scholarly journals Local authority liability for flooding: Where should loss fall?

2021 ◽  
Author(s):  
◽  
Sean Brennan
Keyword(s):  
Natural Hazard ◽  
Local Authority ◽  
Private Insurance ◽  
Local Authorities ◽  
Individual Property ◽  
Independent Contractors ◽  
Property Owners ◽  
The Cost

<p>Flooding is New Zealand’s most frequent natural hazard the cost of which is outdone only by the recent Canterbury earthquakes. Local authorities are the bodies primarily tasked with protecting communities against flooding through a range of measures including physical works such as stopbanks. This essay explores the extent to which a local authority can be liable in tort where those physical works fail, causing damage. Direct liability and non-delegable duties are discussed, the latter addressing whether a local authority can nevertheless be liable having outsourced the construction of flood works to independent contractors. Additionally, whether local authorities should be liable for such damage or whether individual property owners ought to protect their own interests through insurance is discussed.This essay recommends that property owners should purchase private insurance, but that local authorities should remain liable at least for their own negligence.</p>

scholarly journals Local Authority Liability for Flooding: Where Should Loss Fall?

2015 ◽  
Vol 46 (1) ◽  
pp. 85
Author(s):  
Sean Brennan
Keyword(s):  
Natural Hazard ◽  
Local Authority ◽  
Private Insurance ◽  
Local Authorities ◽  
Individual Property ◽  
Independent Contractors ◽  
Property Owners ◽  
The Cost

Flooding is New Zealand's most frequent natural hazard, the cost of which is outdone only by the recent Canterbury earthquakes. Local authorities are the bodies primarily tasked with protecting communities against flooding through a range of measures including physical works such as stopbanks. This article explores the extent to which a local authority can be liable in tort where those physical works fail, causing damage. Direct liability and non-delegable duties are discussed, the latter addressing whether a local authority can nevertheless be liable having outsourced the construction of flood works to independent contractors. Additionally, whether local authorities should be liable for such damage or whether individual property owners ought to protect their own interests through insurance is discussed. This article recommends that property owners should purchase private insurance, but that local authorities should remain liable at least for their own negligence.

scholarly journals Local authority liability for flooding: Where should loss fall?

2021 ◽  
Author(s):  
◽  
Sean Brennan
Keyword(s):  
Natural Hazard ◽  
Local Authority ◽  
Private Insurance ◽  
Local Authorities ◽  
Individual Property ◽  
Independent Contractors ◽  
Property Owners ◽  
The Cost

<p>Flooding is New Zealand’s most frequent natural hazard the cost of which is outdone only by the recent Canterbury earthquakes. Local authorities are the bodies primarily tasked with protecting communities against flooding through a range of measures including physical works such as stopbanks. This essay explores the extent to which a local authority can be liable in tort where those physical works fail, causing damage. Direct liability and non-delegable duties are discussed, the latter addressing whether a local authority can nevertheless be liable having outsourced the construction of flood works to independent contractors. Additionally, whether local authorities should be liable for such damage or whether individual property owners ought to protect their own interests through insurance is discussed.This essay recommends that property owners should purchase private insurance, but that local authorities should remain liable at least for their own negligence.</p>

The Implementation Approach of LCCF Checklist in Development Control: Challenges for policymakers

2019 ◽  
Vol 4 (12) ◽  
Author(s):  
T B A
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Carbon Emissions ◽  
Local Authority ◽  
Survey Methods ◽  
Local Level ◽  
Control Process ◽  
Low Carbon ◽  
Local Authorities ◽  
Development Control

Global warming, climate change is now affecting the world. The effort of the leaders to achieving the sustainable development is from New Urban Agenda (NUA), Sustainable Development Goals (SDG’s) and local level is local authorities.  SDG’s goal number 13 takes urgent action to combat climate change and its impact also SDG’s number 11 to sustainable cities and communities. The gap of this paper  Different cities face different challenges and issues. Local authorities will play a significant role in undertaking policy initiatives to combat carbon emissions of the city. Low Carbon Cities (LCC) is to reduce carbon emissions in all human activities in cities.  The objective of this paper is by applying the LCCF Checklist in planning permission for sustainable development. The methodology of this research is a mixed-method, namely quantitative and qualitative approach. The survey methods are by interview, questionnaire, and observation. Town planners are the subject matter expert in managing the planning permission submission for the development control of their areas. Descriptive statistical analysis will be used to show the willingness of the stakeholders, namely the developers and planning consultants in implementing of the LCCF. The contribution of this research will gauge readiness at the local authorities level. The findings of the LCCF checklist are identified as important in planning permission into the development control process. Surprisingly, that challenges and issues exist in multifaceted policy implementation the LCCF Checklist in a local authority. Finally based on Subang Jaya Municipal Councils, the existing approach in the application of the LCCF Checklist in the development control process will be useful for development control in a local authority towards sustainable development.  

scholarly journals ‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children

2021 ◽  
Vol 21 (1) ◽  
pp. 19-41
Author(s):  
Jo Bridgeman
Keyword(s):  
Medical Treatment ◽  
Social Services ◽  
Local Authority ◽  
The State ◽  
Parental Authority ◽  
Best Interests ◽  
Legal Responsibility ◽  
Local Authorities ◽  
Professional Responsibilities ◽  
Seriously Ill

This article argues for recognition of public responsibilities to protect the welfare of children with respect to decisions affecting their health and medical treatment. As the quote in the title of this article, from David Plank, the Director of Social Services responsible for bringing the case of Baby Alexandra before the courts, identifies, early cases concerning children’s medical treatment were brought by local authorities to determine responsibilities to protect the welfare of children. In cases such as Re B (1981), Re J (1990) and Re W (1992), the court was asked not only to determine the child’s best interests but also to clarify the duties of the local authority, Trust, court and child’s parents to the child. The respective duties established apply to all involved in cases brought before the courts on the question of a child’s future medical treatment, whether or not the child is in the care of the state. Recent cases concerning the medical treatment of seriously ill children have involved claims of parental authority to determine the care of their child. To the contrary, this article argues that court involvement is required when parents are disagreed with the child’s treating doctors over the child’s medical treatment because of public as well as parental and professional responsibilities for the welfare of all children.

scholarly journals Modular Web Portal Approach for Stimulating Home Renovation: Lessons from Local Authority Developments

Energies ◽  
2021 ◽  
Vol 14 (5) ◽  
pp. 1270
Author(s):  
Minyoung Kwon ◽  
Erwin Mlecnik
Keyword(s):  
Digital Media ◽  
Local Authority ◽  
Case Study Research ◽  
Management Plan ◽  
Web Portals ◽  
Single Family ◽  
Web Portal ◽  
Local Authorities ◽  
Neutral Information

Web portals have the potential to promote sustainable environmental ideas due to the capacity of digital media, such as easy accessibility, openness, and networking. Local authorities (LAs) are responsible for activating carbon savings in homes, and they are key actors when it comes to providing neutral information to their citizens. Local authority web portals may thus create environmental awareness, particularly regarding owner-occupied single-family home renovation. Nevertheless, the experiences of LAs developing web portals have rarely been studied. Therefore, this paper analyses the development process of various LA web modules and investigates how LAs foster modular web portals to stimulate the adoption of home renovation with parameters to assess LAs’ actions in terms of the management of web-modules development. A homeowner renovation journey model is applied to map current local authority developments. Case study research and interviews were done to analyse and evaluate the adoption of modular web portals developed and tested by six local authorities in four countries in Europe. Based on the development and use of the modular web portal, lessons have been derived emphasising the importance of co-creation, integrating with offline activities, and a strategic management plan.

scholarly journals The Effect of Massachusetts' Health Reform on Employer-Sponsored Insurance Premiums

2010 ◽  
Vol 13 (2) ◽  
Author(s):  
John F Cogan ◽  
R. Glenn Hubbard ◽  
Daniel Kessler
Keyword(s):  
United States ◽  
Health Reform ◽  
Medical Expenditure Panel Survey ◽  
Private Insurance ◽  
The United States ◽  
Medical Expenditure ◽  
Insurance Premiums ◽  
Reform Plan ◽  
The Difference ◽  
The Cost

In this paper, we use publicly available data from the Medical Expenditure Panel Survey - Insurance Component (MEPS-IC) to investigate the effect of Massachusetts' health reform plan on employer-sponsored insurance premiums. We tabulate premium growth for private-sector employers in Massachusetts and the United States as a whole for 2004 - 2008. We estimate the effect of the plan as the difference in premium growth between Massachusetts and the United States between 2006 and 2008—that is, before versus after the plan—over and above the difference in premium growth for 2004 to 2006. We find that health reform in Massachusetts increased single-coverage employer-sponsored insurance premiums by about 6 percent, or $262. Although our research design has important limitations, it does suggest that policy makers should be concerned about the consequences of health reform for the cost of private insurance.

British Cities versus Apartheid: UK Local Authority Activism as City Diplomacy

Diplomatica ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 187-199
Author(s):  
Nicholas J. Cull
Keyword(s):  
South Africa ◽  
United Nations ◽  
Local Authority ◽  
National Government ◽  
Local Authorities ◽  
Media Campaigns ◽  
Margaret Thatcher ◽  
The United Nations ◽  
Post War

Abstract This essay considers the phenomenon of British local authorities mobilizing to oppose the policies of apartheid in post-war South Africa. Activities include boycott, divestment, twinning agreements, media campaigns, and re-naming/memorialization. The activity is placed in the context of a transnational anti-apartheid network overseen by the United Nations organization. The campaign is shown to be inversely related the level of national government activity and especially associated with opposition to Margaret Thatcher and her government.

scholarly journals Outsourcing or Giving all Out? Experience from Tanzania Local Government Revenue Collection

2016 ◽  
Vol 6 (3) ◽  
pp. 1 ◽  
Author(s):  
Lukio Mrutu ◽  
Pendo Mganga
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Secondary Data ◽  
Clear Picture ◽  
Government Revenue ◽  
Local Authorities ◽  
Fiscal Autonomy ◽  
Whole Process ◽  
Revenue Collection ◽  
Expected Outcome

Outsourcing revenue collection in Local Government Authorities  has been adopted as a mechanism to solve the previous problems of revenue collection which resulted into loss and missmanagement of the whole process. One of the expectations was to increase revenue collection which will  provide a room for fiscal autonomy. However, experience from few local government authorities which have outsourced their revenue collection shows that, the whole process of outsourcing has not yielded the expected outcome especially on enabling local authorities to have fiscal autonomy instead it has turned to benefit the private agent who collect Tax. By using secondary data this paper attempts to show how the process of outsourcing is benefiting the private agent and therefore it is like giving everything out. It concludes that, though outsourcing seems to benefit local authorities by reducing some tasks especially on tax collection, outsorcing benefits much a private agent and therefore quick meausures should be adopted including building the capacity of Local Authorities in identifying the sources of revenue and  in estimating the actual collections so as to have clear picture of how much will be generated by the agent and what should be the appropriate amount to be submitted to the Local authority.

scholarly journals Experiencing Event Management During the Coronavirus Pandemic: A Public Sector Perspective

2022 ◽  
Vol 3 ◽  
Author(s):  
Tim Coles ◽  
Giselle Garcia ◽  
Evelyn O'Malley ◽  
Cathy Turner
Keyword(s):  
Public Sector ◽  
Local Authority ◽  
The Body ◽  
Event Management ◽  
Local Authorities ◽  
Key Stakeholders ◽  
The World ◽  
Local Recovery ◽  
The Uk ◽  
Opening Up

Events have played a significant role in the way in which the Coronavirus pandemic has been experienced and known around the world. Little is known though about how the pandemic has impacted on supporting, managing and governing events in municipal (i.e., local) authorities as key stakeholders, nor how events have featured in the opening-up of localities. This paper reports on empirical research with senior events officers for local authorities in the UK on these key knowledge gaps. Specifically, it examines events officers' unfolding experiences of the pandemic. The paper points to unpreparedness for a crisis of this scale and magnitude, and the roles of innovation, adaptation and co-production in the emergent response. It highlights the transformative nature of the pandemic through reconsiderations of the purpose of public sector involvement in events and, from a policy perspective, how relatively smaller-scale, more agile and lower-risk arts events and performances can figure in local recovery. Finally, while the effects on, and response of, the body corporate (the local authority) to crises is an obvious focus, it is important to recognise those of the individuals who manage the response and drive change.

scholarly journals Increasing the socio-cultural influence of immovable cultural heritage on local communities – the case of historic residential buildings in Wielkopolska used as hotels

2020 ◽  
Vol 32 (4) ◽  
pp. 43-57
Author(s):  
Zdzisława Elżbieta Niemczewska
Keyword(s):  
Cultural Heritage ◽  
Rural Areas ◽  
Local Community ◽  
Residential Buildings ◽  
Local Communities ◽  
Historic Buildings ◽  
Cultural Impact ◽  
Local Authorities ◽  
Property Owners ◽  
Cultural Functions

The article presents results of a study of how immovable cultural heritage used for commercial purposes of tourism affects local communities. The study is based on data collected in direct interviews with property owners and representatives of local authorities and a questionnaire survey of local residents concerning sixteen historic buildings used as hotels, which are located in rural areas of Wielkopolskie province. It was found that the provision of additional, free cultural functions for local communities by property owners and/or local authorities exerts a greater socio-cultural impact and contributes to local, sustainable development. Based on the results of the study, it can be concluded that when historic buildings of this kind are used for commercial purposes it is important to ensure that they are part of the cultural experience not only for hotel guests but also for the local community. In this way, entire communities can appreciate their local cultural heritage (socio-cultural impact), which in turn strengthens cultural sustainability.

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