legal lowdown newsletter#26
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LEGAL LOWDOWN
ISSUE
26
August 2015
COMMUNITY LEGAL SERVICES SOUTH TRUST
2 Flatmates vs Tenants 3
Enduring Power of Attorney
HEALTH AND SAFETY LAWS
The Health and Safety Reform Bill has passed and the new law (the Health and Safety at Work Act) will come into force 4 April 2016. The Bill replaces the Health and Safety in Employment Act 1992 and is a part of “Working Safer” which is aimed at reducing New Zealand’s workplace injury and death toll by 25% by 2020.
There are a number of objectives that the law reforms hope to achieve as follows:
(a) Reinforce proportionality: A workplace must have appropriate risk management measures in place, based on the level of risk and size of workplace.
(b) Focus on identifying & managing critical risks as opposed to trivial hazards.
(c) Focus on what are reasonably practicable health and safety measures for workplaces.
(d) Focus on conduct of work as opposed to physical workplace. (e) Supports engagement and participation with workers to promote
flexibility to suit business size and need.
5 Status of Maori Land 6 Tenancy law reform
HEALTH & SAEFTY LAW REFORM Health and Safety at Work Act
A set of regulations are currently being developed to supple-ment the new law reforms.
There will also be a requirement for all large businesses and small business in high risk sectors to have a health and safety representative if a worker requests such. There will also be a requirement to consider establishing a health and safety com-mittee if 5 or more workers or a health and safety representa-tive requests such.
The new laws also provide for penalties for serious offences for both individuals and corporate entities for reckless conduct that results in the death of a worker. The maximum penalty is a $3million fine or 5 years imprisonment for individuals.
For more information on these law changes, please see the MBIE website.
Source: Ministry of Business Innovation and Employment
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A person who shares a
property with a Tenant(s)
but does not have a legal
relationship with the
property (landlord)
FLATMATE TENANT
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AUCKLAND COUNCIL has intro-
duced a new Animal Management Bylaw
2015.
PURPOSE
The purpose of the bylaw is to provide
for the proper management of bees,
stock and horse riding so to:
(a) protect the public from nuisance;
(b) maintain & promote public health & safety;
(c) minimise the potential for offensive behaviour
in public places, and
(d) manage animals in public places.
OBLIGATIONS
The Bylaws impose certain obligations on
animal owners including obligations to:
(a) Ensure that the animal does not intimidate or cause nuisance
or risk to public health and safety.
(b) Comply with bee and stock keeping controls and licenses
(clause 9 and 10 of bylaws)
(c) Not intentionally bring animals into recreational parks unless
consent is granted by Council, signage allows such and the
owner complies with conditions of entry or presence of animal.
OFFENCES
A person can be liable for penalties under the Local Govern-
ment Act 2002 or Health Act 1956, for breaching the new
bylaws.
Penalties under the Local Government Act 2002 include:
Injunctions, removal of works in breach of bylaws, seizure and
disposal of property (on private and non-private land), recovery
costs for damage caused by willful or negligent behavior or a fine
not exceeding $20,000 for a person convicted of an offence
against a bylaw.
Penalties under the Health Act 1956 include:
Penalties for permitting or causing nuisances, owners or occupiers
may be required to cleanse premise, penalties for offences punish-
able on summary conviction or a fine not exceeding $500 an in the
case of a continuing offence, to a further fine not exceeding $50
for every day on which the offence has continued.
For more information on these new bylaws, please see the
Auckland Council website.
ANIMAL BYLAWS
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected] 3
ENDURING POWER OF ATTORNEY
The Office for Senior Citizens has announced the release of
new resources to assist families and other organisations to
prepare Enduring Power of Attorney documents.
The latest online resources include:
(a) videos explaining Enduring Powers of Attorney;
(b) Information pamphlets about the Enduring Power of At-
torney process;
(c) Enduring Power of Attorney templates for:
(i) Personal care and welfare;
(ii) Management of property;
(iii) Witness certificate; and
(iv) certificate of non-revocation
These resources are available for viewing or download from
the Ministry of Social Development website.
In addition to the information and resources above, the Minis-
try of Social Development website also has links to other
useful sites such as the national Community Law website.
Source: Ministry of Social Development
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NGĀ TAKE MĀORI Issues affecting Māori communities
STATUS OF MĀORI LAND
I roto I ngā marama kua hori kua āta wānanga a Aotearoa I ngā
panonitanga i Te Ture Whenua Maori Act 1993, heoi, kaore ano
kia puta ētahi panonitanga tuturu. I tēnei wā, ka titiro tātou ki
ētahi wahanga o Te Ture Whenua Maori Act 1993.
There are two types of “Māori land” – namely, Māori free-
hold land and Māori customary land. However, a third cate-
gory of land – General land owned by Māori – is also subject
to some of the provisions of Te Ture Whenua Māori Act
1993.
Māori freehold land
This is land where Māori customary interests have been
converted to freehold title by the Māori Land Court or its
predecessors by a freehold order. This land has therefore
never been out of Māori ownership. Most Māori freehold
land was created by the Land Courts in the 19th and early
20th centuries as part of a drive to convert communal own-
ership to individual title. Māori freehold land continues to be
Māori land until the Māori Land Court changes its status.
Today almost all Māori land is Māori freehold land. There
are about 1.47 million hectares of Māori freehold land,
which makes up roughly five percent of all land in Aotearoa.
Māori customary land
This is land that is held by Māori in accordance with tikanga
Māori and that was never converted to Māori freehold land
by the Land Courts, so that Māori have the same title to it
as they had in 1840. Very little Māori customary land exists
today and therefore in practical terms “Māori land” means
only Māori freehold land.
General land owned by Māori
“General land” refers to ordinary privately owned freehold
land, and the category “General land owned by Māori”
means General land that is now beneficially owned either by
one Māori person or by a group of people the majority of
whom are Māori.
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected]
Changing from General Land to Maori Land
You’ll need to lodge an application with the Māori Land
Court, accompanied by a current certificate of title from
Land Information New Zealand. Your application will need
to satisfy the court either:
that all the owners agree to the change in status to
Māori freehold land, or
that the land can be managed or used effectively as
Māori freehold land and that a sufficient proportion of
the owners agree to the change.
Changing from Maori Land to General Land
This is subject to a number of significant restrictions. The
change requires an order from the Māori Land Court, and
the court must be satisfied:
that the land is beneficially owned by no more than 10
owners
that there is no trust over the land
that the title to the land is, or can be, registered under
the Land Transfer Act 1952
that a sufficient proportion of owners agree to the
change and have had enough time to consider it, and
most importantly, that the land can be managed or
used more effectively as General land.
The requirements are different, however, if the land is
owned by an incorporation or by the trustees of a Māori
land trust.
For more information about applying to change the status of
land, please see the Maori Land Court website.
Source: Community Law Manual
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PASEFIKA ISSUES TENANCY LAW CHANGES ‘Ihe mahinani ōku mau vakai ‘a e ngaahi fetongi ki he lao
“tenancy” pe koe nofo ‘api totongi )rent).
Tenancy Laws have changed with new requirements for in-
sulation, smoke alarms, better enforcement and faster reso-
lution of abandoned tenancies.
The new laws will come into effect in two stages:
Stage 1 (1 July 2016): requirement to retrofit ceiling and
underfloor insulation in rental homes over the next four
years, for social housing that is heavily subsidised by Govern-
ment; and
Stage 2 (1 July 2019): requirement to retrofit ceiling and
underfloor insulation in rental homes over the next four
years, for all rental housing including boarding houses.
The average cost of retrofitting both ceiling and floor insula-
tion is approximately $3,300.
EXEMPTIONS
The exemptions to these new requirements will be where it
is physically impractical to retrofit insulation due to limited
space underfloor or inaccessible raked ceilings.
TENANCY AGREEMENTS
From 1 July 2016, there will also a be a requirement for
Landlords to state in tenancy agreements the level of ceiling,
underfloor and wall insulation to help better inform tenants.
SMOKE ALARMS
Along with this requirement, landlords must ensure that all
tenanted properties have working smoke alarms (10 years
photoelectric alarms will be required where there is no ex-
isting alarm or when replacing an existing alarm). It is then
the responsibility of the tenant to replace batteries or notify
the landlord of any defects with the alarms.
This process will cost approximately $40 for a smoke alarm
and approximately $12 for a battery (to be replaced every 6-
12 months)
MINISTRY OF BUSINESS, INNOVATION &
EMPLOYMENT
Also under the new law changes, The Ministry of Business,
Innovation and Employment will have new powers to investi-
gate and prosecute landlords for breaking tenancy laws as
part of these reforms, particularly where there is risk to the
health and safety of tenants.
TENANCY TRIBUNAL PROCESSES
The changes will also ensure tenants can take concerns to
the Tenancy Tribunal without fear of being evicted for doing
so. The maximum penalty that can be imposed by a landlord
for giving a retaliatory notice is a $2,000 fine. A retaliatory
notice is where a landlord gives notice (to terminate tenancy
or otherwise) by virtue of a tenant exercising his or her
rights under law (for example, taking concerns to the Tenan-
cy Tribunal to resolve).
The changes also bring about a streamlined process whereby
landlords can re-tenant a property that has been abandoned
by a tenant who has no intention of returning. This process
will take 10 days as opposed to up to 6 weeks under the
current regime.
The Tenancy Tribunal can also grant a work order (where a
landlord is required to complete work on a property so that
it complies with the existing laws) or exemplary damages of
up $3,000. Exemplary damages is compensation for any loss
suffered by the tenant due to the landlords failure to comply
with the existing laws.
For more information on the new changes, please see the
Ministry of Business, Innovation and Employment website
Source: Beehive
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected] 6
7
Legal Education UPCOMING
SESSIONS
We currently have 2 on-air legal
information slots which are part of
our preventative services. We
provide these services every
Wednesday. Each week we look at a different area of
law. The details of our on-air services are as follows:
Planet FM: Kiribati Voice, from 1:00pm
Radio 531pi: Pacific Drive Time, from 2:00pm
To listen to our on-air services, tune in, live via the links
below:
ON AIR
Legal Services
LEGAL EDUCATION
Our legal education sessions are part of our preventative
services which aim to reduce the number of legal disputes
occurring in our communities.
Through our legal education services, we seek to inform,
and educate the community on their legal rights and re-
sponsibilities in relation to various legal topics.
It is also an opportunity for individuals to ask questions
about specific areas of law they may not understand.
For more information on our Legal Education sessions
visit the education tab on our website to download/view
our education booklet or contact us on (09) 274 4966
Send in your news
If you have any news or notices, please send them to news-
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected] 7
#452 education participants this month
#28 education sessions delivered this month
#Top 5 education sessions in August: 1. Employment Law
2. Care of Children
3. Domestic Violence
4. NZ Legal Systems
5. Maori Land
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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
6A Rouslton Street
Pukekohe
Appointments available:
Fortnightly on Tuesday
Manurewa
Manurewa Marae
81 Finlayson Ave
Manurewa
Appointments available:
Wednesday
Cover photo credit: Forktruck Direct UK
OUTREACH CLINICS: Our Community
TE MATA LAW:
7 October 2015
BENNION LAW:
2 September 2015
4 November 2015
A free Māori Land Advisory Clinic provided in partnership with the Te Mata Law, Bennion Law and
Manurewa Marae, (First Wednesday of every month - by appointment only). Below are the dates for the
2015 Māori Land Advisory Clinics:
CLINIC DETAILS:
Manurewa Marae
81 Finlayson Ave
MANUREWA
30mins appointments
from 10am -1pm
For more information or to book an appointment (with a lawyer) contact
Wi Pere Mita: (09) 274 4966 or [email protected]
MAORI LAND CLINIC FREE MAORI LAND ADVICE
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected] 8