Legal Lowdown Newsletter#17

© CLSST, 2014 - (09) 274 4966 - www.clsstlaw.com - [email protected] 1

LEGAL LOWDOWN

LAW NEWS & RFEFORM p1-4 I COMMUNITY p5 I OUTREACH p6 ISSUE

17

NOVEMBER 2014

COMMUNITY LEGAL SERVICES SOUTH TRUST FOLLOW US:

Tenancy Services: FastTrack Resolution

Organised Crime and Anti-Corruption

Legislation Bill

This omnibus bill is aimed at strengthening the law to

combat organised crime and corruption. The bill pro-

poses amendments to 12 different Acts to improve

New Zealand's ability to collaborate with international

efforts to disrupt organised crime and ensure law en-

forcement agencies can quickly and effectively respond

to new challenges.

Sources: www.parliament.nz

TENANCY: FASTTRACK RESOLUTION

To help streamline tenancy disputes resolution, Tenancy

Services have developed a new dispute resolution service

which is aimed at making it faster and easier for landlords

and tenants to formalize an agreement made following a

dispute.

If there is a dispute between a landlord and tenant, that

has since been resolved by agreement between both par-

ties, a landlord can now file a FastTrack Resolution appli-

cation with the Tenancy Tribunal to formalize that agree-

ment by way of a Mediator’s Order.

A Mediator’s Order is a formal record of an agreement

between a tenant and landlord, made by a Mediator. Un-

der the new process, a Mediator will contact both parties

to determine whether both parties understand what has

been agreed to and to discuss the consequences of non-

compliance with the Order.

To become a legally binding document, the Mediator’s

Order can be referred to a Tenancy Tribunal Adjudicator

who can formalise the Order.

The Mediator will forward a copy of the Order to both

parties to keep on record and to ensure that the terms of

the Order are being met.

For more information about the new FastTrack Resolution

Service or for tenancy advice please visit

www.tenancy.govt.nz or call 0800 83 62 62

LAW REFORM

http://www.clsstlaw.com

mailto:[email protected]



LAW NEWS: News in Community Law

TRAFFIC LAW: KEEPING SAFE ON THE ROAD

MINOR DRIVING OFFENCES

These are offences (other than infringement offences)

where the maximum monetary penalty is $2,000 or less and

there is no possibility of imprisonment.

How are minor driving offences dealt with?

Unless a summons is issued, a District Court will send a mi-

nor offence notice to the person who has offended.

The defendant then has the opportunity to deny and defend

the charge.

Minor traffic offences are usually dealt with by way of fines,

but can involve disqualification from driving

If a person denies the offence or wants to appear before a

judge, they must write to the court by the date stated in the

notice.

They will then be summoned to court.

If a person wishes to plead guilty to a minor driving offence,

they can often do this by letter so that they don't have to

appear in court.

If a person pleads guilty by letter, or does not give written

notice that he or she denies the offence, the court will deal

with the matter while the person is not there.

SERIOUS DRIVING OFFENCES

These are offences where the maximum fine is more than

$2,000 (and for some offences is up to $20,000), or where a

sentence of imprisonment may be given. There is also often

a possible penalty of disqualification.

Examples of serious driving offences include:

careless driving (where a person drives carelessly or

without reasonable consideration for other people using

the road)

reckless driving (where the driver foresees the potential

danger but continues to drive in a reckless manner de-

spite knowing the possible consequences)

failing to stop after an accident.

Careless driving can be committed with any vehicle, not just

a motor vehicle, including bicycles, a skateboard, in-line

skates, and roller skates. In the case of a serious driving of-

offence, the defendant will be summoned to appear in the

District Court and the matter will follow the same proce-

dures as for a criminal court case.





TRAFFIC LAW: KEEPING SAFE ON THE ROAD

INFRINGMENT OFFENCES

Infringement offences include parking offences, toll offences,

speeding and overloading offences, breaches of the road code,

unsafe vehicles and some under-20 drink driving offences.

If a Police officer has reasonable cause to believe an infringe-

ment offence has been committed, the officer may issue an

infringement notice.

An infringement notice must be in the form required by law and

may be served:

by attaching it to the vehicle to which it relates

by delivering it to the person who appears to have commit-

ted the offence

by posting it to the last known address of the person who

appears to have committed the offence

if the person is the holder of a land transport document (for

example, a driver licence), by posting it to the last known ad-

dress provided for the purpose of that document.

Pay the infringement fee

If the person accepts that they committed the infringement

offence and simply wishes to pay the infringement fee, they

need to pay the fee in full (including any towing fee) within 28

days of the notice being issued. If they do this, the matter will

end and no further action will be taken against them.

Write a letter to enforcement authority

The person should write to the enforcement authority if:

they deny liability for the offence and want to request a

court hearing

they wish to raise a matter concerning the circumstances of

the offence that they want the enforcement authority to

consider

they admit liability but want to make written submissions to

the court (for example, about the circumstances of the of-

offence or about the penalty).

The enforcement authority will be the Police, local council or

some other official authority

What happens if a person does nothing after receiving an in-

fringement notice?

If a person does nothing, then after 28 days they will be issued

with a reminder notice explaining fully how to defend the

charge and containing a statement of their rights.

In particular the reminder notice must contain:

details of the alleged offence, including time, place and na-

ture

for speeding offences, the speed limit and the speed the per-

son was allegedly travelling

whether any demerit points apply to the offence

if there is a scale of infringement fees, the extent of the of-

offence alleged, and the amount of any infringement fee

how the infringement fee can be paid

the time within which the infringement fee may be paid

a statement that it is a defence if the person proves the in-

fringement fee has been paid before or within 28 days of the

service of the reminder notice

if it is a moving vehicle offence, a summary of the provisions

in section 133 of the Land Transport Act that outline who

proceedings may be taken against

advice of the right to request a hearing advice as to what will

happen if the person doesn't pay the infringement fee and

doesn't request a hearing.

What happens if a person does nothing after receiving a re-

minder notice?

If the person does nothing after receiving a reminder notice, the

enforcement authority can lodge the infringement notice or

infringement reminder notice with the court, so that it can be

enforced. A lodgment fee of $30.67 is added to the amount of

the unpaid infringement ticket and it will then be treated in the

same way as a court-imposed fine.

The court will allow a further 28 days for the fine and court

costs to be paid. If no action is taken, the court will impose an-

other enforcement fee of $102.22.





OUTDOOR FIRE SAFETY BY-LAW It is expected that a new Auckland-wide outdoor fire safety by-law will come into force in late December 2014. The new Bylaw will seek to protect people, property and the environment from the risk of fire in the outdoors. The new bylaw will replace four existing bylaws. The new bylaw:

applies to a range of outdoor fire activities including out-

door cooking and heating fires, fireworks, braziers, barbe-

ques, sky lanterns, traditional cooking fires, open air fires

and incinerator fires

determines what type of outdoor fires are allowed in urban

and rural areas and the general conditions that must be met

when lighting an outdoor fire

sets out a process for the council to declare a temporary

fire ban on all types of outdoor fires (excluding gas fuelled

outdoor fires) in extreme fire hazard conditions

sets out a process for approving outdoor fires when neces-

sary

requires a person to be responsible for minimising potential

fire hazards, such as disposing of hot ash and the storage of

combustible materials

The final bylaw will be available online once adopted.

For more information on the new bylaw, please see the Auck-

land Council website: www.aucklandcouncil.govt.nz

Source: Auckland Council Website

REFORM OF MAORI TRADE MARK PRACTICES In our April 2014 edition of Legal Lowdown, we published an

article on the Haka Ka Mate Attribution Act 2014. The passing

of this Act has prompted the Intellectual Property Office New

Zealand (IPONZ) to make changes to practice guidelines that

apply to parts of the Trade Marks Act 2002 around Maori Trade

Marks.

The new changes prescribe the appointment of an advisory

committee whether registration of trade marks which appear

to be derivative of Maori text or imagery is likely to be offen-

sive to Maori.

To view the new guidelines, please visit the IPONZ website at:

www.iponz.govt.nz

Source: Intellectual Property Office New Zealand

ALL THE BEST EDWIN! Our Manager’s Assistant and Lawyer Edwin Sheppard left us,

this month, after 8 months’ service with CLSST. During his time

with CLSST Edwin was involved with a number of tenancy, con-

sumer, employment

and Care of Children

matters.

We are sad to see

Edwin go but are

excited for what the

future holds for him.

Farewell Edwin! And

all the best from us

here at Community

Legal Services South

Trust.




COMMUNITY LAW: Our Community

Community Law National Conference

The Annual Community Law Centres of Aotearoa, National Con-

ference is an opportunity for Community Law Centres to come

together and discuss issues pertinent to the CLC movement

and to attend upskilling workshops.

This year two of our lawyers were invited to present at the

Immigration Law workshop. They covered powers to grant vi-

sas as an exception to instructions, humanitarian & residence

appeals and Minister of Immigration discretional powers.

For advice on Immigration matters please contact our office.

Photo: CLSST Lawyers Soane Foliaki & Hardeep Singh Present-

ers of the Immigration Law Seminar at the National Conference

CLSST says NO to Violence

White Ribbon Day (25 November 2014) seeks to

spread awareness of domestic violence prevention.

One of the key messages of White Ribbon is that “IT IS

OK TO ASK FOR HELP”. For more information please

see the following links:

NMSVS: www.nnsvs.org.nz

Women's Refuge: www.womensrefuge.org.nz

White Ribbon: whiteribbon.org.nz

Photo: CLSST staff & volunteers spreading awareness

Pasifika Newcomer Settlement Support

On 27 November 2014, Soane Foliaki spoke about immigra-

tion, consumer and employment matters to service providers

for migrants who have just been granted New Zealand resi-

dency. His presentation was arranged by ARMS to increase

awareness among new migrants about legal issues they may

face while in New Zealand. Soane’s presentation sought to

mitigate exploitation of new migrants who are unfamiliar

with New Zealand laws.

Photo: CLSST lawyer Soane Foliaki presenting to the Pasifika

Newcomer settlement delegation




COMMUNITY LAW: Our Community

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


Thursday

Pukekohe

Heartland Services

2 King Street

Pukekohe


Fortnightly on Tuesday

Manurewa

Manurewa Marae

81 Finlayson Ave

Manurewa


Wednesday

Saturday Legal Advice Clinic CLSST Office

120 Bairds Road, OTARA

Appointments or Walk-ins:

Fortnightly on Saturday

(30 mins appointments from 9am-

12pm)

NB: Walk-ins seen according to order

of arrival

OUTREACH CLINICS: Our Community

Student Placement - Manukau Institute of Technology

This month we said farewell to one of our student volunteers Ana Finau who came to us from Manukau Institute of Technolo-

gy. Ana, who was part of the Foundation Education for Tertiary Study programme assisted with day-to-day administrative func-

tions such as data input, photocopying and filing and mail.

We would like to take the opportunity to thank Ana for her services and wish her all the best for her future endeavors.

Photo: CLSST staff with student volunteer Ana Finau.



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Legal Lowdown Newsletter#17