8548v5a Learners Guide

US 8548 v5a
Learner’s Guide
SELF MANAGEMENT
Unit Standard 8548

Version 5 | Level 1 | Credit 2
Demonstrate knowledge
of accessing legal
assistance
Licensed to:
Western Heights High School
2016 - 5a © ATC New Zealand
www.instant.org.nz
i
US8548v5a Learner's Guide Licensed to Western Heights High School

Demonstrate knowledge of accessing legal assistance 22022016-US8548-106486 INSTANT Education Solutions
5a © ATC New Zealand www.instant.org.nz
ii
About this
Learner’s Guide
Learning Purpose & Outcomes
In this course you will learn about the situations when you may need legal help (assistance) and
how you can get this help.
When you have successfully completed this course you will be able to describe:
• organisations that give legal assistance
• situations that require legal assistance
• the assistance provided by Legal Aid and how to get this assistance
• potential difficulties in accessing Legal Aid and ways to overcome these difficulties.
A glossary has been included at the end of this guide to help you understand new terms and other
words that may be difficult. Words that are in the glossary have been highlighted in the text.
Licensed to Western Heights High School US8548v5a Learner's Guide

22022016-US8548-106486 INSTANT Education Solutions Demonstrate knowledge of accessing legal assistance
iii

1
Contents
Sources of legal assistance 2

Legal assistance 3
Law firms 4
Court assistance 6
Community Law Centres 8
Specialised Agencies 10
Situations that require legal assistance 14

Employment issues 16
Housing issues 17
Land claims 18
Tenancy problems 19
Consumer issues 22
Being charged with a crime 23
Immigration problems 24
Legal Aid 27
What is Legal Aid? 27
Legal Aid for Criminal Cases 28
Legal Aid for Civil Disputes 29
Legal Aid for Family Court cases 30
Difficulties accessing Legal Aid 32
Strategy to overcome difficulties 34
Dealing with multiple issues 37
Glossary 40

2
LESSON 1:
Sources of legal
assistance
Learning Objectives
In this lesson you will learn about organisations that give legal help A space has been left
to people. These organisations include the following. on the right of every
page for you to make
Law firms notes about what you
Court assistance are learning.
Community law centres
Specialised agencies

3
LESSON 1: Sources of legal assistance
Legal assistance
At some stage in your life you may encounter a legal problem. There
are three main reasons why you may be involved in a legal problem.
1. You did something illegal.
For example, you may not have paid your taxes.
2. Someone did something wrong or illegal and it affected you.

For example, a person who lives in a property that you own
may have damaged it.
3. There is a dispute between you and another person.

For example, you may have a dispute with your employer
over the terms of your employment contract.
If the legal problem you are involved in is relatively minor, you can
usually sort it out yourself. However if the problem is more serious,
you will probably need legal assistance from a legal professional.
Legal assistance is help that is given

to a person or organisation in relation
to a legal problem. This help may
Legal assistance include legal advice, representation in
court, or negotiation.
Legal assistance is normally given by
a legal professional.
A legal professional is a person, or

group of people, with much legal
knowledge.
Legal The most common type of legal
Professional professional is a lawyer. However, there
are other types of legal professionals
such as immigration advisors, legal
executives, and mediators.

4
Law firms
Law firms are the most common place people go to get legal
assistance. A law firm is made up of people who are trained in law,
including lawyers, legal executives, and legal secretaries. Law firms
work to solve problems and disputes related to the law.
Assistance provided by law firms
Negotiate
Give you legal Process
with another
advice about application forms
party (person or
different aspects for court, visas,
organisation) on
of the law and so on
your behalf
Help you
Represent process the
you in court purchase of a
house or other
property
Note: Normally law firms specialise in a certain area of law

(such as family law, property law, employment law etc). It is
important to go to a law firm that is able to help you with your
specific legal problem.
Costs involved
A lawyer’s help can be very expensive.
Usually lawyers in New Zealand will charge around
$250 per hour.
For some services, such as processing the purchase
of a house, you may be charged a fixed fee. This
means that no matter how many hours it takes to
complete the work, the fee will not change.
It is important to discuss fees with the law firm
before you get them to help you.

5
I have had to use law firms a few times in my life

for things such as buying homes, preparing my
will and dealing with a few disputes that I have
been involved in. Lawyers are expensive, but at
least you know that your issues will be resolved
properly.
IMPORTANT
Only a lawyer who has a practising certificate
is allowed to charge for legal advice or
assistance. If a person does not have a
practising certificate, then it is illegal for them
to give you legal advice for a fee.
You can check if a person has a practising
certificate at the following website:
https://www.lawsociety.org.nz/for-the-
community/search-register-of-lawyers
Try it for Select whether each statement is true or false.

Yourself
1. Law firms help you solve legal problems.
2. Legal Executives can give you legal advice.
3. A law firm is a place to get cheap legal advice.
4. It is important to discuss fees with a lawyer before they start working for you.
5. A lawyer can represent you in Court.

6
Court assistance
All District Courts in New Zealand have a duty solicitor who is able to
provide legal assistance. Their help is only available to people who
have been charged with a crime.
A duty solicitor is a lawyer on duty

at the courts. They provide free
Duty Solicitor legal help to people who have been
charged with a crime and don’t have
their own lawyer.
Assistance provided by a duty solicitor
Tell
you about Ask for your
the offence you case to be
have been charged postponed so you
with and what the can get more
potential outcomes information.
could be.
Tell you about

any possible Help you apply
defence to the for Legal Aid.
charge that you
could have.
Costs involved
A duty solicitor does not charge for their services.
However, they are only able to represent you on
the first day of your trial. After that you will need to
find another lawyer.

7
A few months ago I was involved in a car

accident. The Police found that it was my fault. I
was charged with dangerous driving and asked
to attend court. On the day of my hearing I
discussed my case with a duty solicitor. The duty
solicitor said that they would arrange for my case
to be delayed so that I could have more time to
get proper legal advice from a lawyer.
Try it for Fill in the gaps in the following sentences with an

Yourself appropriate word or phrase.
1. A duty solicitor is a lawyer on duty at the
2. A duty solicitor can help you apply for
3. It costs to use the services of a duty solicitor.
4. A duty solicitor can only help you on the of your hearing.
5. Duty solicitors can only help people who have been

8
Community Law Centres
A Community Law Centre is a place where people can get help with
a legal problem for no cost. There are a number of Community Law
Centres at different cities throughout New Zealand.
Community Law Centres help with legal issues in three key areas.
Assistance provided by Community Law Centres
Representation
in court for people
who cannot afford
Legal advice to pay for it Legal education
Costs involved
Community Law Centres provide legal advice for free.
However, because they are a free service, they can
only give specific information. For example, they
do not give information about property or business
issues.
Generally, Community Law Centres only help people
who cannot afford to pay for legal assistance.
A few years ago I was involved in a dispute over

money loaned to my sister. I went to a Community
Law Centre to get advice about the dispute. A
lawyer who works at the centre wrote a letter to
my sister about the issue. Fortunately, after my
sister received the letter she repaid the amount
she owed me in full.

9
Try it for Read the following text from the national Community
Yourself Law website. Answer the following questions.
We direct our limited resources to people in our community who are vulnerable in some way.
We give one-on-one legal help to people who don’t have much money. We’ll ask you some
questions about your financial situation. If you’re a student, a beneficiary, unemployed or
on a low income, it’s likely that we can give you initial one-on-one legal help.
We help people facing particular kinds of serious legal issues, such as Child, Youth and
Family or Work and Income matters, debt or credit problems, or criminal charges.
We also help people who are vulnerable in other ways, for example if you have trouble
reading; if you’re homeless, transient or in a crisis living situation; if you come from a
refugee background; if you’re adversely affected by disability, mobility issues or mental
illness; or if you’re experiencing violence.
(Source: http://communitylaw.org.nz/free-legal-help/eligibility/)
1. What groups of people are likely to be able to receive legal help from a
Community Law Centre?
2. What are some specific issues that Community Law Centres help with?
3. Community Law Centres help vulnerable people. Give some examples of

vulnerable people in our community.

10
Specialised Agencies
There are many organisations that provide legal advice on a specific

area of law.
We will look at the following specialised agencies.
• Immigration Advisors
• Police Detention Legal Assistance
• Department of Labour
Immigration Advisors
Immigration advisors are able to give you legal assistance related to
immigration matters.
Immigration advisors are able to process immigration

applications and appeal decisions made by
Immigration New Zealand.
Immigration advisors are not allowed to represent you
in court.
Immigration advisors will charge an hourly rate or a
fixed fee for their services. The hourly rate may range
from $80-$200 per hour.
I think it is really useful to get the help of an

Immigration Advisor when applying for a work
visa. I tried to fill out the immigration forms myself
once, but they were so confusing. It was much
easier having an expert to help me complete
these.
Police Detention Legal Assistance

The Police Detention Legal Assistance scheme enables people who
are arrested, held or questioned by the Police to get legal assistance.
Police Detention Legal Assistance is available to

anyone who has been charged or held by the Police.
In some cases, people who are being questioned
have the right to use Police Detention Legal
Assistance. The Police must tell you about your right
to this legal assistance before they question you.

11
You can only choose from a small selection of lawyers

who sign up from the scheme (ie you cannot use your
regular lawyer).
The Police Detention Legal Assistance scheme does
not cover Court cases. You will need to arrange
different legal representation if you are going to Court.
Police Detention Legal Assistance is free, even if you
can afford to pay for a lawyer yourself.
Last weekend I was taken to the Police station

in relation to a suspected theft. The Police said
that I was being arrested and had the right to
Police Detention Legal Assistance. They gave a
list of lawyers who are part of the scheme and
said I could call one. The lawyer I called was really
helpful. He talked to me before my interview with
the Police and gave me some legal advice.”
Department of Labour – Mediation Services

The Department of Labour oversees the way employers and
employees work together in New Zealand. If there is a disagreement
or issue between an employer and employee, the Department of
Labour is able to help through their mediation service.
Mediation is a way to solve problems

or disputes. Mediation occurs when
an expert listens to both sides of a
Mediation
problem. The mediator helps both
sides come to an agreement about
how to solve the problem.
The Department of Labour Mediation Service is

available to any employer and employee with a
dispute or disagreement.
The mediator will give the employee and employer
information about employment law.
The mediator will help the parties sort out their
problems.

12
The mediator cannot make a decision without the

approval of both parties.
If there is no possibility of agreement, the mediation
will be stopped. The dispute will then be heard by the
Employment Relations Authority or the Employment
Court.
The Department of Labour Mediation Service is free.
However, if you want a support person to attend,
such as a lawyer, you will have to pay for this yourself.
A few years ago I had a dispute with one

employee. The employee believed that I was not
giving him the same opportunities as I was giving
to other employees. We attended a mediation
that was arranged through the Department of
Labour. The legal assistance that the Department
of Labour gave was very useful. They highlighted
that although I was doing nothing illegal, I could
show more good faith by giving the employee
more options and opportunities.
Choose the best source of legal assistance for each

Try it for
of the situations below. Explain why the source of
Yourself assistance you select is the best. You may choose from:
• Law firms • Immigration Advisors

• Court Assistance • Police Detention Legal Assistance
• Community Law Centres • Department of Labour Mediation Service
Situation Recommended assistance and reason

Mike has been charged with a drink driving
conviction.
He has arrived at Court and has not talked
to a lawyer yet. He does not know who he
should talk to.
Continued on next page...

13
Situation Recommended assistance and reason

Mary intends to sell her house and buy a
new one.
Andrea wants to apply for New Zealand

citizenship.
She has worked in New Zealand for
four years and would love to live here
permanently.
Mark crashed his flatmate’s car.

Mark does not believe he should be fully
responsible for the crash because the
brakes on his flatmate’s car were not
working well. Mark is currently unemployed.

14
LESSON 2:
Situations that require

legal assistance
Learning Objectives
In this lesson you will learn about legal assistance as well as the
situations that require legal assistance. These situations include:
Employment issues
Housing issues
Land claims
Tenancy problems
Consumer issues
Being charged with a crime
Immigration problems

15
LESSON 2: Situations that require legal assistance
What do What type of legal problems can people have that require
You Think? legal assistance? Brainstorm your ideas below.
Legal
problems
that may
require legal
assistance
There are a number of key areas were you may need legal assistance.
These include:
• Employment issues
• Housing issues
• Land claims
• Tenancy problems
• Consumer issues
• Being charged with a crime
• Immigration problems
Let’s look at how legal professionals can help you if you have a legal
problem in any of the seven areas outlined above.

16
Employment issues
Employers and employees are required to act in good faith in their

dealings with each other. This means that they have to be fair, honest,
and open to each other. They also have to follow their obligations
under New Zealand law.
However, there are times when employers or employees do not act
in good faith or follow their obligations under New Zealand law. This
causes the employer and employee to have a dispute with each other.
Look at the following examples.
Examples of employment issues that may need legal assistance
An employer An employee
A disagreement not giving an not being treated
about overtime employee their legal fairly in the
work and/or pay rights such as holiday workplace
pay, sick leave, and
so on
An
An
employee
employee is
not paid the
not working to
minimum wage
An employee the required
required by
being made standard
law
redundant
I was involved in a dispute with my employer

over the terms of my contract. My employer
said that I was not entitled to six weeks’ annual
leave, even though my contract clearly stated
that I was. I decided to get legal assistance from
the Department of Labour in order to resolve the
disagreement between us.

17
Housing issues
Housing issues relate to issues with the land and buildings on the
property that you own. You may require legal assistance depending
on the seriousness of the situation. Examples of situations that may
require legal assistance include:
Examples of housing issues that may need legal assistance
A dispute
A dispute with with the city
your neighbour over council over your
large trees on their property rates
property
Your
A house house does
you recently not meet the
purchased has requirements of
‘leaky’ issues the building
code
My neighbour wants to add another level to his

home. I am opposed to this because it will block
my view of the lake. I went to a lawyer to see what
my rights are in relation to the issue. The lawyer
said that I have to give my official permission
before the neighbour can add the extra level. I am
pleased I got the advice of a legal professional. I
am not worried about the issue anymore.

18
Land claims
Land claims relate to issues or disputes over who owns or has access
to land.
Examples of land claims that may need legal assistance
Disputes Disputes over

over the boundaries
rights to use a
driveway
Government
The usage of claims to use
shared areas of your land to build
land roading
Note: In New Zealand there are a number of land claims in

relation to Maori land. You may need to talk to a lawyer who
specialises in Maori Land law if you are dealing with a land
claim related to Maori land.
We recently received a letter from our

neighbour’s lawyer. The letter said that we were
not allowed to use our driveway as the driveway
is technically on our neighbour’s land. We
immediately contacted our lawyer to see how we
can approach this situation. He has advised us to
get the land area surveyed. We feel quite stressed
about the situation.

19
Tenancy problems
A person who lives on land or property

Tenant rented from another person (landlord).
It only includes people who have been
named on the tenancy agreement.
Landlord A person who rents out land, a

building, or a home.
Tenants and Landlords are required to follow a law called the

Residential Tenancies Act 1986. They also have to follow any
agreements that have made between each other.
When tenants and landlords do not follow the law or any agreements
made, disputes can arise.
Examples of tenancy problems that may need legal assistance
A landlord
not providing
Damage done to A tenant not
the required notice
a property that is paying all the rent
when asking a
being rented on time
tenant to leave the
property
A
tenant not
A landlord
removing all
accessing the
their possessions
rented property in a
when they leave
way that does not
the property
follow the law
Note: In New Zealand, any tenancy disputes

that cannot be dealt with by the landlord and
tenant themselves must be dealt with through
an organisation called the Tenancy Tribunal. This
organisation will hear about the situation from
both landlord and tenant. A decision will then be
made. A lawyer can only be used in limited cases.

20
Read through the following legal issues. Choose what

Try it for area the issue relates to. State whether you think the
Yourself person should get legal assistance or not, and why you
think this.
The areas you can choose from include:

• Employment issues
• Housing issues
• Land claims
• Tenancy problems
Problem 1: Chen’s boss keeps on making racist comments to her.

Twice she has asked him to stop and has even written a letter to him.
However, Chen’s boss continues to make the racist comments. She
does not know who to talk to as her workplace is small and does not
have a Human Resources department.
Area the problem relates to:
Is legal assistance recommended?
Why?
Problem 2: Andrew owns a unit near the university. Recently

Andrew’s tenants have left the property. When Andrew completed
a final inspection of the property he found that significant damage
had been caused to the home, including four holes in the wall. The
tenants are refusing to pay for the damage caused.

21
Why?
Problem 3: John and his neighbour share a driveway. Recently his

neighbour has stated that John has no legal right to use the driveway.
His neighbour said he will take John to court if he uses it again.
Why?
Problem 4: Sarah has noticed that her driveway has a number of

cracks in it. She has read about ‘sink-holes’ in the newspaper and
she is scared that a sink-hole may occur on her property. She wants
to get a lawyer involved to see what her rights are. The concrete on
the driveway was laid twenty years ago.
Why?

22
Consumer issues
Consumer situations relate to issues or problems that arise when you

buy something or pay someone to do something for you.
A person who buys goods and services

Consumer
for personal use.
Examples of consumer disputes that may need legal assistance
A builder has A package

An electronic holiday you
not renovated
item you recently purchased is not 5
your kitchen as
bought is faulty star as promised
instructed
You were An architect

lied to about has charged
the quality of a you more than
car you recently they initially
purchased quoted
Note: Normally you would only get legal assistance for high-
value items. You would not bother getting legal help for an item
that is low in price (such as an item under $50). Instead, you
would talk to the shop owner directly.
There are many different organisations that can give you professional
legal advice or assistance in relation to consumer issues. For example:
• The Disputes Tribunal can help address issues in relation to
consumer disputes under $15,000.
• The Law Society can give professional advice in relation to
any dispute you have with a lawyer.
• The Motor Vehicle Disputes Tribunal can assist with any
consumer dispute you have in relation to cars purchased from
dealers.

23
Being charged with a crime
If you are arrested or charged with committing a crime, you will need
to get legal assistance.
When someone is arrested by the Police

they are made to stay in Police custody
Arrested because they are suspected of committing a
crime. They have not been formally accused
of committing a crime at this stage.
When someone is charged by the Police,

the Police have decided that the person is
Charged
highly likely to have committed the crime
and they must now go to Court.
Examples of crimes that need legal assistance
Disorderly
Assault Benefit fraud
driving
Driving
Selling illegal
while Burglary
drugs
disqualified
I was charged by the Police with assault. The

duty solicitor at the courts recommended that
I get a lawyer to help represent me. I was really
nervous about the case. My lawyer was really
helpful and reassuring. My lawyer outlined my
options and gave me some very helpful advice.
I was involved in a car accident. The Police said

the accident was my fault as I drove around a
corner too fast. They charged me with dangerous
driving. I hired a lawyer to represent me in Court.

24
Immigration problems
If you are not a New Zealand citizen or permanent resident, you may
need legal assistance with immigration related issues.
Legal assistance from a lawyer or an immigration consultant may be
important for the following situations.
Examples of immigration problems that may need legal assistance.
You do Your You have

not feel application for a received a letter
confident sending visa or residency from the Immigration
applications to has been refused Department that you
the Immigration and you wish to do not understand
Department appeal it
You want to
You have been
know more about
charged with
your options related
breaking the
to staying in New
immigration law
Zealand
I want my sister to come from Ghana to study

in New Zealand. The first application I submitted
to Immigration New Zealand was denied. I have
decided to apply again, but this time I’ll pay for
an Immigration Consultant to help me. They
have more knowledge about how to submit an
application to Immigration New Zealand.
My student visa allows me to work up to 20

hours a week (and no more than this). I am very
careful to stay within this limit, and work only 15
hours each week. I was shocked to get a letter
from Immigration New Zealand saying that I have
been working over 20 hours and have therefore
breached my visa terms and conditions. Before
I respond to Immigration New Zealand’s letter, I
want to get legal assistance.

25
Read through the following legal issues. Choose what

Try it for area the issue relates to. State whether you think the
Yourself person should get legal assistance or not, and why you
think this.
The areas you can choose from include:

• Consumer issues
• Being charged with a crime
• Immigration problems
Problem 1: Jack was recently involved in a car accident in which the

person in the other car was badly injured. Jack was breath tested at
the scene of the accident and he was over the legal alcohol limit.
Jack has been charged with dangerous driving and driving while
intoxicated. He is required to attend court in six weeks’ time.
Why?
Problem 2: Janice bought a chocolate bar from the dairy. When she
opened it, she discovered that it had gone mouldy.
Why?

26
Problem 3: Josef’s application for a work visa was declined.

Josef believes that the Immigration Department have made an error.
He wants to appeal their decision but does not know much about
New Zealand immigration law.
Why?

27
LESSON 3:
Legal Aid
Learning Objectives
In this lesson you will learn about Legal Aid. You will learn about:
what Legal Aid is
using Legal Aid in criminal cases
using Legal Aid in civil disputes
using Legal Aid for Family Court cases
difficulties accessing legal aid
strategies to overcome access difficulties
dealing with multiple issues.
What is Legal Aid?
Legal Aid is financial assistance given by the government so that

people can have access to lawyers and legal information. Legal Aid
is for people who cannot afford to pay for legal assistance. Legal Aid
is only available to New Zealand citizens or permanent residents in
New Zealand.
In relation to Legal Aid, financial

assistance is either:
Financial
1. a full payment of legal fees
Assistance
2. a part payment of legal fees
3. a full or part loan for legal fees.
Types of Legal Aid:
Legal Aid for Legal Aid for Legal Aid for Family
Criminal Cases Civil Disputes Court cases
Let’s look at each type of Legal Aid in more detail.

28
LESSON 3: Legal Aid
Legal Aid for Criminal Cases
You can apply for Legal Aid for criminal cases if you have been
charged with a crime.
Legal Aid for criminal cases is only available if…

You have been charged with a serious crime. This means
that the crime must have a possible prison sentence of
six months or longer AND
Your income and your partner’s income is below a certain
level. If you can afford a lawyer you will not qualify for Legal
Aid.
You can access Legal Aid for criminal cases by:

Going to the District Court to talk to a Duty Solicitor or a
Legal Aid Support Officer about using Legal Aid, OR
Visiting a Community Law Centre about getting Legal Aid
AND
Completing the required form.
You can get the following type of assistance:

The assistance of a law firm that offers Legal Aid to deal
with the crime that you have been charged with.
For example, you can get legal assistance if you have
been charged with assault, burglary, fraud, drug offences
and so on.
You need to make sure that:

You apply for Legal Aid as soon as you are charged with
a crime. If you leave it too late, your lawyer will not have
enough time to help you with your case.
Five years ago I was charged with a drug

offence. I did not have any money to pay for a
lawyer. I contacted my local Community Law
Centre and they help arrange Legal Aid for me. I
received a lawyer who represented me in Court.
My lawyer was able to explain the actual situation
to the court and I was found not guilty.

29
LESSON 3: Legal Aid
Legal Aid for Civil Disputes
You can apply for Legal Aid for civil disputes if you are involved in a
dispute with another person or organisation.
Legal Aid for civil disputes is only available if…

You are involved in a civil dispute that is not before the
Disputes Tribunal, Motor Vehicle Disputes Tribunal, or a
review before Work and Income1 AND
You are not applying on behalf of a company or group of
people AND
Your income and your partner’s income is below a certain level.
If you can afford a lawyer you will not qualify for Legal Aid.
You can access Legal Aid for civil disputes by:

Contacting a Community Law Centre or a law firm that
offers Legal Aid services AND
Supplying personal information to show that your income
(and your partner’s income) is below a certain level and that
you have no previous Legal Aid debt AND

The assistance of a law firm to deal with the dispute that
you are involved in. A lawyer may be able to help you solve
the problem outside the Court system.
Examples of Courts that a lawyer can represent you at include:
Employment Court, Environment Court, Human Rights
Tribunal, Maori Land Court, Tenancy Tribunal and so on.

You try to solve the dispute with the other party before
you apply for Legal Aid. (This will increase your chances
of getting accepted for Legal Aid.)
You supply accurate documentation and inform your
lawyer if there have been any changes to your financial
situation or your family situation.
1
There are some other situations where a person is not eligible for Legal Aid such as certain
immigration disputes, disputes with universities or schools.

30
LESSON 3: Legal Aid
Legal Aid for Family Court cases
You can apply for Legal Aid for if you are involved in a case that is
heard by the Family Court.
The Family Court is a special court in

Family Court New Zealand that deals with family
and relationship issues.
Legal Aid for Family Court cases is only available if…

You are involved in a case that is before the Family Court
AND
Your income (and your partner’s income) is below a
certain level. If you can afford a lawyer you will not qualify
for Legal Aid AND
You are not applying for a dissolution (formal end of) your
marriage.
You can access Legal Aid for Family Court cases by:
Contacting a Community Law Centre or a law firm that
offers Legal Aid services AND
Supplying personal information to show that your income
(and your partner’s income) is below a certain level and
that you have no previous Legal Aid debt AND

The assistance of a lawyer that specialises in family law
to assist you with your case.
Examples of issues that lawyers can assist with include
issues related to guardianship of children, relationship
property, the family home, and so on.

You try to solve the dispute with the other party before
applying for Legal Aid.
You supply accurate documentation and inform your
lawyer if there have been any changes to your financial
situation or your family situation.

31
LESSON 3: Legal Aid
Try it for Do you think that Legal Aid would be available to the
Yourself following people? Why? Why not? Explain.
1. John wants to formally dissolve his marriage to Sarah. He wants Legal Aid to
cover his expenses.
2. Mary is being charged with fraud for allegedly stealing money from the company
that she works for.
3. John is a doctor who earns over $150,000 a year. He wants to get Legal Aid to
cover a relationship property issue that he has.
4. Lucy is 18 and has recently received a driving-related charge. The maximum

penalty is three months in prison.
5. Aaron is charged with assault. The police said he could go to jail for six months.

32
LESSON 3: Legal Aid
Difficulties accessing Legal Aid
There are a number of difficulties that people can have accessing

Legal Aid. These difficulties can prevent a person from getting the
legal assistance that they need.
Look at the following specific examples of difficulties below.
Not knowing the law

“The laws in my home country are very different to the laws in New Zealand.
When I first arrived in New Zealand, I didn’t know that there are laws that
protect me and that I can go to the Police to get these laws enforced.”
Not meeting Legal Aid requirements

“I earn too much money to receive Legal Aid. However, I don’t have any
money saved to pay for a lawyer myself. I think I may have to give up on
my case.”
Not knowing about sources of assistance

“I just arrived in New Zealand three months ago. I didn’t know that there
are places like Legal Aid available to help me.”
Communication barriers
“When I first arrived in New Zealand I was involved in a legal dispute. I
couldn’t speak English well and was not able to tell my lawyer clearly
about my problem. I missed out on getting Legal Aid because of this
communication barrier.”
Cultural barriers
“In my home country males and females do not mix with each other unless
they are related. It is inappropriate for me to get legal advice from a man
without taking a male family member with me.”
Living far from a law firm that offers Legal Aid

“I live far from a law firm that offers Legal Aid. This means that I cannot
meet with my lawyer to discuss my case very often, especially since I do
not have reliable access to transportation.”

33
LESSON 3: Legal Aid
Can you think of any other examples of specific

Try it for difficulties that people may face in relation to accessing
Yourself Legal Aid?
Find one example for each of the following difficulties:
Not knowing the law
Not knowing about sources of assistance
Communication barriers
Cultural barriers

34
LESSON 3: Legal Aid
Strategy to overcome difficulties
It is important to think about strategies to overcome difficulties that

people have accessing Legal Aid.
Look at the specific strategies that the following people could use
so that they can have access to Legal Aid, or another form of legal
assistance.
Problem Strategy
Not knowing the law Talk to Migrant Services about legal
Not knowing that Police or processes in New Zealand. Talk
government agencies offer services to to a friend, who has lived in New
help people. Zealand for many years, about their
experiences.
Not meeting Legal Aid requirements Talk to the Community Law Centre
Earning too much to receive legal aid, about your options. There may be a
but not having other available funds. law firm that is willing to let you pay
your legal bill in instalments.
Not knowing about sources of Visit a Citizens Advice Bureau to see

assistance the different types of legal services
Not knowing that Legal Aid can pay available. Alternatively, search different
for legal fees in some situations. sources of assistance on the internet.
Communication barriers Ask a trusted friend to attend the

Not being able to clearly explain your meeting with you so that they can
situation (and therefore apply for Legal translate. Alternatively, you could
Aid). request the use of a translation
service.
Cultural barriers Before the first meeting, request that

Not being comfortable dealing with you deal with a female lawyer who
people of the opposite gender. offers Legal Aid.
Living far from a law firm that offers Ask that you be able to talk to your
Legal Aid Legal Aid lawyer over the phone and
Not living close to a law firm that via email, instead of meeting them
offers legal aid, limited transportation. face-to-face.

35
LESSON 3: Legal Aid
Read the following situations. Identify which difficulty

Try it for each person is facing, based on the list below. Give one
Yourself strategy the person could use to overcome the difficulty.
Not knowing the law Not knowing about Cultural barriers

sources of assistance
Not meeting Legal Aid Living far from a law firm
requirements Communication barriers that offers Legal Aid
1. I want a male lawyer that offers Legal Aid assistance. According to my traditions,
it is inappropriate for a male to work with a female.
Difficulty type:
Strategy to overcome difficulty:
2. I live in Lumsden in the South Island. The nearest lawyer that offers Legal Aid
assistance is about three hours’ drive away.
Difficulty type:
3. I was charged by the Police for disorderly driving. I don’t understand my charges
at all! I have been advised to access Legal Aid.
Difficulty type:

36
LESSON 3: Legal Aid
4. I was told that my income was too high to get any sort of Legal Aid assistance
for the case that I am involved in.
Difficulty type:
5. I felt like my Legal Aid lawyer didn’t really understand me. I have tried to tell
him about the details of my case, but I don’t think he understands it from my
perspective.
Difficulty type:
6. I am involved in a court case over a contract dispute. I don’t want to continue

with the case as the lawyer’s fees are so high! I am not eligible for Legal Aid.
Difficulty type:

37
LESSON 3: Legal Aid
Dealing with multiple issues
There may be situations where one person has to deal with a number
of difficulties at once. For example, a person may have to deal
with cultural barriers, communication issues, and problems with
knowledge of the law.
In such situations, it is important to come up with an overall strategy
that deals with each issue.
Look at the following example.
Rika is a permanent resident in New Zealand, although she is originally

from Cambodia. A few weeks ago Rika was involved in a traffic accident.
Unfortunately, Rika has been charged by the Police with driving without a licence
and dangerous driving, causing injury to another person.
Rika is currently out of work and does not have much money to spend on going
to Court. She knows that in Cambodia there are no agencies that can help in such
situations, but she doesn’t know if there are any agencies in New Zealand.
She wants to talk to a legal professional about her case and how she should approach it,
but she does not speak English well. She is scared that she won’t be able to clearly tell the
lawyer what happened.
Rika currently lives on a farm. It takes 30 minutes by car to get to the closest town, and she
does not have her driver’s licence. She normally relies on her friend to drive her around and
to translate for her.
Rika has three main issues to deal with:

1. Rika doesn’t know if there are any services that can help pay for
her legal fees
2. Rika cannot speak English fluently and isn’t confident telling her
lawyer about the situation
3. Rika lives quite far from the nearest law office that offers Legal Aid.
SOLUTION:
One solution that could help Rika with these difficulties could be
asking her friend to help her. Her friend could:
a) use the internet to search information about Legal Aid and
then make appropriate phone calls
b) her friend could translate for Rika when Rika meets her lawyer
c) Rika’s friend could drive Rika into town when Rika needs to
meet her lawyer and go to Court.
If Rika’s friend is unable to help, Rika may need to contact another
member of her community to help her.

38
LESSON 3: Legal Aid
Try it for Read the following situation that Michael is in. Answer
Yourself the questions that follow.
Michael lives in Wright’s Bush. Wright’s Bush is a small isolated community. The
nearest town is three hours away. Michael earns $60,000 a year as a worker on a dairy
farm. He works six days per week, from 5:00am to 5:00pm each day. He spends most
of his income on his hobby, renovating old cars, which means he has no money in his
savings account.
Michael is deaf. He finds it difficult to communicate with people if he cannot see their
faces, or if people do not use sign language when speaking with him.
Recently Michael was charged with driving with excess alcohol on his breath as well as
dangerous driving. He could face a maximum prison time of 9 months.
Michael’s parents also live in Wright’s Bush and Michael visits them often. Both his
parents can use sign language.
1. Michael wants to get Legal Aid assistance; however, he faces a number of

barriers. Name three possible barriers that Michael may face in relation to
receiving Legal Aid.
Note: Michael’s income is over the Legal Aid threshold. This means he is not able
to get his legal fees fully paid for by Legal Aid.
Barrier 1:
Barrier 2:
Barrier 3:

39
LESSON 3: Legal Aid
2. Describe one strategy that Michael could implement to overcome the barriers he
is facing.

40
Glossary
annual leave Paid time off work given by employers to employees.

appropriate Suitable or proper.
arrested To take someone into custody by using legal authority.
boundary A line which marks an area.
breach To break a law or agreement.
building code A set of rules outlining how a house or building should be formed.
charged To formally accuse someone of committing a crime.
citizen A person who has full rights to live in a country.
detention Being made to stay in a certain place.
dispute Argument, disagreement.
dissolution Formally ending a partnership or marriage.
enforce To make someone follow a certain law.
financial assistance Help with payments – either in the form of a full or part payment, or a full or part loan.
gender Being male or female.
good faith Acting honestly and fairly.
illegal Against the law, not legal.
immigration A person who helps deal with immigration matters, such a getting visas,
consultant and discussing cases with Immigration New Zealand.
intoxicated Being drunk.
landlord The owner of a home that is rented out.
legal executive A person who helps a lawyer with legal work.
mediation A way to deal with disputes, in which an expert helps the parties involved
come to an agreement.
mediator An expert that oversees and leads a mediation.
negotiation A way to deal with disputes, in which the parties involved come to an agreement.
party The people involved in a dispute or a legal agreement.
permanent resident A person who has the right to live in New Zealand permanently (all the time).
rates Fees charged by the local council for roading, street lights, rubbish
collection, libraries etc.
representation The act of speaking for someone else.
solicitor A lawyer who mainly does work outside the courts.
tenancy Having the right to use property as a tenant.
tenancy A contract between a landlord and tenant. It records all the key things
agreement that a landlord and tenant have agreed on about the tenancy.
tenant A person who lives in land rented from a landlord.
tribunal A special court that settles certain types of disputes.
visa A document that gives a person the right to enter a country.
vulnerable People who are at a high risk of being harmed (either physically,
emotionally, financially etc).

41

42

43

21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
© ATC New Zealand


8548v5a Learners Guide

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

8548v5a Learners Guide

Transféré par

Droits d'auteur :

Formats disponibles

US 8548 v5a

Unit Standard 8548

US8548v5a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US8548v5a Learner's Guide

US8548v5a Learner's Guide Licensed to Western Heights High School

Sources of legal assistance 2

Situations that require legal assistance 14

Licensed to Western Heights High School US8548v5a Learner's Guide

US8548v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Sources of legal assistance

2. Someone did something wrong or illegal and it affected you.

3. There is a dispute between you and another person.

Legal assistance is help that is given

A legal professional is a person, or

Licensed to Western Heights High School US8548v5a Learner's Guide

LESSON 1: Sources of legal assistance

Assistance provided by law firms

Note: Normally law firms specialise in a certain area of law

US8548v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Sources of legal assistance

I have had to use law firms a few times in my life

Try it for Select whether each statement is true or false.

1. Law firms help you solve legal problems.

2. Legal Executives can give you legal advice.

3. A law firm is a place to get cheap legal advice.

5. A lawyer can represent you in Court.

Licensed to Western Heights High School US8548v5a Learner's Guide

LESSON 1: Sources of legal assistance

A duty solicitor is a lawyer on duty

Assistance provided by a duty solicitor

Tell you about

US8548v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Sources of legal assistance

A few months ago I was involved in a car

Try it for Fill in the gaps in the following sentences with an

1. A duty solicitor is a lawyer on duty at the

2. A duty solicitor can help you apply for

3. It costs to use the services of a duty solicitor.

4. A duty solicitor can only help you on the of your hearing.

5. Duty solicitors can only help people who have been

Licensed to Western Heights High School US8548v5a Learner's Guide

LESSON 1: Sources of legal assistance

Community Law Centres

Assistance provided by Community Law Centres

A few years ago I was involved in a dispute over

US8548v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Sources of legal assistance

3. Community Law Centres help vulnerable people. Give some examples of

Licensed to Western Heights High School US8548v5a Learner's Guide

LESSON 1: Sources of legal assistance

There are many organisations that provide legal advice on a specific

Immigration advisors are able to process immigration

I think it is really useful to get the help of an

Police Detention Legal Assistance

Police Detention Legal Assistance is available to

US8548v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Sources of legal assistance

You can only choose from a small selection of lawyers

Last weekend I was taken to the Police station

Department of Labour – Mediation Services

Mediation is a way to solve problems

The Department of Labour Mediation Service is

Licensed to Western Heights High School US8548v5a Learner's Guide