© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 1

LEGAL LOWDOWN

INFOp2-4 I NEWSp5 I STATISTICSp6 I MAORI & PASEFIKAp7-8

LEGAL LENS p9 I EDUCATION p10 I OUTREACH p11

ISSUE

19

JANUARY 2015

COMMUNITY LEGAL SERVICES SOUTH TRUST FOLLOW US:

2015: NEW YEAR’S RESOLUTIONS

2015 - WHAT’S NEW?

Welcome back! We hope you all have enjoyed the break

(for those who had one) and are ready to start 2015 with

a bang! This year we have made some additions to our

Legal Lowdown newsletters with the aim of reaching fur-

ther into our community.

In light of the above, we have made the following addi-

tions: to our Legal Lowdown

MAORI ISSUES

Our Maori issues section of the Legal lowdown will be a bi

-lingual (Maori language) look at legal and social issues

affecting Maori. More information on this section can be

found on page 7.

PASEFIKA ISSUES

Our Pasefika issues section of the Legal Lowdown will be a

multi-lingual (Pacific languages) look at legal and social

issues affecting Pacific peoples. More information on this

section can be found on page 8.

LEGAL LENS

We appreciate that modern technology allows us to cre-

ate virtual and online information which is easily ac-

cessed and shared, worldwide. As such we will be creating

regular legal information videos which can be reviewed

and downloaded via our online databases such as Face-

book and our website. More information on this section

can be found on page 9.

IN THIS ISSUE:

Dealing with privacy breaches &

privacy complaints

Military Veteran’s Waitangi

Tribunal inquiry

Marae Justice Panel

Law Reform Pipeline

Consumer Law – public

perceptions.

Official Information Act

overview

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LAW INFO: Legal Rights & Responsibilities

Recently we have had an increase in enquires about

potential breaches of privacy. The following is an over-

view, from the Community Law Manual produced by

Community Law Centres of Aotearoa, of ways a person

can complain about privacy breaches.

COMPLAINTS TO AN AGENCY

When can a person complain to an agency?

If a person believes that their privacy has been

breached, they can make a complaint directly to the

agency concerned. Sometimes approaching the agency

and letting it know what the problem is can resolve the

issue without having to take it further. All agencies

should have a privacy officer to deal with privacy issues

within the agency.

WHAT IS THE ROLE OF THE PRIVACY OFFICER?

The Privacy Act 1993 requires that every agency ap-

point someone to be its privacy officer. A privacy of-

ficer's responsibilities include:

encouraging the agency's compliance with the Pri-

vacy Act 1993 (“the Act”)

dealing with requests made to the agency about

personal information

working with the Privacy Commissioner when the

commissioner investigates complaints

otherwise ensuring the Act is complied with.

WHAT CAN A PERSON DO IF COMPLAINING TO

THE AGENCY DOESN’T RESOLVE THINGS?

The person can make a complaint to the Privacy Com-

missioner.

ROLE OF PRIVACY COMMISSIONER

A person can make a complaint to the Privacy Commis-

sioner if that person believes that his or her privacy, or

anyone else's, has been interfered with.

There is an interference with privacy if:

there has been a breach of the Act (for example, a

breach of one of the information privacy principles),

and

the breach caused, or may cause, loss, detriment,

damage, or injury to that individual, affected, or may

adversely affect, the rights, benefits, privileges, obli-

gations, or interests of that individual, or resulted in,

or may result in, significant humiliation, significant

loss of dignity, or significant injury to the feelings of

that individual.

an agency refuses to permit access to an individu-

al's information or correct information it holds where

requested to do so and in certain other situations.

An example might be if a doctor discloses medical in-

formation about a patient to an insurance company

without the patient's authorisation, and on the basis of

this information the patient's insurance claim is de-

clined.

COMPLAINT TO PRIVACY COMMISSIONER

A complaint can be made orally or in writing, but if it is

made orally, it should be put in writing as soon as prac-

ticable. The Privacy Commissioner

can help with putting the complaint

in writing.

A person who makes their com-

plaint in writing can write a letter

themselves or can fill in a complaint

form which is available from the

Privacy Commissioner. The Privacy

Commissioner also provides guid-

ance on the type of information to

include in the complaint.

PRIVACY LAW: Privacy complaints

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PRIVACY COMMISSIONER POWERS

The Privacy Commissioner will decide whether to inves-

tigate the complaint, and if necessary, will form an opin-

ion on whether there has been an interference with pri-

vacy. The Privacy Commissioner may refer the com-

plaint to the Chief Ombudsman if the commissioner

thinks the complaint is more appropriately dealt with by

that person.

At every stage of the investigation the commissioner will

try to assist the parties to resolve the complaint.

If the complaint is not settled during the investigation,

the Privacy Commissioner will form a provisional opin-

ion on how the law applies to the complaint. This will be

sent to the affected party with an opportunity for them to

comment. Once the Privacy Commissioner has taken

those comments into account, and if the matter is still

not settled or withdrawn, the commissioner will form a

final opinion.

The Privacy Commissioner's opinion is not legally bind-

ing.

UNRESOLVED COMPLAINTS

If the Privacy Commissioner decides that a complaint

has substance, he or she may refer it to the Director of

Human Rights Proceedings, who will decide whether to

take the case to the Human Rights Review Tribunal.

HUMAN RIGHTS REVIEW TRIBUNAL

If the matter goes to the Human Rights Review Tribu-

nal, it will make a decision about whether there has

been a breach of the Act and can award damages (the

payment of money) and other remedies.

If you believe you have a complaint regarding a breach

of privacy please contact our office for some advice as

to what your best options may be. Alternatively, you

may wish to contact the following:

Privacy Commission www.privacy.org.nz

Contact the Privacy Commission: Phone: 0800 803 909 Phone: (04) 474 7590 Email: enquiries@privacy.org.nz

Youth privacy www.privacy.org.nz/youth

The Privacy Commission website has a section about

young people and privacy: “Your information: but is it

really yours?” It includes fact sheets, teaching re-

sources and YouTube clips.

LAW INFO: Legal Rights & Responsibilities

PRIVACY LAW: Privacy complaints

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YOUTH

INTERACTIVE YOUTH RESOURCES

We have created some interactive online resources

to help youth understand their legal rights and re-

sponsibilities.

The interactive resources test user knowledge base

on Consumer Law, Tenancy Law and Employment

Law by providing a set of facts along with different

scenarios that youths might commonly encounter.

The activities then ask users to answer simple ques-

tions about the applicable law.

The activities cover renting and tenancy obligations,

employment agreements and minimum wages, buy-

ing and returning consumer goods.

It is hoped that by doing this, our youth will make

better, informed decisions when making decisions

about the above areas of law. It is also hoped that

the legal knowledge obtained will help empower

youths to enforce their legal rights, when necessary

We will be rolling out more interactive youth sce-

narios soon so watch this space.

To access our interactive online resources, please

see our website: http://www.clsstlaw.com/

interactive-resources.html

© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 5

LAW NEWS: News in Community Law

OFFICIAL INFORMATION ACT OVERVIEW

The Official Information Act (“OIA”) processes, in the pub-

lic sector, are currently being reviewed by the Chief Om-

budsman.

It has been announced that 12 central Government agen-

cies were selected for formal review while 63 agencies and

27 Ministers’ offices will complete a review survey of OIA

practices.

Public submissions will be called for in early 2015.

Source: New Zealand Law Society

A quick look at recent activity in the law reform pipeline

Appropriation (2013/14 Confirmation and Validation)

Bill.

Ngāti Hauā Claims Settlement Bill.

Ngāti Koroki Kahukura Claims Settlement Bill.

Countering Terrorist Fighters Legislation Bill.

You can check the progress of these bills through the NZ

Parliament website: www.parliament.nz

Source: NZ Parliament website

LAW REFORM

Send in your news

If you have any news or notices, please send them to

newsletter@clsstlaw.com

WAI 2500: Military Veteran’s Waitangi Tribunal Claim “Kia maumahara tonu tatou, ki a ratou - we shall re-

member them”

The Waitangi Tribunal has launched an inquiry (Wai

2500) into claims by Military Veteran’s that the Crown

failed to provide sufficient support to returned service-

men of WWII and the Vietnam War.

Wai 2500 is a kaupapa claim, which is defined by the Wai-

tangi Tribunal as “the hearing of claims concerning a na-

tionally significant issue that affects Māori as a whole or

section of Māori across Aotearoa / New Zealand in similar

ways.“

Some of the claimants argue that the effects of the wars

on veteran’s families have lasted generations, especially

where the effects of Agent Orange and similar chemicals

prevented some individuals from having children.

Others argue that the Crown failed in providing Maori

with land grants, upon return from war, where non-

Maori were given that very privilege.

Further information about this inquiry can be obtained

from:

Jenna-Faith Allan - Analyst

Inquiry Facilitator - Waitangi

Tribunal Unit

Ph: (04) 914 3004

Jenna-

Faith.Allan@justice.govt.nz

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MAORI ISSUES: WAHANGA REO RUA

Issues affecting Maori communities

MARAE JUSTICE PANEL

Tena koutou I runga I nga ahuatanga o te wa. Ko te tikanga o tenei wahanga o te Legal Lowdown, me noho reo rua tenei panui he i

whakatairanga ake I te reo Maori.

Hei nga marama e tu mai nei ka kite tatou I nga tino take, a ture nei, o te ao Maori. Ko ta matou he whakamohio ki te iwi I nga tika me

nga kawenga o te ture, me nga huarahi awhina e taea ana e te tangata te kokiri, hei whakatika, hei whakatau I nga take ture.

I tenei marama, ka tirohia e tatou, nga mahi a te Marae Justice Panel- he rangapu I waenga I Nga Pirihimana o Manukau, Nga Whare

Waatea, Te Manatu Ture (“MOJ”), Manukau Urban Maori Authority me te Hapori o Manukau. I uiuia a Awhitia Mihaere,

kaiwhakahaere I te paepae MJP ki te kimi I ona whakaaro e pa ana ki tenei kaupapa whakaharahara.

What is the Marae Justice Panel (“MJP”)?

MJP is an alternative, Maori focused, approach to dealing

with low level offending. The approach is based on tikanga

Maori.

Who is involved?

After being arrested, the offender “tangata raweke “ is given

the choice by the Police to attend a Marae Justice panel hear-

ing or the matter can be dealt with by Police and Court. Be-

fore being accepted for a Marae Justice Panel hearing the

tangata raweke must take responsibility for what he/she has

done. The tangata raweke will engage in a pre-panel hui with

Marae Justice Panel Restorative Justice Facilitators.

Who decides what will happen to the tangata raweke?

The decision will be made a panel made up of individuals of

standing within the community. Panel members are not judg-

es or lawyers. Their job is to decide what should happen as a

result of the offence.

The tangata raweke can have a support person at the panel

hearing (not a lawyer). Ideally the support person will be a

family member or caregiver.

The police will provide the panel with a summary of

facts. This details the type of offence the tangata raweke has

been arrested for and the facts leading up to his/her arrest.

The tangata raweke is given an opportunity to explain to the

panel the reasons for the offending.

The tangata raweke will be asked what he/she could do to

repair the harm done and to avoid it happening again

The panel might ask the tangata raweke to agree to:

pay for damage caused, or

apologise to the victim, or

take steps to deal with problems that led to the offence, or

do some community work.

What happens when there is a failure to cooperate?

Should the tangata raweke fail to attend a panel hearing, deny

the offence or fail to cooperate with the panel by not fulfilling

the agreements made by the Panel and tangata raweke, he/she

will be referred back to the police, who may charge the tangata

raweke with the offence and the matter will be dealt with by the

courts.

What are the benefits of MJP to the Community?

Giving the community a voice in the justice system.

Promptly addressing and repairing the harm caused by the offending.

Involving victims in the process.

Keeping low level tangata raweke out of the criminal justice system.

Identifying causes of criminal behaviour

Reducing the amount of Police resources and Court workload involved in processing low level offences.

Saving Police and Court costs.

A pathway to repair harm to victim and/or the community

For any queries, please call MUMA on 0800 866 862

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PASEFIKA ISSUES:

Issues affecting Pacific communities

Why do you want to study Law?

Most of it has to do with my own personal experiences

with family members who are working in the field and my

own desire to help people, in particular our Pacific Island

community. From a young age I understood that a large

majority of our Tongan community cannot afford to pay

legal fees, many of whom are seen by my father, who is a

lawyer, on a pro bono basis. I went with him to several

court cases and saw the high number of Maori and Pacific

Island people who came through the courts. These experi-

ences made me realise the need of our own (Pacific Island)

lawyers who understand not only where the clients come

from but also what their personal circumstances are. With

my strong desire to help our people and my growing inter-

est in the subject I think it was only natural that I studied

law. I believe that the legal profession will place me in a

position where I can be of use to my family and my com-

munity.

Did you feel pressured to study Law by your parents at

all?

I know a few people thought I was only studying Law be-

cause of my parents, but as I explained before, I have a

keen interest in it. I wasn’t pressured to study Law specifi-

cally but I did feel a little bit of pressure to study something

more academic as opposed to subjects in the Arts. I think

that’s normal for our generation though as our parents are

always wanting their children to achieve and seize the op-

portunities they never had

I come from a family where service to the community is a

strong part of our lives and I understand that as a Tongan

person I have obligations to both my family as well as the

wider Pacific community. I believe it is equally important

however, that our obligations are well balanced with our

own ambitions and dreams to study a subject or work in a

job that makes us happy and our parents need to under-

stand that.

What area of Law do you wish to specialise in?

At the moment I’m not too sure but just from what I have

done with my father, criminal law looks quite interesting. I’ll

have to wait and see what I like in my next few years at law

school.

Do you have any advice for students looking to study law

in the future?

The most important thing is to make sure that you keep focussed and your goal of making it into law school at the forefront of your mind. This means making sacrifices to make sure your work gets done. I lost sight of this goal in my first year and as a consequence I didn’t get into law school. It’s important to know that if you don’t get in, it’s not the end of the world BUT learn from your mistakes. I think if studying law really is for you and you have a passion for it, you won’t find it hard to make these sacrifices for a short period of time . John Paul is now in the second year of his law degree at the University of Auckland. We wish him all the best in his stud-ies for 2015.

TONGAN LAW FRATERNITY IN NZ: SUCCESSION PLANNING

‘Oku ‘i ai ‘a e Konga ‘i he Newsletter ko’eni ko e Legal Lowdown ‘oku fakamatala mo lave ki he Pasifika Issues: Ko e Konga fok i

ko eni ‘oku fakatefito ia ki he Pasifiki pea ‘oku fakahoko atu ‘i he ngaahi lea kehekehe ia. ‘Oku taumu’a foki ‘a e Konga ko eni ki

hono tuhu’i ‘atu ‘a e ngaahi palopalema fekau’aki mo e lao ‘i he ngaahi komiuniti ‘oe kakai pasifiki. ‘Ihe ‘emau fai eni, ‘oku

mau’amanaki ke tu’uaki atu ‘a e ngaahi lea ‘oe pasifiki pea fakautuutu mo ‘enau kau atu mo ‘ilo ki he ngaahi me’a fakalao.

‘Oku mau talanoa ‘i he mahina ni ki he talavou Tonga ‘oku ako lao ko John-Paul Foliaki ‘o fekau’aka mo ‘ene ngaahi faka’amu

ke ne hoko ko ha loea ‘oku makatu’unga ia ‘i he ‘ilo ‘a e ngaahi fiema’u ‘a e kakai pasifiki.

© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - admin@clsstlaw.com 9

LEGAL LENS The law through public eyes

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.

YOUTH RIGHTS This month, we focused on youth rights, in particular, legal ages. What

are they? Why are they in place? Do things need to change?

We wanted to know whether people understand their rights and re-

sponsibilities and the said, of others.

We respond to the public views, captured through the legal lens, with

information that may assist youth and those dealing with youth to

make informed decisions.

Please click on the link below to watch this month’s Legal Lens:

https://www.youtube.com/watch?v=LSm1njIimaU

“our youth aren't educated

about legal ages”

“legal ages need to be

promoted in schools”

“the age needs to be

raised”

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COMMUNITY LAW: Our Services

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 Services

We provide FREE legal services in the following areas of law:

Family Law

Insurance

Minor Police Charges

Consumer Issues

Immigration Matters

WINZ Matters

Housing New Zealand

Debt

Traffic

Tenancy (tenants only)

Civil Disputes

Employment Matters (employees only)

We are unable to provide services in the following areas of law:

Wills Trusts Estates Property Commercial matters

If you require assistance with any of the above matters, please see a private lawyers. The New Zealand Law Society has a list of lawyers who may be able to assist you with t h e a b o v e l e g a l i s s u e s —www.lawsociety.org.nz