NEWSLETTER #9 March 2014

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RACE RELATIONS DAYS 2014: I AM AOTEAROA NEW ZEALAND

Immigration 2

Services 3-6

Family Court 7-13 Registrations for the pacific

quota have opened. We

share the details for

registration including

details about who is

eligible for registrations

and the relevant dates.

We outline our current

services and events we

have supported so far this

year. We also look at a

recent case that deals with

the importance of online

security.

We provide an overview of

the changes to Family

Court that took effect on

31 March 2014.

Race Relations Day

21 March marks Race Relations Day in New Zealand. This year’s Race Relation Day theme was “I am Aotearoa”. CLSST is a proud supporter and participant of the New Zealand Diversity Action Programme which is facilitated by the Human Rights Commission to celebrate the cultural diversity of our society, amongst others. This year, CLSST, in collaboration with Manurewa Citizens’ Advice Bureau, set up an information stall at the Manurewa Library to promote increased awareness of race relations in New Zealand.

A copy of our Race Relations Day information pamphlet can be downloaded via our website: http://www.clsstlaw.com/resources.html

BEWARE OF PUBLIC INTERNET SPOTS

Citizens of Samoa, Tonga, Kiribati and Tuvalu are invited to register for the 2014 ballot under the Samoan Quota and Pacific Access Category between 1 and 30 April 2014.

Up to 1100 Samoan citizens, 250 Tongan citizens and 75 citizens from Kiribati and Tuvalu are selected by ballot to be

considered for the grant of residence in New Zealand.

Eligible citizens of these four countries must be aged between 18 and 45 to register under the ballot. The successful

applicants selected from the ballot process will have until 6 March 2015 to lodge their residence visa applications; the

principal applicant must also have an acceptable job offer from a New Zealand employer.

Prospective ballot registration applicants are reminded to make sure they have the required forms and necessary

documents. Only one ballot registrations form is needed for each family. Copies of birth certificates or front page of

passports must also be provided for everyone named on the registration form.

Immigration New Zealand will contact each ballot applicant via a mobile text message or email to acknowledge receipt of

their ballot registration from including their Client Registration Number. Ballot applicants will need to hold on to this

number to check the status of their registration after the ballots are drawn on 6 June 2014.

Registration for the Samoan Quota is free but there is a NZ$70 registration fee for the Pacific Access Category. This fee is

reduced to NZ$30 for those who have registered in a previous year. An additional fee of AUD$12 is payable for Kiribati

citizens registering from Kiribati.

Ballot registration forms are available from the nearest Immigration New Zealand Office.

For more information contact Immigration New Zealand directly on 0508 558 855

Source: Immigration New Zealand.

CLSST NEWS: Recent changes that affect our community

IMMIGRATION NEW ZEALAND: PACIFIC QUOTA REGISTRATIONS OPEN

CLSST SERVICES COMMUNITY EVENTS & SEMINARS

Otara

CLSST Office

120 Bairds Road

Otara

Appointments available:

Monday – Friday

Otahuhu

We currently do not

have an Outreach

clinic in Otahuhu

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

Flat Bush

Hilltop Community

Centre

30 Hilltop

Road

Flat Bush

Appointments

available:

Fortnightly on Friday

Chapel Downs

Chapel Downs Primary School

170 Dawson Rd,

Flat Bush

Appointments available:

Fortnightly on Wednesday

OUTREACH CLINICS: ENGAGING WITH OUR COMMUNITY

As part of our commitment to our community, we hold several outreach clinics throughout

our service area to maintain face-to-face engagement with our clients.

LEGAL LUNCHBOX SERIES

We are extremely pleased with the positive feedback for this months’ Legal Lunchbox on Tenancy Law. The sessions were presented by our Legal Education Lawyers Johnny Nu’u, Wi Pere Mita and Tu’ulata Titimanu. Many of those who signed up for this months’ sessions are also keen to stay on for the immigration sessions.

Find out more about our upcoming legal education series at page 6 below.

Pictured Left: Participants from our Legal Lunchbox Series 2, on Tenancy Law held at the CPO Business Centre in Otahuhu.

Radio 531pi

Legal Info On-Air

Radio 531pi is a pacific focused radio station which has been running since 1993. It provides communities with a mix of news, opinion, information, talk back and music.

This month we commenced our weekly legal information slot on Radio 531pi, with host of the Pacific Drive, Malo Toe.

Our legal information topics align with our Legal Lunchbox Series; this month we discussed Tenancy Law.

Tune into Radio 531pi on (station,) from 2.00 – 2.30pm every Tuesday, to listen to our lawyers provide helpful legal information to assist the community with everyday legal issues.

The ASB Auckland Secondary Schools Maori and Pacific Islands Cultural Festival (or Polyfest) was hosted by Western Springs College. The theme for the Polyfest was “Care for our seas and our land, so that the safety of our homes, both present and past endures forever”.

Our lawyers Johnny Nu’u and Wi Pere Mita got amongst the action to spread the word about our Free Legal Services with the purpose of increasing youth awareness of legal rights in New Zealand. Check out some of the photographs we took of the students and community members at Polyfest.

You can view all photos on our FaceBook page: www.facebook.com/clsstlaw

ASB Polyfest 2014: Youth Engagement

Privacy Law – Risks of keeping old emails & using unsecured public WI FI

Technology has simplified the way we live with many of life’s functions at the tip of a finger. However, a recent case dealt with by the Office of the Banking Ombudsman has highlighted the dangers of modern technology.

The case involves overseas visitors who placed over $100,000 on a term deposit over three years with a New Zealand bank. The bank received emails requesting funds be withdrawn from the overseas visitor’s account. The request was accompanied by documentation with what appeared to be the female visitor’s signature. The overseas visitors did not authorise such withdrawals however the bank complied with one of the requests.

The visitors complained to the Banking Ombudsman and sought compensation. Following an investigation it was found that it was most likely that the female visitor’s email was intercepted while using an American airport’s WI-FI to send confidential emails including bank details and a signed copy of an employment agreement.

The Ombudsman also found that the bank’s practice were not in line with the rest of the industry. It recommended that the bank reimburse the overseas visitors the full amount plus interest.

The bank in question has since taking steps to properly verify the legitimacy of email correspondence and transactions.

Source: Privacy Commission https://www.bankomb.org.nz/news-and-publications/newsletters/2013-2014.

MAORI ACCESS TO JUSTICE: Cultural Engagement

On 26 March 2014 CLSST hosted a Maori Access to Justice Hui with the

purpose of increasing public awareness of opportunities for Maori to

access to justice. Those in attendance were fortunate to hear from guest

speakers Judge Hikaka of the Rangatahi Court and Maria Graham of the

Maori Land Court. Following these sessions the attendees participated in

an interactive workshop where they identified the current barriers to

justice and proposed ways in which organisations could overcome such

barriers. Attendees are now working towards Maori focused initiatives and

projects which are aimed at improving access to justice for Maori. If your

organisation would like to be involved, please email Wi Pere Mita at

wipere.mita@clsstlaw.com for any updates.

Take a look at some of our pictures from the event via our FaceBook page: www.facebook.com/clsstlaw

Pictured: (Top Right) Judge Hikaka presenting on Rangatahi Courts, (Bottom Right) Maria Graham from Maori Land Court presenting on dealing with Maori Land effectively (Bottom) Participants at our Access to justice Hui.

Neighbours Day Aotearoa

2014

29-30 March 2014 is Neighbours Day Aotearoa. Neighbours Day is about taking the time to engage in small and local acts of neighbourliness to make New Zealand neighbourhoods safe, fun and friendly.

In support of Neighbours Day we have produced a poster entitled “5 Facts on rights of Neighbours”.

The poster provides useful information about common neighbour dispute topics and rights.

To download a copy of the poster, visit our website:

http://www.clsstlaw.com/resources.html

LEGAL EDUCATION SEMINARS 2014

FAMILY COURT CHANGES: CHANGES TO FAMILY COURT PROCEEDINGS AS AT 31 MARCH 2014

Changes to the family justice system come into effect on 31 March. These changes involve a new, out of court track that will

primarily affect Care of Children Act (CoCA) applications. Domestic violence and urgent care of children matters will

continue directly to the courts unchanged. The family justice requirements apply to all caregivers with a parenting role,

such as grandparents raising children.

The new system is divided into three tracks:

1. Self-resolution

2. Assisted resolution

3. In-court resolution

Self-resolution

A new parenting plan is being introduced. This plan is free and available for download at http://www.justice.govt.nz/family-

justice/about-children/making-decisions-about-children/getting-help-outside-the-court/reaching-your-own-

agreement/parenting-plan. The plan covers living arrangements, parental contact, schooling, health, and child support

agreements.

The Parenting Through Separation (PTS) course will continue and is now a mandatory pre-court entry requisite. This is a

free, small group course of up to 20 people and consists of a series of two, 2 hour sessions. Bookings are essential.

Programme providers can be located through www.justice.govt.nz/family-justice or on 0800 2 AGREE (0800 224 733).

Separating partners are advised to attend different sessions and should notify the programme provider of their partner’s

name when booking.

A certificate will be issued on completion of a PTS course. This certificate is valid for two years. Attendance will also be

recorded on an external Resolution Management System; court staff will have read-only access to this system to confirm

attendance should the certificate become lost.

Assisted resolution

Parties are encouraged to attend a PTS course before embarking on assisted resolution.

The Family Dispute Resolution (FDR) service is being introduced. This service is a mandatory pre-court entry requisite and

involves two elements: 1) assessment, and 2) mediation. FDR is conducted by independent mediators who can be located

through www.justice.gozt.nz/family-justice or on 0800 2 AGREE (0800 224 733).

FDR Assessment

The FDR mediator will undertake an initial assessment of risks (e.g. harm to children) and parties’ suitability to undertake

FDR.

Unsuitable parties will be provided an exemption from the FDR process. Factors for unsuitability include:

1. Domestic violence;

2. Inability to attend;

3. Refusal to attend;

4. The case relates to a child subject to proceedings already commenced under the Children, Young Persons and their

Families Act;

5. A party is making a without notice application to the court.

A without notice track will be filed with the court where risk is identified.

Preparatory counseling

The FDR mediator may deem parties suitable for mediation but requiring counseling to participate effectively. Three hours

of preparatory counseling will be available per case.

FDR Mediation

Mediation sessions may involve parties separately or together; it may also involve other family members, such as

grandparents or whānau. The mediation will attempt to reach agreement on matters including living arrangements, day-to-

day care, schooling and medical matters, and cultural and religious matters.

If an agreement is reached, the FDR mediator will set out the agreement in a form. This agreement is not legally

enforceable; parties may wish to apply to the Family Court for formal recognition of the agreement as a Parenting Order,

which would then make the agreement enforceable by the Court.

If no agreement is reached, the mediator will provide their assessment to parties. The assessment includes the result of the

mediation, elements agreed during mediation, whether the mediator advises a Settlement Conference, and whether legal

representation is needed. If parties choose to apply to the Family Court, a copy of the mediator’s assessment will be

provided to the court.

An Issues Conference may be called before proceeding to a Settlement Conference. This is a meeting with a judge without

legal representation. The judge will decide the next steps of the case and whether legal representation is needed.

Funding

FDR services are not free. Parties are responsible for paying for FDR sessions, although some people may be eligible for

legal aid. Eligibility is based on the income threshold for Civil Legal Aid. An FDR mediator or lawyer can assess eligibility and

approve funding. An online calculator for assessing eligibility is also available on the family justice website. Funding covers

the cost of the mediator and counselor, if required.

Other – FDR provider requirements

FDR mediators must be approved by an Approved Dispute Resolution Organisation (ADRO. Such organisations include

AMINZ, LEADR, and NZLS. The Ministry of Justice will contact an FDR supplier; the supplier will then contact an approved

mediator. All FDR mediators will have contact details listed on the family justice website. Only approved FDR mediators may

issue forms for court.

Other Out-of-Court Services

A Family Legal Advice Service (FLAS) is being introduced. Providers are approved family lawyers. FLAS is available only to

those who meet the eligibility threshold, and access to its full services is limited to once per dispute during a 12 month

period, including any assistance with court forms.

The service includes explaining out-of-court processes and help with completion of court entry forms for parenting or

guardianship orders. It does not include representation, reviewing FDR agreements, filing court applications, legal advice

once the matter is before the courts, or legal aid matters. FLAS does not complete without notice applications.

FLAS is not legal aid, but it is funded for those meeting the eligibility threshold. Eligibility is based on income and number of

dependents; it is aligned with the eligibility for civil or family legal aid. An eligibility calculator can be found on the family

justice website. Eligibility can be determined by an FLAS lawyer of FDR provider. To determine eligibility, people must

complete a funding declaration form with the lawyer and provide evidence of income. Funding for eligible applicants is

available for 12 months, unless their financial circumstances change.

In-Court resolution

There are three Family Court tracks:

1. Simple track

2. Standard track

3. Without notice track

No pre-requisites are required for the simple and without notice tracks, but parties undertaking the standard track must

have completed PTS and FDR. A judge may move cases from one track to another and require people to complete PTS and

FDR.

Without notice applications may be filed by lawyers on behalf of the applicant; simple or standard track applications are

filed by the parties themselves.

Simple track

This track is designed for parties who have reached agreement and want the agreement consented to in court or for

undefended proceedings. There are no PTS or FDR pre-requisites; however, agreements reached as a result of PTS and FDR

may be dealt with under the simple track.

Applications are filed by the parties themselves, and parties represent themselves unless a judge directs a formal proof

hearing; if a hearing arises, parties can obtain legal representation. Applications are dealt with on paper unless a judge

considers oral evidence is necessary.

Standard track

This track is designed for parties who have not yet reached an agreement and provides further opportunities for agreement

before reaching a formal hearing.

There are two pre-requisites before proceedings can be filed at the Family Court. Parties must:

1. Have completed PTS within the last two years; and

2. Have completed FDR within the last 12 months.

Standard track applications are filed by the parties themselves. When filing, parties must provide evidence of attendance at

PTS and participation in FDR or evidence of a granted exemption. If evidence cannot be produced, court staff may be able

to confirm PST attendance and FDR participation through the Resource Management System database.

Parties may also apply to the court for an exemption from PTS or FDR. A PTS exemption may be granted at time of filing if

the registrar concludes:

1. Parties are unable to participate effectively, e.g. overseas, in custody, language difficulties; or

2. The application is without notice.

A FDR exemption may be granted by the registrar at time of filing if:

1. At least one party or child has be subject to domestic violence by another party to the dispute; or

2. Parties are unable to participate effectively in FDR, e.g. overseas, in custody, language difficulties.

The standard track may have up to five events before the matter proceeds to a hearing. At each stage the judge must raise

the possibility of settlement with the parties.

The first event is in-chambers consideration. The judge will review papers and decide on how best to proceed.

The second event is an optional issues conference. The judge meets the parties to seek more information. No legal

representation is allowed.

The third event is an optional settlement conference. This is a longer, more formal agreement conference. Legal

representation is at the judge’s discretion.

The forth event is an optional directions conference. This conference is to prepare for court proceedings. Legal

representation is permitted.

The fifth event is an optional pre-hearing conference. This ensures all documentation and parties are ready for the hearing.

Legal representation is permitted.

Where no agreement has been reached after the first five steps, the final event is the hearing itself. Parties may be

represented by lawyers.

Parties may resolve their dispute private during at any time during the process.

Without notice track

The without notice track is designed for urgent applications or where there is concern for the safety of children. There are

no PTS or FDR pre-requisites. Lawyers can file applications on behalf of a party, and parties are permitted legal

representation throughout as currently applies. Legal aid is available.

A judge may first direct proceedings to a directions conference. An initial order may be made or varied at this conference;

the case will also usually be set down for a hearing.

If a case is classified as “complex”, it must be transferred to the standard track. The judge who defines the case as complex

must personally take over all subsequent steps in proceedings.

To be classified as complex, one of the following criteria must be met:

1. There is a serious risk to the physical or psychological safety or wellbeing of any child or the safety of any person

may be compromised. This is to be based on the allegations of serious abuse or violence, or personality or behavior

of any of the parties; and/or

2. The case presents novel or difficult legal, technical, or evidential issues; and/or

3. Oversight by a single judge would be appropriate to the circumstances of the case.

Concurrent applications

Where a COCA application is made at the same time as an application under another act, such as a CYF application, the

judge may decide:

1. To run both concurrently.

2. To deal with the more urgent application before the CoCA application.

In the first instance, where parties have legal representation for the non-CoCA application they may retain legal

representation for both proceedings. In the second instance, the judge may transfer the CoCA application to the without

notice track and allow parties to retain legal representation, or the judge may process the urgent, non-CoCA application

first and direct the CoCA application to the standard track.

Costs

Judges will be required to decide whether parties should contribute to costs of services incurred by the court for

applications under the Care of Children Act, the Child Support Act, or the Family Proceedings Act. Services may include

appointing a lawyer for the child or acquiring specialist reports (e.g. psychologist). Costs include time spent on the case as

well as travel and other expenses. Parties cannot refuse to have a lawyer or specialist appointed by the court. Applications

withdrawn or resolved privately may still incur costs to date. The government will always cover at least one-third of costs;

but the Ministry of Justice advises all parties going to court to expect that they will be ordered to contribute. If no

exceptions apply, the judge must direct parties to each pay an equal share of two-thirds total cost. The judge has discretion

to split costs unevenly — including one party paying nothing — if domestic violence or the conduct of any party were

issues.

Exceptions

Exceptions to contribution include:

1. Parties are receiving legal aid. Refer to Legal Services Act 2011, s 45;

2. The party has a child placed under their care through the Child, Young Persons and Their Families Act, e.g. child,

youth, and family caregivers;

3. The application relates to an abducted child to or from New Zealand, i.e. Hague proceedings;

4. It is the cost of a lawyer appointed by the court to interpret a complex legal matter;

5. The judge considers contribution costs will cause the party or their dependent children “serious hardship”.

Serious hardship is determined by the judge. It includes “significant financial difficulties” arising from parties being unable

to meet:

1. Minimum living expenses according to “normal community standards”; and/or

2. Medical treatment for illness or injury suffered by a party or their dependent children; and/or

3. The educational costs of a dependent child.

Submissions

Parties are invited to make submissions on why contributing to costs will cause serious hardship or why the cost burden

should not be equally shared between parties after final costs are known.

Parties have fourteen days to make submissions. There is a further fourteen days to respond to the submissions made by

another party. Submissions are generally in writing, but a judge may direct parties to court for submissions.

Further information: Community Legal Services South has pamphlets relating to these changes. Please contact us through

email admin@clsstlaw.com.