NEWSLETTER #10 April 2014

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Legal Highs 2

Services 3-5

Education 6

We take a look at the

proposed changes to the

laws relating to legal highs

We are excited to bring

you a number of new

services in 2014. We

outline some of those

services in this months’

edition.

A snippet of some of our

free legal education

sessions running next

month.

Social Housing Changes On 14 April 2014, the New Zealand Government changed the way ‘social housing’ operates. Social housing is a term associated with housing provided by Community Housing providers or Housing New Zealand.

The changes are aimed at increasing the number of organisations that are able to provide social housing. In order to manage the increase of social housing providers, the Ministry of Social Development (“MSD”) has now been tasked with managing applications for social housing and refers applicants on the waitlist to social housing providers.

The following is a breakdown of responsibilities between MSD and Housing New Zealand -

MSD is responsible for:

Assessing people’s eligibility for social housing

Managing waitlist for social housing

Referring people to social housing providers

Calculating and administering income related rents

Paying income related rent subsidies to housing providers.

Housing New Zealand will continue to have the following responsibilities:

Be landlord to all state housing tenants and manage their nationwide portfolio of almost….

70,000 properties

Provide housing to people referred to them by MSD

Manage tenancies, including organizing repairs

For more information please see the Ministry of Social Development website: https://www.msd.govt.nz/about-msd-and-our-work/work-programmes/social-housing/index.html

CHANGES TO SOCIAL HOUSING

IN NEW ZEALAND

THANK YOU!

We want to take the time to say thank you to our student volunteers

this month from Auckland University, School of Law and The

Equal Justice Project

We really appreciate your hard work!

Proposed cemeteries and crematoria Bylaws

The Auckland City Council is currently seeking submissions of the proposed changes to cemeteries and crematoria bylaws.

They plan to replace the current eight bylaws, inherited from former councils, with a new bylaw and code of practice. The aim of the new bylaw is to

ensure the health and safety of visitors and workers

prevent damage and misuse

provide for the deceased in a controlled and respectful manner.

The new bylaw and code of practice is set to come into force on 1 November 2014. If you are wanting to make a submission on the proposed bylaw you can do so via the Auckland City Council website as follows: http://www.aucklandcouncil.govt.nz/EN/licencesregulations/Bylaws/Pages/cemeteriesandcrematoriabylaw.aspx

PROPOSED CEMETERIES AND CREMATORIA BYLAW

LEGAL HIGHS: Psychoactive Substances Bill 2014

Expected Legal Highs Ban: Psychoactive substances ban and testing

It has been announced that legislation amending current laws that apply to the sale of Synthetic Drugs, more commonly known as ‘legal highs’ will be introduced and passed through all stages under urgency on 8 May 2014. The law reform will see the remaining 41 legal high products removed for testing purposes.

There has been increasing concern in local communities over the safety of Synthetic drugs or “legal highs” as they are more commonly known. Legal Highs are deemed to be stronger than the natural variety and bond more efficiently to receptors in the brain. Legal highs can cause a variety of potentially serious physical and mental effects which include hallucinations, seizures, heart attacks and strokes.

Associate Health Minister Peter Dunne states that it is impossible to attribute these adverse effects to any particular product and a transitional period is needed to allow for testing purposes. All synthetic drugs will be pulled off the shelves within three weeks once the Bill has passed.

The current legal position under the Psychoactive Substances Act 2013 is that licensed retailers can sell drugs that are deemed to pose a low risk of harm. There are currently 150 outlets in New Zealand that are selling a total of 41 different legal drugs. These 41 different drugs will all need to undergo individual testing to ensure that they are deemed to be ‘low-risk’.

Those who oppose the Bill are concerned over the potential effects that a sudden removal of legal highs may have on current users and have voiced that this may instigate a ‘panic-buying’ spree which could lead to more reliance on the black market to access highs.

Source: New Zealand Herald, stuff.co.nz and beehive.govt.nz

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

Maori Intellectual Property: Haka, Ka Mate

The Haka Ka Mate Attribution Bill was passed on the 22nd of April 2014. The Right of Attribution refers to a copyright law concept that requires the author of the work to be acknowledged when it is used. In this case the work referred to is the haka, ka mate. The haka has been made world famous by the New Zealand national rugby team, the All Blacks who usually perform the haka before a rugby match. In light of this fame, the Act aims to acknowledge the cultural importance of the Haka to Ngati Toa Rangatira Iwi as well as accredit Te Rauparaha as the composer and a chief of Ngati Toa.

The Act briefly outlines the history of the composition of the Haka and the status of the Haka as a taonga (cultural treasure).

The Right of Attribution only applies in a commercial context:

Any publication of Ka Mate for commercial purposes;

Any communication of Ka Mate to the public;

A film that includes Ka Mate to the public;

The Right of Attribution can be waived in agreement with Ngati Toa. This is the current position with the All Blacks.

Some cultural, education and news groups need not worry about being liable as the right of attribution does not apply in the following circumstances:

Performed (for example by a kapa haka)

Used for any educational purposes

Made for the purpose of criticism, review or reporting news

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.

CLSST SERVICES COMMUNITY EVENTS & SEMINARS

Legal Lunchbox this month covered Immigration Law. Over 3 weeks participants learnt about rights of over-stayers, work visas, residency visas, sponsorship and education entitlements. From the feedback we have received, participants thought that the sessions helped increase their awareness of immigration law in New Zealand and are now able to apply some of what they learnt to their own lines of work. Other participants had commented that they will be able to use the information to assist family members or at least point them in the right direction.

Please see page 6 for details of our next series.

LEGAL LUNCHBOX SERIES 3

Participants at our Legal Lunchbox Series 3 on

Immigration Law at Papakura

FIND US ONLINE:

Website: www.clsstlaw.com

https://www.facebook.com/clsstlaw

https://twitter.com/clsstlaw

8 May 2014: Mana Wahine Day

Manurewa Marae

81 Finlayson Ave

Manurewa

9am-1.30pm

“A day to empower, educate and inspire the

young women of Manurewa. Guest speakers

will be attending – theme is ‘be comfortable

in your own skin’”

Contact: errinh@manurewamarae.co.nz

12 May 2014: Otara-Papatoetoe Local

Board Community

Meeting

35 St George St

Papatoetoe

5.30-6.30pm

“have your say and tell the local board your

ideas and concerns”

Contact:

otarapapatoetoe@aucklandcouncil.govt.nz

If you have a community notice please email

us at education@clsstlaw.com

COMMUNITY NOTICES MAY 2014

Jonathan from Forensic Interviewing Solutions

providing our lawyers with interviewing skills training at

Clover Park, Manukau

FREE MONTHLY MAORI LAND

CLINICS

Venue: Manurewa Marae

81 Finlayson Ave Manurewa

Times: 10am-3pm

(30min appointments) Dates: 7 May 2014

4 June 2014 2 July 2014 6 August 2014 3 September 2014 1 October 2014 5 November 2014 3 December 2014

Proudly brought to you by Te Mata Law, Maori Land Court, Tamaki Makaurau and CLSST

Contact: Wi Pere Mita – wipere.mita@clsstlaw.com

CLSST SERVICES: COMMUNITY EVENTS, UPDATES AND NEWS

CLSST has gained a new staff member! As the Manager’s assistant, Edwin Sheppard is helping out with the day-to-day management and administration of the centre. Edwin has a background in law, having completed a Bachelor of Law and Arts (Political Studies) at Auckland University. He has been volunteering at the Waitakere Community Legal Service since 2011, and jumped at the opportunity to work at Community Legal Services South.

Edwin grew up in East Auckland and got involved with the United Nations Youth when he was in high school, which helped to strengthen his interest in social issues. He has always been focused on the human face of the law and how it affects people in their daily lives, and gets a huge kick out of being able to help people out. Edwin was recently admitted to the bar, and has been using the opportunity to work on legal issues at CLSST in his spare time. The exposure to a wide variety of legal areas is proving to be a valuable learning experience.

Welcome to the Team – CLSST newest staff member

FINANCIAL MARKETS AUTHORITY NEW ROLE AS REGULATOR

From 1 April 2014 the Financial Markets Authority (“FMA”) will replace the Commerce Commission as the main regulator of conduct in relation to financial products and services (excluding credit contracts)

Consumers should now contact the FMA with any complaints relating to unfair conduct in relation to products or financial services that occurred after 1 April.

All complaints relating to conduct prior to 1 April should be directed to the Commerce Commission.

All complaints in relation to consumer credit contracts under the Fair Trading Act 1986 and the Credit Contracts and Consumer Finance Act 2003 should still be directed to the Commerce Commission.

If you want to make a complaint or report misconduct you contact FMA via their complaints line 0800 434 566.

For complaints prior to 1 April 2014 contact the Commerce Commission on 0800 943 600

RADIO 531pi: Our weekly Legal Information slot on Radio 531pi will continue this month where we will cover Employment Law rights. Tune-In to Radio 531pi, Tuesdays from 2pm

LEGAL EDUCATION SEMINARS 2014