legal lowdown newsletter#14
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© 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
© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 2
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
© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 3
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….
© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 4
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).
© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 5
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
© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 6
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
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
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
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LEGAL EDUCATION: Courses, Seminars & Presentations