant the destruction of your dog.

This means that the Court will examine the circumstances

that existed at the time of the offence. It will look into all of

the circumstances about how the offence occurred, not just

the circumstances of the attack itself. The Court does not

examine any circumstances that occur after the offence has

taken place.

What factors should you address when you are trying to per-

suade the Court to keep your dog alive?

The nature of the attack (including whether any

injury resulted to the victim). If your dog killed the

other animal, the Court will view this very seriously.

Your history as a dog owner. If you have never had

infringement notices before, you will look like a responsi-

ble dog owner.

Whether your dog has behaved this way in the past.

An examination of previous infringement notices or warnings

will give the Court a clear picture of your dog’s past behav-

iour.

The steps taken by you to prevent such an attack oc-

curring. A fully fenced off property, with secure gates and

inner fenced off area within your property with running wires

for your dog to be tied up to will adequately address this.

The reasons why the steps you took did not prevent

an attack on this occasion. These reasons must be credi-

ble.

The above-mentioned list of factors is a good indication of kind of

things the Court wants you to address in your submissions.

If you have any further queries about the law regarding dogs,

please do not hesitate to contact us.

SAMOAN LANGUAGE WEEK 2015

To celebrate Samoan Language Week 2015, we have taken

the liberty of translating a few legal terms into Samoan. We

hope that these terms might be helpful in understanding the

law.

Complainant / Plaintiff / Informant = Itu Tagi

Defendant = Itu Tete’e

Charge = Moliaga

Court Order/Direction = Fa’amaumauga o le Faamasinoga

Court Judgement/Decision = Fa’aiuga o le Faamasinoga

For more information about Samoan language week, please

see the link, below.

www.mpia.govt.nz/samoan-language-week-24th-may-

2015/

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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

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-

ter@clsstlaw.com

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

CONTACT US

If you need legal advice or assistance, we

may be able to help.

admin@clsstlaw.com

(09) 274 4966

(09) 274 4967

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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

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:

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 wipere.mita@clsstlaw.com