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LEGAL LOWDOWN ISSUE 30 December 2015 January 2016 COMMUNITY LEGAL SERVICES SOUTH TRUST 2 2015 in review Page 3– 2015 Milestones 5 COMMUNITY #ITOOAMAUCKLAND 6 MĀORI LEGAL Specialist Services 8 RUAPEKAPEKA NZ Land Wars A YEAR IN REVIEW

Legal Lowdown Newsletter #30

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Page 1: Legal Lowdown Newsletter #30

1

LEGAL LOWDOWN

ISSUE

30 December 2015

January 2016

COMMUNITY LEGAL SERVICES SOUTH TRUST

2 2015 in review Page 3– 2015 Milestones 5 COMMUNITY

#ITOOAMAUCKLAND 6 MĀORI LEGAL Specialist Services 8

RUAPEKAPEKA NZ Land Wars

A YEAR IN REVIEW

Page 2: Legal Lowdown Newsletter #30

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2015: in review

449 Clients serviced through

our outreach clinics

Manurewa Marae

Papakura (Citizens Advice Bureau)

Pukekohe (Heartlands Service)

Manukau (Salvation Army)

Māori Land Clinic

9,600 Our newsletters were sent

to subscribers 9,600+

times We did 55 radio broadcasts via Radio531pi and

PlanetFm radio.

55

People participated in our

legal education sessions

2,196 137 Education

sessions

Over 53% of our clients

affiliate to a Pacific

Island nation

800 approx. website

views per week

Civil Law

Family Law

Admin Law

Criminal Law

Māori Legal

35%

26%

23%

14%

2%

our casework

Page 3: Legal Lowdown Newsletter #30

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2015 January

milestones

We released online interactive youth resources to

help youth better understand simple legal concepts

such as “the right to exchange consumer goods”

and “going flatting”.

March We supported key Māori and Pasifika events such

as Te Matatini (Christchurch), Polyfest (Manukau)

and Pasifika (Manukau).

April We continued our multi-lingual legal education

sessions with Pacific Home Care. The Presenta-

tions were delivered in Samoan, Tongan, Punjabi/

Hindi, Cook Island Māori and English.

June We completed our Legal Lunchbox education

series for the year. These sessions were open to

all members of the public and were generally

attended by CAB volunteers and community

organisations.

September We teamed up with Auckland Community Law

Centre and students from UNITEC to develop

legal information animations around as a way of

spreading awareness of the areas of law covered

by the community law centres around NZ.

We also strengthened our connections to our

Tainui kinship by supporting King Tuheitia’s

coronation in Ngaruawāhia, Hamilton. November We took a stand against domestic violence in NZ

and “took the pledge” never to commit or condone

domestic violence against women.

Page 4: Legal Lowdown Newsletter #30

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WHAT DOES

HAVE IN STORE 2016

MANUREWA MARAE OUTREACH

PAPAKURA CITIZENS’ ADVICE BUREAU OUTREACH

our outreach clinics

OTARA: 120 Bairds Road, Otara Monday – Friday MANUKAU: Manukau Salvation Army 16B Bakerfield Place, Manukau Monday - Friday MANUREWA: Manurewa Marae 81 Finlayson Avenue, Manurewa Wednesdays PAPAKURA: Papakura Citizens Advice Bureau 4a Opaheke Road, Papakura Thursdays PUKEKOHE: Heartlands Services 6A Roulston Street, Pukekohe Fortnightly on Tuesdays

CLSST MAIN OFFICE, OTARA

Page 5: Legal Lowdown Newsletter #30

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“I Too Am Auckland” is a student led movement

who aim to address issues of racial discrimination at

Auckland University. On Tuesday 19 January, our law-

yer, Lisa Fox attended the launch of I Too Am Auck-

land’s “conversations” videos. The day just so hap-

pened to be Martin Luther King day in America.

The movement started because research was con-

ducted on why Maori and Pacific stu-

dent levels of academic achievement at

Auckland University are low. The lead-

ing response by students was racism.

Through discussions with the student

body it was decided that something

needed to be done to address the issue of racism on

campus. It was decided that Auckland University stu-

dents would start an I Too Am Auckland group, mod-

elled off the I Too Am Harvard campaign.

The evening consisted of three videos depicting two

students in a conversation about campus, race and

how it impacts on them.

Some of the possible solutions offered by the stu-

dents were an increase of people of colour in the

faculty and administration of the University Target-

ed Admission Schemes being explained to all stu-

dents when they begin University. The student

population making a culture change so that racist

or discriminatory comments are no longer tolerat-

ed. There were also three panels con-

sisting of politicians, faculty members

and community leaders, at one point

we were all split up into groups to talk

about what we thought of the videos.

There were debates, differing opinions

on solutions and methods.

One thing is for sure, the conversation has begun.

The courage and leadership shown by these stu-

dents is truly inspiring.

For more information, please see the I Too Am

Auckland, Facebook page:

https://www.facebook.com/i2amAKLD/?fref=ts

“I Too Am Auckland”

#ITOOAMAUCKLAND

Page 6: Legal Lowdown Newsletter #30

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KAUPAPA MAORI Specialist Māori Legal Services

“kia mau ki te ture, te whakapono me te aroha”

“hold fast to the law, hold fast to faith, hold fast to love”

Māori King, Potatau Te Wherowhero

We have a dedicated Māori Legal

Service which aims to provide a

culturally responsive service to Maori

legal issues.

Our Maori Legal Services include:

MĀORI LAND CLINIC

Our Māori land clinic is the only free

legal advice clinic of its kind running

in the wider Auckland area. This

clinic is run with the assistance of

our pro-bono lawyers Bennion Law

and Te Mata Law.

MĀORI WARDENS

Māori wardens play a major role in

resolving disputes and keeping the

peace amongst Māori communities.

We provide ongoing training to local

Māori Warden offices about law

changes that affect Māori Wardens

and the work they do in our

communities.

MARAE OUTREACH CLINIC

We also hold a weekly outreach

clinic at Manurewa Marae. This

ensures that Māori who have legal

issues can have those issues heard

and resolved in a culturally safe

environment.

MĀORI GOVERNANCE

We provide free governance advice

and assistance to Māori not-for-

profit organisations. This service has

mainly been used by local Marae and

cultural groups.

MĀORI YOUTH SERVICES

We are members of Ara Taiohi, a

national Māori youth organization.

We also work closely with local

Māori youth stakeholders to offer

ongoing education to workers deal-

ing with Māori youth.

MARAE JUSTICE

Through our kaupapa Māori

networks we take referrals from the

Marae Justice Panel to assist with any

legal issues.

MĀORI INFORMATION

RESOURCES

We will be developing more Te Reo

Māori resources this year - watch

this space! We will also be support-

ing major Māori events such as the

Polyfest, Manu Korero & Kapa Haka.

MĀORI LEGAL ISSUES?

Contact: Wi Pere Mita

phone

(09) 274 4966 ext 9

email

[email protected]

Page 7: Legal Lowdown Newsletter #30

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CLSST On-Air

One of our on-air topics discussed

basic Human Rights.

What are the mains laws that

apply to human and civil rights

in NZ?

The main laws that apply to human

and civil rights in NZ are the Human

Rights Act 1993 (“HRA”) and the

New Zealand Bill of Rights Act 1990

(“NZBORA”).

The NZBORA protects the following

rights:

Life & Security Rights

Democratic & Civil Rights

Non-discrimination & Minority Rights

Search, Arrest & Detention Rights

The HRA protects against the follow-

ing:

Discrimination and provides Sanctions

for breach of rights

What basic rights are protected

under the Human Rights Act?

Grounds of Discrimination:

sex,

martial status,

religious belief,

ethical belief,

disability,

age

political opinion,

employment status,

family status and sexual orientation.

What happens if your rights are

breached?

Complain the Human Rights Com-

missioner

Ph: 0800 496 877, or

Email: [email protected], or

Human Rights Commission, PO 6751,

Wellesley St, Auckland, New Zealand

How can the HRC deal with a

complaint?

Mediation

An apology

A promise not to discriminate in the

future

An agreement to an education pro-

gramme

Compensation

What happens if you are not

happy with a decision of the Hu-

man Commissioner?

The HRC can refer the matter to the

Human Rights Tribunal which can:

Award damages for any financial

loss due to the discrimination hu-

miliation, loss of dignity, and injury

to feelings

Make an order stopping the other

party from continuing the conduct

you’re complaining about

Order the other party to do particu-

lar things to put right any loss or

damage you’ve suffered.

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 de-

tails of our on-air services are as follows:

Planet FM: Kiribati Voice, from 1:00pm

Radio 531pi: Pacific Drive Time, from

2:00pm

If you have any legal topics you would like discussed on-air, please email us at:

[email protected]

Page 8: Legal Lowdown Newsletter #30

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I gained a lot of valuable experience

during my community placement at

CLSST. Having focused my university

studies mostly on commercial law, I

had little knowledge of the areas of

the law covered at CLSST, such as

family, employment law, housing and

immigration.

I sat in on a few of Soane’s interviews

with clients. As they were about fam-

ily law matters and parenting orders,

they contained emotional issues for

clients that are not encountered in

commercial law. I learned how sensi-

tivity and empathy are important

when dealing with such personal

matters, whilst maintaining the cli-

ent’s confidence. I have now gotten

an idea of how to handle clients and

the kinds of questions to ask them.

There are wider practical considera-

tions when children are concerned.

In terms of family law, I also drafted

the affidavits and consent form for an

adoption order. I researched Family

Court rules for proceedings and

completed the forms for an interloc-

utory application to dispense with

service to the respondent, for a

dissolution of marriage. Wi Pere

showed me the basics of preparing

and executing an Enduring Power of

Attorney.

I attended a mini-seminar introducing

me to Immigration Law, with

Hardeep, Soane and Lisa. I heard

about the processes to get visas and

residency. It was really interesting to

hear about one of Hardeep’s clients

applying for residence and the kinds

of issues raised in immigration mat-

ters, particularly in section 61

(Immigration Act 2009) requests.

Regarding criminal law, I also got to

read the file of a client facing forgery

charges and did some legal research

for his defence. Another client was a

potential victim of fraud in getting his

tax return. We wrote a letter to the

Inland Revenue Department setting

out the client’s legal position.

It was also really good to learn about

the administrative requirements for

lawyers—things such as time-

keeping, engagement letters, opening/

closing files, transferring hearings,

Keeping the client informed, ethical

issues and swearing affidavits.

It was a great opportunity to spend

the week at CLSST. I have learned a

lot and been exposed to areas of law

I have not studied. I have seen how

valuable and important CLSST’s ser-

vices are to the community.

Student Placement Community Legal Services South Trust regularly takes law

students, on placement, to help complete their law degrees.

The one week placements assist the students gain practical

experience and apply the skills and knowledge they have learnt

at law school, to “real life” cases.

This month we were fortunate to have Su Lin join us. She

describes her placement experience, below.

PASEFIKA ISSUES E toe amata le faasalalaui-

na o tatou mataupu faapi-

toa (faaletulafono) mo le

Pasefika i le masina fou.

Our Pacific Issues section of

our newsletter will be back

next month. Keep posted for

updates.

Page 9: Legal Lowdown Newsletter #30

9

RUAPEKAPEKA PA COMMEMORATIONS

RUAPEKAPEKA

On the 10th of January, the North-

land tribes held the commemorations

of the battle at Ruapekapeka that

occurred in 1845.

The commemorations follow on

from similar events marking battles at

Rangiaowhia, Orakau, Pukehinahina,

Te Tarata & Waerenga-a-Hika.

According to local h istory,

Ruapekapeka was the site of the last

battle of the Northern War, where

about 400 Ngāpuhi and Ngāti Hine

warriors stood against a combined

British force of 1600.

Recently, there have been calls for

the Government to provide a nation-

al day of remembrance, similar to

ANZAC Day & Waitangi Day, for

those who died in the New Zealand

land wars. There has been much de-

bate over whether this notion should

be entertained.

Students from Otorohanga College

also started a petition that was pre-

sented to Parliament in December

2015 with hundreds turning out in

support of the occasion. Amongst

t ho se who a t tended were

Whatumoana Paki, the eldest son of

Kingi Tuheitia.

The petition gained almost 13,000

signatures with the support of over

400 Maori elders throughout the

country.

For more information about the

New Zealand land wars, commemo-

rations and the Otorohanga College

petition, please see the following link:

http://www.otocoll.school.nz/

landwarspetition.html

LISA METO FOX Solicitor & Legal Educator

Lisa graduated from the University of Auckland in 2012 with a BA and LLB. Since grad-

uating Lisa has worked for a number of firms and in public service. Lisa has previously

specialised in employment law but has also been exposed to general practise. Lisa has a

commitment to the community and has been involved in a number of organisations

including: Surf Life Saving, I Have A Dream, Youth Law and The Equal Justice Project..

2016: NEW STAFF