legal lowdown newsletter#28
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LEGAL LOWDOWN
ISSUE
28
October 2015
2 NEW ACC LAWS 3
GAMBLING LAWS & LOW INCOME LOANS
Passports Amendment Bill (No 2) 2015-
Passed!
On 15 October, International Affairs Minister, Peter Dunne an-
nounced the passage of the Passports Amendment Bill (No 2).
This new law will enable the issue of 10 year passports to adult
New Zealanders. These will replace the current 5 year pass-
ports.
It is important to note that children passports will still have a 5
year expiry as the appearance of a child changes significantly
over time. This is consistent with international convention.
The rationale behind the law change was to provide greater con-
venience to passport holders in having to renew their passports
less frequently. These changes also result in a price reduction in
the annual average price of an adult passport which will cost no
more than $180.00 per passport.
6 RIGHTS TO A REFUND Consumer Law 7 Mental Health Awareness Week
10-YEAR PASSPORTS APPROVED Passports Amendment Bill (No 2) 2015
There are also proposals to extend online services to allow
child passport renewals and first-time adult applications to be
submitted online. Currently around 40% of adult renewal ap-
plications are submitted online.
“We must safeguard the highly trusted international reputa-
tion of our passport which allows New Zealanders the free-
dom to visit approximately 170 countries without applying for
a visa.”
The 10-years passports will be available from 30 November
2015.
For more information about the new 10-year passports, please
see the Beehive website.
Source: beehive.govt.nz
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Admission to the Bar
Congratulations to our volunteer Neferteri Cristobal
who was admitted to the bar on 2 October 2015 at
the High Court at Auckland.
Our lawyer Soane Foliaki acted as her moving coun-
sel at her admission ceremony.
ACC Law Change
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected]
ACC Minister Nikki Kaye has confirmed that Cabinet has signed
off changes to the Accident Compensation Act 2001 that will al-
low superannuitants to better cope with the accidental death of
the spouse or partner.
The current law requires superannuitants to chose between re-
ceiving either the NZ Super or ACC weekly compensation (after
receiving both for one year). This is despite ACC weekly compen-
sation being available for five years to the spouse of someone who
is fatally injured.
ACC weekly compensation is paid when someone is unable to
work because of injury. It is paid as a percentage of the pre-injury
earnings.
The new change will allow superannuitants to receive both NZ
Super and surviving spouse weekly compensation on the same
basis as other surviving spouses. This change will apply to superan-
nuitants whose spouse/partner was working at the time of their
accidental death, and receiving earnings which qualify for the pay-
ment of ACC weekly compensation.
For more information, see the Beehive website.
Source: beehive.govt.nz
Redundant laws to be repealed
The Minister of Regulatory Reform, Steven Joyce
and the Parliamentary Under-Secretary for Regula-
tory Reform, David Seymour have released the
Statutes Repeal Bill.
This Bill sets to repeal 120 pieces of legislation and
parts of eight other Acts that are deemed to be
“redundant”.
If that Bill is passed, it will reduce the total number
of public Acts by 10%.
Calls for submissions on the new Bill have been
made. Anyone wanting to make a submission must
do so by the submission closing date which is 4
December 2015.
For more information, see the Beehive website.
Source: beehive.govt.nz
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GAMBLING LAW CHANGES
The Gambling Amendment Act 2015 became law this month.
The new Act aims to give greater affect to the purpose of the
Gambling Act 2003 which is to ensure that money from gam-
bling benefits the community.
The Act will:
Increase the transparency of grant-making from the pro-
ceeds of gaming machines in pubs and clubs (Class 4 gam-
bling)
Reduce potential conflict-of-interest situations between non-
casino gaming machine operators, venues and grant recipi-
ents
Improve transparency surrounding the use of management
companies carrying out specific gambling-related functions
for gaming societies
Simplify compliance and reduce costs for societies and venue
owners in some areas
Ensure the efficiency of the Gambling Act appeal processes.
Statistics
The latest Gambling Expenditure Statistics published by the
Department of Internal Affairs shows that $2091mil was ex-
pended on the four main types of gambling activity—TAB rac-
ing and sports betting, NZ Lotteries games, gaming machines
(outside casinos) and casino gambling in the 2014 financial
year.
According to the 2012 New Zealand Gambling Survey, 0.7% of
New Zealand adults aged 18years and over were found to
have a gambling problem.
If you, a family member or a friend is suffering form a gambling
problem, contact:
Gambling Helpline
Ph: 0800 654 655 (7 days)
Email: [email protected]
TEXT “4 HELP” to 8006
For more information, see the Beehive website.
Source: beehive.govt.nz
COURT TXT REMINDERS
The District Courts have introduced a new text messaging service which reminds those appearing in Court of the Court date through receiving an automated text message the day before their hearing.
There is currently a 4%-6% “no show” rate in case review, sentencing and judge-alone trial events. This results in the issue of 3500+ arrest warrant for those who fail to attend Court.
To sign-up for the new text reminder service, please see
the Ministry of Justice website or call 0800 268 787
Source: ADLSI Lawnews
Community Finance
Low-Income Loans
The Bank of New Zealand has announced that it will in-
crease its support for the Community Finance initiative.
This partnership initiative between the Ministry of Social
Development, BNZ, Good Shepherd NZ and the Salvation
Army, provides interest free and low interest loans to
New Zealanders on low incomes.
This initiative was developed in 2014 with pilot pro-
grammes being set up in South and West Auckland.
Loan applicants currently work with Community Finance
Workers from the Salvation Army in Waitakere and Ma-
nukau, and can apply for support to purchase items which
provide economic opportunities and improve the quality
of life, such as cars and car repairs and household items
such as appliances and computers.
It is hoped that as a result of the initiative loan applicants
are able to better resource themselves for ongoing educa-
tion opportunities and employment.
The Minister for Social Development, Anne Tolley, wel-
comes the pledge of $50 million from BNZ saying that
“Community Finance offers an alternative to high-interest
loans and the type of easy credit which has huge hidden
fees.”
For more information, see the Salvation Army website.
4 © CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected]
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NGĀ TAKE MĀORI Issues affecting Māori communities
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected]
Te Reo Māori: Māori Language (Te Reo Māori) Bill Kua whakaae te kāhui minita ki ngā panonitanga I te ture reo
Māori hou. Ka tirohia e tātou ēnā panonitanga.
Key proposals to amend the Māori Language (Te Reo Māori)
Bill have been approved by Cabinet.
The key proposals include:
Giving legislative status to two Māori Language Strat-
egies, one the responsibility of the Crown, which will
focus on national-level issues and the other strategy
the responsibility of tangata whenua that will focus on
matters at an iwi and community level; and
That the primary responsibilities of Te Mātāwai to
support whānau, hapu, iwi and communities, but also
enabling it to influence central government efforts;
and
Adjusting the membership of Te Mātāwai to ensure
representation for urban Maori and providing for Te
Puni Kokiri to facilitate the selection process; and
Maintaining Te Taurawhiri and Te Māngai Pāho as
Crown Entities and;
Establishing two governance and engagement forums
between Te Mātāwai and the Crown
These proposals are supported by the Minister of Maori De-
velopment.
Cabinet has also agreed to enact the Bill in both English and Māori, with the Māori text prevailing in law should there be a dispute around interpretation.
For more information, see the Te Puni Kokiri website
6 © CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected]
PASEFIKA ISSUES KNOW YOUR RIGHTS ABOUT
REFUNDS
O le vaega faapitoa lenei o le Legal Lowdown e talanoaina ai
mataupu faaletulafono o loo aafia ai tagata Pasefika i le siosi-
omaga inei Niu Sila. O lenei masina, a o aga’i atu i aso fiafia ma
malologa i le fa’aiuga o lenei tausaga, o le a faatalanoaina ai aia
tatau a tagata pe a fa’atau oloa.
What are your rights to a refund from a shop?
You don’t actually have a right to return goods for a refund if
you simply change your mind. A shop doesn't have to give
you a refund if you:
1) Regret buying the goods, for any reason;
2) Find the same thing cheaper elsewhere;
3) Bought something for someone else that they don’t
like or already have;
4) Bought clothes that don’t fit or something that
doesn't match what you already have.
What should you do if you want to return goods and
get a refund?
Before you buy something you are unsure about, ask whether
the shop has a return policy or offer exchange cards that al-
low you to exchange your gift.
Return Policy
Some shops have a “change of mind” return policy. The terms
of these return policies are decided by the shop owner.
Check the terms and conditions of the policy before you buy.
What if the shop does not have a return policy?
You can ask the shop whether you can return goods if they
are not suitable. If the shop agrees to this, get the agreement
in writing when you buy the goods. They may also have an
exchange card you can use.
What if there is a fault with the goods I have
purchased?
If there is a fault with the goods you have purchased, you are
covered by the Consumer Guarantees Act 1993 (CGA). The
CGA sets out a number of guarantees that all goods sold in
New Zealand must meet, such as, being acceptable in quality.
So, if you buy or receive something that turns out to be
faulty, you have the right to take it back to the shop and ask
them to fix the problem. Depending on how serious the fault
is, the shop might have to repair or replace the goods, or
offer you a refund.
We have developed some interactive exercises, aimed at
youth, to help improve knowledge of rights to return and
exchange.
Please see our website to access these interactive resources
by following this link
Source: Ministry of Consumer Affairs
© CLSST, 2015 - (09) 274 4966 - www.clsstlaw.com - [email protected] 6
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Mental Health Awareness Week 2015 Mental Health Awareness Week (MHAW) ran from 5-11 Octo-
ber 2015.
The theme of MHAW was “give”. In keeping with the theme of
MHAW 2015, CLSST is helping to “give” by providing some
statistics on Mental Health in New Zealand.
These statistics are taken form the Mental Health Foundation:
Quick Facts and Stats 2014 (2012/13 NZ Health Survey) Chief
Coroner Annual Provisional Suicide Figures (2014/15) and the
2013 Disability Survey
1 in 6 NZ adults were diagnosed with
a mental disorder.
20% of NZ women
likely to have been
diagnosed with a
mental disorder
200,000+ NZ adults experienced psychological
distress in the last four weeks of the
survey.
564 NZer’s died as a result
of suicide (per 100,000 population)
242,000 (approx.) of NZer’s are living with disability caused by psychological and/or
psychiatric conditions
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