Both during and post-Lockdown, LexisNexis New Zealand has been providing New Zealanders free legal guidance notes on tenants’ and employees’ rights and immigration measures as they relate to the pandemic crisis. This is contained in the COVID-19 Practical Guidance Toolkit. New guidance notes were developed in collaboration with the Wellington Community Justice Project and have been tailored for the general public seeking legal guidance on the issues affecting them the most during the pandemic. LexisNexis have provided interviews with authors of the modules to explain how they came to be involved with the project and what it offers. If you have any questions or suggestions please email Michele Fairbank at LexisNexis.*
Introduction to the Project
Natasha Young – Law Reform Leader
How did this project with LexisNexis come about and what is the importance for New Zealanders?
The Wellington Community Justice Project, Law Reform team has had a working partnership with LexisNexis since 2018, to review and update the Practical Guidance - Social Justice content. The current climate with COVID-19, being such an unprecedented event, emphasises the importance of accessible legal content for everyday New Zealanders. It is an amazing opportunity for the WCJP to provide timely notes on tenants’ rights, employees’ rights, immigration and police powers during the COVID-19 context.
Whether it be a friend, or family member, many people are being impacted by COVID-19 in some way or another. Commonly, the law can be confusing, especially regarding newly implemented measures such as the wage subsidy. The Guidance Notes assist with the basics, to ensure everyone can understand their legal rights and get the help they need. These Guidance Notes will be beneficial and valuable to a large number of New Zealanders.
What did it take to make the Guidance Notes happen and what was involved?
Every year, the Wellington Community Justice Project Law Reform team collaborates with LexisNexis to provide Social Justice Guidance Notes. However, as 2020 unfolded, it became apparent there was a large public need for legal resources relating to the COVID-19 context. I maintained contact with Sophie Marsh from LexisNexis, and we agreed that providing resources to laypeople was of significant value. As the Level 4 lockdown commenced, I worked with three passionate WCJP volunteers who had capacity to help with the Social Justice content. I oversaw the project through maintaining communication with LexisNexis, assisting to volunteers, and organising review of the content. The urgency of the lockdown required the Guidance Notes to be completed in a timely manner in order to help more people.
Employee's Rights in the COVID-19 context
Sarah Burton, Author
Why have you chosen employment law as your area of focus?
As an employed person myself, I know that employment law is not the easiest to navigate at the best of times, let alone during a global pandemic. I also think that employment and income were one of the first things that people were concerned about when New Zealand went into Level Four as the move was made quite suddenly. It raised a lot of questions around how they would fare financially. The reason I wanted to volunteer for the Practical Guidance – Social Justice project was because I am passionate about the law becoming more accessible, so it seemed important to address an area that is so widespread in its impact as well as having the potential to cause a lot of stress. The last thing that people need is for employment law to be difficult to understand.
Who is the primary audience for this module & how does it benefit them?
This module is aimed towards all employees in New Zealand, but in particular those who may be having difficulty understanding the new Government payment schemes regarding COVID-19, interpreting their employment responsibilities in light of the COVID-19 context, or have any confusion as to what their rights are now regarding their income, leave, or in the workplace. It benefits them as the note seeks specifically to address those difficult questions in plain English, making it easy for the audience to understand and discover their answers. As it also covers a range of topics all in one place, it consolidates a lot of information and therefore saves time in searching.
Do you have an anecdote on how this guidance note has helped someone you know?
As I was writing this guidance note my partner started working from home and receiving the wage subsidy. The content in this guidance note helped him to understand how the wage subsidy worked, what it meant for him as a casual worker, and what it meant in regard to what was written on his payslip.
Tenants’ Rights in the COVID-19 Context
Prakriti Bhatt, Author
What is the main issue you’ve encountered at the WCJP as it relates to tenants’ rights?
There are two main issues I encountered at the WCJP while researching on tenants’ rights in the COVID-19 context. One, is that while there is ample up-to-the-minute information available, it is not adequately consolidated at a single source. Second, though there are readily available resources such as Q & A sheets and dedicated webpages from the Ministries themselves, they sometimes do not reiterate consistent information because not all have been simultaneously brought up-to-date to reflect the changes in the law or the Alert Level guidelines. So, outdated information shows up alongside new information in search hits—and they are both from equally credible sources.
This becomes a major hurdle when you are living in times as fluid as these—when being conversant about changes in the law and order as affecting your situation becomes integral to survival. Unless you have the time and leisure to regularly sieve through all the search hits—have multiple tabs open in your browser, examine all to check for the currency of information, cross-check for confirmation, and put two-and-two together to reckon how you are impacted in your specific situation—it is tough to keep up.
How does this module help tenants? What guidance does it provide?
This module attempts to consolidate information from credible sources in a single document. The guidance note is in a simplified Q & A format and addresses the government's measures to protect tenants in their homes during the pandemic. It covers an overview of the temporary changes to the tenancy law (more specifically, short-term changes to the Residential Tenancies Act 1986 brought about by the latest COVID-19 Response (Urgent Management Measures) Legislation Act 2020) and contains information on moving tenancies during the lockdown, the temporary rent freeze, and terminating tenancies during the lockdown. This material is open access and is useful for any residential tenant unsure of their rights under the law in the COVID-19 situation. The WCJP is taking care to maintain the currency of the information contained and the guidance note is reviewed and amended in a timely manner as we move Alert Levels.
What drives you to provide this (pro bono) service as it relates to your focused module area?
A lot of us first attempt self-help and run quick web searches for answers and clarifications to quell our unawareness before we decide to seek professional help. I am guilty of this too. I know the frustration of finding contradictory information as it relates to your situation—more so when the information is presented in a daunting fashion, heavily peppered with technical jargon. What drove me to volunteer for the Law Reform Team at the WCJP was this opportunity to use my law degree to make the law more accessible and help citizens know and enforce their own rights.
I am hoping the guidance note serves as a starting point for readers to quench their thirst for a basic knowledge of their situation in these unpredictable times. While the guidance note does not replace legal advice, I am hoping it works as a primer to help clarify certain points and equip readers with enough information to identify areas where they would require professional legal intervention.
Working on this guidance note has also brought invaluable personal gains: as an international student living in New Zealand for the last three turbulent months, researching for this guidance note has helped me gain insight into the legal system and governance of the country, get acquainted with government sources for credible information, and how the tenancy laws would apply in my specific situation. I am extremely grateful to Natasha Young, our Law Reform Team Leader, for giving me this opportunity.
Police Powers in the COVID-19 Context
Ashley Chrystall, Author
Who is the primary audience for this module & how does it benefit them?
The Police Powers module is for everyone that wants to further educate themselves on their legal rights. Police powers have changed in this national emergency and people have not been sufficiently educated on how this affects them directly and how much power the police really have. This module has the intention of keeping everyone informed of their rights when it comes to the authorities by clearing up any confusion or misconceptions and giving them an insight into what exactly the new legislation outlines. This is very important because it gives the community an understanding of what is required of them and what they are entitled to by providing clear and concise guidance.
Have you noticed an increase in incidents during the lockdown? Were they focused on regions or specific offences?
Yes, there has been an increase in incidents during the lockdown. The majority of people in New Zealand have adhered to these unique restrictions. However, there have been many reports regarding lockdown breaches such as people congregating outside their bubble in public areas and not following social distancing or regional travel restrictions. During the lockdown period people have become more aware of the need to understand their rights. There have been instances where it has been highlighted that there have been inconsistencies in regard to understanding what is required. Certain individuals have been either ignoring lockdown regulations or are simply unaware of what they are. These are unprecedented times where people feel angry and confused about having their freedom restricted. There has been an increase in lockdown breaches regionally among a wide range of individuals or groups. There have been many arrests and fines in relation to lockdown breaches. The biggest increases were noticed just before a long weekend.
How does the service you provide help the community as it relates to your primary focus for this module?
The aim is to educate the general public on their rights. Having this community project that is aimed at making the law easily accessible and understandable to the general public provides comfort, especially in a time of uncertainty. This project gives people the guidance they need, making the law clear and giving them the ability to guide themselves.
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