scholarly journals In Search of a Treaty Partner: Who, or What, is 'the Crown'?

2021 ◽  
Author(s):  
◽  
Janine Alyth Deaker Hayward
Keyword(s):  
New Zealand ◽  
Resource Management ◽  
Local Government ◽  
Theoretical Analysis ◽  
Case Studies ◽  
Future Development ◽  
Central Government ◽  
Unique Position ◽  
Treaty Of Waitangi

<p>In New Zealand, 'the Crown' is frequently referred to in contemporary discourse relating to the Treaty of Waitangi. This thesis investigates the identity of 'the Crown' as a treaty partner with Maori. There are major problems in identifying the Crown, and these problems have serious implications for the 'Maori' treaty partner. First, there is a problem of consistency in the identity of the Crown. Analysis shows that a range of institutions and individuals involved in the negotiation of treaty issues in contemporary New Zealand society is identified as 'the Crown'. The application of theoretical analysis of the role of symbols in politics shows that the Crown symbol is frequently used and widely applied in treaty debate. This is, it is argued, because use of 'the Crown' brings legitimacy and authority to the actions and policies of those entities it identifies. The flexibility and popularity of 'the Crown' symbol creates a problem for Maori, however, because 'the Crown' is not consistently naming the same thing. There is a second major and interrelating problem: the evolution of the Crown. In 1840, 'the Crown' title was used in relation to the Queen, and later was used to describe settler government. Most recently 'the Crown' has come to incorporate local and regional as well as central government. This evolution in the identity of the Crown has frustrated attempts by Maori to identify and negotiate with their treaty partner. In particular, case studies of local government and resource management law reforms in New Zealand demonstrate that Maori themselves have attempted to resist the evolution of the Crown and assert their own interpretation of the appropriate identity for their treaty partner. Having demonstrated the problems of 'the Crown' as well as the frequency of its use, there is the question of the broader constitutional relationship between Māori and the Crown to consider. A discussion of the role of the Crown in Canada illustrates some of the points made earlier in the thesis and demonstrates the unique position of the Crown in New Zealand. In addition, it is argued with regard to constitutional reforms facing New Zealand in the 1990s, that the future development of New Zealand's rapidly evolving constitution must consider the particular relationship between Maori and the Crown.</p>

scholarly journals In Search of a Treaty Partner: Who, or What, is 'the Crown'?

2021 ◽  
Author(s):  
◽  
Janine Alyth Deaker Hayward
Keyword(s):  
New Zealand ◽  
Resource Management ◽  
Local Government ◽  
Theoretical Analysis ◽  
Case Studies ◽  
Future Development ◽  
Central Government ◽  
Unique Position ◽  
Treaty Of Waitangi

<p>In New Zealand, 'the Crown' is frequently referred to in contemporary discourse relating to the Treaty of Waitangi. This thesis investigates the identity of 'the Crown' as a treaty partner with Maori. There are major problems in identifying the Crown, and these problems have serious implications for the 'Maori' treaty partner. First, there is a problem of consistency in the identity of the Crown. Analysis shows that a range of institutions and individuals involved in the negotiation of treaty issues in contemporary New Zealand society is identified as 'the Crown'. The application of theoretical analysis of the role of symbols in politics shows that the Crown symbol is frequently used and widely applied in treaty debate. This is, it is argued, because use of 'the Crown' brings legitimacy and authority to the actions and policies of those entities it identifies. The flexibility and popularity of 'the Crown' symbol creates a problem for Maori, however, because 'the Crown' is not consistently naming the same thing. There is a second major and interrelating problem: the evolution of the Crown. In 1840, 'the Crown' title was used in relation to the Queen, and later was used to describe settler government. Most recently 'the Crown' has come to incorporate local and regional as well as central government. This evolution in the identity of the Crown has frustrated attempts by Maori to identify and negotiate with their treaty partner. In particular, case studies of local government and resource management law reforms in New Zealand demonstrate that Maori themselves have attempted to resist the evolution of the Crown and assert their own interpretation of the appropriate identity for their treaty partner. Having demonstrated the problems of 'the Crown' as well as the frequency of its use, there is the question of the broader constitutional relationship between Māori and the Crown to consider. A discussion of the role of the Crown in Canada illustrates some of the points made earlier in the thesis and demonstrates the unique position of the Crown in New Zealand. In addition, it is argued with regard to constitutional reforms facing New Zealand in the 1990s, that the future development of New Zealand's rapidly evolving constitution must consider the particular relationship between Maori and the Crown.</p>

scholarly journals Empowerment of local government in New Zealand: A new model for contemporary local-central relations?

2008 ◽  
pp. 30-48 ◽  
Author(s):  
Christine Cheyne
Keyword(s):  
New Zealand ◽  
Local Government ◽  
Government Policy ◽  
Central Government ◽  
Social Economic ◽  
Intergovernmental Relations ◽  
Balance Of Power ◽  
Significant Shift ◽  
The Relationship

Since 2000 intergovernmental relations in New Zealand have been evolving rapidly as a result of a significant shift in government policy discourse towards a strong central-local government partnership. New statutory provisions empowering local government to promote social, economic, environmental and cultural wellbeing have significant implications for the range of activities in which local authorities are engaged. In turn, this has consequences for the relationship between local government and central government. The effectiveness of the new empowerment and the prospects for further strengthening of the role of local government are critically examined. Despite some on-going tensions, and an inevitable mismatch in the balance of power between central and local government, it is argued that there is a discernible rebalancing of intergovernmental relations as a result of new legislation and central government policy settings which reflect a ‘localist turn’. On the basis of developments since 2000 it may be argued that the New Zealand system of local government is evolving away from the recognised ‘Anglo’ model. However, further consolidation is needed in the transformation of intergovernmental relations and mechanisms that will cement a more genuine central-local government partnership.

scholarly journals Comparative Local Governance: Lessons from New Zealand for Japan

2021 ◽  
Author(s):  
◽  
Harufumi Shiba
Keyword(s):  
New Zealand ◽  
Local Government ◽  
Case Studies ◽  
Central Government ◽  
Local Governance ◽  
Cultural Influences ◽  
Financial Economic ◽  
Policy Transfer ◽  
Power Balance ◽  
Local Authorities

<p><b>This study concerns local governance in Japan and whether lessons can be derived from New Zealand and other countries. There are significant differences in the constitutional arrangements of Japan and New Zealand and the history and cultural influences that shape local governance in each country. The case studies, which compare three different policy areas in both countries, confirm, however, the usefulness of the comparative analysis.</b></p> <p>This is not a parallel comparison; the focus is more on lesson learning from different systems and styles of local administrations. The Japanese local government sector is more subject to control and guidance from the centre. A premise of this study is that that a greater degree of autonomy for local government in Japan will be beneficial.</p> <p> ‘Governance’ is a term used in different ways in many contexts. In this study emphasis is placed on the ‘means for achieving direction, control and coordination of individual or organizational units on behalf of their common interests’ (Hill and Lynn Jr, 2004, p. 6). It is associated with the notion of ‘steering’ rather than ‘rowing (Osborne and Gaebler, 1993). Governance is not synonymous with government. In a decentralised environment, local governance concerns the way different interests are settled among, broadly, central government, local authorities and communities.</p> <p> The power balance among central government, local authorities and communities is at the centre of analysis in this study. Six case studies in roading administration, environmental management and emergency management identify characteristics of the so-called ‘strong’ Japanese state while revealing both positives and potential pitfalls of autonomous local governance in New Zealand. Each of the cases is assessed against five criteria ― local capability, responsiveness, coordination, sustainability and financial/economic viability ― and classified as one of eight hypothetical governance ‘types’. Imposed relationships are often observed in Japan, which is contrasted with more consensual multilateral interactions in New Zealand. Constituents of the Japanese power balance include constant administrative guidance (gyosei shido), human resource management (including amakudari) and other ‘informal enforcement’, whereas devolution, contracts and strategic guidance are more conspicuous in New Zealand.</p> <p>Breaking the inertia of age-old practices in Japan would not be an easy task as unsuccessful attempts to reform local government in the past indicate. Political and administrative interests at both agent and institutional levels are inevitably involved. The power balance results not only from strict hierarchy and longstanding institutional influences from the centre, but also from the passiveness of local authorities and communities. Altering the power balance and the nature of local governance can be triggered and sustained in various ways: New Zealand experiences through policy transfer examined in this study can provide useful insights.</p>

scholarly journals The role of local bodies

1978 ◽  
Vol 11 (1) ◽  
pp. 40-42
Author(s):  
M. Fowler
Keyword(s):  
New Zealand ◽  
Local Government ◽  
Earthquake Prediction ◽  
Central Government ◽  
Earthquake Risk ◽  
Historical Records ◽  
Earthquake Resistant ◽  
Civil Defence ◽  
New Buildings

Responsible local authorities throughout New Zealand anticipate a recurrence of earthquakes which experience and historical records have proven. Some have declared themselves bound by the M.C. Act, Clause 301A, which requires earthquake risk buildings demolished or upgraded to at least a minimal acceptable standard. All are bound to require new buildings to conform to present earthquake resistant codes, and most have established
a Civil Defence organisation. None are programmed to operate upon the advice of the anticipated time of a predicted earthquake. Yet the application of the science of Earthquake Prediction will require not only the total co-operation of Central Government, but even more importantly that of Local Government to align the population to the worthwhileness
 of heeding both false and true predictions.

scholarly journals Comparative Local Governance: Lessons from New Zealand for Japan

2021 ◽  
Author(s):  
◽  
Harufumi Shiba
Keyword(s):  
New Zealand ◽  
Local Government ◽  
Case Studies ◽  
Central Government ◽  
Local Governance ◽  
Cultural Influences ◽  
Financial Economic ◽  
Policy Transfer ◽  
Power Balance ◽  
Local Authorities

<p><b>This study concerns local governance in Japan and whether lessons can be derived from New Zealand and other countries. There are significant differences in the constitutional arrangements of Japan and New Zealand and the history and cultural influences that shape local governance in each country. The case studies, which compare three different policy areas in both countries, confirm, however, the usefulness of the comparative analysis.</b></p> <p>This is not a parallel comparison; the focus is more on lesson learning from different systems and styles of local administrations. The Japanese local government sector is more subject to control and guidance from the centre. A premise of this study is that that a greater degree of autonomy for local government in Japan will be beneficial.</p> <p> ‘Governance’ is a term used in different ways in many contexts. In this study emphasis is placed on the ‘means for achieving direction, control and coordination of individual or organizational units on behalf of their common interests’ (Hill and Lynn Jr, 2004, p. 6). It is associated with the notion of ‘steering’ rather than ‘rowing (Osborne and Gaebler, 1993). Governance is not synonymous with government. In a decentralised environment, local governance concerns the way different interests are settled among, broadly, central government, local authorities and communities.</p> <p> The power balance among central government, local authorities and communities is at the centre of analysis in this study. Six case studies in roading administration, environmental management and emergency management identify characteristics of the so-called ‘strong’ Japanese state while revealing both positives and potential pitfalls of autonomous local governance in New Zealand. Each of the cases is assessed against five criteria ― local capability, responsiveness, coordination, sustainability and financial/economic viability ― and classified as one of eight hypothetical governance ‘types’. Imposed relationships are often observed in Japan, which is contrasted with more consensual multilateral interactions in New Zealand. Constituents of the Japanese power balance include constant administrative guidance (gyosei shido), human resource management (including amakudari) and other ‘informal enforcement’, whereas devolution, contracts and strategic guidance are more conspicuous in New Zealand.</p> <p>Breaking the inertia of age-old practices in Japan would not be an easy task as unsuccessful attempts to reform local government in the past indicate. Political and administrative interests at both agent and institutional levels are inevitably involved. The power balance results not only from strict hierarchy and longstanding institutional influences from the centre, but also from the passiveness of local authorities and communities. Altering the power balance and the nature of local governance can be triggered and sustained in various ways: New Zealand experiences through policy transfer examined in this study can provide useful insights.</p>

OPTIMALISASI PERAN PEMDA DALAM MENGATASI KENDALA PELAKSANAAN KONSERVASI KEANEKARAGAMAN HAYATI DI DAERAH (STUDI KASUS PROVINSI BENGKULU)

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah
Keyword(s):  
Local Government ◽  
Biodiversity Conservation ◽  
Local Governments ◽  
Central Government ◽  
Wild Plants ◽  
Regional Government ◽  
Conservation Areas ◽  
Conservation Area ◽  
Conservation Policies

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis

scholarly journals The role of science in setting water resource use limits: case studies from New Zealand

2014 ◽  
Vol 59 (3-4) ◽  
pp. 844-859 ◽  
Author(s):  
T.H. Snelder ◽  
H.L. Rouse ◽  
P.A. Franklin ◽  
D.J. Booker ◽  
N. Norton ◽  
...  
Keyword(s):  
New Zealand ◽  
Case Studies ◽  
Water Resource ◽  
Resource Use

scholarly journals THE ROLE OF LOCAL GOVERNMENTS IN REGIONAL FINANCIAL MANAGEMENT FOR THE HANDLING OF THE COVID-19 PANDEMIC

Yurispruden ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 208
Author(s):  
Fahrul Abrori
Keyword(s):  
Local Government ◽  
Research Methods ◽  
Financial Management ◽  
Local Governments ◽  
Central Government ◽  
Fiscal Decentralization ◽  
The Government ◽  
The Stability ◽  
The Relationship

 ABSTRAKPandemi Covid-19 yang terjadi di Indonesia membuat pemerintah membuat kebijakan-kebijakan sebagai stimulus untuk menjaga kestabilan masyarakat dan perekonomian. Pemerintah pusat memberikan kewenangan kepada pemerintah daerah untuk mengelola keuangan daerah untuk menangani covid-19 di daerah masing-masing. Hal ini disebabkan karena pemerintah daerah lebih memahami kebutuhan daerahnya. Permasalahan yang diangkat Pertama, bagaimana hubungan Pemerintah Pusat dan Pemerintah Daerah dalam pengelolaan keuangan untuk penanganan pandemi Covid-19? Kedua, Apa peran Pemerintah Daerah dalam pengelolaan keuangan daerah untuk penanganan pandemi Covid-19? Menggunakan metode penelitian yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konsep. Hubungan Pemerintah Pusat dan Pemerintah Daerah dalam Pengelolaan Keuangan untuk Penanganan Pandemi Covid-19 yaitu desentralisasi fiskal yang mana. Peran Pemerintah Daerah dalam Pengelolaan Keuangan Daerah untuk Penanganan Pandemi Covid-19 yaitu dengan melakukan refocusing kegiatan, realokasi anggaran, dan Penggunaan Anggaran Pendapatan dan Belanja Daerah.Kata kunci: Pemerintah Daerah, Pengelolaan Keuangan Daerah, Pandemi Covid-19 ABSTRACTThe Covid-19 pandemic in Indonesia led the government to make policies as a stimulus to maintain the stability of society and the economy. The central government authorizes local governments to manage local finances to deal with covid-19 in their respective regions. This is because the local government better understands the needs of the region. The issue raised first, how is the relationship between the Central Government and Local Government in financial management for the handling of the Covid-19 pandemic? Second, What is the role of local governments in regional financial management for the handling of the Covid-19 pandemic? Using normative juridical research methods with statutory approaches and concept approaches. The relationship between the Central Government and Local Government in Financial Management for the Handling of the Covid-19 Pandemic is fiscal decentralization. The role of local governments in regional financial management for the handling of the Covid-19 pandemic is by refocusing activities, reallocating budgets, and using regional budgets.Keywords: Local Government, Regional Financial Management, Covid-19 Pandemic

scholarly journals New directions in New Zealand local government

2010 ◽  
pp. 158-175 ◽  
Author(s):  
Peter McKinlay
Keyword(s):  
New Zealand ◽  
Local Government ◽  
Local Governments ◽  
Economies Of Scale ◽  
New Public Management ◽  
Business Community ◽  
Local Authorities ◽  
Proper Role ◽  
Starting Point

The purpose of this paper is to provide a ‘work in progress’ report on some initiatives emerging from local government practice in New Zealand which should help us consider how we think about the role of local government in a world which is undergoing dramatic change. The starting point is work which the writer undertook with the support of Local Government New Zealand (the national association) and a number of New Zealand councils considering the ‘proper role’ of local government. The context is an ongoing public debate driven substantially by the New Zealand business community from a perspective that this ‘proper role’ should be restricted to the delivery of local public goods, narrowly defined. This has included argument that local governments themselves should be structured substantially to promote the efficient delivery of services generally within the now well understood prescriptions of the ‘new public management’. One implication which the business sector in particular drew in looking at the workings of local government was that there should be economies of scale through further amalgamation of councils (the local government sector having been through a major amalgamation process in 1989 which eliminated a large number of special purpose authorities and reduced the number of territorial local authorities from more than 200 to 73). Debate continues, with the latest manifestation being the National Party led government's proposals for the restructuring of local government within the Auckland region, New Zealand's major metropolitan area. The initiatives discussed in this paper are partly a response, but more significantly a result of selected local authorities reflecting on the nature of their role, and the opportunities for being proactive in using their statutory privileges in ways that could produce benefits for their communities without any associated increase in the cost of local government itself.

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