Tairawhiti Community Law Centre - Gisborne NZ

Tairawhiti Community Law Centre


Under Covid-19 Alert Level 1

Free legal advice over the phone advice is available on 0800 452 956 or (06) 868 3392 anytime between 9am - 12pm and 1pm - 3pm Monday to Friday.


Please Note: if you leave a message on our answerphone 
with your name and phone contact details and a brief 
outline of your legal query someone will get back to you 
as soon as we can.


We will take walk-ins for legal queries anytime between 9am and 12pm and 1pm and 3pm Monday to Friday.

Face to face appointments are made only where necessary. 
Outreach clinics may occur monthly depending on the demand.


Phone 06 868 3392 or 0800 452 956 or email us info@tairawhiticlc.co.nz

Gillian Creach - General Manager


Family Violence RCLC

Scroll down for further information on Family Violence . . .

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Family Violence during COVID-19 Lockdown

“New Zealand is currently under Coronavirus Lockdown Level 4. News from overseas such as the United States, China and Australia have indicated that family harm tends to rise during lockdowns. Police, Oranga Tamariki and family violence support groups (such as Women’s Refuge and Shine) are warning people to be aware of such rise and seek help if necessary.

Police say responding to family harm is a priority. New Zealand Police Commissioner Mike Bush said police would increase their response to family harm during this period. He also recommends that people should call 111 if they hear something concerning in their neighbourhood.

To help people to keep themselves and their family safe, we have provided the following information on family harm for your read. In an emergency, CALL 111.”

 

Family Violence

You may have noticed that domestic violence is now referred to as family violence. That is because the Domestic Violence Act was repealed on 1 July 2019 by the Family Violence Act. The change is intent to allow for a more integrated response to such violence.

This article will look at Police Safety Orders and Protection Orders, both designed to help reduce family violence incidents and provide certain protection to victims and their families.

First and foremost, we look at the definition of Family Violence:

According to the Family Violence Act 2018:

family violence, in relation to a person, means violence inflicted —

 

  1. Against a person (the victim) by another person (the perpetrator) who is or has been in a family relationship with that person. Family relationship is defined as that between the victim and perpetrator as spouses or partners, sharing household (e.g. a housemate) or in a personal relationship (e.g. a boyfriend or girlfriend).
  2. Violence includes any form of physical (e.g. assault), sexual (e.g.  forced sexual activities) or psychological (e.g. intimation) abuse.

 

I. Police Safety Order

To protect victims and their families from family violence, the Police can issue a Police Safety Order (PSO). Having a PSO in place gives the victim time to make decisions about their ongoing safety and to access legal support.

A PSO primarily involves the perpetrator being ordered by the Police to immediately leave home or the property and stay away for up to 10 days even if the perpetrator has a legal or equitable interest in the land or building. In addition, the perpetrator is prohibited from contacting, following, stopping, assaulting, threatening, intimidating or harassing the victim and their family. The perpetrator is also required to surrender all firearms and firearms licence to the police while the order is in force.

During this period, the perpetrator’s rights to care for or contact with the children under a parenting order or agreement are also suspended.

There is no right of appeal against a PSO though under appropriate circumstances if any, the perpetrator can file a complaint against the Police with the Independent Police Conduct Authority.

 

1. The Protected Person

The PSO takes effect once the bound person has been served. The PSO remains active for the period stated in the order even if the bound person breaches the order with the protected person’s consent. The protected person should keep a copy of the PSO with them all the time. If they feel threatened or unsafe, they can call 111 for help stating they have a PSO in place. The protected person may apply to the Family Court for a Protection Order before the PSO ends.

 

2. The Bound Person

The bound person must comply with the conditions of the PSO. If the bound person breaches the PSO they can be taken into custody by the Police and brought before the Court. The Court can extend the PSO if it has not expired or issue a new one if it has expired. The Court can also consider issuing a temporary protection order. If the bound person commits any offence while breaching the PSO, the Police can bring charges against them.

 

II. Protection Order 

You can apply for a Protection Order if you are in or have been in, a close personal relationship with the person being violent towards you.

If you are not in a family/close personal relationship with the person who is being violent towards you, you can apply for a Restraining Order instead of a Protection Order.

 

1. Applying for a Protection Order

A lawyer can help you apply for a Protection Order. If you cannot afford a lawyer, you may be able to get legal aid. You are not required to pay back legal aid for a Protection Order.

 

2. Urgent need for a Protection Order

The Court can issue a Temporary Protection Order if you need urgent protection, usually on the same day you apply. Because of its urgency, the order is made ‘without notice’ – that is, with violent person not being made aware of it before it is put in place and served on them.

A Temporary Protection Order lasts for three months. If the violent person does not contest it within that period, the order automatically becomes final. Then any change in the order or its discharge will have to be applied through the Court.

 

3. If the Need is not Urgent

If your application is not urgent, the violent person is served with your application and will have the opportunity to defend themselves in Court. Whether the judge will grant the Protection Order is made after the judge has heard both sides and has considered all evidence before the Court.

 

4. Breaching a Protection Order

Police can arrest without warrant a person who has breached a Protection Order. Breaching a Protection Order is a criminal offence. Where there is evidence that a breach of a Protection Order has occurred, the Police cannot release the person on bail for 24 hours immediately after the arrest unless they can be brought before Court. When the Court considers bail applications it will give the highest priority to the victim’s safety.

The maximum penalty for breaching a Protection Order is three years in prison and if other serious violent crimes are involved even more serious penalties can be imposed.

 

For more information on Police Safety Orders and Protection Orders, please visit the sites listed below:

 

Sources:

http://www.legislation.govt.nz/act/public/2018/0046/latest/LMS112966.html

https://www.police.govt.nz/advice-services/family-violence/police-safety-orders

https://www.justice.govt.nz/family/family-violence/apply-for-a-protection-order/

https://www.police.govt.nz/advice-services/family-violence/protection-orders

 

COVID-19 and Family Harm Info

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12319646

https://www.tvnz.co.nz/one-news/new-zealand/domestic-violence-support-organisations-bracing-impact-nz-enters-lockdown

https://www.facebook.com/1NEWSNZ/videos/officials-worried-about-domestic-violence-rise-in-coronavirus-lockdown/531657820765360/

 


Deaths, Funerals and Tangihanga during COVID-19 Lockdown

 

We are living in unprecedented times, with the lockdown in place for at least a month there is a lot up in the air about what will happen next.  One area of concern is what happens when someone in your family dies during the lockdown.

 

During this period of lockdown and social distancing, the Ministry of Health has released strict guidelines around what can and cannot happen for funerals and tangihanga.  Funeral directors have been classified as essential services and registered funeral directors will continue to offer their services during the lockdown.

 

There is a very strict limit on people who can attend a viewing, a funeral or cremation.  The Ministry of Health has advised that whanau and friends who shared an isolation bubble with the deceased can attend these events but those in separate bubbles cannot, even if they were a close relation of the deceased.  For whanau and friends who can attend, you must first talk to the funeral director to ensure that the number of people intending to attend can be accommodated for. 

 

While at a viewing, funeral, or cremation, social distancing rules still apply in relation to funeral home staff.  If the group from your bubble is too large for the facility, you may be split into separate groups in order to facilitate social distancing rules.  Although the risk of transmission from the deceased is low, no physical contact is allowed unless there are specific religious rituals which need to be followed.  An example of this is the strict rules around the handling of the deceased in Islam.  For such requirements, funeral directors can identify members of the community who can prepare the deceased correctly.  However, this must be done under the strict supervision of an embalmer and with the required personal protective equipment. 

 

It is encouraged that burials and cremations are carried out as quickly as possible, however for many the lack of a proper send-off can cause significant trauma.  There are some alternatives available:

 

  • Ask if the funeral home can hold the deceased until the end of the lockdown for a proper service – note that at this stage it is uncertain when the lockdown will end.
  • Immediate cremation, and then burial of the ashes at a later stage with a memorial.
  • Using technology such as taking videos and live streaming to share the service.

 

Te Rōpu Whakakaupapa Urutā, the National Maori Pandemic Group has similar advice with regards to tangihanga and has even urged whanau to opt for closed coffin services for COVID-19 deaths to minimise the risk of transmission. 

 

References:

https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus/covid-

 

https://48a2f804-7b41-4b63-8217-20e5f11cc85c.filesusr.com/ugd/6e99a9_9d3b4da17d014c6cb1a3606071c75300.pdf?index=true

 


 

Employment and Wages

 

There are two schemes set up by the government in order to help businesses stay afloat and continue to pay their employees during Covid-19.  These are Wage Subsidy and Essential Workers Leave Support.  For both these schemes, the money employers receive can only be put towards paying and retaining staff. 

 

Wage Subsidy

 

There are no restrictions on what types of business can access this scheme, both essential and non-essential businesses qualify.  In order to qualify, employers must show a drop in revenue of at least 30% compared to business this time last year.  They must also show that they have taken active steps to mitigate the effects of the lockdown to the business.  These steps can include:

 

  • Claiming insurance
  • Activating a business continuity plan
  • Seeking advice from the Chamber of Commerce and industry experts

 

When applying, employers need to provide details about the business and employees, including:

 

  • The business’ IRD number
  • Its New Zealand Business Number (NZBN) if it has one
  • The business name, its address and contact details

 

  • Its employee details (with full-time and part-time employees in the same application):  These being the employee’s name, date of birth, IRD number and whether the employee is working less than 20 hours a week or 20 hours or more a week.

 

Once the employer has received the subsidy, they must try to pay its employees at least 80% of their gross weekly pay, if they cannot, they must then pay the employees the rate of the subsidy.  For employees working 20 hours or more a week, it is $585.80 per week (fulltime rate) and for employees working less than 20 hours a week, it is $350 per week (part time rate).  If the employee’s weekly wages are lower than those amounts, the employer can continue to pay the employee the normal wages and the extra money can be used for other employees’ wages.  The scheme will supplement 12 weeks’ worth of wages per employee but if the employer is paid a lump sum amount per employee for the 12 weeks they can allocate as they see fit. 

 

Essential Workers Leave Support

 

This subsidy is only available to businesses which are classified as essential.  Businesses are not required to show any loss of revenue.  In certain circumstances a business can receive help for employees who:

 

  • are at higher risk if they contracted COVID-19 and Ministry of Health guidelines recommend they stay at home while New Zealand is in lockdown (and potentially longer),
  • come into contact with someone who has COVID-19 and must self-isolate for 14 days (as required by Ministry of Health guidelines),
  • have tested positive for COVID-19 and are required to remain off work until they have been cleared by a health professional to be released from self-isolation, or
  • have household members who are at higher risk if they contracted COVID-19 and the Ministry of Health recommends the worker also remains at home to reduce the risk to them.

 

The employer must also:

 

  • have had a conversation with the employee about how the employer can best support the employee at this time.  The employee may choose to use any sick or discretionary leave they have, instead of getting Leave Support.  If the employer cannot pay the full amount of the leave to the employee, the employer can apply for Leave Support to top it up.
  • not be able to financially support the employee due to the COVID-19 public health restrictions, that is the employer cannot afford to keep paying the employee and also pay someone else to cover the employee’s hours.

 

This support relies on trust, The Ministry of Health will not be verifying the health claims in applications, but when applying, employers must agree to a declaration stating they have checked that their employee meets the requirements.  The weekly rate is the same as that for Wage Subsidy, but this scheme is only for four weeks.  Once again, employers will get paid four weeks of support per employee in a lump sum which they can then allocate. 

 

Once having received the support, employers must attempt to pay staff at least 80% of their weekly gross pay, the minimum amount an employer can pay is the same as the Work Subsidy rate.  If the employee’s weekly wages are less than the subsidy amount allocated to the employee per week, the employer can continue to pay the employee’s normal wages and put the difference towards giving other staff closer to full wages.  A key difference between this support and Wage Subsidy is that for Essential Workers Leave Support, employers can reapply for their employees at the end of the four weeks if they need it. 

 

An important note for both the Wage Subsidy Scheme and the Essential Worker Leave Support is that businesses and employers do not have to pay income tax on the money they receive from the subsidies.  However, PAYE deduction on employee wages will still be applied because employees receive the subsidy as a part of their normal wages.  If the employee is being paid on a schedule that is different to the employee’s normal wage schedule during the lockdown, the employee should check with the employer that, this does not cause the employee to be charged more tax or affect any of the employee’s other benefit entitlements.

 

One other important thing to remember is that, although an employer can apply for both the Wage Subsidy Scheme and the Essential Worker Leave Support, the employer cannot receive both payments for the same employee at the same time.

 

References

 

https://www.workandincome.govt.nz/products/a-z-benefits/covid19-wage-subsidy.html#null

 

https://www.workandincome.govt.nz/products/a-z-benefits/covid-19-essential-workers-leave-support.html#null

 

https://www.employment.govt.nz/leave-and-holidays/other-types-of-leave/coronavirus-workplace/wage-subsidy/

 

 


Gillian Creach

General Manager

Tairawhiti Community Law Centre

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Gisborne Office:

Open weekdays 9am to 4:00pm
Free phone advice between 2pm & 4pm weekdays

85 Lowe Street, Gisborne

PO Box 1053 Gisborne 4040
Ph: (06) 868 3392  /   Fax: (06) 868 3394  /  0800 452 956
Email: info@tairawhiticlc.co.nz

 

Wairoa Office

Paul Street, Wairoa
Open weekdays 9am to 4:00pm

Free phone advice details
Notary Service available Gisborne Office only - by appointment

 

 

Gisborne Chamber of Commerce Member 20067

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“ We are a Charitable Trust governed by a Board of Trustees. We provide free legal information and education to all and free legal advice, assistance, representation to people who cannot afford to pay for a lawyer or who do not qualify for legal aid. Our geographical catchment area runs from Potaka to Gisborne to Wairoa.” ( We gratefully accept koha and donations )

We are affiliated to a National Organisation Community Law Centres O Aotearoa or CLCA


 

 

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Notary Services from our Gisborne Office (by arrangement).

Tairawhiti Community Law Centre have a named endowment fund with Sunrise Foundation that people can donate to. 

Gillian Creach 
BA(Psych/Ed) 
General Manager
Mobile: 022 1033779
E-mail: gillian@tairawhiticlc.co.nz

Louis Leung 
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Senior/Supervising Lawyer

 

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Outreach Clinics are held:

In Wairoa at the Paul Street Office
Every 2nd Wednesday of each month
Appointment made through Wairoa Office

In Ruatoria - Ruatoria Clinics are now held at the Hati Ngati Café (private room) from 10-12pm appointments made through Gisborne Office

In Tokomaru Bay and Tolaga Bay 
Every 3rd Wednesday of each month (if required)
Appointments made through Gisborne Office

A warm welcome awaits you from Gillian, and the whole Tairawhiti Community Law Centre team...

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Our Board of Trustees:

Ruth Quilter - Chairperson

Royce Maynard Treasurer / Lynette Stankovich - Secretary

Marama Mataio Practising Lawyer

Doris Aspinall East Coast Representative

Karen Pewhairangi Gisborne Representative

Reremoana Houkamau Wairoa Representative

Hine Kohn Pakeke

 
 

Tairawhiti Community Law Centre: 85 Lowe St., Gisborne. New Zealand

 


 

Complaints Policy updated 2017 PDF 1

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