Youthlaw Tino Rangatiratanga Taitamariki - Recently Updated Pages

Who we are

YouthLaw — Wed, 08 Feb 2012 21:18:00 CST

Paid staff work as a collective and are employed by the Management Support Group (MSG), who are elected at the AGM. These are the people who would be on the other side of the phone when you ring our advice line number:

Vanushi Walters
Acting Senior Solicitor; Legal advice/information/advocacy, submissions/policy/commentary/media work

Ellen Jun
Solicitor; legal advice/information/advocacy, submissions/policy/commentary.

Manawa Pomare
Solicitor; legal advice/information/advocacy, submissions/policy/commentary.

Velda Chan
Solicitor; legal advice/information/advocacy, submissions/policy/commentary.

Joanna Maskell
Solicitor; legal advice/information/advocacy, submissions/policy/commentary.

Jen Puah
Solicitor; legal advice/information/advocacy, submissions/policy/commentary.

Ben Mills
Legal Education Co-ordinator; education seminars, legal information.

Sidra Khan
Admin assistant

Jeanie Richards
Office Co-ordinator; general administration, production/design and distribution of publications, website maintenance.

MANAGEMENT SUPPORT GROUP 2010 - 2011
J. Braithwaite (Chairperson)
A. Ryan (Treasurer)
A. Neems (Secretary)
P. Davies
J. Jung
N. Guy
C. France

YouthLaw Tino Rangatiratanga Taitamariki

YouthLaw — Tue, 15 Nov 2011 14:32:42 CST

YouthLaw Tino Rangatiratanga Taitamariki is a community law centre for children and young people throughout Aotearoa/New Zealand. This site provides information about how the law can help you to overcome issues that may be affecting you. We hope that this site will encourage you to learn more about your rights.

Our phone advice line is currently open from Monday to Friday between 10am and 4pm.

How do I use this site?
Browse the Table of Contents on your left or use the "Search this site" box in the upper left corner to find a topic. You can drag the menu box down to make it bigger and easier to view.

Can't find the answer you need? Post your question in the Discussion Forum, or start a post under each page. You can also check our our Facebook group!

If you have any other feedback, want to ask a question or have ideas for improving the site we would also love to hear from you. Please leave a comment on our feedback page.
If you can't see our widgets and pictures click here to install Adobe Flash Player!

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Young person? Want to give us your opinions?
YouthLaw is starting a youth advisory group to give children and opportunity to tell us what they think about our activities and services. We're just starting it now, but soon we hope to be sending emails out asking for your opinion on a range of issues. This will help inform our work and shape our organisation. Want to know more? Want to join? Email ben@youthlaw.co.nz or fill in our online form
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YouthLaw Tino Rangatiratanga Taitamariki

Level 1, NZ Osaka Friendship House, 219 Federal Street

PO Box 7657 Wellesley Street

Auckland City, New Zealand

info@youthlaw.co.nz | ph 0800 UTHLAW (884 529) | f (09) 307 5243

Free legal advice for under 25s 0800 UTHLAW
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YouthLaw is a contributor to

Seminars

YouthLaw — Thu, 06 Oct 2011 22:48:36 CDT

What do political parties have to say about the referendum? What electoral systems are available to choose between? What other policies are the major parties pushing this election?

YouthLaw, Auckland Disability Law and Waitakere Community Law Service are organising a free referendum and election event to give you the opportunity to find out about the referendum and electoral systems, meet the candidates, and ask the questions that YOU want answered! The event is open to all, but we particularly welcome people from youth or disability communities.

Both events will kick off with Dr Stephen Winter from the University of Auckland providing a run-down of our options at the upcoming referendum, followed by questions from the floor to all candidates on the referendum itself, then other issues of interest.

Takapuna 13 Oct 4-6pm Taitamariki Hall, Como Street, Takapuna Phil Twyford MP Sue Kedgley MP Maggie Barry Sue Bradford Andrew Williams David Seymour	Henderson 20 Oct 4-6pm Unitec 510-B007, Trading Place, Henderson Phil Twyford MP David Clendon MP Tau Henare MP Sue Bradford Andrew Williams David Seymour

Takapuna

13 Oct 4-6pm

Taitamariki Hall, Como Street, Takapuna

Phil Twyford MP Sue Kedgley MP Maggie Barry Sue Bradford Andrew Williams David Seymour

Henderson

20 Oct 4-6pm

Unitec 510-B007, Trading Place, Henderson

Phil Twyford MP David Clendon MP Tau Henare MP Sue Bradford Andrew Williams David Seymour

Doors open at 3:30pm for refreshments, no admissions after 4pm. Gold coin donation appreciated.

Don't Wait! To reserve your seat contact Sue at Auckland Disability Law by 11 October (Takapuna) or 18 October (Waitakere):

Email info@adl.org.nz your name and which meeting you want to attend
Fax us the completed registration form on 09-275-4693
Text us on 027-457-5140 your name, W (for Waitakere meeting) or T (for Takapuna meeting) & your email
Telephone Sue on 09-257-5140

You can turn up at the meeting on the day. Please keep in mind that seats are limited and entry will be based on availability of space. Please advise Sue, on the registration form, of any access, communication or dietary requirements. Sign language interpreters have been booked for the Waitakere meeting.

YouthLaw, Auckland Disability Law and Waitakere Community Law Service are running this referendum and election event.

Alcohol and Driving

YouthLaw — Mon, 03 Oct 2011 22:47:56 CDT

How much can I have to drink if I am driving?
I think I have a problem with alcohol - where can I get help?

How much can I have to drink if I am driving?

Drinking alcohol and driving is dangerous because drinking alcohol slows your reflexes down which means you react more slowly than you do normally. This means it is more likely that you will be involved in a car accident, which could cause death or serious injury to yourself, your passengers and others.

In short it is better not to drink at all when you drive. If you do, keep it to a minimum. The ‘legal’ limits are 400 micrograms of alcohol per litre of breath if you are over 20 and 150 micrograms of alcohol per litre of breath if you are under 20 or only have a learner or restricted licence.

There are now random breath checks which means you can be asked to pull over and undergo a ‘sniffer’ test even if you have been driving perfectly well. The sniffer test will register any alcohol you have had. Further tests would then show whether you are over the limit.

The amount of alcohol you can drink before you are over the limit depends on many things, your weight, body size, what you’ve had to eat that day and whether you are tired or have taken any medicine that might increase the effect of the alcohol.

Relevant alcohol limits

a) Under 20 :

From August 1st 2011 changes to the law mean that there will be zero alcohol tolerance for drivers under the age of 20. This will mean that if you are under 20, stopped by the police and found to have any alcohol in your system at all you will be breaking the law.

Infringement offences:

0 - 150 micrograms of alcohol per litre of breath, or
0- 30 milligrams of alcohol per 100 millilitres of blood.
*If you are found to have committed an "infringement offence", you may need to go to court or you could just be required to pay a fine.
Offences:

More than 150 micrograms of alcohol per litre of breath or
More than 30 milligrams of alcohol per 100 millililtres of blood
*If you are found to have committed an "offence" you will probably need to go to court. The maximum penalties are either:

A term of imprisonment not exceeding 3 months OR a fine not exceeding $2,250 AND
You will be disqualified from holiding or obtaining a driver's license for 3 months or more

b) Over 20:

Offence:

More than 400 micrograms of alcohol per litre of breath or

More than 80 milligrams of alcohol per 100 millilitres of blood

*If you are caught driving over the over 20 drinking limit (adult limit) you could face:

First and second time offenders:

Either a fine of up to $4,500 or a term of imprisonment of no more than 3 months AND

You will be disqualified from holding or obtainnig a driver's license for 6 months or more
Third or subsequent offenders:

Either a fine of up to $6,000 or a term of imprisonment of up to 2 years AND

You will be disqualified from holding or obtaining a driver's license for atleast 1 year.

If you kill or injure someone the penalties are greater and you would probably be sent to prison. (For more information on drink driving see our “Driving Offences” information sheet.)

I think I have a problem with alcohol - where can I get help?

The Alcohol Drug Helpline, Ph: 0800-787-797,10am - 10pm, everyday.

This is a confidential information service for people with questions about their own, or someone else's drinking.

Look in the phone book for Alcoholics Anonymous, Al-Anon Information Services, Alateen, Odyssey House (09) 623-0228 or YOUTHLINE 0800376-633 or (09) 376-6650, they will know who can help you.

You can also contact your nearest Alcohol and Drug Clinic Centre listed in the phone book.

If you are unable to find support phone the Ministry of Youth Affairs (04) 471-2158, or YouthLaw Tino Rangatiratanga Taitamariki Inc. who will be able to suggest where help is available.

Road Rules

YouthLaw — Mon, 03 Oct 2011 22:37:23 CDT

Click this link to see this article in Chinese
Click this link to see this article in Korean

Your Rights on the Road

Police Questioning

An officer can stop you at any time. You and any passengers have the right to remain silent – but must give your names, dates of birth and addresses and any details (eg. the vehicle owner) which will help the officer to locate the driver or owner of the vehicle.

An officer can keep a driver for 15 minutes to establish identity.

An officer can arrest you for not stopping,
not giving your details, or
if they have good cause to believe you’ve given false or misleading details.

These offences have a maximum fine of $10,000.

Remember your right to speak to a free lawyer from the Bill of Rights List and if you’re under 17, to have a supportive adult with you at the station.

If you’re the driver of a vehicle and an officer has reasonable cause to believe that you’ve committed an offence while driving, they can get your details off the owner.

The owner must give the officer all information available or obtainable to them in order to identify you. Failure of the owner to do is an offence with a maximum fine of $10,000.

Searches

An officer can search your vehicle if:

you agree (silence is taken as agreeing);
they have reasonable grounds to believe that you have drugs, or an offensive weapon;
they have a search warrant;
they arrest you and you’re with your vehicle at the time;
they have reasonable grounds to believe that there are stolen goods in the vehicle; or
you are in, or entering, an area with an alcohol ban. You can avoid such a search by leaving the area. The police must tell you of this option

Accidents & Insurance

It is usually better not to admit that you were at fault – talk to a legal advisor first.

Make sure you get the other driver’s details (they must give them if you ask) – you may have to take them to the Disputes Tribunal if it’s their fault and they won’t pay.

Write down everything that happened (ie. time, place, weather conditions, position of vehicles on road, etc.) as soon as you can. If you’re at fault, ask for 3 quotes for repairs to check damage and costs before paying.

Drink Driving

If you refuse a breath test, an officer can make you take an evidential breath test or blood test. You have the right to speak to a free lawyer on the Bill of Rights list before you take an evidential breath test or blood test. Ask the police to sort this out for you.

Traffic Offences

Ask police for a copy of your police file under the Privacy Act and the Official Information Act to see if you agree with what the police are saying. Get a lawyer to check your legal position to see if you have any defence.

If you have got legal advice and want to plead guilty or you’ve been found guilty, it can help to explain the circumstances of your case. You should hand a letter addressed to “The Presiding Judge” saying:

any reasons why you broke the law;
if it’s your first offence or ticket;
if weather conditions contributed to the accident;
how long you’ve been driving;
if you’ve done a defensive driving course;
if you’ve learnt your lesson and are sorry for what has happened.
if you’ve been hurt physically;
if you are suffering financially due to the debt you have from the accident.
if no-one else was injured;

You should also hand the Judge any statements from witnesses and references from an employer, community leader or your family (to show your credibility).

If you have been charged with a more serious offence (eg. dangerous or reckless driving) you’ll probably want to get a lawyer for court or see a duty solicitor on the day. You can apply for legal aid at the District Court.
If you’re disqualified you may be able to apply for a limited licence to drive in certain situations (eg. work). · Remember to always look for other cars and check your mirrors and over your shoulder before turning, overtaking, changing lanes or reverse.

Some Driving Offences and Maximum Penalties (ie. The most you can get)

Note *”vehicle” includes a bicycle, moped, motorcycle, skateboard, roller blades and roller skates **usually you will be issued with a notice to pay the infringement fee instead

Driving without a licence [1]	Not exceeding $1000 fine $400 infringement fee** (Your car will be seized and impounded for 28 days – storage and towing fees apply)
Driving without carrying your licence with you [1]	$1000 fine $55 infringement fee**
Breaking the conditions of your graduated drivers licence – (eg carrying passengers without a supervisor while on a restricted licence)	$1000 fine $400 infringement notice**
Careless or inconsiderate driving of a vehicle* [2] without causing injury or death (ie driving without reasonable consideration for others or not driving with the care and attention that a reasonable and sensible driver would exercise in the circumstances – your driving must suit the weather, any road hazards, road surface, light conditions and what others are doing)	$3000 fine (usually $150-$400, plus $130 court costs) and you can be disqualified
*Careless or inconsiderate driving of a vehicle causing death or injury** [3]	3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous driving of a motor vehicle without causing death or injury [4] (ie. Driving in a way or at a speed which is, or might have been dangerous to anyone – you can be guilty even if there is no-one else on the road, because someone may have come onto the road) or Reckless driving (ie. Realising you are driving dangerously but ignoring the effects or risks of continuing to drive like that)	3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous or Reckless driving of a motor vehicle causing death or injury [5]	5 years imprisonment and/or $20,000 fine and at least 1 Year Disqualification.
Driving a motor vehicle while under the influence of alcohol or drugs [6] (to such an extent as to be incapable of having proper control of the motor vehicle)	For first and second time – 3 months imprisonment and/or $4500 fine and at least 6 months disqualification. For the third and following times – 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
Driving a motor vehicle with breath or blood alcohol over the legal limit (without causing injury or death) If you are under 20 [7] – you will automatically be breaking the law if you have any alcohol whatsoever in your system. 0-150 microgramsof alcohol per litre of breath, or 0-30milligrams of alcohol per 100ml blood = infringement offence More than 150 micrograms of alcohol per litre of breath or greater than 30 milligrams of alcohol per 100ml of blood = offence	A fine or 3 months imprisonment and/or $2250 fine and at lease 3 months disqualification
If you are over 20 [8] – over 80mg alcohol per 100ml of blood, or over 400mcg alcohol per litre of breath	For first and second time: 3 months imprisonment and/or $4500 fine and at least 6 months disqualification. For third and following times: 2 years imprisonment and/or $6000 fine and at least 12 months disqualification

[1] ss 31, 32 and 33 Land Transport Act 1998
[2] s37 Land Transport Act 1998
[3] s37 Land Transport Act 1998
[4] s35 Land Transport Act 1998
[5] s36 Land Transport Act 1998
[6] s56 Land Transport Act 1998
[7] s57 Land Transport Act 1998
[8] s58 Land Transport Act 1998

Street/Drag Racing
Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to; race or drive a car with excessive speed; or cause a car to lose traction; or spill (intentionally) petrol, oil or any other substance on to a road that is likely to cause a car to lose traction [9]. If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days (see below) The ‘boy racer’ provisions also prohibit you from using a ‘traction’ engine, unless you have the correct qualification to operate a ‘traction’ engine [10]. [9] ss22A & B Land Transport Act 1998 [10] s22C Land Transport Act 1998
Impounding your Car
The police may impound your car for 28 days, if the police believe that you drove when: disqualified from holding a licence; or licence was suspended or revoked; or licence had expired; or you don’t hold a licence The police may also seize your car for 28 days if the police believe the car was used for racing; or car was used for an unnecessary exhibition of speed or acceleration on a road; or car was used in a way that caused it to lose traction The police may provide you with a notice setting out conditions under which the car may be used e.g. under certain speeds and at certain times of the day. If the police do seize or impound your car they must give you written notice, acknowledging impoundment including the name and address of the driver, date and time of seizure, place of impoundment and general rights of appeal. [11] The police must give a copy to the driver, registered owner and storage provider. You will be liable to pay for the storage costs [12]. You can appeal the police decision to impound your car by firstly appealing to the police (s102 Land Transport Act). If that is not successful, you can appeal to the District Court [13]. Note that the police do not have to provide this notice if the driver’s blood/alcohol exceeds 80 miligrams of alcohol per 100 mililitres of blood. [11] s96 Land Transport Act [12] s97(2) Land Transport Act [13] s110 Land Transport Act
Speeding
If you are caught by police speeding at 40km/h above the speed limit (eg. doing 90km/h in a 50km/h zone or 140km/h in a 100km/h zone), the police will automatically suspend you driver’s licence for 28 days [14]. In addition, if you are caught speeding at high speed you may be charged with dangerous driving, if the police believe that you were driving in a manner that is likely to be dangerous to yourself, other persons or the public [15]. Dangerous driving is a serious driving offence (see Penalties sections for maximum sentence). Speeding also leads to demerit points (see below). If you are exceed the speed limit by no more than 10 km/h you will be issued 10 demerit points; between 10km/h and 20km/h you will be issued 20 demerit points; between 20km/h and 30km/h you will be issued 35 demerit points; between 30km/h and 35km/h you will be issued 40 demerit points; over 35km/h you will be issued 50 demerit points (Schedule 2, Land Transport (Offences and Penalties) Regulations [14] s 95(1)(c) Land Transport Act [15] s7 Land Transport Act Demerit Points If you are convicted of a driving offence it is likely that you will have demerit points recorded against your name [16]. If you accumulate 100 or more demerit points over a two year period you will have your driver’s licence suspended for 3 months [17]. If you record 50 or more demerit points, you will be provided with a notice from the LTSA setting out how many demerit points you have and the consequences of having any more recorded against your name [18] [16] s88 Land Transport Act [17] s90 Land Transport Act [18] s89 Land Transport Act

Street/Drag Racing

Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to;
- race or drive a car with excessive speed; or
- cause a car to lose traction; or
- spill (intentionally) petrol, oil or any other substance on to a road that is likely to cause a car to lose traction [9].
If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days (see below)
The ‘boy racer’ provisions also prohibit you from using a ‘traction’ engine, unless you have the correct qualification to operate a ‘traction’ engine [10].

[9] ss22A & B Land Transport Act 1998
[10] s22C Land Transport Act 1998

Impounding your Car

The police may impound your car for 28 days, if the police believe that you drove when:
- disqualified from holding a licence; or
- licence was suspended or revoked; or
- licence had expired; or
- you don’t hold a licence
The police may also seize your car for 28 days if the police believe the
- car was used for racing; or
- car was used for an unnecessary exhibition of speed or acceleration on a road; or
- car was used in a way that caused it to lose traction
The police may provide you with a notice setting out conditions under which the car may be used e.g. under certain speeds and at certain times of the day.
If the police do seize or impound your car they must give you written notice, acknowledging impoundment including the name and address of the driver, date and time of seizure, place of impoundment and general rights of appeal. [11] The police must give a copy to the driver, registered owner and storage provider. You will be liable to pay for the storage costs [12].
You can appeal the police decision to impound your car by firstly appealing to the police (s102 Land Transport Act). If that is not successful, you can appeal to the District Court [13].
Note that the police do not have to provide this notice if the driver’s blood/alcohol exceeds 80 miligrams of alcohol per 100 mililitres of blood.

[11] s96 Land Transport Act
[12] s97(2) Land Transport Act
[13] s110 Land Transport Act

Speeding

If you are caught by police speeding at 40km/h above the speed limit (eg. doing 90km/h in a 50km/h zone or 140km/h in a 100km/h zone), the police will automatically suspend you driver’s licence for 28 days [14].
In addition, if you are caught speeding at high speed you may be charged with dangerous driving, if the police believe that you were driving in a manner that is likely to be dangerous to yourself, other persons or the public [15]. Dangerous driving is a serious driving offence (see Penalties sections for maximum sentence).
Speeding also leads to demerit points (see below).
If you are exceed the speed limit by
- no more than 10 km/h you will be issued 10 demerit points;
- between 10km/h and 20km/h you will be issued 20 demerit points;
- between 20km/h and 30km/h you will be issued 35 demerit points;
- between 30km/h and 35km/h you will be issued 40 demerit points;
- over 35km/h you will be issued 50 demerit points

(Schedule 2, Land Transport (Offences and Penalties) Regulations

[14] s 95(1)(c) Land Transport Act
[15] s7 Land Transport Act

Demerit Points

If you are convicted of a driving offence it is likely that you will have demerit points recorded against your name [16].
If you accumulate 100 or more demerit points over a two year period you will have your driver’s licence suspended for 3 months [17].
If you record 50 or more demerit points, you will be provided with a notice from the LTSA setting out how many demerit points you have and the consequences of having any more recorded against your name [18]

[16] s88 Land Transport Act
[17] s90 Land Transport Act
[18] s89 Land Transport Act

Driving Offences

YouthLaw — Mon, 03 Oct 2011 22:33:34 CDT

DRIVING OFFENCES
INFRINGEMENT OFFENCES:
TRAFFIC OFFENCES
RECORDING OF DEMERIT POINTS
WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE
UNDER 17 YEAR OLDS
HELPFUL CONTACTS

INFRINGEMENT OFFENCES:

What is an Infringement Offence?

For minor offences, for example, not having a Warrant of Fitness or Registration, you will receive an instant fine if caught. This is called an Infringement Offence Notice, or traffic ticket, and it will state how much you have to pay.

Three of the most common fines are:

Having no Registration: $200
Having no Warrant of Fitness: $200
Driving without a licence (that is, having never sat a driving test): a maximum of $1000, although the actual fine is usually around $350.

How long do I have to pay the fine?

If you don't pay your fine within 28 days from the day of the offence you will be sent a reminder notice. You then have another 28 days to pay. In total you have two months to pay the fine.

What happens if I don't pay it, will I have to go to court?

If you don't pay the matter will proceed to court and court costs of $130 will be added to the fine.

What should I do if I don't think I should be fined?

If you think you didn't commit the offence or if you have a good explanation for what happened, you should write a letter to the police, enforcement officer or the local council that issued the ticket. Their name and address will be on the ticket. It is always a good idea to write a letter if you do not accept you are in the wrong, but make sure you keep a copy. The ticket may be withdrawn. Make sure you include in the letter your name, address, vehicle registration number and also the ticket number itself.

(See "Writing a Letter" below).

TRAFFIC OFFENCES

What is a Traffic Offence?

If you commit a more serious offence you'll receive a Traffic Offence Notice. You can also receive one if you commit the same minor offence repeatedly, for example, driving with bald tyres.

Some examples of this type of offence are:

Careless Driving.
Dangerous Driving.
Reckless Driving.
Drink Driving.
Speeding (in some circumstances).

If the police decide to charge you with an offence, you'll be sent either a Notice of Prosecution for a Minor Offence or a Summons. A Summons is a written document signed by a Judge, Justice of the Peace or a Court Registrar which tells you the details of the offence you're charged with and the date, time and place of the court hearing.

Careless Driving:

What is careless driving?

If you drive without reasonable consideration for other people or you fail to drive with the care and attention that a reasonable and sensible driver would exercise in the circumstance you will be driving carelessly. This may relate to excess speed, failing to make the proper signals and observe other road rules. It may also relate to not driving in a way that suits the driving conditions (e.g. weather, road surface, traffic flow, light conditions). Remember this now includes skateboarders, roller skaters and roller bladers.

What is the penalty for careless driving?

The maximum fine is $3,000. You can also be disqualified from driving if the Court thinks it's necessary.

Generally the fine tends to be around $150 - $200 plus Court costs of $130.

If you cause injury or death the penalty is much worse - a maximum of 3 months imprisonment and/or a fine up to $4,500 and disqualification for at least 6 months.

The penalty is more serious if you cause injury or death and you were speeding, overtaking or driving on the wrong side of the road at the time – a maximum of 3 years imprisonment and/or a fine up to $10,000 and disqualification for at least 1 year.

What happens if I'm suspected of careless driving?

If you're caught at the scene, the officer will give you a ticket and you will later receive a Summons, which is given to you in person. If someone else reports your driving, you will be interviewed and if you are found at fault issued a notice and in time a summons.

Do I need to hire a lawyer if I am charged with careless driving?

You don't have to hire a lawyer but you may like to get some legal advice before you go to court. There is a lawyer at court called a "Duty Solicitor" who is there to help you with advice if you need it. You would need to go in and see him/her before court on the day of your court case. You could also call your local community law centre or Citizens Advice Bureau [See Helpful Contacts]. The AA has legal advisers who help AA members.

So what do I need to do if I am charged with careless driving?

The Summons will set out a date for the court hearing. You can either go to court on that day or you can write a letter and not go to court. If you write a letter you must say whether you are pleading guilty or not guilty. You may need to get legal advice to help you decide how to plead. If you plead guilty you can explain what happened in your letter - your side of the story, and explain why you think you should be given a small penalty. If you plead not guilty, you will be sent a date for a defended hearing.

If you are pleading not guilty it is important that you have considered the things set out in "Writing a letter" below, and made notes about them. You will need to give that information to the duty solicitor if he/she is representing you, bring it up in court yourself or put in a letter to be handed to the Justice of the Peace or Judge.

Dangerous Driving:

What is dangerous driving?

You are driving dangerously if you drive in a way or at a speed which is, or might have been, dangerous to anyone. This means you can be guilty of dangerous driving even if there's no other car on the road. It is enough that you may have had an accident if another car had been there or hurt or injured another person.

What is the penalty for dangerous driving?

The maximum penalty for dangerous driving without causing injury or death is up to 3 months in prison and/or a fine of up to $4,500 and the loss of your licence for at least 6 months. If you cause injury or death, the penalty is worse - a maximum of 5 years imprisonment and/or a fine of up to $20,000, and disqualification from driving for a minimum period of 1 year. If you cause death and there are aggravating factors such as you were fooling around on the road prior to the accident or there was excess alcohol involved you may be charged with manslaughter. Imprisonment is then highly likely with the maximum being life.

Reckless Driving:

What is reckless driving?

To be driving recklessly you have to be driving dangerously and be doing it either deliberately or ignoring the risk you're running.

What is the penalty for reckless driving?

The penalties are the same as for dangerous driving.

What happens if I'm charged with dangerous driving or reckless driving?

These offences are considered to be far more serious than careless driving. You will receive a Summons and you must appear in court. You can write a letter explaining the situation and take it with you to court. [See Section 12 – Writing a Letter]. You should give a copy of the letter to the duty solicitor if they are representing you. The case is heard before a judge in the District Court. In the majority of cases, a person found guilty of dangerous or reckless driving will lose their licence.

Do I need to hire a lawyer?

YES. It is a good idea to get in contact with a lawyer before you have to go to court. This is a more serious offence and you'll need legal advice.

Can I get legal aid?

You can get criminal legal aid for major traffic offences. You apply for legal aid by filling out a legal aid form, which you can get from the public counter at your nearest District Court. You should apply as early as possible, as soon as you receive a summons to go to court. If you are in Police custody or in the cells ask to see the duty solicitor and he or she will help you apply for criminal legal aid. Whether you receive legal aid will depend on your income, how much money you have in the bank, any assets you have, what bills you owe and what it costs you a week to live, e.g. rent, food, power/gas, telephone, petrol, etc. If you are under 20 and being supported by your parents, you will need to provide the same information about them. The Registrar of the Court will send you a letter telling you if you have been granted legal aid or you will be told at the court.

Drink Driving:

What is a drink driving offence?

It is a very serious offence to drive a vehicle when you've been drinking and you are over the legal limit. There are serious penalties for driving over the limit. For first and second time offences you could receive a fine of up to $4,500 and/or a maximum of 3 months imprisonment and losing your licence (disqualification) for a minimum of 6 months. If you re-offend a third time the fine can be as high as $6,000 and/or a maximum prison term of 2 years and a 1 year minimum disqualification from driving. It isn't an excuse that you didn't know you were over the limit.

What are the limits if I'm under 20?

The law has recently changed, so there is effectively a zero tolerance approach to alcohol for young perople under 20.

You could be committing an infringement offence and either have a fine or need to go to court if:
You have a small amount in your system - (0- 30 mg) alcohol per 100 ml of blood or (0 - 150 mcg) alcohol per litre of breath

You could be committing an offence and have to go to court if:
You have more than 30mg of alcohol per100 ml of blood, or more than 150mcg of alcohol per litre of breath
*This is a more serious offence than an infringement offence because the proportion of alcohol in your system is higher.

What are the limits if I'm over 20?

If you are over 20 there isnt at present a zero tolerance approach for any alcohol while driving.
What this means is that (unlike the rules for under 20's) you wouldnt automatically be breaking the law if you had some alcohol in your system unless you were also over the prescribed limit.

The relevant limits are:
80 mg alcohol per 100 ml of blood or 400 mcg alcohol per litre of breath.
*The penalties for being over the adult drinking limit are more serious than those for youth (under 20).

When can I be stopped and tested?

An officer is allowed to stop any driver and perform certain tests to determine whether that driver has been drinking or not. Once you have been stopped two tests may be performed. A passive breath sensing device, known as a "sniffer", is a quick and easy way to initially sense the presence of alcohol. This only needs to be near the mouth and often you will be asked for your name and address. It is not an offence to refuse this test, but refusal can lead to the performing of a breath screening test.

A breath screening test requires you to blow into a bag. This is another screening test, which determines if any further tests should be taken. The results of this test cannot be used as evidence in court. To refuse the test is not an offence, but if you refuse the officer is able to take you away to have an evidential breath test or blood test.

The officer does not have to suspect you have been drinking to require you to perform the tests.

What happens after I have tested positive?

Two further tests may be required after the initial screening tests. However, these will be conducted away from where your car was stopped. A large vehicle for this purpose may be present, or you may have to accompany the Police to a station. Refusal or failure to accompany will result in a charge and arrest without a warrant.

Evidential breath testing is a breath test that can be used as evidence in court. If you are asked to accompany the officer for an evidential breath test, you must be told that you have a right to contact a lawyer and you must be allowed to do this as soon as it is possible. If you fail to remain after a breath screening test or fail to accompany the Officer for the purpose of the evidential breath test you can be fined up to $4500 and may be disqualified. It is not an offence to refuse an evidential breath test but if you refuse, you can be required to have a blood test.

Blood tests should be performed by a medical doctor or by a medical officer. If you have an accident and go to hospital or to a doctor's surgery, the officer can ask a doctor to take a blood sample and the doctor doesn't need your consent. It is an offence to refuse a blood test and the penalty is the same as for drink driving.

NOTE: If you are over 20 and your breath test is over 400 mg per litre of breath or you are under 20 and your breath test is over 150 mg per litre of breath, you can ask for a blood test and you must be told of this right. However, unless you are just over the legal breath alcohol limit or you are sure the breath test is faulty, it is not usually a good idea to ask for a blood test because the result is usually higher than the result of a breath test.

What happens if I'm caught for drink driving and I am over 17?

The usual process is that you'll be given an "on the spot" Summons which will set out a court date (See "Traffic Offences").

If you are under 20, the penalties for being over the limit are a maximum of 3 months imprisonment and/or a fine of $2250 and a minimum 3 months disqualification from driving. If you are over 20, the penalties depend upon how many times you have offended and are set out under " What is a drink driving offence?".

If you have an accident and injure someone when you are over the limit the penalties are even higher. You will normally be disqualified from driving for 1 year and could get up to 5 years imprisonment and/or a $20,000 fine. (see "Under 17 Year Olds").

Speeding:

What happens if I am caught speeding?

For speeding of up to 50 km over the speed limit, the offence is a minor offence. This means that the penalty is a fine, which is set out on the Infringement Offence Notice.

However, if the speed travelled is more than 50 km over the speed limit, it will be dealt with by a Traffic Offence Notice, for example, if someone is travelling 151 km an hour in a 100 km speed area. Speeding at 40km/h above the speed limit will result in an automatic 28 days suspension of your licence from the police.

Speeding also leads to demerit points (See "Recording of Demerit Points").

Traffic Offence Questions:

When can an enforcement officer (not the Court) suspend my licence?

An enforcement officer must suspend your licence for 28 days if they believe on reasonable grounds that you have:

Undergone an evidential breath test and been found to have a breath alcohol concentration exceeding 800 micrograms per litre of breath; or
Undergone an evidential blood test and found to have a blood alcohol concentration exceeding 160 milligrams of alcohol per 100 millilitres of blood; or
Failed or refused to undergo a blood test, after being required or requested to do so; or
Driven a motor vehicle on a road at a speed exceeding the applicable speed limit by more than 50 km an hour (this having been detected other than by approved vehicle surveillance equipment).

The enforcement officer must give you written notice of this. Suspension starts immediately after the notice is given to you.

Can I appeal the decision to have my licence suspended for 28 days?

You can appeal to the Director of Land Transport Safety against the mandatory suspension of your licence. The grounds for an appeal are that you were not the driver of the vehicle at the time or the enforcement officer did not have reasonable grounds of belief or did not give you notice of the suspension that complied with the Act. If your appeal is unsuccessful you can appeal to the District Court.

When can an enforcement officer (not the Court) seize and impound my car?

An enforcement officer must seize and impound, a motor vehicle for 28 days if the officer believes on reasonable grounds that you drove the vehicle on a road while:

You were disqualified from holding or obtaining a driver licence allowing you to drive that vehicle; or
Your drivers licence is for the time being suspended or was revoked; or
You didn’t hold a driver licence and had been previously forbidden to drive because you were an unlicensed driver or your licence had expired.

The enforcement officer must give you a copy of the written notice of his intention to seize and impound your vehicle. The notice will tell you the date and time of the seizure, the place where the vehicle is to be impounded and your right’s of appeal to get your vehicle back. Seizure or impoundment is not necessary if the Officer has good reason to suspect the vehicle is stolen, converted, has suffered severe damage or is a write off. You will need to pay the storage and towage fee for the impoundment or enter into an agreement to pay these, to get your vehicle back after the 28 days.

Can I appeal an impoundment notice?

You may appeal to the Police on the grounds that:

The vehicle was stolen or converted at the time; or
The enforcement officer at the time of the seizure did not have reasonable grounds for his/her belief; or
You (being the owner of the car) did not know and could not reasonably have been expected to know that the driver was not allowed to drive; or
You (being the owner of the car) took all reasonable steps to prevent the driver from driving the vehicle; or
The driver of the vehicle drove the vehicle in a medical emergency.

If you are unsuccessful in appealing to the Director then you can appeal to the District Court.

Can I be prevented from driving, without being arrested?

YES. If an officer reasonably believes that you are incapable of properly controlling the vehicle that you are in charge of, in the interests of the yourself and the public, the officer may forbid you to drive any motor vehicle for a period (normally between 8 – 12 hours), take all keys to that vehicle, and take the vehicle to another place or immobilise it. If the car cannot be disabled easily, then the car can be impounded for up to 12 hours.

Can I be arrested for dangerous, reckless or drink driving?

If the offence of dangerous driving, reckless driving or drink driving is serious enough, you may be arrested, but this is uncommon. It is more likely that you'll receive a Summons. However, if you don't show up at court on the set date, the court will issue a warrant for your arrest which means that the police can arrest you and keep you in custody until you can be bought before court.

When can I be stopped by an officer and what must I tell them?

An Enforcement Officer can stop you at any time. You must give your name, date of birth and address. If you don’t own the vehicle you must give the name and address of the owner to the best of your knowledge. Other than that you have the right to silence. You can be required to remain stopped for up to 15 minutes for the Officer to establish your identity.

See "When can an Officer search my car?" below for more information on this.

Some reasons a Officer may stop you are to:

Inspect, test and examine your vehicle or other associated equipment (e.g. trailer); OR
Examine your vehicle registration or warrant of fitness;
Breath test you;
Carry out a lawful search (see below).

When can an Officer search my car?

An Officer can search your car if you agree. He/She can also stop and search your car if he/she has reasonable grounds to believe that you have drugs, or an offensive weapon (e.g. knife or gun). An officer can also stop and search your car if he/she has reasonable grounds to believe that any stolen property or property obtained by a crime involving dishonesty is in the car.

An officer may also search your car if he/she has a search warrant or arrests you and you are with your car at the time. If any search is done without consent the officer must tell you and any other person being searched the Act and section of the law allowing the search to take place.

When stopping a car to carry out a search the officer can require any person in the car to give their name, date of birth and address. If the officer has reasonable grounds to suspect that a person who is unlawfully at large or who has committed a crime punishable by imprisonment, is in your car, the officer can stop your car, require any person in the car to give their name, date of birth and address and search the car for the person, or property that is evidence of the crime.

Some Driving Offences and Maximum Penalties:

* "vehicle" includes a bicycle, moped, motorcycle, skateboard, roller blades and roller skates
** usually you will be issued with a notice to pay the infringement fee instead

OFFENCES - MAXIMUM PENALTIES

Driving without a licence
$1000 fine - $400 infringement fee**
(Your car will be seized and impounded for 28 days – storage and towing fees apply)

Driving without carrying your licence with you
$1000 fine $55 infringement fee**

Breaking the conditions of your graduated drivers licence –
E.g., carrying passengers without a supervisor while on a restricted licence
$1000 fine $400 infringement notice**

Careless or inconsiderate driving of a vehicle* without causing injury or death
ie driving without reasonable consideration for others or not driving with the care and attention that a reasonable and sensible driver would exercise in the circumstances – your driving must suit the weather, any road hazards, road surface, light conditions and what others are doing
$3000 fine (usually $150-$400, plus $130 court costs) and you can be disqualified

Careless or inconsiderate driving of a vehicle* causing death or injury
3 months imprisonment and/or $4500 fine and at least 6 months disqualification

Dangerous driving of a motor vehicle without causing death or injury
i.e. Driving in a way or at a speed which is, or might have been dangerous to anyone – you can be guilty even if there is no-one else on the road, because someone may have come onto the road OR
Reckless driving
i.e. Realising you are driving dangerously but ignoring the effects or risks of continuing to drive like that
3 months imprisonment and/or $4500 fine and at least 6 months disqualification

Driving a motor vehicle while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the motor vehicle
For first and second time – 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For the third and following times – 2 years imprisonment and/or $6000 fine and at least 12 months disqualification

Driving a motor vehicle with breath or blood alcohol over the legal limit without causing injury or death
If you are under 20 – over 30mg alcohol per 100ml of blood, or over 150mcg alcohol per litre of breath
If you are over 20 – over 80mg alcohol per 100ml of blood, or over 400mcg alcohol per litre of breath
3 months imprisonment and/or $2500 fine and at lease 3 months disqualification
For first and second time: 3 months imprisonment and/or $4500 fine and at least 6 months disqualification.
For third and following times: 2 years imprisonment and/or $6000 fine and at least 12 months disqualification

RECORDING OF DEMERIT POINTS

What are demerit points?

In addition to any penalties incurred if a driver is convicted of an offence, demerit points may also be recorded. Examples of offences that incur demerit points are as follows:

Person under 20 driving or attempting to drive with excessive breath or blood alcohol concentration.
Speeding offences registered by a Hawk radar. Offences recorded by speed cameras do not attract demerit points.
Failure or refusal to co-operate in an alcohol test.
Careless or inconsiderate use of a motor vehicle.
Failure to observe give-way rules.

Demerit points are deemed to have effect on and from the date the offence was committed and will last for a period of 2 years before being removed from your records.

What happens if I get demerit points?

If you accumulate 100 or more demerit points within 2 years you will be disqualified from driving for 3 months. Once you have accumulated 50 demerit points, you should receive a letter of warning from the Transport department. Failure to receive this letter may invalidate any suspensions from driving.

If you are disqualified for a period of 3 months or more due to being convicted of an offence, all demerit points entered before that disqualification will be cancelled.

Street/ Drag Racing

What does the law say?

Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to:

Race or drive a car with excessive speed; OR
Cause a car to lose traction; OR
Spill (intentionally) petrol, oil or any other substance on to a road that is likely to cause a car to lose traction; OR
Use a ‘traction’ engine, unless you have the correct qualification to operate a ‘traction’ engine.

What is the penalty?

If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days.

WRITING A LETTER TO THE COURT OR POLICE ABOUT A TRAFFIC OFFENCE

What sort of things should I put in a letter?

First of all, explain the circumstances that caused you to break the law. Remember this information is important for your case whether you are pleading guilty or not guilty. It will give the duty solicitor or solicitor acting for you your version of what happened. It is also important to give a copy of this to the Judge if you are acting for yourself. Other things that can be mentioned are:

How long you have been driving;
If you have never had a ticket before;
If you have done a Defensive Driving Course;
If it is your first offence;
That you have learnt your lesson and you are sorry (if you are pleading guilty);
If you have been hurt physically;
That you are suffering financially due to the debt you now have as a result of the accident;
If no-one else was injured;
If the weather conditions contributed to the accident.

These kinds of factors are more likely to be mentioned in a letter about a major offence like careless or dangerous driving. But even with a minor offence like having no Registration, there may be a reasonable explanation, which you can give in your letter.

Other helpful hints:

Quote the number on the Notice or ticket or enclose a photocopy of it with your letter;
Try to get it typed up, if you can - if not, then write neatly;
Keep your letter simple and to the point;
Keep a copy of your letter;
Write to the address on the bottom of the ticket;
Address it to "To Whom It May Concern";
Sign it "Yours Faithfully".

UNDER 17 YEAR OLDS

You aren't treated any differently for minor offences such as having no Warrant of Fitness or speeding. But if you commit a serious offence, the police can send you a Summons to the Youth Court. A Family Group Conference (FGC) will then be held to decide if there's a better way to deal with your offending, or the police can meet with a Youth Justice Co-ordinator to decide whether your case should go to court or can be dealt with in other ways.

What is a Family Group Conference?

A Family Group Conference is a meeting of all the people who are involved in your life, including any victims of your offending to discuss your offending. The purpose of a FGC is to make sure you face up to your offending and take part in the decision about what should be done about it. It is designed to help your family to support you and to divert young people away from the court system.

Everyone present must agree with the FGC decision. If they don't your case will probably go back to the Youth Court to decide what should be done about the offence. The case may also go to court if you deny the offending, as a hearing will need to take place to determine whether or not you are guilty.

What is a Youth Justice Co-ordinator?

A Youth Justice Co-ordinator works for the Children, Young Persons and their Families Agency and their job is to explore ways of dealing with your offending without having to go to court and to organise and run the FGC. The Children, Young Persons and their Families Agency is to become the "Department of Child, Youth and Whanau Services" on 1 October 1999.

HELPFUL CONTACTS

SADD (Students Against Drunk Driving)
PO Box 1, Christchurch
Ph: (03) 374-9218

The Insurance Council
PO Box 474, Wellington
Ph: (04) 472-5230, or 0800 656-516

The Insurance Council has a service which deals with questions about insurance and complaints about insurance companies.

Insurance Ombudsman
PO Box 10845, The Terrace, Wellington
Ph: 0800 888-202
The Insurance Ombudsman hears complaints about insurance companies. However, you must
have at first tried to sort the problem out through the insurance company's complaints procedure.

Also see your telephone directory for your local:

Citizens Advice Bureau
Community Law Centre
New Zealand Automobile Association (AA). This has a legal advice service for members and provides information on Driver Education.
Driver Licensing Helpdesk Ph: 0800 822422.
Land Transport Safety Authority. Website www.ltsa.govt.nz
Police Station - For questions about Driving Licences and Traffic Offence Notices.

Note: This information sheet was produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. and was last updated and reviewed in November 2001. Its contents are true and accurate to the best knowledge of YouthLaw Tino Rangatiratanga Taitamariki Inc. However, YouthLaw Tino Rangatiratanga Taitamariki Inc. assumes no liability for any losses suffered by any person relying directly or indirectly on this information sheet as it is not advice to a particular client. If you want advice, please contact us. ISBN # 0-909004-11-0. The Legal Services Agency provided the funding for the production of this information sheet

Young People & Drugs

YouthLaw — Sun, 11 Sep 2011 18:26:40 CDT

(Last updated Jan 07)

Can my teacher search me or my property for drugs?
What are my rights if the police want to question me and I am under 17?
What are my rights if the police want to question me and I am 17 or older?
Can the police search me if they don’t have a warrant?
Legally, are some drugs considered more serious than others?
Can I be arrested for letting someone else take drugs in my car or in my house?
What happens if I am caught dealing?
What if I am not dealing, but have a lot of drugs?
What can happen if I am caught taking drugs?
What if I don't sell drugs, but help someone else sell them?
What other drug related offences are there?
Further Information

The topic of drugs and young people is a very controversial one and very strong opinions are held about it. This information sheet has been designed to inform young people of their legal rights and obligations and the legal implications of possessing or dealing in illegal drugs. Therefore in the paragraphs following we set out the law relating to illegal drugs in New Zealand. Youthlaw produces free flick-cards, which set out the law on drugs and alcohol. Contact us to get one.

Can my teacher search me or my property for drugs?

(This is answered in more detail in the “Search me? Searches and Confiscations at school” information sheet.)

The issue of school searches has never been decided by a judge in the New Zealand courts so we can’t be sure of the answer to this question. But from looking at other areas of law, and at overseas cases, we think there are two situations where it may be lawful for teachers to search you:

If you consent (agree). If you say nothing that usually means you agree to it, so if a teacher asks to search you or your possessions and you don’t consent, then you must clearly say so. Sometimes even if you do agree to be searched, it could be an unfair search if you are not mature enough to understand the consequences of agreeing (what may happen).
If the school has a good reason for searching you. Usually for a search to be considered reasonable, the school would need to have good reason to believe that you have in your possession an item which it would be important enough to find to justify the intrusion into your privacy. The more intrusive a search is the more likely that a court would strongly demand that there be reasonable grounds for suspicion. Strip searches would probably be regarded as too intrusive unless there was concealment of a dangerous weapon or an imminent risk to life.

Searches of whole classes would not normally be considered reasonable, as the school could not have a good reason to suspect every student of possessing the item searched for.

For example a reasonable search for drugs would be one where they had a good reason to think that you had drugs on you, not one where they knew drugs were being taken to the school but had no real reason to suspect you in particular.

What are my rights if the police want to question me and I am under 17?

The police can ask you your name, date of birth and address. If you are under 17 it will usually be in your best interests to tell the police your age so that they deal with you as a young person and not as an adult. If you do not tell them your true details this may provide the police with an excuse for arresting you. They should explain this to you when they ask for this information.

If the police want to ask you any other questions in connection with an offence like:
‘Have you got any drugs on you?’ they must inform you of your rights before asking the questions.

They should tell you:

You don't have to go with the police unless you have been arrested;
You don't have to answer questions or make a statement;
If you agree to answer questions or make a statement you can change your mind and stop at any time;
If you make a statement of answer questions this may be used in evidence in court;
You have the right to consult with a lawyer and have another adult there to support you (the police should explain precisely who you can consult).

Even if the police do not tell you these things they are still your rights and are contained in section 215 Children Young Persons and their Families Act (CYPF) 1989. It is important to try and remember these rights so that you know what they are if the police ever want to question you. The police must also tell you these rights if you ask.

YouthLaw produces free flick-cards, which set out your rights when being questioned by the police - contact the office to get one. It is helpful to keep one in your wallet.

If the police do not inform you of your rights and later charge you with a criminal offence make sure you tell your lawyer about that.

The police may ask you to accompany them to the station to help them with their enquiries or step outside to answer some questions. Remember you do not have to go with them unless you have been arrested. If you agree to go whilst not under arrest you can change your mind and leave at any time. If the police tell you are "under arrest" you must go with them.

If arrested the police must tell you what you are being charged with. You still have the same rights as listed 1-5 above.

If you are found drunk in public or 'really out of it' as a result of drugs the police can take you home if they think you are at risk. This could be if they think you are likely to be abused, or hurt, or harm yourself or others. If you don't want them to take you home say so. They will then take you to a Social Welfare home. If you can't or won't tell them where you live they can take you to a detoxification centre. If there aren't any that can take you, the police can hold you for up to 12 hours until they think you are capable of looking after yourself.

What are my rights if the police want to question me and I am 17 or older?

The police do not have to inform you about any legal rights you may have if they attempt to question you. You do not have to answer any questions other than give your name, date of birth and address. By lying or refusing to provide this information you risk being arrested. You are also not legally required to go anywhere with the police unless arrested, for example, to be separated from your friends or to go to the station for questioning. If arrested you must be informed of your right not to make a statement and your right to consult a lawyer. [1]

[1] s23 NZ Bill of Rights Act

Can the police search me if they don’t have a warrant?

When the police ask to search young people it is sometimes put in such a way that you may feel you have no real choice; consequently not many young people refuse. Remember you have the right not to agree to a search. Make this clear to the police, (‘I do not agree to being searched, what is your lawful authority?’).

This is important as they can only search without your agreement if;

a) you are under arrest;
b) the police have a search warrant; or
c) the police have reasonable grounds to think you have a knife, an offensive weapon, explosives, a disabling substance or a firearm (or stolen goods in certain circumstances such as if you are on a wharf of railway station); or
d) the police have reasonable grounds to think you have drugs and are using the Misuse of Drugs Act 1975, (MDA).

Remember if the officer is in “plain-clothes” or “undercover” ask to see their warrant card or police identification first.
Without a warrant the police can only search, using their powers under the MDA, if they have reasonable grounds to suspect you have drugs on you, your property, or within your vehicle or premises. The police must state that they are searching under the MDA section 18 subsection (2) or (3) and identify themselves to you [2]. It is a good idea to take a note of the police officers' names and badge numbers. Their numbers are displayed on black discs, usually located on their shoulders. Also ask what reason they have for their suspicion. They are not legally required to tell you. It is also advisable to stay with your friends if possible, as having witnesses can be useful.

If you are a female you can ask to be searched by a female police officer.

If the police make a search under MDA 18 (2) or (3) then they are obliged to file a report to the police commissioner within three days outlining their reasons for making the search and if anything was found; [3].

Although asserting your legal rights is important, being cheeky or smart in the process of doing so will not be in your best interests. If you do feel harassed or improperly searched and wish to make a complaint then you can speak to a lawyer or to the senior officer at the station. If you are hurt or ill you should ask to see a doctor straight away. If you have any marks or bruises you should see a doctor and ask them to make a note of them. Get a friend to take a colour photograph of any injuries.

It is important not to obstruct/hinder or resist an officer who is searching you if they have the authority to search you (as above). Even if you have no drugs on you and feel you are being hassled, you can get arrested for obstruction if you try to prevent the search. It is best to take it easy and note exactly what they say and do.

If you want to make a formal complaint you should see YouthLaw Tino Rangatiratanga Taitamariki, a Community Law Centre, a lawyer, Citizens Advice Bureau or other advice agency.

They can help you make a complaint to the Police Complaints Authority. The address is:

Police Complaints Authority,
PO Box 5025,
Wellington,
Ph (04)499-2050 begin_of_the_skype_highlighting (04)499-2050 end_of_the_skype_highlighting begin_of_the_skype_highlighting (04)499-2050 end_of_the_skype_highlighting or (04)499-2053 begin_of_the_skype_highlighting (04)499-2053 end_of_the_skype_highlighting begin_of_the_skype_highlighting (04)499-2053 end_of_the_skype_highlighting.

You can also contact them yourself. For more information on your rights with the police see our "Young People and the Police" information sheet.

[2] s18(4) Misuse of Drugs Act 1975
[3] s18(6) Misuse of Drugs Act 1975

Legally, are some drugs considered more serious than others?

The law and the courts view the consumption, possession or supply of some drugs as more serious than others, and there are varying penalties depending on the drugs legal classification. Controlled drugs are classified Class A, Class B and Class C. Class A drugs are considered the most serious and Class C the least serious. If you have controlled drugs on prescription from a recognised authority such as a doctor, then you are not breaking the law. However giving or selling these to anyone else is illegal.

Many young people are unaware of how serious some drugs, such as Magic Mushrooms are considered legally. The drug Ecstasy can be class A, class B or class C, depending on what it has in it. In New Zealand most ecstasy seized by the police has been classified as a Class A drug. Here are classifications for some of the drugs used in Aotearoa New Zealand (the Schedules of the MDA contain the full list):

Class A: Heroin (this is found in some homebake), Cocaine, Methamphetamine ('P') LSD/Trips, Mescaline/Peote Cactus, Psilocybine / MagicMushrooms.
Class B: Opium, Morphine (MST, Bake), Amphetamine (Speed), Hash Oil, most Ecstasy seized by police in New Zealand, GHB (Fantasy).
Class C: Cannabis (Dak, Marijuana, Dope -both seeds and leaf), Barbiturates.

Can I be arrested for letting someone else take drugs in my car or in my house?

Yes. Allowing your vehicle or premises to be used for the purpose of manufacturing, selling or consuming drugs is illegal, and you could face charges [4].

[4] s12 Misuse of Drugs Act 1975

What happens if I am caught dealing?

Drug dealing is a serious crime which can carry severe penalties:

The maximum sentence for dealing, giving, offering to supply, importing, exporting or manufacturing a Class A drug is life imprisonment; [5]
The maximum sentence for the same charges involving a Class B drug is 14 years; [6]
The maximum sentence for the same charges involving a Class C drug, like Cannabis, is 8 years imprisonment, [7]

These are maximum sentences and it is rare for the maximum to be imposed unless it is a very serious case.Factors like the amount oftype of drugs being dealt and the circumstances of the offender are relevent.However these penaltiesshow how seriously thelaw responds todrug dealing. There is high probability of imprisonment for anyone aged 17 or over who is convicted of drug dealing. There is also a risk of imprisonment for under 17 year olds and other serious consequences such as being sentenced to a youth justice residential facility.

The Misuse of Drugs Act makes a small distinction regarding Class C drugs. Supply of Class C drugs to anyone aged under 18 willbe considered dealing, regardless of whether or not the drugs were sold or offered to be sold. Supply of Class C drugs to anyone aged 18 years or older will also be considered dealing unless the accused can prove that they did not sell or offer sell the illegal drugs; s6(5). Possession of the drugs is still an offence, however.

What if I am not dealing, but have a lot of drugs? In addition, if you are in possession of a certain quantity or more of a controlled drug then you may be charged with possession for the purpose of supply or sale (dealing). It will be presumed that those drugs are not in your possession for personal use only; (see the MDA 1975 for the specific quantities). The penalties for "possession for supply" are the same as for dealing drugs, as outlined above.

With respect to Cannabis (Dak, Marijuana, Dope) the most commonly used controlled drug, possession of an ounce (28 gm's), or more can be considered enough to be charged with possession for the purpose of supply.

[5] ss 6(1) and 6(2)[a] Misuse of Drugs Act 1975
[6] s 6(2)[b] Misuse of Drugs Act 1975
[7] s 6(2)[c] Misuse of Drugs Act 1975

What can happen if I am caught taking drugs?

You could be found guilty of "possession". The maximum penalty for a Class A drug is six months imprisonment or a $1000 fine or both; MDA, s7(2)[a]. The maximum penalty if Class B or C drugs were involved is three months imprisonment or a $500 fine or both. If you are under 17 the matter will most likely be dealt with by a family group conference. If you are over 17 and it is your first offence then it is worth asking the arresting officers about the possibility of diversion so you don't get a criminal record.

For more information about diversion see our "Diversion - an alternative to conviction" information sheet.

What if I don't sell drugs, but help someone else sell them?

Helping someone else sell drugs is considered almost as bad as dealing itself. This is called 'conspiring to supply', and the legal penalties can be almost as severe as being caught dealing yourself.

What other drug related offences are there?

Some other offencesinclude being caught with instruments for the purpose of taking drugs, eg bongs, pipes, spotting equipment or syringes. Having seeds of prohibited plants like cannabis is also an offence. Penalties for possession of seeds or instruments can be high, the maximum (if 17 years old or over) being one year imprisonment or a $500 fine or both; [8]

Cultivation of prohibited plants can also be a serious offence (maximum penalties of 7 years imprisonment or 2 years/$2000 fine on summary conviction), although the number of plants and your age affect the consequences. Poppies are not illegal, but procuring opium from them is. However if you have a lot of poppies you may be charged with cultivation of prohibited plants. You will then have to prove the poppies were not being cultivated for opiates.

Manufacturing controlled drugs, such as Methamphetamine (P),Homebake or Hash Oil,is also a very serious offence. Manufacturing drugs carries the same penalties as dealing and, as a result, carry a high probability of being imprisonment, (see the delaing offencesabove for maximum penalties). Finally, being caught with stolen drugs, especially those from chemist or pharmaceutical burglaries can result in heavy penalties, the maximum sentence being seven years imprisonment; [9]

[8] s13(3) Misuse of Drugs Act 1975.
[9] s11 Misuse of Drugs Act 1975.

Further Information

Legal Advice or Information: · YouthLaw Tino Rangatiratanga Taitamariki: Offers free legal advice for young people.

NORML: A group lobbying for reform ofmarijuana laws. They have information on legal rights, and operate a legal enquiries 'Bustline' Ph: (09)302-5255 begin_of_the_skype_highlighting (09)302-5255 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)302-5255 end_of_the_skype_highlighting or their website for enquiries regarding cannabis arrests, improper searches/harassment etc.

ADIO:Primarily funded for needle exchange & information on blood-borne viruses [HIV/AIDS, Hep C, Hep B], they also offer drug related advice & advocacy in an effort to reduce the harms associated with [injecting] drug use [steroid use,tattooing/piercing]Email adio@ihug.co.nz

Toolkit for drug policy development by youth organsations. More Than Just a Policy: Best Practice Drug Policy for Youth Organisations – Guidelines, and – Workbook.

The Alcohol Helpline: A confidential information service for people with questions about their own or someone else's drinking. Call free on Ph 0800-787-797 begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting, 7pm -11pm, everyday or visit the website at www.adanz.org.nz

Counselling or help with Addiction or Alcohol/Drug Abuse: · AL-ANON Information Service: (incorporates Alateen and Adult Children of Alcoholics, 2nd floor, 52 Custom St, City, Ph: (09)379-4871 begin_of_the_skype_highlighting (09)379-4871 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)379-4871 end_of_the_skype_highlighting.

AA (Alcoholics Anonymous): Self help support groups using 12 step programme. 2 Mayoral Dr, City, P0 Box 5373 Wellesley St, Ph: (09)366-6688 begin_of_the_skype_highlighting (09)366-6688 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)366-6688 end_of_the_skype_highlighting.

Auckland Detox, (Akl Hosp): Detoxification unit for drug dependent people. 88 Grafton Rd, Ph: (09)815-5830 begin_of_the_skype_highlighting (09)815-5830 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)815-5830 end_of_the_skype_highlighting.

CADS: Offers free individual counselling and groups for young people (aged 13 to 20) with concerns about their own or others alcohol or other drug use, and their families. Ph Auckland (09) 845-1818 begin_of_the_skype_highlighting (09) 845-1818 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09) 845-1818 end_of_the_skype_highlighting

NA (Narcotics Anonymous): Self help support groups using 12 step programme. PO Box 47-087, Ponsonby, Ph: (09)303-1449 begin_of_the_skype_highlighting (09)303-1449 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)303-1449 end_of_the_skype_highlighting.

The Alcohol Helpline: Risk factors and problem early warning indicators, strategies for cutting down or stopping, coping with someone else's drinking. Information on services available for alcohol and drug assessment, treatment and support, services and support available for associated problems eg violence, psychiatric emergency etc. Call free on Ph: 0800-787-797 begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting, 7pm -11pm everyday or visit their website

Odyssey House Youth Services: Provides three adolescent programmes for young people aged between 12-17 years who have serious difficulty with drugs and/or alcohol. The components of the programmes include individual, group and family therapy. All Odyssey House programmes are free of charge. Referrals can be made by anyone to: Odyssey House, 390 Mt Eden Rd, Mt Eden, Auckland, Ph: (09)623-1205 begin_of_the_skype_highlighting (09)623-1205 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)623-1205 end_of_the_skype_highlighting.

Education/Information Concerning the Effects of Drugs: ·Alcoholic Liquor Advisory Council (ALAC): Provides a Consultancy service as well as a resource library that includes videos, pamphlets etc. Level 1, South Mark Building, 445 K' Rd, City, PO Box 8391, Symonds St, Ph: (09)309-1720 begin_of_the_skype_highlighting (09)309-1720 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)309-1720 end_of_the_skype_highlighting

CareNZ: They provideinformation pamphlets to individuals or groups on different drugs. 3 Station Rd Otahuhu, PO Box 22 489, Otahuhu, Ph: (09)276-7192 begin_of_the_skype_highlighting (09)276-7192 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)276-7192 end_of_the_skype_highlighting.

NORML News: Publication regarding cannabis use, effects, legal issues etc. PO Box 3307, Shortland St, Auckland, Ph: (09)302-5255 begin_of_the_skype_highlighting (09)302-5255 end_of_the_skype_highlighting begin_of_the_skype_highlighting (09)302-5255 end_of_the_skype_highlighting.

The Alcohol Helpline: The effects of alcohol on health and behaviour, education and health promotion resources and organisations, avoiding drink driving, responsible drinking guidelines. Call free on Ph: 0800-787-797 begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting begin_of_the_skype_highlighting 0800-787-797 end_of_the_skype_highlighting, 7pm -11pm everyday or visit their website at www.adanz.org.nz

(Most of these services are for the Auckland area. For other areas try your local Citizens Advice Bureau, or a similar organisation.)

What we do

YouthLaw — Wed, 15 Jun 2011 21:47:57 CDT

Who we are
Information
Advice
Representation
Education and Training
Law Reform
Consultation & Community Development
Contact us
Donations
Join

eASY

YouthLaw — Wed, 15 Jun 2011 21:47:17 CDT

The EASY program is a new initiative developed by YouthLaw to provide accessible and practical trianing for adults who work with young people.
The training is centered around advocating for children and young people in settings where a youth worker has a legal right to support the young person. This applies in settings such as Board of Trustee meetings, Pre Charge Family Group Conferences, at the Police Station during questioning and prior to arrest, in domestic violence situations and in disability advocacy settings.
Below is a list of the Trianing Modules which are presented as multi media self contained video and powerpoints.
A second aim of the training is to create a youth worker network which interfaces with support and mentoring from partner CLC's and other legal practioners.

Module 1- A Child Rights Approach to Advocacy

Introduction to EASY
Central Concepts of Advocacy
A Practical Guide to Advocacy

Module 2 – Advocacy in Education Settings

The Right to Education
School Discipline
Stand-downs
Suspensions
Before the Board of Trustees Hearing
The Board of Trustees Hearing
Video Feature: The Knife

Module 3 – Advocacy in Youth Justice Settings

Youth Justice Overview
Ages of Criminal Responsibility
Child offenders
Investigation
Supporting a Young Person at the Police Station
The Intention-to-Charge FGC
The Youth Court

Module 4 – Advocacy for Young People with Disability

Disability Awareness
Transition
Special Needs Education
Human Rights and Disability

Module 5 - Young People & Domestic Violence
Under development

If you woudl like more information please contact Jeanie Richards

Members Contributions

YouthLaw — Wed, 15 Jun 2011 21:46:57 CDT

In this section we will post up the contributions some of our members have made.
Please note the information in this section is not written by, or neccessarily the opinion of YouthLaw.
We hope this section will provide visitors with useful hints, tips and insights written by people who either work with youth or have personal experience of some of the issues facing young people.
Please check with us before acting on any legal advice provided in this section.

Brianna wrote

YouthLaw — Wed, 15 Jun 2011 21:43:41 CDT

There is no abstract available for this page revision.

Education and Training

YouthLaw — Mon, 16 May 2011 21:31:37 CDT

There are no upcoming seminars. Please contact us if you'd like to request a workshop for your organisation or young people.

Request workshop | Give feedback

Licences for Cars, Planes and Firearms

volunteer1 — Wed, 11 May 2011 18:26:49 CDT

AGE 15

When can I drive a car or motorbike?
At 15 you may go for a driving test and obtain a licence to drive a car, motorcycle, moped, light van, forklift or tractor. You have to take a copy of your birth certificate or passport with you. You will get a learner licence when you have passed a written test and an eyesight and hearing test. You must display “L” plates, carry the learner licence with you, and there are strict rules against driving while drinking or driving if you have been drinking. If you are driving a car, there must be a driver who has had their full licence for at least 2 years sitting beside you. If you are riding a motorbike, you must not carry a passenger or travel over 70km per hour. You must also display an “L” plate on your motorbike.

If you are under 25 you can apply for a restricted licence after 6 months. There are still strict conditions about drinking and driving and you cannot drive on a restricted licence between 10.00pm and 5.00am or with passengers in the car, other than someone who has had a full licence for more than 2 years (who must be sitting next to you) or your married or de facto partner, child or dependent. You can get a full licence after 18 months (reduced to 12 months if you have had advanced instruction from an approved driving instructor). If you are riding a motorbike you must not carry a passenger but you are allowed to travel over 70km per hour and don’t have to display an “L” plate any longer.

(Rules 15-19, 66 Land Transport (Driver Licensing) Rule 1999)

Please note that starting from August 1st 2011 changes to the law will mean the minimum driving age will rise from age 15 to age 16. However anyone who obtains their learners license before August 1st will be allowed to continue to hold their learners license, even if they are under the age of 16.

AGE 16

When can i fly a plane?
At 16 you can get a student pilot’s licence for any plane. But you have to be 17 to get a private licence and 18 to get a commercial licence. (Rules 61.105(1), 61.153(a)(1) & 61.203(1) Civil Aviation Rules, pursuant to Civil Aviation Act 1990)

When can I have a gun?
At 16 you can obtain a firearms licence from the Police. Under 16 it is an offence to have a firearm in your possession. (ss20, 23 Arms Act 1983)

AGE 18

Can I use an air rifle?
Once you are 18 you do not need a licence for an airgun. If you are aged 16 or 17, you may only have an airgun or air pistol in your possession if you have a firearms licence. It is an offence to have an air rifle in your possession if you are under 16, or if you are 16 or 17 and don’t have a licence, unless you can show that at all times you were under the direct supervision of someone with a firearms licence, or someone aged 18 years or over.

(ss21, 22(1) Arms Act 1983)

When can I go for a heavy traffic licence?
Once you have held a full licence for driving a car (this excludes a motorcycle licence) for 6 months, you can apply for a licence to drive any heavy trade vehicle, vehicle recovery truck, heavy forklift, mobile home, self-propelled caravan, tractor or bus (but not a passenger vehicle).

(Rules 15, 28, 29 Land Transport (Driver Licensing) Rule 1999)

AGE 20

When can I get a licence to carry passengers?
You may apply for a licence to drive a taxi, a bus, or ambulance when you have had your full licence for at least 2 years. (Rule 27 Land Transport (Driving Licensing) Rule 1999)

Health and Safety

YouthLaw — Wed, 27 Apr 2011 19:50:59 CDT

Ages 16+

AT ANY AGE

Can anyone force me to be part of a medical or scientific experiment?
No – not without your consent.

(s10 New Zealand Bill of Rights Act 1990)

When am I old enough to go to a sexual health clinic?
You can go to a sexual health clinic at any age and be provided with free confidential testing for sexually transmitted infections (including HIV), treatment and counselling. There is law which says that doctors can inform your parents if you are under 16 and are being treated for a sexually transmitted infection unless this would harm your health or wellbeing or be contrary to the wider interests of public health. Because it is essential for a young person with a sexually transmitted infection to get treatment, and doctors know that many young people will not go to a clinic for treatment if they think their parents will be told, the policy of sexual health clinics is that your parents will never be told that you have visited the clinic whatever your age. If you are under 16 and your parents know you have a sexually transmitted disease they must get medical treatment for you.

(ss 89, 90 Health Act 1956; Regulation 7 Venereal Diseases Regulations 1982)

When can I claim ACC?
You are eligible for ACC (which covers you for personal injury) at any age.

(s3 Injury Prevention, Rehabilitation, and Compensation Act 2001)

What can happen if I smash a glass or bottle or leave litter in a public place?
You commit an offence if your actions are deliberate and you have no reasonable excuse. You can be made to pick it up or clean up by the Police or a local council Litter Control Officer. In serious cases you could be dealt with by the Youth Aid section of the Police who could give you a warning/caution or call a Family Group Conference, which could lead to you being taken to the Youth Court.

(s15, 16, 17 Litter Act 1979)

Can I carry a knife or other weapon to protect myself?
No, it is against the law to carry a knife (even a pocket knife) or other weapon in a public place unless you have a ‘reasonable excuse’. It is not an excuse that you want the weapon for protection in case someone attacks you or tries to jump you for your jacket or boots. It is serious to be convicted of this offence for a second time within two years: the judge has to send you to prison unless there is a very good reason not to (such as your age).

(s13A Summary Offences Act 1981; ss202A, 202B, 202BA Crimes Act 1961)

AGE 18

When can I buy fireworks?
You can only buy fireworks once you turn 18. But at any age it is against the law to throw or set off fireworks which might hurt or alarm anyone. To throw fireworks at a cat, dog or other animal may amount to cruelty, which is a criminal offence, and could lead you to being dealt with by the Youth Aid section of the Police who could give you a caution or warning or call a Family Group Conference.

(reg 6 Hazardous Substances (Fireworks) Regulations 2001; s35 Summary Offences Act 1981; ss28, 29 Animal Welfare Act 1999)

Donations

YouthLaw — Wed, 20 Apr 2011 20:31:58 CDT

If you have found our website useful you can donate to us by clicking the Donate button.

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Do I have rights to a minimum wage and holiday pay?

YouthLaw — Tue, 19 Apr 2011 22:52:51 CDT

Minimum Wage

There are three minimum wage rates:

Adult minimum wage applies to all employees aged 16 and over who are not new entrants or trainees.

New entrants minimum wage applies to employees aged 16 and 17 except for those who have completed 200 hours or three months of employment, whichever is shorter; or who are supervising or training other workers; or who are trainees.

Training minimum wage applies to employees aged 16 and over who are doing recognised industry training involving at least 60 credits a year.

Minimum Wage for under 16 years of age

There is no statutory minimum wage for employees who are under 16 years old.

Minimum wage rates from 1 April 2011

The minimum wage rates are reviewed every year. As of 1 April 2011 the adult minimum wage rages (before tax) that apply for employees aged 16 or over are:

$13.00 per hour which is

$104.00 for an 8 hour day or

$520.00 for a 40 hour week.

The rates that apply to new entrants, and employees on the training minimum wage (before tax), are:

$10.40 per hour, which is

$83.20 for an 8 hour day or

$416.00 for a 40 hour week

Holiday Pay

Holiday pay must be paid in addition to the minimum wage. If an employee receives “pay-as-you-go” holiday pay, this payment must be a separate and identifiable part of their pay.

An increase in the minimum wage will not affect an employee’s other conditions of employment, unless they agree to the changes.

All workers, no matter how long they have been at a job, are entitled to 11 public holidays including Christmas Day and Easter if they fall on days on which they would normally work. You can agree to work any of these days but you can’t be dismissed for refusing to work a public holiday.

If you are required to work on a public holiday, you are entitled to a day's holiday pay in lieu plus payment at the rate of time and a half you work on a public holiday.

All workers including full time workers, part-time workers, fixed term, temporary or casual workers must get at least 4 weeks paid holidays a year. If you are a part-time worker and work on Monday, Tuesday and Wednesday, you are entitled to take 4 weeks of Monday, Tuesday and Wednesday.

If you worked for less than a year in a job (and so didn't become entitled to take annual holidays) then you must be paid 8% of your total gross earnings when you leave. Total gross earnings mean all salary, wages, overtime pay, allowances, and commission.

Employers can include your annual holiday pay (at least 8% of your gross earnings) with your regular pay if you are employed on a fixed term agreement to work for less than a year or if you work so irregularly that it is impractical for the employer to provide you with 4 weeks annual holidays. However, this can only happen if you agree to have your holiday pay included in your regular pay. Holiday pay must be paid as an identifiable part of your regular pay.

[s16 Holidays Act 2003]

Employment Agreements

YouthLaw — Tue, 19 Apr 2011 21:46:14 CDT

What is an employment agreement?
Can someone else negotiate my agreement for me?
Can I still belong to a union?
What type of agreement can I have?
What is in an agreement?
Am I protected from discrimination?
What is sexual harassment?
Do I have rights to a minimum wage and holiday pay?
Parental, sick and bereavement leave
What are casual and temporary workers?
What can I do if my workplace is unsafe?
What is Workplace Accident Insurance?
Who can I contact if I am unsure about my rightWhat happens if your employer is selling his/her business?
Does the employer have to retain a copy of the employment agreement?

IMPORTANT: GOOD FAITH The Employment Relations Act requires that the central part of an employment relationship between an employer and an employee is the concept of “good faith”. This means that employers and employees should be fair, reasonable and honest when dealing with one another. This also means that employers and employees cannot act in a way that will, or is likely to, mislead or deceive each other.

For further help please contact these authorities.

Does the employer have to retain the employment agreement?

YouthLaw — Tue, 19 Apr 2011 21:44:49 CDT

From 1 July 2011, all employers will be required to:

Retain a signed copy of the employment agreement or current signed terms and conditions of employment for all their employees; regardless of wheh the employees started
Provide a copy of the agreement on request to their employees (including casual and fixed-term employees).

Labour Inspectors will be able to seek a penalty in the Employment Relations Authority where employers do not comply. Employers will be given written notice and have seven working days to fix the issue before they risk a financial penalty for breaching the law.

Suspension - A suspension by any other name

YouthLaw — Mon, 04 Apr 2011 18:40:55 CDT

Changes to school discipline in New Zealand

Please note this legal opinion was written in 1999 and the laws have changed since then, click here for our current school info sheets

By David Flemming (1999)

Resources & Publications

YouthLaw — Wed, 30 Mar 2011 23:37:44 CDT

Now you can download our information sheets and publications straight from our website.

We will provided complete info sheets in pdf format which will also be printable.

For more info about our publications or to place an order for a brochure or Rights Wallet, email us
at info@youthlaw.co.nz.

We do not receive funding for printing & production of our resources, to cover reprinting costs we try to keep prices down to a minimum.

	YOUR RIGHTS Our most popular resource has been updated, rewritten and revamped. The Your Rights wallets are still free to individuals. To enable us to distribute these as widely as possible a small cost will be imposed to cover updating, printing, packaging & postage. $10 = 72 rights wallets, poster & flyers (p&p Inc) I know 72 is a weird number but that's what fits in a big envelope OK For schools, community groups and government agencies. We are happy to negotiate a price for bulk orders.

YOUR RIGHTS

Our most popular resource has been updated, rewritten and revamped. The Your Rights wallets are still free to individuals.

To enable us to distribute these as widely as possible a small cost will be imposed to cover updating, printing, packaging & postage.

$10 = 72 rights wallets, poster & flyers (p&p Inc)
I know 72 is a weird number but that's what fits in a big envelope OK

For schools, community groups and government agencies.

We are happy to negotiate a price for bulk orders.

YouthLaw Poster - A3 size

New posters - free with rights wallet order or a small charge for p&p

	YouthLaw Poster - A3 size New posters - free with rights wallet order or a small charge for p&p

Legal Ages Posters

YouthLaw doesn't produce these but you can order them from enquires@edresources.co.nz