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-

ter@clsstlaw.com

12

LEGAL LUNCHBOX FREE LEGAL EDUCATION

Community Legal Services South Trust Phone: (09) 274 4966 Email: education@clsstlaw.com 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 wipere.mita@clsstlaw.com