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LEGAL LOWDOWN

LAW REFORM p2 I RIGHTS p3-4 I COMMUNITY p5 I SERVICES p 6 ISSUE

16

OCTOBER 2014

COMMUNITY LEGAL SERVICES SOUTH TRUST FOLLOW US:

New Surveillance Technology for Auckland

On 1 October 2014 Auckland Transport announced

that California based company Hewlett-Packard had

been contracted to provide, a multi-million dollar

technology that uses high-definition cameras and

software that can put names to faces and owners to

cars. The technology also has the capability to scan

social media and news websites.

A spokesperson for Auckland Transport assures that

such technology will not be rolled out until proper

protocols are in place and ongoing discussions with

the Privacy Commissioner will help in developing and

implementing these protocols.

In line with this new technology, Auckland Council has

developed and adopted some new draft guidelines

for the use of camera surveillance in public areas.

The need for new technology, guidelines and proto-

cols arose in response to growing concerns of public

safety. The new technology will be implemented with

a view to:

Reduce anti-social behaviour and/or criminal activity

Reduce the fear of anti-social behaviour and/or criminal

activity resulting in an increased usage of public space

Deter anti-social behaviour and/or criminal activity

Provide data that will assist with inquiries and the

prosecution of offenders

Improve the response time to incidents by either private

security personnel or emergency services.

In addition to developing new guidelines, Auckland

Council has also drafted a Memorandum of Under-

standing (“MOU”) which sets out various

“surveillance principles”. These principles refer to live

feeds and says these should be trained on "specific

crime and safety hot-spots", traffic management are-

as and real-time matters being investigated or re-

sponded to by police. In this respect, local Police

have been consulted as a key stakeholder of the new

technology.

For more information, please see the Auckland Coun-

cil website.

Source: www.aucklandcouncil.govt.nz and stuff.co.nz

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EMPLOYMENT RELATIONS AMEND-

MENT ACT 2014

The Employment Relations Amendment Act 2014 will come into

effect on 6 March 2015. The changes target the following six

main areas: the collective bargaining framework (including strikes and lockouts) flexible working arrangements Part 6A (continuity of employment for specified em-ployees) the duty of good faith rest and meal break rules provisions for the Employment Relations Authority (the Authority)

We will look at 3 of the above changes, as follows:

Flexible work

The changes to flexible working arrangements aim to improve

people’s participation in the labour market and to better reflect

modern lifestyles. Flexible working arrangements help employ-

ees find the right work-life balance for them and their employer.

The key changes are:

extending the right that caregivers currently have, to re-quest flexible working arrangements, to all employees

removing the requirement of six months’ prior employ-ment with the employer, so employees can ask for flexibil-ity from their first day on the job removing the limit on the number of requests an employee

can make in a year reducing the timeframe within which an employer must respond to a request from 3 months to 1 (and requiring that the response be made in writing and include an expla-nation of any refusal).

Rest and meal breaks

There are changes to the rest and meal break provisions in

the Employment Relations Act (the ER Act). These seek to bal-

ance the importance of rest and meal breaks with the need for

breaks to be practical for each workplace. The changes replace

the current strict rules with a more general right for employees

to have rest and meal breaks to give them a reasonable oppor-

tunity to rest, eat, drink and deal with personal matters. The

provisions encourage employers and employees to negotiate, in

good faith, rest and meal breaks that meet the legislation, with-

out compromising business continuity and flexibility.

LAW REFORM: Changes to current laws

The changes say:

when employers can make reasonable restrictions on rest and meal breaks employers can specify when breaks are taken, if em-ployees and employers cannot agree on when and how long breaks should be that an employer is exempt from giving breaks – when employees agree to reasonable compensation or where the employer cannot reasonably give the em-ployee rest and meal breaks that reasonable compensatory measures are to be pro-vided when an employer is exempt from the require-ments to provide breaks rest breaks must be paid any other law that requires an employee to take rest and meal breaks takes priority over the rules in the Act

Employees and employers can’t contract out of the right to

rest and meal breaks - an employment agreement that re-

quired an employee to take no breaks, and did not provide

compensatory measures, would exclude an employee’s enti-

tlements and therefore have no effect. In other words, an

employee either gets a break or a compensatory measure;

the employer cannot fail to give either.

Collective bargaining

The changes to collective bargaining aim to increase choice

and flexibility in the collective bargaining framework, reduce

ineffective bargaining, and improve fairness and balance in

bargaining requirements. The key changes are:

providing that the duty of good faith does not require parties to reach a collective agreement. Parties will be able to ask the Authority to declare that bargaining has ended allowing employers to opt out of multi-employer bar-gaining from the start removing the 30-day rule that gives non-union mem-bers who are new employees, the terms and conditions from the collective agreement allowing proportionate pay reductions as a response to partial strikes requiring advanced written notice of any proposed strikes and lockouts in all sectors.

. Source: Ministry of Business, Innovation and Employment—http://www.dol.govt.nz/er/services/law/legislationreviews/er-amendment-bill-2014.asp

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LAW NEWS: Rights & Responsibilities

Fences

The main law that applies to fences is the Fencing Act 1978.

Who is responsible for work on fences?

Generally, the occupiers of adjoining properties must share

the cost of work on boundary fences equally. An occupier is

the owner of the property, or someone occupying the prop-

erty who is not the owner but who has a tenancy of at least

10 years.

How does one person get their neighbour to contribute to

the costs of a fence?

The person should first talk to their neighbour and see if they

can agree about sharing the costs of the work. If the neigh-

bour will not agree to pay, the person can follow a formal

process to require their neighbour to contribute. They can

start this process by giving their neighbour a Fencing Notice.

What is a Fencing Notice?

A Fencing Notice sets out the work one person wants to have

carried out on the fence and the contribution they are seek-

ing from their neighbour It must state:

the boundary along which the fencing work is to be done

the work to be carried out and the materials to be used

the consequences if the neighbour does not comply with

the notice

an estimate of the cost of the work and how the cost will

be shared (if the costs are not to be shared equally).

What if the neighbour objects to the proposed fence?

If the neighbour objects to all, or any, of the proposals in the

Fencing Notice, they have 21 days to give a Cross-Notice,

stating their objection and making any counter-proposals.

They may think, for example, that the existing fence is ade-

quate or that the proposed fence is too expensive.

What happens if the neighbour responds with a Cross-

Notice?

If both neighbours can't agree on how to deal with the costs

of the fence within 21 days of the Cross-Notice, either neigh-

bour can take the dispute to the Disputes Tribunal or District

Court

When can work on a fence begin?

Work can begin on a fence:

21 days after the Fencing Notice was given, or

if a Cross-Notice is given, as soon as the differences are

resolved by agreement or by the Disputes Tribunal or the

District court.

A neighbour does not have to contribute to the cost of any

work that has been carried out before this time.

What if a fence needs to be re-built or repaired immediate-

ly? If a fence is damaged or destroyed by a sudden acci-

dent or other cause, and needs immediate work, either

neighbour can do the necessary work without any notice and

then recover half the cost of the work from the other neigh-

bour, unless one of them caused the damage and is responsi-

ble for the cost of the repairs.

Is a building consent required for building a fence?

In general, a building consent is not required for a fence if it

is less than two metres high.

Sources: Community Law Manual

FENCING DISPUTES

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LAW NEWS: Rights & Responsibilities

The Law of Trespass

Trespass is where someone enters onto a land or property without permission. Tres-

passing can include behaviour where someone:

Refuses to leave your property after you warn them to leave

Returns after you warn them not to return

Willfully or recklessly disturbs a domestic animal on your land.

This applies whether a person owns or rents the property where the trespass has oc-

curred.

If someone is trespassing on your property, you can warn them to leave and to stay off your property.

If someone has trespassed on your property, or if you think it's likely they will trespass, you can warn them to stay off.

You can deliver the warning verbally or by a written Trespass Notice. If you give a written notice, you can hand it to the person di-

rectly or mail it to them at their usual address. It is your responsibility to keep a copy of the Trespass Notice as proof that a warning

has been given, in case you need to complain to the Police that the trespasser came back.

You could collect a Trespass Notice from your local Police station which has a section you can fill in and return as proof that you

served the notice, in case you need to complain again.

A person who has received a warning commits an offence if they do not leave the property, or if they come on to the property,

within two years of receiving the warning. The penalty for these offences is a fine of up to $1,000 or a prison term of up to three

OUTDOOR RUBBISH FIRES

Most local councils have bylaws dealing with outdoor rubbish fires, including incinera-

tors, for safety reasons and to control pollution. Bylaws may:

ban outdoor fires and incinerators

require the person setting the fire

to have a council or Fire Service per-

mit

restrict outdoor fires to certain are-

as or times of the year

require that a hose is available that

is connected to a pressurised water

supply

require outdoor fires to be set a

certain distance away from build-

ings, trees, or fences

ban fires at night

require steps to be taken to mini-

mise smoke.

OUTDOOR COOKING

Outdoor fires for the purposes of cook-

ing, such as hangi, umu and barbecues,

are usually permitted at any time, pro-

vided adequate fire safety precautions

are taken. However, there may some-

times be specific restrictions in force

(for example, during a dry summer).

Because the situation varies from dis-

trict to district and on prevailing weath-

er conditions, it is advisable to check

with the local council or fire service on

any specific restrictions that are in

force.

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COMMUNITY LAW: Our Community

School Leaver’s Legal Survival Kit

This month we commenced our School Leaver’s Legal Survival

Kits which is a programme that compliments our Law in

Schools education sessions which run throughout the year. Our

legal survival kit is aimed at those students who are making the

transition from secondary school to the “big wide world”.

Through both our Law in Schools and Legal Survival Kits we

have managed to provide legal education to 25+ classes and

260+ students throughout our service area.

We are pleased that our legal education sessions have been

well received by our youth and look forward to next years’

sessions. Photo: Our Legal Survival Kit Packs, prepared for our student

participants from Schools and Alternative Education Institu-

MAORI LAND ADVISORY CLINIC

This year we delivered free Maori land services at Manurewa Marae with

the assistance of Te Mata Law and the Maori Land Court, Tamaki Makaurau.

The advisory clinics confirm our commitment to bi-culturalism and to Te Tiri-

ti o Waitangi and also assist us in providing better access to justice for Maori.

Cameron Hockly from Te Mata Law says: “I think the clinics are a great con-

tribution to access to justice...Many people seem to be unwilling to talk to a

lawyer on the belief that even an initial meeting will cost them too much, or

that it will bind them to an expensive legal process. The clinics allow people

to get some concrete advice and weigh up whether they want to get a lawyer

and how much of the work can be dealt with themselves.”

We would like to take the opportunity to thank our volunteer services pro-

viders, in particular, Cameron Hockly who has taken charge of the legal ad-

vice and assistance aspects of the clinic since its inception.

Photo: Cameron Hockly, Barrister, Te Mata Law

© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 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 availa-

ble:

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 availa-

ble:

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

Send us your news

If you have a story , article or community notice you

would like us to advertise through Legal Lowdown,

please send it to us at newsletter@clsstlaw.com

RADIO 531pi b

This month our Radio 531pi Legal Information topic was

neighbourhood disputes. Our weekly sessions covered

fencing & boundary disputes, trees, noise control, pets,

nuisances and trespass.

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

THANK YOU!

A big thank you to our student volunteers who assist

in bringing this newsletter to our readers.

We would also like to acknowledge our volunteers

who assist with other areas of our services. We really

appreciate your efforts!