When Can I?

When Can I? – A guide for children and young people as to their legal rights and responsibilities at different ages Illustrated by James Stewart Designed by Justin Matthews This edition revised and updated by Jennifer Braithwaite and Clair Trainor YouthLaw Tino Rangatiratanga Taitamariki (Inc) YouthLaw Tino Rangatiratanga Taitamariki (Inc) Free legal service for children and young people nationwide Youthlaw-Book-Guts-UX-150205-OL-2.indd 1 2/15/2005 7:43:01 PM When Can I? – A guide for children and young people as to their legal rights and responsibilities at different ages YouthLaw Tino Rangatiratanga Taitamariki (Inc) Free legal service for children and young people nationwide This edition revised and updated by Jennifer Braithwaite and Clair Trainor YouthLaw Tino Rangatiratanga Taitamariki (Inc) First Edition 1988 Second Edition 1990 Third Edition 1992 Fourth Edition May 1996 Current Edition 2004 (25th November) Published by YouthLaw Tino Rangatiratanga Taitamariki (Inc) PO Box 7657 Wellesley Street Auckland Ph: (09) 309-6967 (to freecall dial 010 and follow instructions) Fax: (09) 307-5243 Email: info@youthlaw.co.nz Website: www.youthlaw.co.nz This book is copyright within the terms of the Copyright Act. No part may be reproduced by any process without the prior permission of the author. © Copyright 2004 YouthLaw Tino Rangatiratanga Taitamariki (Inc) ISBN 0-909004-07-2 Production by YouthLaw Tino Rangatiratanga Taitamariki (Inc) Illustrations: James Stewart Design: Justin Matthews Spidernine, www.spidernine.com ABOUT THIS BOOK Where you see “s” or “ss” in this book, that stands for ‘section’ or ‘sections’. A section is a paragraph of the law contained in an ‘act’ (also called a ‘statute’). An act is made up of a number of sections about similar things which are all gathered together under one name. For example, the Education Act 1989 has 340 sections and the Age of Majority Act 1970 has 9 sections. You can view acts (i.e. statutes) online at www.legislation.govt.nz The law changes – acts get amended (i.e. changed) and new acts get passed by Parliament. For an example of this, see the note on Page 9. The law in this book is correct at 25 November 2004. To confirm that a law is still correct, you can contact YouthLaw (contact details are at the front of this book) or check out the act yourself at www.legislation.govt.nz if the law refers to an act rather than a case. Where you see names and some reference numbers (such as: Tavita v Minister of Immigration [1994] 2 NZAR 116) this refers to a law report about a case (i.e. a dispute) a judge decided. Cases decided by judges create law as they explain what statutes mean. Judge-made law is sometimes called “common law”. This book contains information about the law. We have tried to make sure it is correct at the date it was written. However, it is not meant to be advice about a legal problem. YouthLaw will only take responsibility if you check with us first. So if you want legal advice, please contact us (see contact details at the front of this book). Enjoy reading about the law and how it relates to you and people you know. Youthlaw-Book-Guts-UX-150205-OL-2.indd 2 CONTENTS 2 2/15/2005 7:43:01 PM CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Care and Protection .............................................4 Guardianship, Access and Custody ........................9 Adoption ...........................................................12 Sex, Marriage and Relationships..........................14 Education ..........................................................15 Employment ......................................................17 Leaving Home ...................................................22 Civil and Political Rights ......................................23 Privacy and Access to Information .......................25 10. The Police .........................................................26 11. Criminal Law ......................................................29 12. Civil Law and Legal Aid .......................................32 13. Health and Safety...............................................34 14. Names ..............................................................38 15. Licences ...........................................................39 16. Travel................................................................40 17. Immigration, Citizenship and Passports ..............41 18. Contracts, Hire Purchase and Insurance...............43 19. Welfare Benefits and other Support .....................45 20. Owning and Inheriting Property ............................47 21. Bank Accounts...................................................49 22. Complaining and Getting Help .............................50 23. Adulthood ..........................................................55 3 Youthlaw-Book-Guts-UX-150205-OL-2.indd 3 2/15/2005 7:43:02 PM abused in any way. You are allowed to live in peace without being hit or threatened. Anyone who does this to you breaks the law and if they are 14 or over could be charged with a criminal offence. Youthlaw-Book-Guts-UX-150205-OL-2.indd 4 SECTION 1 CARE AND PROTECTION AT ANY AGE Can I say ‘No’ to unwanted touching? Yes, you can. Touching that you do not consent to is an assault or an indecency, and the person who does it to you can be taken to Court and punished. You should tell your parent, someone you trust, your school guidance counsellor or the Police if it happens to you. (ss 130-135, 139-141, 188-196 Crimes Act 1961 and s9 Summary Offences Act 1981) (ss22, 188-196, 306 Crimes Act 1961; s272(1) Children, Young Persons and Their Families Act 1989; ss9, 10A Summary Offences Act 1981) AT ANY AGE But what about my parent or carer – are they allowed to hit or hurt me? If your parent, step-parent or carer is threatening or hurting you, you can apply to the Family Court for a “protection order” for your protection. However, New Zealand’s criminal law says that a parent (or anyone standing in their place like a caregiver) can use ‘reasonable’ corporal punishment if necessary to correct your misbehaviour. Whether what the parent has done is reasonable would depend on how serious your behaviour was and also how they hit you. Using an implement such as a stick or a jug cord and leaving marks or bruises would probably be judged to be unreasonable and would amount to the criminal offence of assault. The United Nations Convention on the Rights of the Child (which was ratified by the New Zealand government in March 1993) recognises the child’s right to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent AT ANY AGE What if I’m being physically abused? It is against the law for you to be physically 4 2/15/2005 7:43:02 PM treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. (Domestic Violence Act 1995; s59 Crimes Act 1961; Article 19 United Nations Convention on the Rights of the Child) letters or material or to make disturbing, annoying or offensive phone calls. Phone the Police if this happens to you. (ss21, 22 Postal Services Act 1998, ss112, 113 Telecommunications Act 2001) SECTION 1 CARE AND PROTECTION AT ANY AGE What if someone makes threats to hurt or kill me or destroy my property or injure my animals? This is a criminal offence and the person can be prosecuted. (s21 Summary Offences Act 1981; ss306 & 307 Crimes Act 1961) AT ANY AGE What if I’m being sexually harassed? Your workplace and school or college must be a place where you feel safe from other people harassing you (this includes your co-workers or other students). It is unlawful for anyone to pressure you into having any sexual contact with them in return for giving you a job or promotion or doing anything else for you. If you are sexually harassed at work or at school or college you could get compensation for “humiliation, loss of dignity and injury to your feelings” as well as loss of earnings through the Human Rights Commission. If you are sexually harassed by your employer or by someone else at work and your employer does not deal with your complaint properly you might be able to get compensation through the Employment Relations Authority (phone 0800-800-863) or the Human Rights Commission (phone 0800496-877). (ss62, 76 & 92I-92P Human Rights Act 1993; ss101, 108, 114(5), 117, 123, Employment Relations Act 2000). AT ANY AGE What if a man exposes himself or asks me to touch him in a sexual way? You can tell the Police. The person has committed a criminal offence. (ss126, 133(1)(c), 134(2)(c), 135, 139, 140, 140A, 141 Crimes Act 1961) AT ANY AGE Do I have to put up with obscene, insulting or offensive language or behaviour? No, you don’t. You can make a complaint to the Police, and if they are 14 or over the person who did this could be charged with a criminal offence. (s4 Summary Offences Act 1981; s22 Crimes Act 1961; s272(1) Children, Young Persons and Their Families Act 1989) AT ANY AGE If I’m hurt because of someone else’s criminal act, what happens? If someone commits a crime the Police can charge him or her with that offence. If you suffer physical or emotional harm you should be treated with courtesy, compassion and respect for your personal dignity and have access to counselling, medical, legal and other help. You should also be told about the programmes, remedies, and services available to you through various agencies and the progress of the investigation and any proceedings that are undertaken. AT ANY AGE Can I stop someone making obscene or offensive phone calls or sending offensive letters to me? Yes. It’s against the law to send indecent 5 Youthlaw-Book-Guts-UX-150205-OL-2.indd 5 2/15/2005 7:43:02 PM Youthlaw-Book-Guts-UX-150205-OL-2.indd 6 SECTION 1 CARE AND PROTECTION If the Court finds the person guilty, the Police may apply to the Court for ‘reparation’ from the offender to compensate you for emotional harm you have suffered. (ss7, 8 Victims’ Rights Act 2002; ss7(1)(d), 12 Sentencing Act 2002, Part 2, Subpart 1, Sentencing Act 2002) AT ANY AGE If I have been physically or sexually abused can I claim compensation? Yes, you are entitled to compensation for any permanent physical injury or emotional damage including sleeplessness, phobias, nightmares, depression or sexual problems. Since 1 April 2002 compensation takes the form of a lump sum payment if permanent disability is assessed at more than 10%. There are some rules about when the abuse occurred which affect your eligibility for compensation but if you cannot get lump sum compensation you may be able to get an independence allowance. You will probably be entitled to free counselling paid for by the Accident Compensation Corporation (“ACC”). ACC is a government agency that provides accident insurance to everyone in New Zealand. You should ask your doctor or an ACC registered counsellor about this and she or he will be able to help organise it. The ACC sensitive claims phone number is 0800-735-566. They can give you a list of ACC registered counsellors in your area and tell you more about making an ACC claim. There are other ways you could get compensation. You could sue the abuser for “exemplary damages”. If the abuser is a parent, grandparent or stepparent you might have a claim against his/her estate. If the abuser is prosecuted by the Police the Court could order compensation or reparation to be paid to you. (ss21(2), 26 Injury Prevention, Rehabilitation, and Compensation Act 2001; s3(1)(b), (c), (d) Family Protection Act 1955; ss7(1)(d), 12 Sentencing Act 2002, Part 2, Subpart 1, Sentencing Act 2002) 6 UNDER 12 2/15/2005 7:43:03 PM Can my parents ask Child, Youth and Family Services to look after me? Yes, but once you reach 12 your parents or guardians can only make a temporary agreement for Child, Youth and Family Services to look after you unless you give written consent. The ability to participate in decisions affecting you is also guaranteed by the United Nations Convention on the Rights of the Child. (ss139-145 Children, Young Persons and their Families Act 1989; Article 12 United Nations Convention on the Rights of the Child) one-way glass can be set up so you do not see the abuser; • The Judge may refuse to allow questions which are intimidating or overbearing. (ss23C to 23G Evidence Act 1908) SECTION 1 CARE AND PROTECTION UNDER 17 If I have to give evidence before a jury in a criminal case does my evidence carry less weight because I am young? No. The Judge cannot tell the jury that children under 17 are more likely than adults to make up stories or give untrue evidence. (s23H Evidence Act 1908) AGE 14 When do I stop being a child and become a young person? At midnight on the night before your 14th birthday. (s2 Children, Young Persons and their Families Act 1989) UNDER 17 If I am being abused by a family member what can I do? If you are under 17 you can phone Child, Youth and Family Services (phone 0508326-459) and ask to speak to a duty social worker. You could also call the Police. If you report the abuse to the police or a social worker the person you reported it to must take some action. At any age you can talk with a teacher, school guidance counsellor, or someone from Youthline (phone 0800-376-633), Kidsline (phone 0800-kidsline; 0800-5437-5463), Whatsup (phone 0800-Whatsup; 0800-9428787), Rape Crisis, YouthLaw (phone 09309-6967 - to freecall dial 010 and follow instructions) or another community group. You do not have to give your name if you do not want to. You could also talk to a lawyer about getting a ‘protection order’ from the Family Court. A ‘protection order’ is a court order preventing the person who has been hurting you from doing it again. (ss15, 17 Children, Young Persons and their Families UNDER 16 What if someone is cruel to me? It is a criminal offence for anyone who has your custody to wilfully ill-treat you or let you be ill-treated if you are under 16. However, parents/caregivers can use reasonable force to correct your bad behaviour. (ss195, 59 Crimes Act 1961) UNDER 17 What if I have to give evidence in a court? If you are under 17 and have been the victim of sexual abuse there are special rules about giving evidence. If the Judge agrees: • You may give your evidence on videotape rather than having to give it in person; • Your evidence may be given in a separate room and transmitted to the court by closed circuit television; • You may appear in court but a screen or 7 Youthlaw-Book-Guts-UX-150205-OL-2.indd 7 2/15/2005 7:43:03 PM Act 1989; Domestic Violence Act 1995) UNDER 17 What happens if I’m being abused by my parents/caregivers? If you are under 17 and the court believes you need care or protection, because you have been abused, neglected, or are uncontrollable, then you can be placed in the custody of or under the guardianship of the Chief Executive. The Chief Executive is the boss of Child, Youth and Family Services and has social workers working for him or her all over New Zealand. If the court decides that you should be in the custody of the Chief Executive or that the Chief Executive should be your guardian rather than your own parents you may be placed in the day to day care of relatives, foster parents, in a Child, Youth and Family Residence, in a family home or with an iwi or cultural social service. You remain in the Chief Executive’s care until the custody order lapses or, expires or where a guardianship order is in force, until you turn 20 unless you marry or the guardianship order is cancelled earlier. (ss14, 67, 78, 101, 102, 108, 110, 117 Children Young Persons and their Families Act 1989) it before you decide about it. The United Nations Convention on the Rights of the Child also says that children should have a say when decisions are being made about them. (Article 12 United Nations Convention on the Rights of the Child; ss5, 6, 7, 13 Children Young Persons and their Families Act 1989) Youthlaw-Book-Guts-UX-150205-OL-2.indd 8 SECTION 1 CARE AND PROTECTION UNDER 17 If I’m in a Child, Youth and Family Residential Centre or family home or with foster parents/caregivers can they abuse or hit me if I misbehave? No. If this happens you should complain. There must be a complaints or “grievance” procedure in place if you are in a residential centre run by Child, Youth and Family Services. You can use this procedure and/ or you can write to the Commissioner for Children (P.O. Box 5610, Wellington, website www.occ.org.nz, phone 0800-224-453; 0800 A CHILD) who has responsibility for making sure children are treated properly in residences. If you have been subjected to racial abuse or sexual harassment you can complain to the Human Rights Commission (0800-496-877). If you have been hit you can also complain to the Police. If you need further help or advice contact YouthLaw (website www.youthlaw.co.nz phone 09-309-6967 - to freecall dial 010 and follow instructions) (Regulations 15-24 Children, Young Persons and their Families (Residential Care) Regulations 1996; Human Rights Act 1993; s59 Crimes Act 1961) UNDER 17 When can I be put in a Child, Youth and Family Residential Centre? In theory, any child under 17 can be placed in the care and protection units in these residential centres (e.g. Puketai, Epuni). However social workers must first try and find another suitable placement for you in your area, preferably with your family or whanau or, if that is not appropriate, in a family home with people who have the same cultural background as you do. If there is no other suitable placement for you then you can be placed in a residential centre. A family group conference will usually be held to discuss your placement and you should say what you think about the proposed placement. Ask to go and have a look at 8 AT ANY AGE Are there any other laws that protect me from being abused? You have the right not to be subjected to torture or cruel, degrading or disproportionately severe treatment or punishment. The United Nations Convention 2/15/2005 7:43:03 PM on the Rights of the Child recognises that children need protection from abuse by caregivers and other forms of abuse like economic exploitation, sexual abuse, abduction and so on. It also requires governments to make sure that children are not subjected to torture or other cruel, inhuman or degrading treatment or punishment. There are also a number of offences under the Crimes Act that your abuser could be convicted under. (s9 New Zealand Bill of Rights Act 1990; ss127-144 & 188-202C Crimes Act 1961; Articles 19, 32, 33, 34, 35, 36 and 37(a) United Nations Convention on the Rights of the Child) SECTION 2 GUARDIANSHIP, ACCESS AND CUSTODY IMPORTANT This chapter is about adults caring for children. Many of the laws about this are in the Guardianship Act 1968. From 1 July 2005, that Act will be “repealed” (i.e. cancelled). Therefore the references to the Guardianship Act below will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website and download a PDF file which you can paste into the book. To do this go to our website at www.youthlaw.co.nz and click on “resources”. If you have trouble, please contact us (contact details are at the front of this book). UNDER 16 Who should provide for my needs? Until you are 16 your parent or ‘guardian’, must provide for your needs. If they do not ensure that you have adequate food, clothing, housing and education they may be committing a criminal offence. (s10A Summary Offences Act 1989; s152 Crimes Act 1961) UNDER 16 Do I have to live with my parents? If you want to live with someone other than your parents while you are under 16 you can do so if your parents agree to it. They are still financially responsible for you though. If your parents will not agree to you living away from them and the reason you want to leave is because you are suffering physical, emotional or sexual abuse at home then you should contact your local Child, Youth and Family Services who must take action. If 9 Youthlaw-Book-Guts-UX-150205-OL-2.indd 9 2/15/2005 7:43:03 PM your parents are neglecting you or you have serious problems in your relationship with your parents, and these things are seriously affecting your health, you should also ask Child Youth and Family Services to take action. If your parents have separated and there are court orders governing your custody (where you should live and who with) your parents can apply to the Family Court to have the orders changed or ‘varied’ if you decide you want to change where you are living. If your parents won’t apply to the court for this then you can apply (if the Court agrees) for an order changing the arrangements. The Court will consider what is in your best interests. (ss14,15 Children Young Persons and their Families Act 1989; ss11(1)(b), 23(1) Guardianship Act 1968) guardians are making about my life? Once you are 16 you can apply to the Family Court and the Judge can change your parents’ decision if the judge does not think it is the right decision. You can only apply to the court if you are challenging your parents’ decision about something important. If you have been involved with Child Youth and Family Services, and the Family Court appointed a guardian for your care and protection, you can apply to the court from the age of 14 years. Again, the decision you are challenging must be an important one. (s14 Guardianship Act 1968; s116 Children, Young Persons and their Families Act 1989) 10 Youthlaw-Book-Guts-UX-150205-OL-2.indd 10 SECTION 2 GUARDIANSHIP, ACCESS AND CUSTODY AGE 16 If one of my parents has custody of me under a custody order, when does the custody order cease? At 16, except in special circumstances. At this time, a Family Court custody order finishes. The court will not normally make a custody order if you are over 16. (s24(1) & (2) Guardianship Act 1968) UNDER 17 Can I be left to look after myself? Under 6 years old it is a serious criminal offence for anyone to unlawfully abandon you. Also, parents or guardians must provide their children under 16 with the “necessaries” of life. These are usually considered to include food, shelter and medical care. If they fail to do this and the child dies or their health is permanently injured, the parents or guardians could be found guilty of a criminal offence punishable by up to seven years in prison. If you are under 14 years your parent or carer cannot leave you without making AGE 16 What happens if I don’t agree with a decision my parents or 2/15/2005 7:43:04 PM reasonable provisions for your supervision and care, which would normally mean making sure you have a babysitter. If your parent or carer wilfully neglects you when you are under 17 years then they could be found guilty of an offence punishable by up to 6 months in prison. Sometimes leaving a child or young person under 17 to look after themselves can amount to “neglect” or “abuse”, depending on the age and maturity of the child and the length of time they are left to look after themselves. In such cases the Child, Youth and Family Services can become involved and if the child’s situation does not improve they may seek a declaration that the child is “in need of care and protection”. The court may also make orders giving custody of the child to someone else. (ss152, 154 Crimes Act 1961; s10A, 10B Summary Offences Act 1981; ss14, 67 & 101 Children Young Persons and their Families Act 1989) Mum won’t agree to this then he will have to make an application for “access” to the Family Court. “Access” is the legal word for permission to see you. So long as it is in your best interests for you to see your Dad then the judge will probably grant access. The parent you want to see and spend time with can make the application to the Family Court. The Family Court will appoint a lawyer to help you tell the Court what you want. (ss15, 23(1) & 30 Guardianship Act 1968) SECTION 2 GUARDIANSHIP, ACCESS AND CUSTODY UNDER 20 When can I be placed under the guardianship of the court? Until you turn 20 you can be placed under the guardianship of the court, and a Judge will then make decisions about your upbringing and education and other important issues. But once you are 18 the Judge cannot make decisions about where you live except in exceptional circumstances. The court will appoint a lawyer to speak for you. (ss10A-E & 30 Guardianship Act 1968) AT ANY AGE If my parents split up can I still see my brothers and sisters, aunts, uncles or grandparents? If one of your parents is making it difficult for you to see these relations, the Family Court can make an access order so that you can see them. Or you can apply to be under the guardianship of the court. This means that the court becomes your “guardian” and it is the court that makes decisions about you (like where you should live, which school you should go to etc) and not your parents. The court could then decide that you can see your relations. (ss10B-E, s16 Guardianship Act 1968, s121(2) Children, Young Persons and their Families Act 1989) AGE 20 When can I make my own decisions about what I do and where I go? In legal terms when you reach the age of 20 your parents’ guardianship rights cease altogether. Under this age your parents can make decisions for you but you should be encouraged to get involved in making decisions about your life and your views should carry more weight as you get older. (ss2 & 3 Guardianship Act 1968; the United Kingdom case of Gillick v West Norfolk and Wisbech Area Health Authority (1985) 1 AC 112; Article 12 United Nations Convention on the Rights of the Child) 11 AT ANY AGE What if I am living with my Mum but I would like to see my Dad? You have a right to see your Dad and if your Youthlaw-Book-Guts-UX-150205-OL-2.indd 11 2/15/2005 7:43:04 PM What does adoption mean? Sometimes a parent agrees to his or her child being brought up by another couple, or by relatives. By an adoption order the adopting couple become the child’s legal parents and the legal relationship between the child and their natural parents is ended, unless the child was adopted outside New Zealand. In that case, the legal relationship between the child and their natural parents continues if the laws in the child’s birth country say it should. However, the New Zealand couple can ask the Family Court to order that the legal relationship should end. Adoption does not change the child’s race. Any decision the court makes should be in the best interests of the child. (s16 Adoption Act 1955; s12 Adoption (intercountry) Act 1997; Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption; Articles 3 & 21 United Nations Convention on the Rights of the Child) consideration to your wishes, taking into account your age and understanding. A Social Worker should speak to you and find out how you feel about the proposed adoption. The court must ensure that its decision is in your best interests. (ss10, 11(b) Adoption Act 1955; Articles 3, 12, 21 United Nations Convention on the Rights of the Child) 12 Youthlaw-Book-Guts-UX-150205-OL-2.indd 12 SECTION 3 ADOPTION AGE 10 DAYS What is the earliest time that a baby could be given for adoption? An application for adoption cannot be made until a child is 10 days old. (s7(4) Adoption Act 1955) UNDER 14 Am I a New Zealand citizen if I have been adopted by a New Zealander? Yes. If you are under the age 14 at the time of the adoption you automatically become a New Zealand citizen. Above this age you will have to apply for citizenship, unless you were adopted under the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (which applies to intercountry adoptions). AT ANY AGE What say do I have if I am to be adopted? In deciding whether to make an adoption order the Family Court Judge must give 2/15/2005 7:43:04 PM (ss3(2), 8, 9(1)(a) Citizenship Act 1977; Schedule to Adoption (intercountry) Act 1997) AGE 20 Can I trace my natural parents? Yes, at age 20 you can apply to the Registrar-General of Births and Deaths (phone 0800-22-52-52, www.bdm.govt.nz) for your original Birth Certificate showing the name and address of your birth mother and maybe your birth father too. However, a birth parent may place a veto to stop information on the Registrar’s files being given to you. These vetos can be removed at any time and if you were adopted after 1 March 1986 there can be no veto on your birth certificate. (ss3, 4, 5 & 6 Adult Adoption Information Act 1985) SECTION 3 UNDER 15 Can I be placed with a family with a view to being adopted? If you are under 15 you can only be placed in a home with the possibility of adoption if the arrangement has been approved by Child Youth and Family Services or the court. (s6(1) Adoption Act 1955) ADOPTION AGE 19 I am adopted. Can I refuse to have contact with my birth parents/caregivers? At 19 you can lodge a request with the Registrar-General of Births and Deaths (phone 0800-22-52-52, www.bdm.govt.nz) stating that you do not want contact. The Registrar will place a veto on information about you being given out and this lasts for ten years and can be renewed. Your birth parents can still try to trace you separately and may seek contact. (s7 Adult Adoption Information Act 1985) AGE 20 When am I too old to be adopted? After you turn 20 you cannot be adopted unless an interim order was made before you turned 20. (s2 Adoption Act 1955) AGE 20 Can I adopt a relative of mine? Yes, at the age of 20 you are able to adopt a child who is a relative of yours. You cannot normally adopt a non-relative until you are 25. You must also be at least 20 years older than the child. If you are making a joint application then only one of you has to fulfil these conditions or be a natural parent of the child. (s4(1) & 7 Adoption Act 1955) 13 Youthlaw-Book-Guts-UX-150205-OL-2.indd 13 2/15/2005 7:43:05 PM 187A Crimes Act 1961) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). 14 Youthlaw-Book-Guts-UX-150205-OL-2.indd 14 SECTION 4 SEX, MARRIAGE AND RELATIONSHIPS AT ANY AGE At what age can I get engaged? Engagement (an agreement to marry) is a social custom and is not a binding legal agreement. You can get engaged at any age but either party is free to break the agreement at any time before the wedding ceremony. AT ANY AGE When can I buy contraceptives? You can buy or obtain contraceptives at any age and a parent, teacher, doctor, or Family Planning Clinic can give you advice about contraceptives. Family Planning can be contacted on phone 0800-372-5463 (0800FPA LINE, website www.fpanz.org.nz). (Contraception, Sterilisation and Abortion Act 1977 as amended by the Contraception, Sterilisation and Abortion Amendment Act 1990) AT ANY AGE Can I have an abortion? You may consent to or refuse a legal abortion at any age. Nobody can force you into having an abortion. (s25A Guardianship Act 1968; s32 Contraception, Sterilisation and Abortion Act 1977; ss183, 186, AGE 16 Can I have a homosexual relationship? At 16 a young man can have a homosexual relationship with a consenting male who is over 16. There are no special laws relating to women in lesbian relationships but indecency laws apply to sexual touching of under 16s even with consent. (ss133, 134, 140, 140A, 142 Crimes Act 1961) AGE 16 At what age can I move in with my boyfriend or girlfriend? Once you are both 16 years old you can live together without breaking the criminal law. But the Child, 2/15/2005 7:43:05 PM Youth and Family Services may become involved if either partner was under 17 and it was believed that his or her emotional or physical well-being was at risk. The parents/ caregivers could also try to get their son or daughter placed under the guardianship of the Court if he or she is unmarried and under 20. (s14 Children, Young Persons and their Families Act 1989; ss10A-E Guardianship Act 1968) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). SECTION 5 AT ANY AGE When can I be put in day care? At any age. (Education (Early Childhood Centres) Regulations 1998) EDUCTATION AT ANY AGE What controls are there over the early childhood centre I attend? If you are in an Early Childhood Centre the centre must be licensed. To get a licence the Centre must comply with minimum standards relating to health & safety, curriculum, management and staffing. (ss316, 317 Education Act 1989; Education (Early Childhood Centres) Regulations 1998) AGE 16 When can I get married? At 16 you can get married with the consent of your parents (or if your parents are separated, with the consent of the parent you live with). If they won’t give you permission, you can apply to the Family Court for consent or wait until you are 20. (ss17-19 Marriage Act 1955) AT ANY AGE Can a teacher, kindergarten teacher or early childhood centre worker hit, cane or strap me if I misbehave? No. Corporal punishment (i.e. any deliberate physical force used against you by a teacher) is banned. School discipline must be administered with respect for your personal dignity. (s59(3) Crimes Act 1961; s139A Education Act 1989; regulations 33 & 34 Education (Early Childhood Centres) Regulations 1998; regulations 20 & 21 Children Young Persons and their Families (Residential Care) Regulations 1996; Article 28(2) United Nations Convention on the Rights of the Child) AGE 20 When can I marry against my parents’ wishes? Once you are 20 (or if you have been married before) you are allowed to marry without your parents’ consent. (s18 Marriage Act 1955) AGE 5 When can I start school? If your parents enrol you, you can start school on the day of your 5th birthday, but you don’t have to be at school until you are 6. (ss 3, 20(1) Education Act 1989) 15 AGE 6 When do I have to go to school? Youthlaw-Book-Guts-UX-150205-OL-2.indd 15 2/15/2005 7:43:06 PM Once you turn 6 you have reached school age and must be enrolled at school until you are 16. If you don’t go to school between the ages of 6 and 16 your parents may be taken to court. (ss20, 24, 29, 31 Education Act 1989; s14(1) Children, Young Persons and their Families Act 1989) 16 Youthlaw-Book-Guts-UX-150205-OL-2.indd 16 SECTION 5 EDUCATION AGE 6 Can I be taught at home? Yes, but once you turn six your parent will need to ask the Ministry of Education to grant a long-term exemption from enrolment for you. The Ministry must be satisfied that you will be taught as regularly and as well as in an ordinary school. Your parent(s) can receive an allowance from the Ministry of Education to help them with the cost of educating you. This is known as “home schooling”. (s21 Education Act 1989) AGE 10 What if the school is too far away? Your parents can apply for an exemption from schooling if you are under 10 years old if you have to walk 3km or more to get there. Once you are over 10 the school must be over 5km walking distance. (26(1)(b) Education Act 1989) UNDER 16 Can I have a job during school hours? If you are under 16 and enrolled at school you cannot be employed in school hours. If you are at correspondence school or have been allowed by the Government not to go to a regular school, you must not be employed if the work interferes with your learning. If you go to a regular school you must not be employed if your job prevents or interferes with your attendance at school. Your parents or employer could be fined up to $1000 if you work when you are not allowed to. (s30 Education Act 1989) AGE 15 When can I get permission to leave school? At 15 you can leave school as long as your parents get special permission from the Ministry of Education. (s22 Education Act 1989) AGE 16 When can I leave school? 2/15/2005 7:43:06 PM The day you turn 16 you are allowed to leave school if you want to. (s20 Education Act 1989) SECTION 6 AGE 16 Can I be expelled? At 16 you can be expelled from school. Under this age you can be “excluded” which also puts you out of your school. Only the school Board of Trustees can expel or exclude you and only for “gross misconduct” (i.e. serious misbehaviour) or “continual disobedience” that is a harmful or dangerous example to other students, or if your behaviour is likely to cause serious harm to you or others. If you are under 16 you must enrol in another school, or do correspondence lessons. The Principal of the school that has suspended you must contact other schools to try and find you a new school. If the principal is unsuccessful the Ministry of Education must help you to find a new school. (ss13-18 Education Act 1989) UNDER 15 Are there any limits on what kind of work I can do? You cannot work in a factory while there is manufacturing going on unless you are working in the office or sales area. You cannot even be present in an area where there is construction work going on or if there is a logging operation being carried out, unless you are under the direct supervision of an adult in the area or if the area is one to which the public has access. Once you are 15 you can work anywhere in a factory. (rr 54, 59 Health and Safety in Employment Regulations 1995) EMPLOYMENT AGE 15 Can I drive a tractor as part of my job? Yes, you can. However, generally until you are 15 you should not drive a tractor at work or even ride in one while it is pulling anything (e.g. a trailer) unless it is a trailer for the carriage of goods or passengers. There is an exception if you are over 12 and the tractor is being used for agricultural work and you have been properly trained to drive the tractor safely. (rr 57, 60, 61 Health and Safety in Employment Regulations 1995) AGE 19 How long can I get free secondary education for? Your right to free education ceases on 1 January after your 19th birthday. But some schools take older students and students receiving special education are allowed to remain enrolled until they turn 21. (ss3, 9 Education Act 1989; Article 28 United Nations Convention on the Rights of the Child) UNDER 16 Can I work at night? If you are under 16 you are not allowed to work between 10 pm and 6 am unless there is an approved code of practice relating to employment of young people in that area of work. (r 58 Health and Safety in Employment Regulations 1995) 17 Youthlaw-Book-Guts-UX-150205-OL-2.indd 17 2/15/2005 7:43:07 PM 18 Youthlaw-Book-Guts-UX-150205-OL-2.indd 18 SECTION 6 EMPLOYMENT UNDER 16 How much should I be paid? It is up to you, at any age, to agree how much you will be paid by your employer – this is part of negotiating your contract of employment. You should speak to other people working in similar jobs or get advice from a union about what you should agree to. There is no legal minimum rate of pay for under 16’s – you can be paid anything at all, but once you are 16 you have to be paid at least the minimum youth rate of $7.20 per hour. When you turn 18 you must be paid the minimum adult rate of $9.00 per hour. (Minimum Wage Order 2004) 15, you must have an exemption from school from the Ministry of Education to leave the school system for good. (ss20, 22 Education Act 1989) AGE 16 Can I become an apprentice? You can become a “modern apprentice” or you could arrange an industry training agreement with your employer. If you become a “modern apprentice” you will work in an industry while undertaking training in the skills of that industry. You will get an agreement with your employer about your training and the idea is that your training will lead to a formal qualification. Employers can also organise industry training that does not lead to a particular qualification. You will have a training contract and a training agreement. AGE 16 When can I start full-time work? You can start as soon as you leave school. The school leaving age is 16. If you are aged 2/15/2005 7:43:07 PM These arrangements are considered by the law to be part of your employment agreement but the Court can step in if the agreement is harsh or unfair. (ss 5 &6 Modern Apprenticeship Training Act 2000; ss2, 3 Industry Training Act 1992) restricted area of any licensed premises, including a pub. (s161(2) Sale of Liquor Act 1989) SECTION 6 AGE 18 When can I join the armed forces? At age 18 you can enlist with the armed forces without your parents’ consent. If you are under 18 when you join you need your parents’ or guardians’ consent. If they don’t give their consent then you can apply to the court for its consent (so long as you are 16). You cannot be sent on an overseas posting with the Army or Air Force until you are 18. (ss36, 37 Defence Act 1990; s14 Guardianship Act 1968) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). EMPLOYMENT AGE 17 Can I work in a pub, club, bar or other licensed premises? You can work in some parts of the premises. Areas in pubs or bars are defined by law as “restricted “ or “supervised”. If you are under 18, you can sell or serve liquor in a supervised area but you have to be 18 to do so in a restricted area. It is your boss’s responsibility to make sure she/he has followed the law. However you may work in a restricted or supervised area at 17 if your job involves preparing or serving meals, cleaning, restocking, checking cash or stock taking. (ss161(3)(a), 163(3)(a), 163(3)(b), 163(3)(d) Sale of Liquor Act 1989) AGE 18 When can I work in a massage parlour? At the age of 18 you can be employed in a massage parlour or work as a prostitute. However, you cannot be made to do so against your will. If you work as a prostitute under the age of 18 years, the person who arranged this and/or the person who pays you for sex has committed a serious criminal offence. However, you cannot be charged with a criminal offence in this situation. (ss 7, 20-23, 49 Prostitution Reform Act 2003) Minimum ages for enlistment: Army: you can join up on most apprenticeship schemes once you are 17½. For the Officer Cadet School you need to be 18. Air Force: you generally need to be 17 to join although if you want to join as an air electronics operator you will need to be 17½. Navy: you must be 17 if you want to join as a Junior Officer; 16 to join as a “rating” (this includes being a technician, communicator, seaman etc). AGE 18 What’s the minimum rate of pay for me? Once you become 18 you are legally entitled to the adult minimum rate of $9.00 per hour. Remember though that these are minimum rates – there is no maximum to what you can be paid. (Minimum Wage Order 2004) 19 AGE 18 Can I work as an entertainer in a pub? Yes, once you are 18 you can perform in the Youthlaw-Book-Guts-UX-150205-OL-2.indd 19 2/15/2005 7:43:07 PM AGE 20 Can I be a registered dietician? When you are 20 you can be registered as a dietician. (s11 Dieticians Act 1950) AT ANY AGE When can I have an employment contract for my job? You may have a written employment contract (now called an “employment agreement”) at any age. Your employer must make a written agreement and give you a copy if you ask. If you have a collective employment agreement it must contain a coverage clause (about who’s included in it), a clause relating to sale or transfer of the business, a plain language dispute resolution procedure, a clause relating to how the contract can be varied (changed) and an end date for the agreement. Before the end of the agreement, your representative (such as a union delegate) and your employer will negotiate the new collective employment agreement. If you have an individual employment agreement it must contain your name and your employer’s name, a description of the work you are going to do, an indication of where you are going to work and an indication of what hours you are going to 20 Youthlaw-Book-Guts-UX-150205-OL-2.indd 20 SECTION 6 EMPLOYMENT AGE 21 When can I join the Police Force? There is no specified minimum age to join the Police Force. However, applicants are usually between 21 and 40. A Police Cadet may be younger. AT ANY AGE Can I be required to work in an unsafe workplace or in unsafe conditions? No. Your employer has to eliminate any major hazard to workers wherever this is practicable. If there is a risk that you may be harmed by your work or the place where you work, your employer must see that you are properly supervised or trained in the safe use of the equipment and any material you are handling and that you know how to use the protective clothing and equipment. You must also be told about any special hazards. If you are unhappy you can complain to a health and safety inspector (phone 0800-20-90-20, www.workinfo.govt.nz). (ss7 – 10, 12, 13 Health and Safety in Employment Act 1992) AT ANY AGE Can I join a “Union” (i.e. an organisation for employees) ? You may join at any age if the rules of the union allow it. Under the Employment Relations Act 2000 membership of any employees’ organisation is voluntary. Unions are listed in the Yellow Pages. (ss7-11 Employment Relations Act 2000) 2/15/2005 7:43:08 PM work. However, a contract is just another word for an “agreement” so even if nothing is written down you would have an oral contract if both you and your employer have agreed on basic terms. Also there are some terms which are included in every employment contract even if they were not discussed between the employer and employee or written in the contract (e.g. paid holidays). If you are given a written employment contract for a job make sure you read it very carefully. Check that it says what you and your employer have already agreed on (hours of work, pay etc) and read all the “extra” clauses very carefully. Don’t be rushed into signing anything and get advice from your union, community law centre, lawyer or Employment Relations Infoline (0800-800863) if there is anything you are not sure about. (s11 Holidays Act 1981; s54(1)(a), 65(1)(a) Employment Relations Act 2000) treated unfairly or illegally. You could get compensation, have your employment agreement changed if a Court decides was harsh or unfair, or you could be reinstated in your job if you were wrongfully dismissed. You need to raise the personal grievance with your employer within 90 days of the date when you found out about the unfair or illegal action. It is best to do this in a letter and keep a copy for your records. (ss102, 103, 111, 113-115 Employment Relations Act 2000) SECTION 6 EMPLOYMENT AT ANY AGE Can I be suspended if I am involved in a strike? Yes. You may have your employment suspended if you are a party to a strike. Even if you are not on strike you may be suspended if work is not available due to a strike. (ss87, 88 & 89 Employment Relations Act 2000 ) AT ANY AGE Can I get help in negotiating my contract of employment? Yes. Employees may choose to have someone negotiate for them. (ss18 & 236 Employment Relations Act 2000) AT ANY AGE If I am dismissed does my employer have to give me reasons for my dismissal? Yes. An employee who has been dismissed may request written reasons for his or her dismissal. (s120 Employment Relations Act 2000) AT ANY AGE Can I bring a personal grievance claim? Yes. An employee of any age may bring a personal grievance action against an employer claiming that he or she has been 21 Youthlaw-Book-Guts-UX-150205-OL-2.indd 21 2/15/2005 7:43:08 PM 22 Youthlaw-Book-Guts-UX-150205-OL-2.indd 22 SECTION 7 AGE 16 When can I leave home? At 16 you can leave home without your parents’ permission. You should arrange to have somewhere to live and to be able to manage financially. Your parents cannot stop you leaving home once you are 16 or make you return. However, if you are under 17 and are living in a situation where you are likely to be at risk of physical or emotional harm someone (including your parents of course) could contact the Child, Youth and Family Services. If Child, Youth and Family Services thought you were living in a harmful environment they would make arrangements for your care until the age of 17. This may include making you stay with your parents. If your parents are concerned about you they can apply to the court to have you placed under the guardianship of the court. This means that the court can make all of your major decisions for you until you are twenty. Once you are 18 though you have the right to decide where you want to live. (ss2, 10A-E, 24 Guardianship Act 1968; ss14 Children, Young Persons and their Families Act 1989) N.B. The Guardianship Act will no longer apply after 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). LEAVING HOME AGE 18 When can I lease a flat? You can sign a lease or tenancy agreement at any age, but if you are under 18, the landlord cannot make you carry out the agreement if it is unfair or unreasonable (unless you are or have been married). Most landlords will not let their properties to under 18’s, unless someone over that age signs the tenancy agreement as a “guarantor”. The guarantor then has to pay the rent, the cost of any damage to the property and other obligations under the tenancy if the young person does not do these things. (s6 Minors’ Contracts Act 1969; s14 Residential Tenancies Act 1986) AT ANY AGE Can a landlord refuse a flat to my family because there are children? No, it is against the law for a landlord 2/15/2005 7:43:08 PM to refuse to rent a flat to your parents/ caregivers or guardians, just because you, a child, will be living there. (s12(1) Residential Tenancies Act 1986, s21(1)(l) Human Rights Act 1993) SECTION 8 CIVIL AND POLITICAL RIGHTS AT ANY AGE When can a landlord enter my flat? In general, your landlord can never enter your flat without your permission, whatever your age. There are exceptions: your landlord can enter in cases of emergency; when she or he has given you notice at least 2 days in advance; or if she or he has given you 24 hours notice and there are necessary repairs to be made to your flat. (s48 Residential Tenancies Act 1986) AT ANY AGE Can I be discriminated against? You cannot be discriminated against on the grounds of your colour, race, ethnic or national origins, sex (which includes pregnancy), disability (which includes mental illness), religious or ethical belief, age (commencing with the age of 16 years), political opinion, employment status, family status, marital status or sexual orientation (which includes being gay, lesbian, bisexual, transgender, fa’afafine and takataapui). You also can’t be discriminated against because you are a relative of someone who is a certain colour, has certain religious or political views and so forth. You can complain about discrimination on any of these grounds at any age, to the Human Rights Commission (phone 0800 496 877, website www.hrc.co.nz) (s19 New Zealand Bill of Rights Act 1990; s21 Human Rights Act 1993; Article 2 United Nations Convention on the Rights of the Child) AT ANY AGE You have the right to freedom of expression and of thought, conscience and religion and to freedom of association, movement and peaceful assembly at any age. (ss13, 14, 15, 16, 17, 18 New Zealand Bill of Rights Act 1990; Articles 12-17 United Nations Convention on the Rights of the Child) AT ANY AGE When can I refuse to be searched by a schoolteacher? Everyone has the right to be secure from unreasonable search or seizure of his or 23 Youthlaw-Book-Guts-UX-150205-OL-2.indd 23 2/15/2005 7:43:09 PM her property at any age. Also, school discipline must be administered with respect for students’ dignity. The law does not specifically allow teachers to search students. In the writers’ view, this means that a teacher (as distinct from a police officer on school grounds) cannot search you without your consent. However, the law is not clear on this point and some lawyers say that schoolteachers are allowed to search students, within certain limits. The law will remain unclear unless a judge decides what it means. This would happen if there were a court case about searching school students. (s21 New Zealand Bill of Rights Act 1990; common law (i.e. judge-made law) trespass to the person; Article 28(2) United Nations Convention on the Rights of the Child; ss 72, 75, 76 Education Act 1989) is over the age of 16. So if you are under 16 you cannot complain to the Human Rights Commission about discrimination on the grounds of your age, but you can complain on any of the other grounds (e.g. sexual orientation, disability etc). (s21(1)(i) Human Rights Act 1993) 24 Youthlaw-Book-Guts-UX-150205-OL-2.indd 24 SECTION 8 CIVIL AND POLITICAL RIGHTS AGE 18 When can I vote? You can vote in parliamentary and local body elections, and therefore have a say in decisions about how the country (or your local council) is run. This is sometimes called “participation in the democratic, or electoral, process”. (s3 & 60 Electoral Act 1993; s12 New Zealand Bill of Rights Act 1990) AT ANY AGE At what age can I be a member or officer of an incorporated society or charitable trust or a shareholder of a company? There is no age restriction. (Incorporated Societies Act 1908, Charitable Trusts Act 1957, Companies Act 1993) AGE 18 Can I be an election candidate? Yes, you can stand as a candidate in general or local elections when you turn 18. (s47(1) Electoral Act 1993; s12 New Zealand Bill of Rights Act 1990) AGE 16 What about discrimination on the grounds of age? It is illegal to discriminate against someone on the grounds of age but only if that person AGE 18 When can I be appointed a Director of a company? You can be appointed at 18. (s151(2)(a) Companies Act 1993) 2/15/2005 7:43:09 PM If your request is refused or you are not given the information you want you can complain to the Ombudsman (phone: Christchurch 03-366-8556, Wellington 04-473-9533, Auckland 09-379-6102, website www. ombudsmen.govt.nz). The Official Information Act 1982 applies to everyone regardless of age. (ss5, 2, 28 Official Information Act 1982; s13 Ombudsmen Act 1975) SECTION 9 PRIVACY AND ACCESS TO INFORMATION AT ANY AGE When can I see what is on my file at school or at the Child, Youth and Family Services? For your school file you can write to the Chairperson of the Board of Trustees asking for information from any file held at school which has information about you. For information about you on file at the Child, Youth and Family Services write to the manager of the office where the file is held. You should head your letter “Request pursuant to the Privacy Act 1993”. You should ask to see a copy of your file or any particular information you require. If your request is refused or you are not given the information you want you can complain to the Privacy Commissioner (phone 0800-8039-09, website www.privacy.org.nz). The Privacy Act 1993 applies to everyone regardless of age. (Part 2, Information Privacy Principles and ss 13, 34, 67, 69 Privacy Act 1993) AT ANY AGE Can I see any information that the Police hold about me? You can write to the Police requesting information about you under the Privacy Act 1993. If you want information relating to a particular incident (e.g. an occasion on which the Police questioned you) then it will help if you can give dates and details of where you were questioned. You should write to the police station that dealt with you and you can complain to the Privacy Commissioner (phone 0800-80-39-09, website www.privacy. org.nz) if the information you want is not provided or is refused. If you would like to see information held about you on the Wanganui Computer about any previous criminal convictions, as well as court hearings, court orders and fines you should write to the Privacy Officer, Department for Courts, PO Box 2750, Wellington and ask for a copy of your information. For information about traffic demerit points, you write to the Land Transport Safety Authority, PO Box 2840, Wellington. If any of the information is wrong, you can write requesting that it be corrected. (Information Privacy Principles Privacy Act 1993) AT ANY AGE Can I get a copy of my school’s discipline policy? Yes. You can write to the Chairperson of the Board. Head your letter “Request pursuant to the Official Information Act 1982” and ask for a copy of the discipline policy. You can request general information (that is, information that is not about yourself) under the Official Information Act 1982 from most government departments and other organisations, such as schools. 25 Youthlaw-Book-Guts-UX-150205-OL-2.indd 25 2/15/2005 7:43:10 PM AT ANY AGE Do I have to tell the police my age? If the police stop you when you are driving you must give them your name, address, date of birth and the details of the owner of the vehicle if they ask you. If you are in a bar and a police officer asks you, you must tell him or her your name, address and date of birth. If the officer has reasonable grounds to believe those details are false she or he can require you to provide evidence like an 18 Plus card, driver’s licence, birth certificate or other document showing your age or date of birth. If you refuse or provide false information you may be committing an offence. (s114(3)(b) Land Transport Act 1998; s176 Sale of Liquor Act 1989) the statement. If the Police want you to give evidence in court you can give evidence at any age. The Police can make you go to court if they know that you have evidence that is useful to them by issuing a notice to attend. The notice says that you have to go to court and give evidence. If you don’t go you may be committing an offence. (s181 Summary Proceedings Act 1957; s351 Crimes Act 1961) 26 Youthlaw-Book-Guts-UX-150205-OL-2.indd 26 SECTION 10 THE POLICE AT ANY AGE When can the Police search me on the street? The street is a public place. The police may search you or your bag in a public place at any age, but only if: you agree; they reasonably believe you have drugs, firearms or explosives on you; or they have arrested you and intend to lock you up. They can also search your bag but not you personally if you are in or entering an alcohol ban area. This means they cannot pat you down or search your clothing but they can look for alcohol in anything you are carrying, such as a container or bag. The law considers searches of a person to be very intrusive and therefore personal searches are only allowed in very limited circumstances. There are some rules that apply to alcohol bans. The rules vary depending on whether the ban is for a special event (e.g. a festival) or applies all year round. If the ban applies all year round, you must be given a chance to leave the ban area to avoid having your bag or container searched by the police – the police must tell you this is an option. If the ban is for a special event, the police may search your bag etc. without giving you this option. With either ban, you are allowed to transport unopened bottles or cans of alcohol to someone’s house. Make it clear whether or not you agree to be searched. If you do agree to be searched but believe that the search is going too far (e.g. the police ask you to remove clothing AT ANY AGE Do I have to give the police my fingerprints? You only have to give the police your fingerprints if you are in custody (i.e. locked up or about to be locked up). Sometimes children and /or their parents are asked to sign a form agreeing to ‘voluntary fingerprinting’. You may say “no” and get legal advice. (s57 Police Act 1958) AT ANY AGE When can I be questioned about a crime I saw committed? The Police can talk to you about a crime you have seen (“witnessed”) or perhaps know something about at any age. However, you do not have to talk to them if you don’t want to. If you do decide to assist the Police and choose to make a statement you can take a parent or someone else to the police station with you as a support person, or you can ask the Police to come to your place to take 2/15/2005 7:43:10 PM in a public place so that they can carry out a thorough search) you can withdraw your agreement at any time. It is then up to the police to decide whether or not they want to arrest you to finish the search but they must have good reason to do this. The Bill of Rights Act protects all citizens from unreasonable searches and this is a further limitation on police powers. (s18 Misuse of Drugs Act 1975; s60 Arms Act 1983; ss147, 169, 170, 239, 242(4), 178 Local Government Act 2002; s21 New Zealand Bill of Rights Act 1990; common law (i.e. judge-made law)) You can be asked to breathe into a “breathscreening device” or “passive breath-testing device”. If this gives a positive reading you have to have “an evidential breath test”. If this test is positive (i.e. you fail the test) you are allowed to give a sample of blood. Refusal to co-operate with the Police when they are attempting to breathalyse you is a criminal offence. (ss68-74 and 113, 114 Land Transport Act 1998) SECTION 10 THE POLICE AT ANY AGE When can the police search my car? The police may search your car at any age, but only if: they have a search warrant (you can ask to see it); you agree; they reasonably believe you have drugs, firearms, explosives or stolen goods in your car or if you are in or entering an alcohol ban area. There are some rules that apply to alcohol bans. The rules vary depending on whether the ban is for a special event (e.g. a festival) or applies all year round. If the ban applies all year round, you must be given a chance to leave the ban area to avoid having your AT ANY AGE When can the Police pull me up while driving a car? At any age you have to stop the vehicle you are driving if you are asked or motioned to do so by a police officer. You also have to stop if a police officer following you is flashing blue, or blue and red, lights or sounding a siren. On being asked you must give your name and address, the name of the owner of the car and the registration number of the vehicle. 27 Youthlaw-Book-Guts-UX-150205-OL-2.indd 27 2/15/2005 7:43:10 PM 28 Youthlaw-Book-Guts-UX-150205-OL-2.indd 28 SECTION 10 THE POLICE car searched by the police – the police must tell you this is an option. If the ban is for a special event, the police may search your car without giving you this option. With either ban, you are allowed to transport unopened bottles or cans of alcohol to someone’s house. The police are not allowed to search you personally under an alcohol ban. This means they cannot pat you down or search your clothing. This is because the law considers searches of a person to be very intrusive and therefore personal searches are only allowed in very limited circumstances. (s18 Misuse of Drugs Act 1975; s60 Arms Act 1983; s225 Crimes Act 1961; ss147, 169, 170, 239, 242(4), 178 Local Government Act 2002 ) are free to leave at any time unless the Police place you under arrest or you are under 17 and have been found in an unsafe environment. You have a “right to silence” which means that you do not have to answer any questions (except to give your name and address and date of birth) the police put to you or make or sign a statement unless you want to. This is true even if you have been arrested and taken to the police station. Remember there is no such thing as an “off the record” conversation with the police and anything you say to the Police can be used against you in court. (s 25 New Zealand Bill of Rights Act 1990; s48 Children Young Persons and their Families Act 1989) AT ANY AGE When can the police ask me to go to the police station to “help them with their inquiries”? The police can ask you to do this at any age but unless you have been arrested or the police want to breathalyse you, or you are under 17 and the police believe you are in an unsafe environment, you do not have to go anywhere with them. If you want to go somewhere with the police you can, but if you change your mind you UNDER 17 Can the Police question me about an offence they suspect I have committed? If the police wish to question you and you are under 17 you are entitled to have a lawyer and a parent or an “independent nominated person” (“INP”) (trusted adults - the Police have lists of these people at the police station, or you could chose your social worker or youth worker for example) present during any interview by the Police. You are entitled to speak to your lawyer and parent 2/15/2005 7:43:12 PM (or nominated person) before you decide whether or not you want to answer police questions. The police are not allowed to take advantage of you because you are young and try and get you to admit to something you did not do, or to make a statement that is not true. The police must tell you your rights before questioning you and if you ask at any time. (ss215-229 Children, Young Persons, and their Families Act 1989; ss23, 24 New Zealand Bill of Rights Act 1990; Police General Instructions ‘Youth Aid’ section Y59, Elder v Evans [1951] NZLR 801) SECTION 11 AGE 10 When can I be charged with a criminal offence? 10 years old is the minimum age of criminal responsibility, but until you are 14 proceedings (i.e. a legal case in the Court) can only be brought against you for murder and manslaughter. However, if your behaviour is causing concern when you are between 10 and 14 years, you can be asked to attend a Family Group Conference with your family/whanau and organised by the Child, Youth and Family Services. If agreement cannot be reached at the Family Group Conference, the Family Court will make decisions about your behaviour and your care. (ss21, 22 Crimes Act 1961; ss14(1) (e), 20, 272(1), 198 Children, Young Persons and their Families Act 1989) CRIMINAL LAW UNDER 17 What if I am found in the street drunk, sniffing glue or causing trouble? If the police find you in a public place and no parent or caregiver is with you they may take you back to your home if they believe you are in an unsafe environment. If you do not want to go home the Child, Youth and Family Services will place you somewhere (e.g. in a Child, Youth and Family Services family home or residence, or with one of your relatives). If the police are concerned about your behaviour or the people you are with, and you are 14 or over, the Youth Aid section of the Police may speak to your parents/caregivers. You can be charged with a criminal offence at the age of 14 or over. (ss 21, 22 Crimes Act 1961; ss 48 & 272 Children, Young Persons and their Families Act 1989) AGE 14 What is a Youth Advocate, and how can I get one? Youth Advocates are specialist lawyers who appear in the Youth Court for young people aged 14, 15 or 16. They are free and one will automatically be appointed to represent you if you have to go to the Youth Court. However they are only appointed if you are appearing in the Youth Court. If the Police just warn you, caution you or take you to a Family Group Conference a Youth Advocate will not be appointed. You or your parents/ caregivers can get a private lawyer if you wish but someone would have to pay the lawyer’s fees. Alternatively you could contact YouthLaw (website www.youthlaw.co.nz phone 09-309-6967 - to freecall dial 010 and follow instructions) or your local Community Law Centre for help (website www.lsa.govt. nz/general/community.htm) 29 Youthlaw-Book-Guts-UX-150205-OL-2.indd 29 2/15/2005 7:43:12 PM (s323 Children, Young Persons and their Families Act 1989) (Part 4 – Youth Justice, Part 5 -Provisions relating to procedure in Youth Court, Children Young Persons and their Families Act 1989) 30 Youthlaw-Book-Guts-UX-150205-OL-2.indd 30 SECTION 11 CRIMINAL LAW AGE 14 At what age can I be told to go to the Youth Court? If you are 14 or over and are accused by the Police of committing a crime you can be brought before the Youth Court. If you are 10 years old or over you can also be brought before the Court in relation to a charge of murder or manslaughter. (s272 Children, Young Persons and their Families Act 1989) AGE 14 When can the Court order me to pay money? You can be ordered by the Court to pay a fine, a payment towards court costs and/or a sum for compensation for emotional harm, loss or damage suffered by anyone as a result of your actions. However, while you are under 16 your parents may be ordered to pay this. (s283(d), (e), (f) & (g) Children, Young Persons and their Families Act 1989; ss12-14, 32 & 39 Sentencing Act 2002) AGE 14 If I commit a crime, how much trouble can I get into? Once you are 14 you can be charged with any criminal offence. Usually a Youth Aid Officer (a Police officer who deals with children and young people) will decide whether you can be dealt with by being given a caution or warning. If this is not enough a Family Group Conference will be held to which you, your family, the victim or victims of your offending, the Police, a social worker and perhaps a lawyer will be invited. If you admit the offence the conference might be able to agree on an acceptable plan to curb your offending. If you deny the offence you might end up getting charged with it and being taken to the Youth Court so that it can be decided whether or not the charge is proved. The sentence you could end up with depends on lots of different things (like whether it’s the first time you’ve been in trouble, how serious your offending is etc.) but could be an order to pay money to the victim, supervision (like probation), community work, or a residential period to a maximum of three months in a Child, Youth and Family Services Residence. The judge could order a combination of these things. If your offence is really serious you can be sent to the adult court for sentencing. AGE 14 Can I be dealt with in the adult court? Yes. If you are 14 or over and you are charged with an offence that is punishable by over 3 months in prison, you could choose trial by jury in the adult court. These are big decisions, which are made with the help of your Youth Advocate (the specialist Youth Court lawyer who is chosen for you when you first go to Youth Court). If you are charged with a “purely indictable” (i.e. very serious) offence your case may be referred from the Youth Court to the adult court (i.e. the District Court or the High Court). From the age of 10 years, if you are charged with murder or manslaughter, you will go to the Youth Court first but then you have to go to the adult court. If you are 15 or over and are dealt with in the Youth Court and a serious offence is admitted by you or proved against you, you can be sent from the Youth Court to the District Court for sentence (i.e. punishment). (ss246, 272, 273, 274, 275, 283(o) Children, Young Persons and their Families Act 1989) 2/15/2005 7:43:13 PM SECTION 11 CRIMINAL LAW AGE 14 Can I be sent to prison? For offences other than murder or manslaughter, you can only be sent to prison as young as 14 if you were at least that age when you committed a “purely indictable” offence (i.e. something very serious such as aggravated robbery, rape, dealing Class A or B drugs). If you committed murder or manslaughter, you could be sent to prison as young as 10. However, if you did get a prison sentence you would normally be kept in a Child, Youth and Family Services Residence until you were 17 and considered old enough to go to prison. If you were to go to prison, you would be mixing with young adults (usually under 20 years old). Children and young people being sent to a prison is not consistent with legal principles in the Children Young Persons and their Families Act nor the United Nations Convention on the Rights of the Child. (s18 Sentencing Act 2002; ss 208(e)(ii) & (f)(ii), 272, 274 Children, Young Persons and their Families Act 1989; Articles 3, 37(c) and 40(1), 40(3), 40 (4)) United Nations Convention on the Rights of the Child) court for adults). This is not consistent with the United Nations Convention on the Rights of the Child, which includes 17 year olds as children. You will be regarded as responsible for your actions in the adult court – although your age will be still taken into account in deciding how you should be punished. (s2 Children, Young Persons and their Families Act 1989; s9(2)(a) Sentencing Act 2002) UNDER 20 How much do I have to drink to be over the limit? If you are under 20 the limit is very low. You commit an offence (and are likely to be heavily fined and disqualified for at least six months) if your blood alcohol exceeds 30 milligrams per 100 millilitres of blood or your breath alcohol exceeds 150 micrograms alcohol per litre of breath. If you are under 20 the only safe way to stay under the limit is not to drink at all when you will be driving. Once you turn 20 the blood alcohol limit increases to 80 milligrams per 100 millilitres of blood or the breath alcohol limit is 400 micrograms of alcohol per litre of breath. (ss56 & 57 Land Transport Act 1998) 31 AGE 17 At what age am I dealt with in the adult court? Once you turn 17, if you commit a criminal offence you are taken to the District Court (a Youthlaw-Book-Guts-UX-150205-OL-2.indd 31 2/15/2005 7:43:13 PM AT ANY AGE If my parents are arguing over access or custody can someone put across my point of view? AT ANY AGE When can I get legal aid? You can get legal aid or have a lawyer appointed for you by the court in most legal proceedings. This applies to the Family Court, Youth Court, District and High Courts, Court of Appeal and Supreme Court. If you are 16 or over you can make the application for yourself but if you are under 16 then the person who is assisting you with the court action (i.e. your “litigation guardian”) must usually make the application; in exceptional circumstances an under 16 year old can apply for and be granted legal aid. (s162 Family Proceedings Act 1980; ss159, 323 Children, Young Persons and their Families Act 1989; s30 Guardianship Act 1968; ss6, 7, 13 Legal Services Act 2000) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). 32 Youthlaw-Book-Guts-UX-150205-OL-2.indd 32 SECTION 12 CIVIL LAW AND LEGAL AID Yes. A lawyer, called “Counsel for the Child” can be appointed by the Court to represent you in any family proceedings (other than adoption or property disputes between parents). You do not have to pay for their services. Sometimes a psychologist will be appointed to interview you and write a report for the Judge about your circumstances. (s162 Family Proceedings Act 1980; s37A Property (Relationships) Act 1976; s30 Guardianship Act 1968) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book. AT ANY AGE Can I bring a claim against someone for money owed? If you are bringing a claim (i.e. suing) for wages owed to you, you can sue in your own name without an adult representative. An adult representative is called a “litigation guardian” (and used to be known as a “guardian ad litem” or “next friend”). If you are under 18 and unmarried you must usually have a litigation guardian bring the claim on your behalf. However, under some Acts (of Parliament) you are allowed to bring a claim yourself. If you are not, you can still ask the judge for special permission (called asking for “the leave of the Court”) to bring the claim yourself; the judge may allow you to if she or he is satisfied that you are capable of making the decisions that will be necessary during the case. (s50 District Courts Act 1947; rules 84 to 98 District Court Rules 1992) AT ANY AGE When can I bring or defend proceedings in the Family Court? At any age you can bring proceedings in your own name asking the court to change the arrangements for your legal custody or care. If you are married you can apply for dissolution of your marriage. (s158 Family Proceedings Act 1980; s11(1)(b) Guardianship Act 1968) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). 2/15/2005 7:43:13 PM AGE 12 If I witness a crime when can I be asked to give evidence in court? At any age you can give evidence. If you are under 12 you don’t have to make an official oath (swear on the bible) you just have to promise to tell the truth. If you were a witness to a crime involving sexual abuse or perhaps violence you may be able to give your evidence by video, on close circuit television or behind screens whilst sitting in the witness box. (s13 Oaths and Declarations Act 1957; s23E Evidence Act 1908) SECTION 12 If you have had an accident and caused loss or damage to anyone or his or her property, you may be facing an action in a civil court (e.g. the Disputes Tribunal or District Court). In such a situation, your parents cannot be made to pay for the damage regardless of your age. (s283(e), (f) & (g) Children, Young Persons and their Families Act 1989; tortious liability under common law (i.e. judge-made law)) CIVIL LAW AND LEGAL AID AGE 16 Do my parents have to pay if I cause damage? If you have broken the law by committing a crime and are being dealt with in the Youth Court and are under 16 your parents may be ordered to pay a sum of money to any person who has suffered as a result of your actions and/or a contribution towards the costs of prosecution. However once you are 16 your parents cannot be ordered by the Youth Court to pay for any damage you cause. AGE 16 If I get legal aid to bring a claim against someone do my parents have to pay anything? They may be asked to pay something towards the legal fees if they can afford to if you are under 16. Above that age you will be personally liable for any contribution that is required. (ss9, 13 Legal Services Act 2000) AGE 17 When can I get legal aid to defend a criminal charge? Criminal cases involving under 17 year olds 33 Youthlaw-Book-Guts-UX-150205-OL-2.indd 33 2/15/2005 7:43:14 PM are heard in the Youth Court where you have the free services of a specialist Youth Advocate and therefore not need to apply for legal aid. At 17 you can apply for legal aid if you are charged with a criminal offence. If you are living with your parent(s), their income will be taken into account in deciding whether or not you will get legal aid. To apply for legal aid, fill in a “legal aid form” at your local court. The Legal Services Agency or a duty solicitor at the court can help you with this process. If you know of a lawyer you want, you can put their name on the form. Otherwise you will be given a lawyer if your application for legal aid is granted. Once you turn 18, your parents income won’t be taken into account even if you live with them, but any contributions your parents make to your living expenses will be taken into account (such as free/cheap board). (ss8, 13 Legal Services Act 2000; s323 Children, Young Person and their Families Act 1989) 34 Youthlaw-Book-Guts-UX-150205-OL-2.indd 34 SECTION 12 CIVIL LAW AND LEGAL AID 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) AT ANY AGE 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 well being 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) UNDER 17 Does my evidence count for less because I am young? If you are under 17 the Court cannot make comment that your evidence is less reliable because you are young. There are other protections, too, for witnesses under this age. (ss23D, 23E, 23H Evidence Act 1908) AGE 18 When can I serve on a Jury? At 18 you are liable for jury service, which means you may sit on a jury to decide whether someone brought before the Court on a criminal charge is innocent or guilty. You have to be registered to vote to be called for jury service. (s6 Juries Act 1981) AT ANY AGE 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) 2/15/2005 7:43:14 PM AT ANY AGE Can I drink with my family in a pub? If you are having a meal with your family you can drink alcohol whatever your age, so long as you are in a supervised area. (s157 Sale of Liquor Act 1989) 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) SECTION 13 HEALTH AND SAFETY AT ANY AGE 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) AGE 14 When can I buy fireworks? You can only buy fireworks once you turn 14. They can only be sold in the 10 days before Guy Fawkes Night. 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. (ss 229 & 232 Hazardous Substances and New Organisms Act 1996; s35 Summary Offences Act 1981; ss28, 29 Animal Welfare Act 1999) AT ANY AGE 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’. AGE 16 When can I agree to medical treatment? You can express your views about proposed 35 Youthlaw-Book-Guts-UX-150205-OL-2.indd 35 2/15/2005 7:43:15 PM medical treatment, surgery or dental procedures at any age. However, until you are 16 it is generally up to your guardians (usually your parents) to decide whether or not you should have medical treatment. The age of 16 is not fixed though and under this age you can give valid consent to medical or dental treatment so long as you are old enough to understand the nature and effect of the operation or treatment. If you are under 16, your parents won’t agree to treatment and you are not considered old enough to give valid consent, a hospital or doctor will sometimes apply for you to be placed under the guardianship of the court so that the court can give consent in the place of your parents where the treatment is clearly in your best interests and/or it is an emergency (e.g. you need a blood transfusion). You can agree or refuse to have an abortion at any age – it is always your decision. (ss8, 25, 25A Guardianship Act 1968; Article 12 United Nations Convention on the Rights of the Child; Gillick v West Norfolk Area Health Authority 1986 1 AC 112) N.B. The Guardianship Act will no longer apply from 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). 36 Youthlaw-Book-Guts-UX-150205-OL-2.indd 36 SECTION 13 HEALTH AND SAFETY AGE 16 Can I say no to treatment for a mental illness? At 16 you must give your consent before having any treatment for a mental illness. Your consent can be withdrawn at any time. Your parents or guardians can’t consent on your behalf. However, if health professionals think you need to be assessed or treated, or that you are acutely disturbed, or have tried to harm yourself or someone else, and you will not agree to be assessed or treated, a compulsory assessment or treatment order can be made by law. This allows the hospital to assess you, and if the doctors think it is necessary, to treat you against your will. You can have this decision reviewed by the court if you wish. A free duty lawyer will assist you with this. If you are found to be “mentally 2/15/2005 7:43:15 PM disordered” after the assessment process has been completed the doctor must apply to court for a compulsory treatment order. While you are being assessed for the first month of the compulsory treatment order you cannot say “no” to treatment but after that time you must give written consent to treatment. Brain surgery for a mental disorder cannot be performed without the patient’s written consent and never on an under 17 year old. Electric shock treatment cannot be performed without the patient’s written consent or if the patient won’t consent, only on the recommendation of a specially appointed independent psychiatrist. There are special laws applying to the compulsory assessment and treatment of under 17 year olds. You can get information about this by contacting a District Inspector of mental health or a lawyer specialising in mental health law or YouthLaw (phone 09-309-6967 - to freecall dial 010 and follow instructions). (Parts 1, 2 & 8, ss60, 61, 87, 88 Mental Health (Compulsory Assessment and Treatment) Act 1992) AGE 18 When can I make bets? You cannot gamble until you are 18. For example, at 18 you can bet on races at the T.A.B (or at the racecourse). If you are under 18 and you make or attempt to make a bet you are committing an offence. At 18 you can buy a Lotto or Instant Kiwi ticket, for example. It is an offence for someone over 18 to buy a ticket on your behalf if you are under 18. Gambling operators are not allowed to pay any money or prizes won to under 18 year olds. (s63 Racing Act 2003; ss301, 302, 303, 305 Gambling Act 2003) SECTION 13 HEALTH AND SAFETY AGE 20 When can I go to a casino? You have to be 20 before you can go into the gambling area at a Casino. (s303, Gambling Act 2003) AGE 18 When can I smoke? Until you are 18 it is illegal for a shop or anyone else to sell you cigarettes or tobacco. It is also illegal for any adult (including your parent) to give you a cigarette in a public place. The person who sells or gives the cigarettes to you commits an offence and could be taken to court. (ss30, 30AA Smoke-Free Environments Act 1990) AGE 18 When can I buy liquor or drink in a pub? At 18 you can go into a pub and buy or drink alcohol without any restrictions. (s155, 162 Sale of Liquor Act 1989) 37 Youthlaw-Book-Guts-UX-150205-OL-2.indd 37 2/15/2005 7:43:15 PM (ss20, 21 Births, Deaths and Marriages Registration Act 1995) 38 Youthlaw-Book-Guts-UX-150205-OL-2.indd 38 SECTION 14 NAMES AT ANY AGE You have a right to a name and an identity (Articles 7 & 8 United Nations Convention on the Rights of the Child ratified by New Zealand in March 1993) AGE 16 When can I stop my parents changing my name? Until you are 16 your parents or guardians can change your name without your consent. If you are aged 16 to 18 your parent or guardian can’t change your name unless you agree in writing to it being changed. (s21 Births, Deaths and Marriages Registration Act 1995) AT ANY AGE If I am adopted will I be given a new name? Yes. Your adoptive parents can give you a new name when they apply to adopt you. The Court will then decide if it is in your interests to have the new name. It is generally seen as in a child’s interests to have the same name as their adoptive parents. Only your new names will show on your birth certificate. (s16 Adoption Act 1955) AGE 18 When can I change my own name? At any age you can quite legally ask family and friends to call you by a new or different name. This new name becomes your name without need for legal change. This is the “unofficial” way of changing your name and there is nothing to stop you doing this. To change your name “officially” on your birth certificate you can, once you reach 18, make a statutory declaration to the Registrar General of Births and Deaths (phone 080022-52-52, www.bdm.govt.nz). You do not need your parents’ permission. (s21(1) Births, Deaths and Marriages Registration Act 1995) AGE 2 Can my parents change my name? Up to this age your parents can change your name or add a new name by writing to the Registrar General. After this your parents can change your registered names (until you are 18) by making a statutory declaration to the Registrar General of Births and Deaths. Your new names will be given on your birth certificate. 2/15/2005 7:43:16 PM 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 drinking if you are driving. There must be a driver who has had their full licence for at least 2 years sitting beside you if you are driving a car. If you are riding a motorbike you must not carry a passenger or travel over 70km per hour. You must 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) SECTION 15 LICENCES FOR CARS, PLANES AND FIREARMS 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 for a commercial licence. (Rules 61.105(1), 61.153(a)(1) & 61.203(1) Civil Aviation Rules, pursuant to Civil Aviation Act 1990) AGE 16 When can I have a gun? 39 Youthlaw-Book-Guts-UX-150205-OL-2.indd 39 2/15/2005 7:43:16 PM 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) 40 Youthlaw-Book-Guts-UX-150205-OL-2.indd 40 SECTION 16 TRAVEL 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) UNDER 5 When can I travel on trains for free? Under 5 years you may travel on trains free. Between the ages of 5 and 14 you may travel for half fare. Over 14 years you are expected to pay an adult fare on all trains. Under 5 Do I have to wear a child restraint? Yes, every child under 5 has to wear an approved child restraint whilst travelling in a car. There are some exceptions to this rule (e.g. if it is a very old car) but in general a restraint must be worn. (Regulation 29A(2) Traffic Regulations 1976) AGE 18 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 5 Do I have to wear a seat belt in a car? Every person who is occupying a seat fitted with a seatbelt, must wear that seatbelt. Any child between 5 and 8 must be properly restrained in an approved child restraint or seat belt. If there is neither available, then the driver must make sure that the child is restrained safely using any non-approved seat belt or child restraint and sitting in the rear of the vehicle. You have to wear a seat belt from age 8 to 14, but the driver is responsible for making sure you wear one. (Regulation 30(2), 30B Traffic Regulations 1976) 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) AGE 15 Do I have to wear a seat belt? You still have to wear a seatbelt when you turn 15 but now it’s your responsibility and you can be fined if you don’t wear one. (Regulation 30B(2) Traffic Regulations 1976) 2/15/2005 7:43:17 PM residency and have been living in New Zealand for three years. If you think you might qualify you can obtain more information from the Department of Internal Affairs (website www.dia.govt.nz). (ss3(2), 6, 7, 8, 9(1)(a) Citizenship Act 1977; Schedule to Adoption (intercountry) Act 1997; Article 7 United Nations Convention on the Rights of the Child) SECTION 17 IMMIGRATION, CITIZENSHIP AND PASSPORTS AT ANY AGE How do I become a New Zealander? If you were born in New Zealand or your birth was registered here you are automatically a New Zealand citizen. If you were born overseas and your parent was a New Zealand citizen you will automatically be a New Zealand citizen. If you were adopted in New Zealand or overseas when you were under the age of 14 by New Zealanders, you are automatically a New Zealand citizen. Above this age you will have to apply for citizenship, unless you were adopted under the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (which applies to intercountry adoptions). You may be eligible to be granted New Zealand citizenship if you have permanent AT ANY AGE At what age can I be granted New Zealand citizenship? The Minister of Internal Affairs may grant you New Zealand citizenship if you have lived in New Zealand for 3 years at any age. If you are under 18 your application is considered to be a special case and slightly different rules apply. You should have the consent of both your parents. (ss8, 9(1)(a) Citizenship Act 1977) AT ANY AGE If I am not a New Zealand citizen, can I stay here as long as I like? No, in order to stay in New Zealand legally you must have permission to stay from the New Zealand Immigration Service. You should be able to tell whether you have been granted permission by looking at the latest New Zealand Immigration Service stamp 41 Youthlaw-Book-Guts-UX-150205-OL-2.indd 41 2/15/2005 7:43:18 PM in your passport or the passport you used when you last entered (e.g. your parent’s passport). If you have been granted permanent residence you can stay as long as you want, although if you have permanent residence and you want to leave New Zealand, perhaps for a holiday, you must get a “returning resident” stamp in your passport before you leave to make sure that you can get back in again. Your local office of the New Zealand Immigration Service will be able to deal with this (website: www.immigration.govt.nz). AT ANY AGE Can I get a passport in my own name? Yes, if you are a New Zealander, at any age. But if you are under 16 the written consent of one of your parents will be required. If you are not a New Zealander you will need to contact the nearest Embassy or Consulate of your country to find out how old you need to be to get your own passport. (s4(3)(a) Passports Act 1992) 42 Youthlaw-Book-Guts-UX-150205-OL-2.indd 42 SECTION 17 IMMIGRATION, CITIZENSHIP AND PASSPORTS AT ANY AGE How long is my New Zealand passport valid? If you are under 16, your passport expires 5 years after the date of issue. If you are 16 or over, it expires 10 years from the date of issue. (s5(1)(a) & (b) Passports Act 1992) If you have been granted permission to stay for a fixed time you should apply for an extension of time before your permit expires. If you are unsure about your situation you should show your passport to an adviser at your local Citizens’ Advice Bureau (0800-367222), Community Law Centre or YouthLaw (contact details at the front of this book) and get advice about what you should do. (ss4 & 16 Immigration Act 1987) AT ANY AGE What happens if someone won’t let me have my passport? Your passport is technically the property of the New Zealand government but, apart from the government’s claim to it, it is your property. It is an offence for anyone to keep your passport from you. (s31(d), 33 Passports Act 1992) AT ANY AGE At what age can I be made to leave New Zealand? If you are an overstayer you can be asked to leave at any age. However, if you are under 17 and the New Zealand Immigration Service is seeking an order for your removal from New Zealand, a responsible adult must be appointed to protect your interests before you are removed. If the order also relates to one or more of your parents, your parent will be the responsible adult. You should seek legal advice immediately as you have rights under the Immigration Act and the United Nations Convention on the Rights of the Child, and you may be able to appeal against any order made. (ss53-63, 115A & 141B Immigration Act 1987; Tavita v Minister of Immigration [1994] 2 NZAR 116) AT ANY AGE Can my passport be cancelled? The Department of Internal Affairs can make a decision to cancel your passport and might do this for a number of reasons, including, if you are under 16, that your parent or guardian has withdrawn their consent to your having a passport. A New Zealand court can order that you hand in your passport and this might happen if there is a danger that you might leave, or be taken out of New Zealand without both parents’ consent. (s8(1)(a) Passports Act 1992) 2/15/2005 7:43:19 PM AGE 16 When can I refuse to go overseas with my parents? Once you are 16 a parent cannot force you to leave the country against your wishes. You can leave home without your parents’ consent once you are 16, which means you can live wherever you wish, so long as you are in a safe environment. So if your parent wants you to move overseas with him or her, or decides to send you overseas to stay with relatives and you are 16 you do not have to go. If you are under 16 and one of your parents wants to take you out of the country but your other parent doesn’t a Court order can be obtained to stop you being taken out of the country. It is a crime to take you out of the country unless the parent who takes you has legal custody or if they have joint custody of you, both parents have agreed. If you are forced against your wishes you should tell the Police, the airline staff or your other parent. If you are abducted and taken overseas in breach of a custody order there are arrangements with many countries under which the overseas authorities there will return you to this country. (s210 Crimes Act 1961; ss20, 23, 24 Guardianship Act 1968; Hague Convention on the Civil Aspects of International Child Abduction and Guardianship Amendment Act 1991) N.B. The Guardianship Act will no longer apply after 1 July 2005. The new laws will be in the Care of Children Act. If you wish to update your copy of When Can I? you can log onto YouthLaw’s website at www.youthlaw.co.nz and click on “resources” to find information on the new law that applies to this paragraph. If you have trouble, please contact us (contact details are at the front of this book). SECTION 18 CONTRACTS, HIRE PURCHASE AND INSURANCE AT ANY AGE Can I make a contract? Yes. A “contract” is just the word for an “agreement” that you intend to be legally bound by. There has to be an agreement ‘between the parties’ (i.e. on both sides), for example, one person agrees to sell something for a particular price and the other person agrees to buy it. However, although you can make a contract at any age and can hold the other person to his or her side of the deal, there are special rules to protect children and young people and stop them being bound by contracts that are unfair or unreasonable. (Minors’ Contracts Act 1969) AT ANY AGE Can I take out car insurance? You can take out car insurance at any age in respect of any car that you own, but you cannot be insured to drive the car until you hold a legal licence, the minimum age for which is currently 15. While you are young and a new driver your insurance policy will have a large “excess”. “Excess” is the portion of any loss or damage (to your car or another car or property involved in an accident) that is not covered by the insurance company. The excess on your policy should decrease after you have been driving a few years although the insurance company will also take into account the type of car you drive and whether you have caused any accidents or been convicted of any driving offences. Unfortunately some insurance companies will not agree to insure young drivers, especially young males under 25 years, because they figure proximately in vehicle accident statistics. If you are able to obtain insurance, it may save you a lot of 43 Youthlaw-Book-Guts-UX-150205-OL-2.indd 43 2/15/2005 7:43:19 PM 44 Youthlaw-Book-Guts-UX-150205-OL-2.indd 44 SECTION 18 CONTRACTS, HIRE PURCHASE AND INSURANCE money if you have an accident. AT ANY AGE Can I take out travel insurance? You can take out travel insurance at any age for overseas travel which will cover your medical expenses if you have an accident or illness, compensation for injury; lost or stolen property and travel delays. You should check the policy for the exact conditions. If you are travelling with your parents or caregivers and are under 20 and unmarried some insurance companies will include you on your parents/ caregivers’ policy at no extra charge. (ss66A, 66B Life Insurance Act 1908; ss5(2), 6, 9 Minors’ Contract Act 1969) AGE 14 When can I pawn my discman with a pawnbroker? You can pawn goods at 14. It is against the law for a pawnbroker to take pawned goods from anyone younger. (s33 Pawnbrokers Act 1908) AGE 10 When can I take out life insurance? You can take out life insurance before you turn 10 if the policy is approved by the District Court. At 10, you can take out a life insurance policy on your own life, but the Court can intervene if the policy is found to be unfair. When you are 16 you can deal with the policy as if you were an adult, but the Court can intervene if the policy is found to be unfair. When you are 18, you contract purely as an adult. AGE 15 Can I sell my old skateboard, bike or other stuff in a second hand shop? You cannot sell second hand items until you are 15. It is against the law for the dealer to take second hand goods from anyone who is apparently under 15. (s13 Secondhand Dealers Act 1963) UNDER 18 If I make a contract am I bound by it? If you are under 18 and unmarried, the other party cannot make you stick to your side of the agreement unless the other party makes an application to the Court and the Judge agrees that the terms of the contract were 2/15/2005 7:43:19 PM fair and reasonable. If the Court comes to that conclusion then it may enforce the contract against you. If it doesn’t then it will generally cancel the contract or make an order letting you cancel it. If you are married you are treated as an adult regardless of your age and all contracts are enforceable against you. (s5 Minors’ Contracts Act 1969) SECTION 19 WELFARE BENEFITS AND OTHER SUPPORT AGE 18 If I make a contract am I bound by it? Once you are 18 any agreement you sign is binding and can be enforced against you unless you can show that the agreement was unconscionable (a rip off) or was harsh or oppressive (you were taken advantage of). (s5 Minors’ Contracts Act 1969) AT ANY AGE I am not living with my parents. Can my carers claim money for my keep? Yes – but only if your carers are over 18, you are likely to remain there for at least a year and your parents are unable or unwilling to provide for your financial needs. In such cases an Unsupported Child’s Benefit is available. It can continue until you reach 18 if you stay at school. The income of the carers is not taken into account. The benefit is paid to the carers not the child or young person. It is less than the Independent Youth Benefit and depends on your age. To find out the exact amount you can contact Work and Income New Zealand on phone 0800-559009, website www.workandincome.govt.nz (s29, 29A, 31, Schedule 4 Social Security Act 1964) AGE 18 What about hire purchase agreements and bank loans? The same rules apply so dealers will not usually sell goods on hire purchase to people under 18. Banks will not usually grant a loan or overdraft to anyone under this age unless they have a “guarantor”. AGE 20 If I make a contract am I bound by it? Yes – not only can you make the other party to the contract fulfil his or her side of the bargain, but you will be expected to do what you agreed to do under the contract. There are no special age-related protections once you are 20. AT ANY AGE Can I claim a Special Benefit? There is no minimum age limit for a Special Benefit, however Work and Income New Zealand is opposed to paying Special Benefits directly to under 16 year olds. The Special Benefit is a discretionary benefit that may be granted if you would suffer financial hardship if you did not get it. It is designed to help you meet your living expenses while you try to reduce costs to live within your usual income. You don’t have to be on another benefit to apply. (s61G Social Security Act 1964) 45 Youthlaw-Book-Guts-UX-150205-OL-2.indd 45 2/15/2005 7:43:20 PM 46 AGE 16 I have moved away from home – can I claim a benefit? If you are 16 or 17 and it is unreasonable to expect your parents to support you, you Youthlaw-Book-Guts-UX-150205-OL-2.indd 46 SECTION 19 WELFARE BENEFITS AND OTHER SUPPORT AGE 16 Do my parents have to support me? Until this age your parents must feed, clothe and house you. (s152 Crimes Act 1961) AGE 16 I have left school and cannot find a job – can I get the unemployment benefit? You cannot get the Unemployment Benefit until you are 18, unless you are over 16, married and have a dependent child. Even if you do not meet the requirements for an Unemployment Benefit you may qualify for an Emergency Unemployment Benefit and should ask for one. (ss61, 89, 90 Social Security Act 1964) may be eligible for an Independent Youth Benefit. There are many valid reasons why it may be unreasonable for you to expect your parents to support you, e.g. because your relationship has broken down, because they are absent and unable to support you or any other good and sufficient reason. You must be unemployed and available for work; attending secondary school or on an employment-related training course; or unable to work through sickness or accident. The benefit can be paid to 18 year olds until December 31 of the year in which they turned 18. There are a number of requirements that have to be met, but if you do not meet them all you may qualify for an Emergency Benefit. At the time of writing the Independent Youth Benefit was $136.79 (although it is reduced in relation to any income you earn over $80 per week). To find out the exact amount you can contact Work and Income New Zealand on phone 0800-559-009, website www.workandincome.govt.nz. (ss60F, 60FA, 60FB, 60G, 60GAA, Schedule 26 Social Security Act 1964) 2/15/2005 7:43:20 PM AGE 16 Am I old enough to get a Special Needs Grant? Yes. A Special Needs Grant is payable if you have been a beneficiary for at least six months and are facing an emergency situation which you do not have the financial resources to meet. A Special Needs Grant may have to be repaid. (s124(1)(d) Social Security Act 1964; Special Needs Grant Programme) SECTION 20 OWNING AND INHERITING PROPERTY UNDER 19 My parents have split up and I live with my Dad. When can my Mum be made to pay money towards my support? If you are a New Zealand citizen or are ordinarily resident in New Zealand and not financially independent then your Mum will be liable to make child support payments. The payments go to your father, or if he is on income support, to the government to help pay his income support. These payments are worked out according to a formula and can continue until you are 19 or earlier if you become financially independent or get married. A step-parent (that is someone who is not your parent but has married one of your parents) can also be required to pay money for your maintenance if you were a member of the family of your parent and step-parent. For more information phone Child Support on 0800-221-221 or visit the website www.ird. govt.nz/childsupport/ (ss5, 6, 7,8, 9(1) & 25 Child Support Act 1991) AT ANY AGE What if my parent or grandparent dies without leaving me anything in their will or leaving me less than I think fair? You can make a claim and the court may award you assets or money from the estate. The claim should be made as soon after his or her death as possible. Adopted and step children can also claim. (s3 Family Protection Act 1955) AT ANY AGE Can I own land? You can own land or property at any age. If you are under 20 this will be noted on the certificate of title to the land. (ss65, 67 Land Transfer Act 1952; s4 Age of Majority Act 1970) AGE 18 How old do I have to be to make a will? If you are unmarried you generally have to be 18 to make a will saying what you want to happen to your property when you die. You can get permission from the District Court or the Public Trust Office to make a will if you are 16 or 17. If you are married you can make a will before you are 18 without anyone’s permission. (s2 Wills Amendment Act 1969; Wills Act 1837) 47 Youthlaw-Book-Guts-UX-150205-OL-2.indd 47 2/15/2005 7:43:21 PM 48 Youthlaw-Book-Guts-UX-150205-OL-2.indd 48 SECTION 20 OWNING AND INHERITING PROPERTY UNDER 20 Can the Court appoint a welfare guardian or property manager to look after my interests or my property if I lack the capacity to make sensible decisions or to communicate those decisions? The general rule is that the Court cannot appoint a welfare guardian for an under 20 year old unless that young person is or has been married. However, there is an exception to this if you have no parent living or no parent in regular contact with you and it is in your best interests to appoint a welfare guardian. (ss6(2), 12(3) Protection of Personal and Property Rights Act 1988) AGE 20 Some money is being held on trust for me – am I entitled to have it paid out to me now? Yes, trusts established to hold property (e.g. an inheritance or ACC lump sum payment) for a child usually end when the young person reaches the age of 20. At that point the young person becomes “absolutely entitled” to the property held on trust – in other words it can be paid out to them with ‘no strings attached’. Most trusts allow for the trust property (e.g. inheritance or ACC lump sum payment) to be accessed by the child or young person if they need money for their support or to pay for their education or training before they are 20. However, it is important to check the actual ‘deed’, or trust document, to find out what the terms are. AGE 20 Can I be appointed to manage the property of an elderly or disabled relative or friend? Only when you reach the age of 20. (s31(3) Protection of Personal and Property Rights Act 1988) 2/15/2005 7:43:22 PM AT ANY AGE When can someone open a bank account for me? A parent or some other adult can open a bank account in your name and can draw money out and give it to you at any age. However, if you are really young (i.e. under 7) you will only be able to draw money out on your own if the bank agrees. When you are 18 banks will let you open a cheque account and sign cheques on the account. At this age they will give you an ATM card so you can withdraw money from an ATM (automatic teller machine). You may be able to open a cheque account at an earlier age if you are married. SECTION 21 BANK ACCOUNTS AGE 18 When can I borrow money? At 18, banks will lend you money or allow you to have an overdraft if they think that you are a good risk (meaning that you will be able to pay the money back). You will be asked questions about your financial situation: how often money will be coming into your bank account and how much that will be, whether you have any savings, your living costs etc. AT ANY AGE When can I open my own bank account and withdraw money? Different banks have different policies about what age you can open a bank account and withdraw money yourself. If you want to open and control your own bank account, ring around a few different banks to find out what their rules are for someone of your age wanting to open an account. AGE 18 At what age will a bank issue me with a credit card? Banks will not usually give credit cards to young people under 18 although this may vary depending on the policy of the credit card company. AGE 18 When can I open a cheque account? 49 Youthlaw-Book-Guts-UX-150205-OL-2.indd 49 2/15/2005 7:43:22 PM Below are examples of agencies that receive complaints from members of the public, such as you. 50 Youthlaw-Book-Guts-UX-150205-OL-2.indd 50 SECTION 22 AT ANY AGE Can I really complain about things I don’t think are fair? Yes! At any age you can complain if you are unfairly treated. There are people and organisations that can help you understand your rights and how to complain. There are a few general points to bear in mind: • If you think something is unfair, talk to the person / shop / company / organisation directly about the problem first. Ask them for a copy of their complaints procedure if they have one; • Try to be calm and polite when explaining why you are making a complaint; • Keep a record of what was said and the date; • If the complaint is not sorted out quickly, write to the other party explaining clearly and objectively why you are not happy and what you want done to put things right – you may want to get some legal information from one of the websites listed below or www.youthlaw.co.nz before you write your letter; • Say when you would like a response by (remember to be reasonable about the time needed for them to think about your complaint, maybe get some advice and then write back to you); • Keep a photocopy of your letter; • If the complaint is not resolved, contact one of the agencies which are there to help sort out complaints – check the agency’s website first to see if it is likely to be able to help with your complaint; • Tell the agency what you have done so far to sort the matter out, and offer to send copies of letters etc. AT ANY AGE What if I have been badly treated by a Police Officer? You can make a complaint against the Police by speaking or writing to the Police Complaints Authority, PO Box 5025, Wellington, phone 0800 503 728, fax (04) 499 2053. (ss12 & 14 Police Complaints Authority Act 1987) COMPLAINING AND GETTING HELP AT ANY AGE What if I have been badly treated by someone at Child, Youth and Family Services? You can complain about the way you have been treated by a social worker or anyone else at Child, Youth and Family Services by speaking or writing to the Commissioner for Children (P.O. Box 5610, Wellington, website www.occ.org.nz, phone 0800-224-453; 0800 A CHILD) or the Ombudsmen (phone 0800 802 602; email complaint@ombudsmen.govt.nz, website www.ombudsmen.govt.nz) (ss12, 13 Children’s Commissioner Act 2003; s13, 16 Ombudsman Act 1975) AT ANY AGE What if I’m discriminated against? No matter what your age, you can make a complaint to the Human Rights Commission if you are discriminated against at school or in your job or elsewhere on the grounds of your colour, race, ethnic or national origins, sex (which includes pregnancy), disability (which includes mental illness), religious or ethical belief, age (commencing with the age of 16 years), political opinion, employment status, family status, marital status or sexual orientation (which includes being gay, lesbian, bisexual, transgender, fa’afafine and takataapui). You also can’t be discriminated against because you are a relative of 2/15/2005 7:43:23 PM SECTION 22 COMPLAINING AND GETTING HELP someone who is a certain colour, has certain religious or political views and so forth. You can complain about discrimination on any of these grounds at any age, to the Human Rights Commission (phone 0800 496 877, website www.hrc.co.nz) If the government has discriminated against you, or an agency performing a public function, it is a defence for them to say that it was reasonable to limit your right to freedom from discrimination in that way. (s19 New Zealand Bill of Rights Act 1990; s21 Human Rights Act 1993; Parts 1A, 2, 3 Human Rights Act 1993; Article 2 United Nations Convention on the Rights of the Child) AT ANY AGE Can I make a complaint about government departments or a local council? Yes, at any age you can complain to the Ombudsmen (phone 0800 802 602; email complaint@ombudsmen.govt.nz, website www.ombudsmen.govt.nz) if you have been unfairly treated by a government department, public body or local council. You can also make an appointment with a local or district councillor or with your Member of Parliament to discuss an issue. 51 (ss13, 16 Ombudsmen Act 1975) Youthlaw-Book-Guts-UX-150205-OL-2.indd 51 2/15/2005 7:43:23 PM AT ANY AGE How can I complain about my landlord? You can contact Tenancy Services (phone 0800 83 62 62, website www.dbh.govt. nz/housing/tenancy/index.html ) if you have been badly treated by your landlord. You can complain about the following kinds of problems: repairs, rent, right of entry, quiet enjoyment, eviction and bonds. Tenancy Services can organise mediation to try and resolve your problem with your landlord – just ask them about this. If mediation doesn’t succeed, you can apply to the Tenancy Tribunal to help you sort matters out. Tenancy Services cannot help with flatmate problems. (ss76, 77 & 86 Residential Tenancies Act 1986) 52 Youthlaw-Book-Guts-UX-150205-OL-2.indd 52 SECTION 22 COMPLAINING AND GETTING HELP AT ANY AGE What if I am unfairly dismissed or badly treated at work? IMPORTANT NOTE: You only have 60 days from when you realise you have been dismissed to ask your employer for written reasons for your dismissal and 90 days to raise a “personal grievance” with your employer. (ss120, 114 Employment Relations Act 2000). You can explain what happened to the Employment Relations Service (ERS) who will give you information about the law and what courses of action are available to you (phone 0800 800 863, website www.ers.dol.govt. nz/help Labour Inspectors employed by the ERS can investigate and follow up on complaints received in relation to minimum wages, holiday pay and equal pay but if you have been unfairly dismissed they can only provide information. This is a separate service to the 0800 information line. You can contact your local Community Law Centre, Citizens’ Advice Bureau or see a lawyer to get advice and representation on an employment issue (look in the Yellow pages under “Lawyers”). If you have a good case, legal aid may be available, depending on your income. Trade unions can provide advice, assistance and free representation to their members. If you wish to join a trade union but are unsure of which union would be appropriate, you can contact ERS who can provide you with details or check the Yellow Pages under “Unions”. AT ANY AGE What if I have bought something from a shop that doesn’t work? When you buy something, the goods must be fit for the purpose for which they were sold and they must also be of a quality that is good enough to be sold to people. For information about consumer rights, visit the Ministry of Consumer Affairs website at www.consumeraffairs.govt.nz. You can get advice from your local Community Law Centre or Citizens’ Advice Bureau (phone 0800 367 222). You can bring a claim in the Disputes Tribunal (see below). The Consumer Guarantees Act also protects you from receiving services (e.g. a haircut or car repairs) that don’t come up to standard. If you think you have been misled or deceived by the shop or tradesperson, contact the Commerce Commission on phone 0800 94 3600, website www.comcom.govt.nz/ Inquiries/contactus.aspx (it is a good idea to visit their website first to check that your problem is one that they might be able to help with). (ss9 -13, 39 Fair Trading Act 1986; ss 2, 5-13, 28, 29, 30, 31, 43 Consumer Guarantees Act 1993; s16 Sale of Goods Act 1908) AT ANY AGE Can I get legal advice? Yes you can get legal advice at any age. If you are involved in a court case a lawyer may be appointed to represent you free of charge (e.g. youth advocate or counsel for 2/15/2005 7:43:23 PM the child). If you go and see a private lawyer for advice you will need to pay – you should ask about the fees before you go to visit the lawyer. Some lawyers will not charge for the first interview. After that you may be able to apply for legal aid. You can get free or low cost confidential legal advice from your local Community Law Centre. Check your telephone directory for details. You can get free confidential legal advice from YouthLaw if you live anywhere in New Zealand provided you are under the age of 25 (phone 09-309-6967 - to freecall dial 010 and follow instructions, website www. youthlaw.co.nz, email info@youthlaw.co.nz). You can go to your local Citizens’ Advice Bureau (CAB) for assistance (phone 0800 367 222). Some CABs run evening legal advice sessions at which local lawyers provide free legal advice. It is the Banking Ombudsman’s job to make sure that people get a fair deal from their banks. The Banking Ombudsman will consider your complaint and may be able to provide you with assistance if you have tried unsuccessfully to sort the problem out with your bank. SECTION 22 COMPLAINING AND GETTING HELP AT ANY AGE What if I think my privacy isn’t being respected – can I do anything about it? Yes. You can complain to the Privacy Commissioner at phone 0800 80 39 09, fax 09-302-2305, website www.privacy.org.nz AT ANY AGE What if I am having problems with something at my school – when can I complain? You can complain at any age. It may help to involve an adult you can trust such as your parents/caregivers, a teacher or the school counsellor. Schools are run by Boards of Trustees who are responsible for making sure the school operates properly and it may be appropriate to complain to the Board about some matters. You can write to the Chairperson of the Board of Trustees and set out your complaint and/or ask to speak at a AT ANY AGE What if I’m having trouble with my bank? You can contact the Banking Ombudsman in Wellington at phone 0800 805 950, fax 04 471 0548, website www.bankombudsman. org.nz 53 Youthlaw-Book-Guts-UX-150205-OL-2.indd 53 2/15/2005 7:43:24 PM Board Meeting. If there are other students or parents/caregivers who also wish to complain (e.g. about a policy or practice of the school) they could go to the Board meeting to speak also. If you cannot resolve the complaint or need advice to work out what to do, the following agencies may be helpful: Ministry of Education www.minedu.govt.nz Office of the Ombudsmen www.ombudsmen.govt.nz Education Review Office www.ero.govt.nz Children’s Commissioner www.occ.org.nz YouthLaw www.youthlaw.co.nz former flatmate owes to you); • Recovery of your property when taken by someone else. The Tribunal also has powers under a number of acts of Parliament relating to contracts, as well as hire purchase issues. It is best to contact your local District Court (see under “Justice” in the blue (government) pages at the front of the Phone Book) and speak to someone in the Disputes Tribunal / Civil Office to confirm that your complaint can be taken to the Tribunal to be sorted out (i.e. that the Disputes Tribunal has ‘jurisdiction over’ your complaint) (Rule 5 Disputes Tribunals Rules 1989; ss10(1), 10(1)A, 10(2), 27 Disputes Tribunals Act 1988; s39 Fair Trading Act 1986; s47 Consumer Guarantees Act 1993) 54 Youthlaw-Book-Guts-UX-150205-OL-2.indd 54 SECTION 22 COMPLAINING AND GETTING HELP AT ANY AGE When can I bring a claim in the Disputes Tribunal? Anyone, regardless of their age, can make a claim by going to a District Court civil office and filling out a claim form. However, if you are under 18 the Tribunal may appoint someone to represent you. Lawyers are not allowed to appear in the Disputes Tribunal, which helps to keep hearings cheap, quick and simple. You will be asked to pay a filing fee of $30 for claims under $1000, or $50 for a claim between $1,000 & $5,000, and $100 if over $5,000 and up to $7,500 (or $12,000 with the agreement of the parties). Examples of matters for which you can claim include: • Damage to your property (e.g. your bike or skateboard); • Faulty goods or poor quality services; • Repayment of a debt when the person owing the money is arguing about the debt or the amount (e.g. money your 2/15/2005 7:43:24 PM SECTION 23 AGE 20 You become an adult in the eyes of the law at midnight upon turning 20. (s4 Age of Majority Act 1970) ADULTHOOD You then have all the legal rights and responsibilities of an adult! 55 Youthlaw-Book-Guts-UX-150205-OL-2.indd 55 2/15/2005 7:43:24 PM YouthLaw Tino Rangatiratanga Taitamariki (Inc) Free legal service for children and young people nationwide Youthlaw-Book-Guts-UX-150205-OL-2.indd 56 2/15/2005 7:43:25 PM