NEWSLETTER #1 - July 2013

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Employment 2 A look at minimum wage

entitlements and

employment rights. We

also look at changes to the

Family Court & Criminal

Procedure.

Services 3

A brief overview of recent

and upcoming OCLC events

and legal services,

including our outreach and

specialist law clinics.

WINZ 4

A glance at the changes to

WINZ benefit entitlements

and how this will affect

beneficiaries.

LATEST NEWS AND UPDATES

CONSUMER MATTERS: RENT-TO-BUY SCHEMES If you are planning to purchase a consumer good under a “rent to buy” contract, we suggest you must at the very least, assure yourself of the following information before entering one: A ‘rent to buy’ agreement, also called a ‘rent to own’ agreement is a conditional sale and purchase agreement between the person supplying the goods on credit, (the creditor) and you the purchaser (the debtor). The Commence Commission has stated that a ‘rent to buy’ agreement usually has some or all of the following factors: You pay a deposit & take possession of the good; You make regular (re)payments.

A portion of regular repayment is deemed to be the rent. The other portion goes towards the purchase price. If you are unable to complete the Sale & Purchase agreement, you may have to pay a ‘penalty interest’ on the outstanding amount. Upon cancellation of the Sale & Purchase agreement, the creditor may retain all amounts paid by you to the date of cancellation. The title or ownership of the good usually remains with the Creditor until you make all payments required.

Some ‘rent to buy’ contracts are made at your home. In that case, the ‘rent to buy’

agreement is subject to the rules under the Door to Door Sales Act. Under that law, you have the right to cancel the ‘rent to buy’ sale agreement within 7 days. This right must be clearly set out on your written contract. A cancellation form must be given to you by the sales person on the day you sign the sales agreement. The creditor must also inform you in writing of the full cost to purchase the goods you have agreed to purchase under the ‘rent to buy’ agreement. If you are in doubt, we strongly advise you seek assistance before signing a ‘rent to buy’ sales agreement. You have the right to consult before you commit yourself by signing a sale and purchase agreement.

For further information on consumer matters visit the Consumer Affairs Website: www.consumer.org.nz/ or the Commerce Commission site: www.comcom.govt.nz or our website:

www.otraracommunitylawcentre.com.

TENANCY: NEW APPLICATION FORMS

The Tenancy Service of the Ministry of Business, Innovation and Employment (“MBIE”) has announced that from August 2013 there will be new Tenancy

Tribunal application forms available online and in hard copy.

The changes will be introduced to simplify the application process for landlords and tenants.

The new forms will provide more information to guide landlords and tenants through the completion of their applications.

The online application process will also be made easier by allowing applicants to attach supporting documents through the application or at the end.

For more information on upcoming Tenancy law changes visit the MBIE

website: www.dhb.govt.nz

LAUNCH OF MĀORI

LEGAL DICTIONARY

In June 2013, He Papakupu Reo Ture: A dictionary of Māori Legal Terms was launched at the University of Victoria in Wellington.

The masterminds and editors of the dictionary are Māmari Stephens, a Senior Law Lecturer at the University of Victoria and Mary Boyce, the Maori Program Coordinator at the University of Hawai’i at Mānoa.

The dictionary’s publisher LexisNexis provides that the dictionary draws its entries and usage examples from the Legal Maori Corpus, a digitized collection of thousands of pages of legal and law-related texts in the Maori language dating from between 1828 and 2009.

To order a copy of He Papakupu Reo Ture, visit the LexisNexis store website:

http://www.lexisnexis.com/store/us/

FAMILY COURT CHANGES

The Minister of Justice Judith Collins has recently announced changes to the Family Court that have been a moot point for the legal fraternity, since the proposed changes were announced.

One of the major changes is the proposed out-of-court family dispute resolution process (FDR) which will effectively see an increase of self-litigants in the Family Court.

The aim of the changes is to resolve family disputes in a fast and efficient manner, while putting the needs of children first. The focus of the reform is also to assist the vulnerable.

For more information on the proposed changes see the Ministry of Justice website: http://www.justice.govt.nz/policy

KNOW YOUR EMPLOYMENT MINIMUM WAGE ENTITLEMENTS

A recent MBIE Labour Department media release noted that the Ministry’s Labour

Inspectorate lodged an action with the Employment Relations Authority (ERA) in

Auckland following complaints that employees were being paid less than $4 an hour for

up to 70 hours’ work per week.

15 companies are currently being investigated by the Labour Inspectorate and

Immigration New Zealand for their involvement in this matter. Each company could face

a maximum penalty of $20,000 in respect of each failure to comply under the ERA.

For more information on this story please follow this link:

http://dol.govt.nz/News/Media/2013/four-dollars-an-hour-action.asp

From 1 May 2013 the starting-out wage replaced the new entrants’ minimum wage and

training minimum wage for under-20s.

The current minimum wage for adult workers (16yrs+) is $13.75 an hour. The current

minimum wage for workers starting-out or those training is $11.00 an hour.

If you have any concerns regarding your wages/salary contact MBIE on 0800 20 90 20

CRIMINAL PROCEDURE CHANGES

The Criminal Procedure Act 2011 (“Act”) came into effect on 1 July 2013 in all District and High Courts in the country with the aim of speeding up the court process and providing formal avenues to resolve matters earlier in proceedings. Offences are categorised as follows:

Category Maximum Sentence Type of trial available

One Fine only offences Judge Alone Trial

Two Community-based sentence or up to 2 years in prison

Judge Alone Trial

Three More than 2 years in prison (unless specified in schedule 1 of the Act)

Judge Alone Trial unless defendant elects Jury Trial

Four Offences listed in schedule 1 of the Act Jury Trial only

More information about the new procedures can be found: http://www.justice.govt.nz/courts/modernising-courts/new-criminal-procedure

FREE LEGAL SERVICES

We provide FREE Legal Services to the South Auckland Area (except Mangere).

Our services range from Legal Advice, Assistance and Information to Legal

Education and Representation.

Check out PAGE 3 for more details on our upcoming events and services.

For more details please contact:

Our office on (09) 274 4966 or

See our OCLC website: www.otaracommunitylawcentre.com

OCLC SERVICES: RECENT AND UPCOMING EVENTS

Our second round of Free

Māori Land Advice &

Education Clinics was held at

Manurewa Marae on 18 July

2013.

Our clinics are designed to

inform, educate and advise

Māori Land owners,

shareholders and trustees on

various aspects of their Māori

Land.

These clinics are run in

partnership with the Māori

Land Court – Tāmaki Makaurau

and Te Mata Law.

MĀORI CAUCUS From 24 -25 May this year, the inaugural Māori Caucus of the Coalition of Community Law Centres o Aotearoa was held at Owhata Marae in Rotorua. The Hui was attended by representatives from most of the

Community Law Centres from the North to the South of

Aotearoa.

Distinguished Guest speakers included Moana Jackson and

Annette Sykes who spoke of the importance of the Community

Law movement, not only for the beneficiaries of Community Law

services but for the wider legal profession.

Māori Caucus is currently planning some exciting initiatives so

keep an eye out for updates in next month’s newsletter.

WINZ BENEFIT CHANGES:

Otara OCLC 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

Flat Bush Chapel Downs Primary School 170 Dawson Rd, Flat Bush Appointments available: Fortnightly on Wednesday

SERVICE CLINICS

From 15 July 2013, changes to benefits will come into force. These changes will affect many within our community. The changes relate to terminologies; new duties; new work test requirements; effect of criminal proceedings and spousal obligations.

(continued on next page)

MĀORI LAND CLINICS

Dates for upcoming clinics

are:

Wednesday 21 August 2013

Thursday 12 September 2013

Wednesday 9 October 2013

Thursday 14 November 2013

For more information on

these clinics contact Wi Pere

Mita:

wipere.mita@otaralaw.org.nz

CHANGE IN TERMINOLOGY: The table below shows the benefit names as they were known prior to 15 July 2013 and what the benefit will be called from 15 July 2013.

People currently on: Moved to:

o Unemployment Benefit o Sickness Benefit o Domestic Purposes Benefit - Women Alone o Domestic Purposes Benefit - Sole Parent if youngest child is 14+ o Widow’s Benefit – without children, or if youngest child is 14+

Job Seeker Support

o Domestic Purposes Benefit - Sole Parent if youngest child is <14

o Widow’s Benefit – if youngest child <14

Sole Parent Support

o Invalid’s Benefit o Domestic Purposes Benefit – Care of Sick or Infirm

Supported Living Payment

DUTY TO ENROL CHILDREN IN EARLY CHILDHOOD EDUCATION & PRIMARY HEALTH

ORGANISATION

Beneficiaries must enroll their children with a Primary Healthcare organisation. The following diagram outlines the parental obligations in regards to their children:

TOUGHER DRUG TEST FOR

WORK OR WORK-

TRAINING BENEFICIARY

Beneficiaries who are eligible for work or work-training may now be required to undergo a drugs test when they are applying for work and work-training. Potential employers or training providers can request it or it can be a requirement under the law. WINZ will pay for the drug test unless you fail. You will then need to repay WINZ for the costs of such tests

WHAT HAPPENS TO DRUGS TEST RESULTS?

A potential employer or training provider may provide WINZ with the results of the drug test, your consent is not needed. If there is no good or sufficient reason given to WINZ relating to why the beneficiary failed or did not comply with the drugs test, then your benefit may be reduced, suspended or cancelled at the discretion of

a WINZ representative.

http://www.workandincome.govt.nz/individuals/benefit-changes/pre-employment-drug-testing.html

CRIMINAL PROCEEDINGS AND EFFECT ON YOUR BENEFIT

If an arrest warrant is issued for the arrest of a beneficiary. WINZ will be notified of the arrest warrant 28 days after that arrest warrant has been issued. WINZ will give the beneficiary up to 10 working days to address the arrest warrant.

If the arrest warrant is not cleared your benefit may be reduced to half (if you have dependent children) or stopped (if you have no dependent children)

HOW DO I GET MY BENEFIT BACK?

Your benefit will be put back to normal if the arrest warrant is cleared or you have taken all reasonable steps to clear the arrest warrant but it could not be cleared because of circumstances outside of your control.

Beneficiaries with dependent children must take all reasonable steps to make sure:

From the age of 5-6, children are enrolled in and attending school and

All Children (from 3-16) must be enrolled with a General Practitioner, normally it would be your family doctor.

Beneficiaries with dependent children must take all reasonable steps to make sure:

From the age of 3 until your child starts school, children are to be enrolled and attending: Approved ECE programmes; or Te Aho o Te Kura Pounamu – The Correspondence School; or Another approved parenting or ECE home education programme.

All children under 5 must be kept up to date with their core Well Child/ Tamariki Ora checks.

NEXT MONTH’S EDITION

In our next edition we will look at the changes to benefits in more detail.

If you have any stories, news, updates or comments to share with us, please email johnny.nuu@otaralaw.org.nz

Don’t forget to visit our website for more details of our services: www.otaracommunitylawcentre.com