New Zealand Local Government And Human Rights
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New Zealand Local Government And Human Rights
Local government bodies in New Zealand have responsibilities under the Local Government Act 2002 (LGA) to perform a wide range of functions, and provide a wide range of services to the communities they represent. There is not an explicit focus on human rights in New Zealand local government, or any direct reference to human rights under the LGA. Local bodies in New Zealand are required to act in a way that is consistent with the rights guaranteed under the New Zealand Bill of Rights Act 1990 (NZBORA). Internationally there is growing consideration of how local government does and could promote and protect fundamental rights. Local government in New Zealand The purposes and functions of local government in New Zealand are provided for in a number of statutes. The key statute is the LGA. It states the purpose of local government as being to enable democratic local decision-making and action by, and on behalf of, communities. It requires local authorities to act in an open, transp ...
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Local Government In New Zealand
New Zealand has a unitary system of government in which the authority of the central government defines sub-national entities. Local government in New Zealand has only the powers conferred upon it by the New Zealand Parliament. In general, local authorities are responsible for enabling democratic local decision-making and promoting the social, economic, environmental, and cultural well-being of their communities, as well as more specific functions for which they have delegated authority. , seventy-eight local authorities cover all areas of New Zealand. Local authorities are positioned within a two-tier structure of territorial authorities (district and city councils) and superimposed regional councils. In addition, district health boards are locally-elected bodies with responsibilities for oversight of health and disability services within a specified area, although these boards are not generally considered to be local authorities in the conventional sense. History The mode ...
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Local Government Act 2002
The Local Government Act 2002 (sometimes known by its acronym, LGA) is an Act of New Zealand's Parliament that defines local government in New Zealand. There are 73 territorial authorities (local districts), each with an elected Mayor and elected Councillors. The districts are grouped under 12 regional authorities. History Local government in New Zealand derives its powers from statute rather than from any constitutional authority, there being no formal written constitution. Its origins can be found in the Municipal Corporations Act (1876), and it was built on the principle of ''ultra vires'' and that local government (the same as companies) can only do those things it is specifically authorised to do, and can not do anything it is not authorised to do. This requirement to have specific legislative authorisation resulted in a hodge podge of amendments to the local government legislation. For example, one of the former Local Government Act 1974's highly prescriptive provisions ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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New Zealand Bill Of Rights Act 1990
The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the Attorney-General to provide a report to parliament whenever a bill is inconsistent with the bill of rights. The High Court of New Zealand in ''Taylor v Attorney-General'' issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been unjustified under NZBORA. On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration, and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations. History ...
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International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ...
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Minority Rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States). Issues of minority rights may intersect with debates over historical redress or over positive discrimination. History Prior to the Paris Peace Conference (1919–1920), the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. ...
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International Human Rights Law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of ''political'' obligation. International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of a state during armed conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that internatio ...
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Māori People
The Māori (, ) are the indigenous Polynesian people of mainland New Zealand (). Māori originated with settlers from East Polynesia, who arrived in New Zealand in several waves of canoe voyages between roughly 1320 and 1350. Over several centuries in isolation, these settlers developed their own distinctive culture, whose language, mythology, crafts, and performing arts evolved independently from those of other eastern Polynesian cultures. Some early Māori moved to the Chatham Islands, where their descendants became New Zealand's other indigenous Polynesian ethnic group, the Moriori. Initial contact between Māori and Europeans, starting in the 18th century, ranged from beneficial trade to lethal violence; Māori actively adopted many technologies from the newcomers. With the signing of the Treaty of Waitangi in 1840, the two cultures coexisted for a generation. Rising tensions over disputed land sales led to conflict in the 1860s, and massive land confiscations, to which ...
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Human Rights Commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as national human rights institutions or (usually temporary) truth and reconciliation commissions. International National or subnational bodies National and sub-national human rights commissions have been established in a number of countries for the promotion and protection of their citizens' human rights, and most commissions are public bodies but with some degree of independence from the state. In other countries the ombudsman performs that role. The commissions below are state-sponsored except where indicated. Africa Asia-Pacific Europe Americas See also *Truth and reconciliation commission *Ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by t ...
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Auckland Council
Auckland Council ( mi, Te Kaunihera o Tāmaki Makaurau) is the local government council for the Auckland Region in New Zealand. It is a territorial authority that has the responsibilities, duties and powers of a regional council and so is a unitary authority, according to the Local Government (Auckland Council) Act 2009, which established the council. The governing body consists of a mayor and 20 councillors, elected from 13 wards. There are also 149 members of 21 local boards who make decisions on matters local to their communities. It is the largest council in Oceania, with a $3 billion annual budget, $29 billion of ratepayer equity, and 9,870 full-time staff as of 30 June 2016. The council began operating on 1 November 2010, combining the functions of the previous regional council and the region's seven city and district councils into one "super council" or "super city". The council was established by a number of Acts of Parliament, and an Auckland Transition Agency, als ...
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Local Government New Zealand
Local Government New Zealand Te Kahui Kaunihera ō Aotearoa (LGNZ) is the local government association of New Zealand. It represents the interests of the regional, city, and district councils in New Zealand. History The Association was formed in 1988 when, confronted with pending local government reform, the Municipal Association and the Counties Association agreed to merge into a single local government association. Two years later, in 1990, the New Zealand Regional Government Association (representing the nation's regional councils) agreed to join. In 1996 the amalgamated association adopted the brand name Local Government New Zealand. About Local Government New Zealand carries out a range of functions. It advocates for local democracy and promotes best practice in governance and delivery of local government services. Local government in New Zealand own 90% of the road network, most of the country's water and waste water networks, as well as recreation and community f ...
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International Covenant On Economic, Social And Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living. As of July 2020, the Covenant has 171 parties. A further four countries, including the United States, have signed but not ratified the Covenant. The ICESCR (and its Optional Protocol) is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols. The Covenant is monitored by the ...
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