Annual Report 2007-2008
Acknowledgements
Youthlaw Tino Rangatiratanga Taitamariki Inc. wishes to thank the many organisations and individuals who have provided their kind support and invaluable assistance to its ongoing achievements and success. In particular we would like to thank the Legal Services Agency, Auckland District Law Society, Telecom, Family & Community Services, Business Mechanix, KB Print, HQI and our artist James Stewart.
Produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. PO Box 7657 Wellesley St Auckland Ph: (09) 309 6967 Fax: (09) 307 5243 Email: info@youthlaw.co.nz Website: www.youthlaw.co.nz © Youthlaw Tino Rangatiratanga Taitamariki Inc.
YouthLaw Profile
YouthLaw Tino Rangatiratanga Taitamariki Inc is a community law centre for children and young people. We are the only national community law centre, and the only centre catering to a specific community (those under 25 years of age). We provide a variety of free services for children and young people including: Legal Advice Line We offer free, confidential legal advice to anyone aged under 25 years and those assisting them. This service operates between 10am and 4pm daily and is staffed by practising solicitors. We give information, advice and assistance on a wide range of legal matters. We also represent young people in forums such as Board of Trustee meetings, employment hearings, mediation and other tribunal hearings. Outreach Services Our outreach workers provide education sessions on our work, and about the law as it affects children and young people, to various groups including schools, CABs, NGOs, health providers and government departments/agencies.
Resources We produce over 60 information sheets on the rights and responsibilities of children and young people and a number of books. We also maintain a website that provides free legal information. Law Reform YouthLaw is involved in law reform by advocating on behalf of children and young people through submissions and select committees hearings, and through involvement with other special interest groups who advocate for children and young people‟s interests at a national level.
AIMS & PRINCIPLES YouthLaw's shared vision is to promote, protect and uphold the legal rights of children and young people in Aotearoa/New Zealand through the provision of a free service that helps people with their problems, empowers them with information, and advocates for them at a national level. YouthLaw is guided by the following principles; The provision of a free and confidential service to children and young people who would be unable to access services otherwise. The provision of youth-friendly legal resources to educate children and young people about their rights, and encourage self-reliance in solving legal problems. The duty to act on the instruction of children and young people, who are our clients. The responsibility to remain independent in order to advocate effectively for children and young people. The promotion of the United Nations Convention on the Rights of the Child and its incorporation into NZ legislation and policy. The protection of the rights of Tangata Whenua under Te Tiriti o Waitangi, as well as those of other minority groups. The development and maintenance of effective relationships with relevant community groups/organisations, statutory agencies and iwi/hapu. The fostering of whanaungatanga amongst staff by operating as a non-hierarchical collective that makes decisions by consensus.
Staff
John Hancock Effie Lokeni Harvena Hudson Neha Patel Dinesh Menon Colin Stanley Jeanie Richards Lynne Jacobsen
Senior Solicitor Solicitor Solicitor Solicitor Solicitor Outreach Solicitor Office Co-ordinator Accountant
MANAGEMENT SUPPORT GROUP REPORT
On behalf of the Management Support Group, it is great to be able to contribute to the annual report for what has been another good year for YouthLaw. As always, MSG would like to acknowledge the dedication and enthusiasm of YouthLaw whanau. The success of the organisation is entirely down to the great work whanau do. MSG exists to support whanau and the work they do, and it is a pleasure to note the achievements of the last year. Highlights this year have been the ongoing work on the EASY project and YouthLaw‟s key contributions to law reform on such important matters as the minimum wage, proposed changes to the care and protection system and the age of criminal responsibility. As important as those projects are, particular acknowledgement should also go to Neha, Harvena and Effie for their invaluable contribution in terms of day-to-day case work and advice; and also to Colin for his hard work over the year on outreaches and legal education. I would like to thank everyone who has volunteered their time to participate in MSG meetings this year, particularly Andy for his tireless finance sub-committee work, Mark for his all his efforts as secretary and Piers and Lesley for their continued commitment. MSG has also seen some welcome additions this year, and we are really pleased to welcome Alison, Natalie and Nathan, who have all made great contributions to the organisation already. MSG is always looking for new members, and I would encourage anyone at the AGM this year who is interested in coming along and contributing to the work of YouthLaw to come and speak to us. Luke Clancy, YouthLaw MSG
GENERAL CASEWORK
Our inability to obtain the required statistics from our database continues in the 2007 – 2008 year. As far as we can tell, though, our general casework trends remain similar to those of the previous year. Criminal matters dealt with are generally summary and low-level Crimes Act offences. Such offences are usually not covered by duty solicitor and legal aid schemes, and young people often cannot afford legal representation when faced with these charges. We seek, in particular, to fill the representation vacuum for those making applications for discharges without conviction, or requesting reconsideration of a decision to refuse diversion; some good results have been achieved for our clients. On more serious charges, we continue to provide the initial legal and practical advice to our clients, before assisting with legal aid applications. Traffic matters continue to constitute a significant area of advice. In terms of Youth Justice, advocacy at pre-charge Family Group Conferences continues. Queries from parents and young people on their rights with the police have been notable, especially in relation to police interviews; anecdotal evidence suggests that, at the police station, our clients are often not receiving the information on their rights that they are entitled to under s215 CYPF Act 1989. We note our support of the CYPF Bill (No. 6) and the proposed inclusion of 17-year-olds in the child protection and youth justice systems. Employment continues to be a significant area of practice. The majority of cases consist of personal grievances, and we continue to attend mediations for our clients. We have also received queries on wages recovery action and breaches of statutory entitlements, such as holiday pay and minimum wage. It is pleasing that some legislative steps have been taken to move away from age discrimination for the minimum wage in the past year with the Minimum Wage (New Entrants) Amendment Act. We have received many queries regarding meal and rest breaks over the years, and it is also heartening that these are now legislative entitlements. Civil cases tend towards tenancy and flatting disputes, while insurance matters continue to crop up. Young people have also contacted our service on issues of human rights discrimination, Bill of Rights matters, and ages of consent e.g. to medical treatment. We continue to take queries in the immigration area, and assist with flow-on issues regarding employment and educational matters. Many of these cases involve civil claims for amounts that exceed the Disputes Tribunal limit, but are too low to make court action worthwhile. We would be pleased to
see an increase to the Disputes Tribunal threshold, especially given the often vulnerable position of those in New Zealand on temporary immigration permits. As expected, we continue to receive questions on leaving home, and queries from young people dealing with parental arrangements and disputes. We have also received calls from young people with children; issues include establishing paternity and working out guardianship issues.
Age
Male Female Other 969 59 970
10% 10% 1%
Ethnicity
African 5% 0% 6% Asian Euro/pake ha Maori Middle Eastern Other
54% 14%
Family Law
2%
Civil
Consumer Employment Financial Legal
15% Care of Children 85% Domestic Violence
2% 2% 6% 26% 62%
Medico Tenancy
Criminal
9% 2%
Crown Prosecutions Local Govt Prosecutions Police Prosecutions
Admin
1% 2% 4% 3% ACC Births Deaths marriges Education
89%
90%
Education Case Work
Education matters form a significant proportion of the information, advice and representation queries we receive. As in previous years, requests for assistance in this area remain high. Unfortunately, section 14 matters (stand-downs, suspensions, exclusions and expulsions) affect the majority of our education clients. Many are referred to us through the Ministry of Education or school guidance counsellors. The area of Board of Trustee suspension hearings has received further judicial consideration this year through the Court of Appeal judgment of Bovaird and Anor v J. Specifically, the area of a principal‟s duty to meet with parents prior to suspending was discussed. We note that, while the judgment does not provide practical guidance to principals on when to meet with parents, the importance of adhering to natural justice principles throughout the suspension process was reiterated by the Court‟s finding that “[t]he obligation of a principal is to act fairly”. Unfortunately, our casework shows that breaches of natural justice principles are a continual feature of the suspension process for our clients. We hope to raise these issues at a legislative level through the publication of a report on our experience working with the current Stand-downs, Suspensions, Exclusions and Expulsions provisions of the Education Act 1989. Also of particular interest this year have been cases involving the reinstatement of the student with conditions, and the differing interpretations of what constitutes a reasonable condition. We have worked with clients who have been required to meet particularly onerous conditions prior to reinstatement, and have made requests for reconsideration on their behalf. We have also had a significant number of cases concerning special needs students this year. We have represented clients in situations where schools have raised a barrier to their enrolment due to their special needs. We continue to grapple with the complexities of special needs funding schemes, and have represented clients who have been refused funding, despite their significant educational needs, through direct liaison with the Ministry of Education and at the arbitration level. Other education enquiries have included: bullying; assault of students by school staff; school rules on uniforms and appearance; and drug testing. On a different note, we have received queries and feedback this year regarding the Police in Schools programme. We have heard that, in some instances, schools have chosen to refer a disciplinary matter to their Police in Schools officer, even though the matter falls within the school‟s disciplinary jurisdiction, and despite the police officer having an educational rather than policing role within the school. This practice, therefore, is quite concerning.
Law Reform
Law reform and legal policy work constitutes a significant and important part of YouthLaw‟s work, as it allows us to lobby for changes we consider will make a positive difference to the legal rights and status of children and young people. This work entails a variety of different forms, including making submissions to select committees and government departments on proposed legislation and policy, participation in the NGO reporting processes regarding the UN Convention on the Rights of the Child and related international instruments, presenting papers at national conferences, and writing papers and articles on legal issues that impact on children and young people. Over the past couple of years in particular, certain legislative developments and proposals have placed the legal rights of children and young people under the public spotlight. Of particular note was the passing into law of Sue Bradford‟s Private Members Bill to repeal section 59 of the Crimes Act 1961 by way of an overwhelming majority in the House of Representatives following a historical cross-party compromise. Another Bill of significance, for entirely different reasons, was Ron Mark MP‟s Young Offenders (Serious Crimes) Bill, which proposed the lowering the age of criminal responsibility and the effective dismantling of the Youth Court and youth justice processes under the Children, Young Persons and their Families Act 1989. Fortunately, the Select Committee investigating the Bill recommended that it not be passed. Against this context, the introduction of the Children, Young Persons and their Families Amendment Bill No 6 to Parliament is very encouraging in terms of reinforcing the principles of the current system and extending its protections to more young people. The Bill seeks to extend the coverage of the youth justice and care and protection systems to cover 17 year olds, thus bringing both jurisdictions in line with New Zealand‟s international obligations under the UN Convention on the Rights of the Child.
Submissions July 2006 – June 2008
Examples of our recent law reform work are listed below: Minimum Wage (Abolition of Age Discrimination) Bill – in-person submissions Employment Relations (Probationary Employment) Bill – in-person submissions Young Offenders (Serious Crimes) Bill – written and in-person submissions CYF Differential Response Model – written submissions Corrections (Mothers with Babies) Bill – written submissions Supplementary Order Paper to CYPF Act Bill (No 4) Youth Parliament Maori Affairs Select Committee – in-person submissions Submissions on Safeguarding our Children: Updating the CYPF Act - MSD Review of the CYPF Act Police Act Review discussion document – written submissions Criminal Justice Reform Bill – written submissions Children, Young Persons and their Families Amendment Bill No 6 – written and in-person
submissions
Immigration Bill – written and in-person submissions Police Bill – written and in-person submissions Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill – written and in-person
submissions
Land Transport Amendment Bill No 4 – written submissions Supplementary submissions to the Law and Order Select Committee on the Young Offenders (Serious Crimes) Bill Submissions to Ministry of Justice on the Draft Report on New Zealand‟s compliance with the International Covenant on Civil and Political Rights Family Court Matters Bill – written submissions
Collaboration and Consultation
We also continue to participate on committees and with community organisations, present seminars and work closely with government and non-governmental organisations on issues affecting children and young people. Some examples of our work in these areas over the last year are listed below: John was invited by the Canadian Senate Committee on Legal and Constitutional Issues to make a presentation on the legal background to New Zealand‟s amendment of section 59 of the Crimes Act, in light of a Bill seeking a similar amendment to the Canadian Criminal Code. John provided submissions to the Senate Committee via videolink on 5 June 2008. John continues to be a member of the UNCROC Advisory Group on the Government Work Plan to address 2003 recommendations of the UN Committee on the Rights of the Child regarding New Zealand's implementation of the UN Convention on the Rights of the Child. John is a Committee member of Action for Children and Youth Aotearoa (ACYA), the NGO that leads New Zealand‟s NGO report on compliance with UNCROC. John is Co-Chair of the Public Advisory Committee to the Legal Services Agency, where he represents youth issues. John presented a paper on the age of criminal responsibility as part of the UNICEF youth justice forum held in Wellington on 28 May 2008. John authored and presented the paper “Special Education: The right to education and protection from discrimination” for the LexisNexis Law and Education seminar series held in Auckland, Wellington and Christchurch in June 2008. John recently presented a workshop on UNCROC at the UNCROC forum held by the Ministry of Youth Development in Wellington and was involved on a panel discussion on drug testing in schools at the NZAAHD Involve 07 Conference in Christchurch. Effie is Chairperson of the Grievance Panel at Korowai Manaaki (formerly Youth Justice North), which hears complaints made by young people in residential care. Nick Harris, with the assistance with law student volunteers from the Auckland Law School and Equal Justice Project, has been developing a report on sections 13-18 of the Education Act 1989
– the provisions that deal with school stand-downs, suspensions, exclusions and expulsions. We intend to release the completed report early in 2009. Neha is a member of the Auckland Disability Law Steering Group. Colin is a member of the Mt Roskill Community Approach Board, an organisation that overseas the funding of support services for young people in the Mt Roskill district who are referred to police youth aid. We have worked with the Office of the Children‟s Commissioner on developing a resource for young people on the UN Convention on the Rights of the Child (UNCROC). We have contributed, with other Auckland law centres, to establishing an Auckland Disability Law service and on refugee/migrant scoping research carried out on behalf of the LSA.
Legal education report
Talofa Lava, Malo e lelei, Taloha ni, Fakalofa lahi atu, Ni Sa Bula vinaka, Kia Orana, Namaste, Halo Olgeta, Aloha, Everyone 2008 proved a very awesome year with about 10 outreaches per month and trying to spread the word about legal rights to young and old in the wider community. Again I believe we made an impact in the different forums where Youth thrive. States Schools I visited included Papakura High, Westlake Girls High, Auckland Girls Grammar and Alfriston College. Thanks to the Principals, staff, careers advisors and guidance counsellors for your continued support of your rangatahi. There are definite challenges for youth including Police in Schools in the South Auckland area. The impact on young peoples‟ perceptions of these initiatives should not be underestimated.
Westlake Girls
Papakura High
Hanging out with the kids
There is a growing need for our presence in alternative education programmes throughout the great Auckland area and beyond. Major shoutouts to you all including Waipareira Wraparound, Youthline, Tuakau Homebuilders and GENESIS Training. I find increasing calls for ongoing legal advice after my sessions. I appreciate the initiative that many Youth show by taking action and pursuing their legal rights.
There was a definite increase in outreach requests from Private Training Providers this year including BEST Training, Target Education and Cut Above Academy. Thanks to the bigger players like UNITEC Foundation Studies, Citizens Advice Bureaux, MIT Social Work and Employment as well as Project K for including Youthlaw and legal rights into your education plans. Thanks to Youth Transitional Programme, The Lighthouse Hillsborough and Mothers of Divine Mercy for your contribution to the welfare of youth and your place in the community.
MDM
MDM
Project K
We definitely hit the trail in search of the EXPO‟s around NZ. March madness continued with Polyfest where we strategically positioned our stall next to the ice cream vendor, so we added 2000 flickcards to your snow cones. Thanks to Nick, Aamey, Neha, Harvena and kids for manning the stand and putting up with my shoddy camera work. Other Expos included Otahuhu Youth, Nga Matua Taiohi and popular Coke Careers Expos in Hastings and Christchurch. Thanks to our social networking sites on Bebo and Facebook, youth are far more engaged with the office after meeting with us on the ground.
Hawkes Bay May 08
Christchurch Expo May 08
PolyFest 08
Thanks to Harvena, Jeanie and Nick for your efforts in creating the EASY Project which promotes advocacy for youth with the Police, Suspensions and Special Needs in Education, Youth Justice and Care and Protection. In late October my final assignment is to promote the ideas, principles and rewards behind EASY to audiences in Dunedin courtesy of the DCC Youth Action Committee. I am very proud of my colleagues for sharing a passion which will culminate soon in practical solutions for those people who assist Youth. I would especially thank the staff at Korowai Manaaki – CYFS Youth Justice North Facility in Manurewa – thanks for allowing me to talk with your rangatahi about their legal rights and responsibilities. I hope that Youthlaw continues to work closely with the youth there during such a crucial time in their lives. Our flickcards remain our most popular resource, amendments this year include the minimum training wage under employment and the inclusion of party pills into class „C‟ classification. Much love to illustrator James Stewart for your amazing artistry which has enhanced our Foster Care information, UNCROC handbook as well as the EASY Project. Our branding reflects so much more the mood and taste of rangatahi in contemporary Aotearoa. It‟s almost 5 years to the day Monday 20 October 2003 that I started at Youthlaw, fresh faced, wearing a suit and wondering why the staff were wearing mufti. Needless to say, I definitely changed my outfit for Tuesday. My wife Aamey, our little baby due next March and I leave these shores for the States on October 30th. I have loved the passion, aroha, determination and expertise of our Youthlaw Whanau in empowering children and young people throughout Aotearoa. Thanks to our ever present Management Support Committee and especially John our senior for leading us through each challenge with dignity, grace with the chic of a seasoned cricket captain in the final over. We will miss the mahi, but most of all, we‟ll miss you guys. To you John, Harvena, Nick, Jeanie, Effie, Neha, Amelia, Dinesh, Lynn, Clair, Phil and Bill, tofa soifua ma ia manuia fuafuaga mo le lumana‟i – farewell and all the best for the future. Colin
Media Work
Over the years, we have been regularly contacted by the media to provide comment on legal issues that impact on children and young people. Several child and youth issues drew headlines, reflecting the current climate for law reform.
Colin did a couple of sessions on Radio Watea with Emma from NTK. This is a good way for us to get the word out about young people’s rights to parents and whanau who tune in to Radio Watea.
Always good to catch up with the Mai FM crew, They gave YouthLaw the big shout out at this years Polyfest and distributed our rights wallets on their stall. CHEERS MaiFM .
Digital Media
In 2007 YouthLaw entered the first Ymedia competition – and WON!! We made our entrance into the world of social networking by developing a profile on Bebo & Facebook both popular sites with young people in New Zealand. We entered the competition because we thought it was important to connect with young people in their space. We are able to post up short videos about the law or current issues, provide pop quizzes on the law and seek general feedback from young people in a medium they support and use.
Community Development – a new direction
E.A.S.Y – Education & Advocacy Support 4 Youth Workers
EASY is a new project developed by YouthLaw to provide legal advocacy training for youth workers online. It will provide practical examples on using the law to advocate for their clients and improve outcomes for children, young people and families at a local level through Self-contained training modules that members can work through at their own pace at their own place. Instructional videos providing examples of advocacy in practice. The provision of ongoing support through our partner network of local community law centres and online mentorship. The incorporation of discussion boards and chat rooms where youth workers can share experiences, support each other, discuss issues and develop best practice models. The incorporation of wiki-type applications to develop a knowledge base of local services, key personnel and online collaboration. A library containing research, records, articles, documents and templates. The ability to provide regular online seminars by experts in the field (podcasts). Shared training opportunities in specific geographic locations. The provision of resources for potential advocates to provide legal education in their local community. The opportunity to learn about online tools for cost effective community development.
EASY programme principles To bring a child rights perspective to the provision of advocacy services for children and young people. To demystify the law and demonstrate its effectiveness as an advocacy tool. To contribute to the professional development of youth workers nationwide through ongoing support.
Who is EASY for? EASY is for any youth worker or other adult, working with children or young people in a professional capacity, who are members of a professional body or association. EASY is aimed specifically at youth workers, community workers, social workers, guidance counsellors, RTLBs, public health nurses and government workers.
TREASURER'S REPORT
For the year to 30 June 2008, YouthLaw Tino Rangatiratanga Taitamariki Inc‟s (YL/TRT‟s) income exceeded expenses by $31,852. This is a pleasing result as it allows us to supplement our services as necessary and to maintain current service levels should costs escalate during uncertain economic times. Income and expenditure have yet again risen when compared with the prior year, with income from grants this year increasing by almost $27,000 (now in excess of $536,000 per annum) in addition to the receipt of over $85,000 from the Department of Internal Affairs and the Legal Services Agency for the Digital Strategy project. We are very grateful for the financial support of the Legal Services Agency, the Department of Internal Affairs, lawyers within the greater Auckland region (via the Auckland District Law Society‟s Community Law Centre levy), the JR McKenzie Trust Board, Family & Community Services, Auckland City Accommodation, the Ministry of Social Policy, the Community Organisation Grants Scheme and the many individuals and organisations that provide us with donations and koha. As always, every dollar is gratefully received and very carefully spent. YL/TRT also receives financial assistance by way of incentives and discounts from our suppliers, including Business Mechanix (for computer support), KB Print (for publications), Telecom (for calling rates), and Wilson Partners (for the audit). Thanks for your support again this year. Finally, we would never have been able to achieve this result without the hard work of our office coordinator, Jeanie, and our accountant, Lynne. Thanks to Jeanie and Lynne for another great year. Andrew Ryan Treasurer