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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
2
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
3
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.
4
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
5
“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
6
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
7
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:
8
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.
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