Weeks 1 -4 Flashcards
Name the Key concepts of the Physical Environment
Climate - fundamental component of physical environment
Winds and Ocean current result from solar radiation around the earth,
Large scale atmosphere and oceanic circulation patterns establish global patterns or temp and precipitation,
Regional Climates reflect the influence of oceans continents, mountains and vegetation,
Seasonal and long term climate variation are associated with changes in earths position relative to the sun,
Salinity, acidity and oxygen concentrations are major determinants of chemical environment.
Key things the physical environment impacts
Living conditions for organisms.
Availability of resources
Population growth rate
List Abbreviations of ‘Chance’
EY = Exceedance per year
AEP = Annual Exceedance of Probability
ARI =Average Recurrence Interval
What does weather influence in our everyday lives?
Our behaviour, what we wear, activities, transport etc
Define Climate
Climate is the long term description of weather at a given location based on averages and variation measure over time.
Break down Solar Radiation (Natural)
32% Reflected solar radiation
49% Absorbed by surface
19% absorbed by atmosphere
How does deforestation effect the earth?
Removing trees increases albedo of the land surface, lowering absorption. Changes surface roughness increases heat loss. Reduced evaporation also reduce the return of moisture to the atmosphere and reduces precipitation rates.
What are the 6 conditions that effect our global temperature?
Atmospheric and Oceanic circulation
Different types of circulation cells and climate zones
Coriolis effect on global wind patterns
Global ocean surface currents
Seasonal Temperatures Variation
Terrestrial Precipitation
What happened due to the Industrial Revolution?
Changed the conditions that influence our climate. Solar radiation was no longer the only influence on our global climate. Introduction of global warming, which eventually overtook the influence of solar radiation.
What percentage of NZ was forest before 1100AD
90% - broad conifer and beech
What percentage of NZ is our forest coverage now?
25-30% indigenous.
Name the natural effects that occur on Earth
Volcano Eruptions, Flooding or drought, Forest fires
Name the Man Made effects on Earth (7)
Deforestation, Importing invasive foliage, Importing foreign insects/bacteria, Logging, Land Clearance, Construction of ‘concrete jungle’, Developments of farmland where rainforests once were present.
What is the bill that is currently under consideration?
Construction Contracts Amendment Bill - before the committee of whole house in its 3rd reading.
Name the 3 new acts that could replace the RMA
Natural and Build Environment (NBA)
Spatial Planning Act (SPA)
Climate Change Adaptation Act (CAA)
How does learning law benefit us as Construction professionals?
We learn the physical skill as well as intellectual skills (case analysis, interpretation, reasoning, context)
Define Statutes
Legislation that is form through the Parliament.
Define Common Law
Law that is developed through the judiciary process over time. (Precedence)
Describe the 5 main stages of the history of the NZ legal system.
Pre colonisation, Trade and Settlement (French, British and AUS influence, Becoming a seperate colony, NZ inherits law of England 14 Jan 1840 (TOW), Became a self governing territory (1907-now)
In NZ what is the primary law making body over the last century or so?
Parliament.
What important part do our Courts play concerning our laws?
They implement the statues while aiding in clarifying ambiguous parts by supplementing where they are deficient.
What model does the British law system follow?
Westminster Model
What was the document that described the Separation of Powers?
The Spirit of the Law by Charles-Louis de Secondat
1748 - “Power should be a check to power”
Liberty of the citizens was most well guarded by division of the legislative, executive and judicial functions of government.
What is the Structure of NZ Goverment?
Parliament, The Executive, the Judiciary and the 4th Estate (The Media)
Describe NZ’s approach to Interpretation
Through the interpretation of act 1999, Parliament has instructed the courts to interpret the text of an enactment in the light of it’s purpose. This include the wording, Indications, Extrinsic Materials (analogous Statutes) and assumptions of common law
Describe the shift that the Interpretation Act took (3 parts)
1924 - Teleogical Approach
1999 - Bi-fold Approach
2019 - Same but also provide contents for ‘indications’
How do we ascertain the meaning of legislation?
The meaning of legislation must be ascertained from it’s text and in the light of it’s purpose and context.
Name the 3 families of Legal Systems.
Common Law
Civil Law
Socialist Law
Name the main Characteristics of Common Law legal Traditions
Has a Hierarchal court system that is case based
In adversarial in nature
Analogous reasoning thus precedent
Judicial and legislative are main sources of law
Describe Civil Law Legal Tradition
Based on Roman Law
Institutions
Digesta
Codex
Novella
Customary and Chthonic Legal Tradition
Oral traditions, communal ownership often land, No formal legal institutions, practise communal standards of behaviour.
Describe Religious Legal Traditions
Laws made from Divine word
Case law has no value
Restoration of the relationship between parties for dispute resolutions is paramount
Describe the structure of NZ courts
At the bottom is Tribunal and Authorities
Next up is the District Court
then the high Court
The Court of Appeal
Then the Supreme Court
Others on the side include ERA which goes to Employment court with goes into the Court of Appeal
And Environment Court which can flow into High Court
Other is Māori Land court which flows into Māori Appellate Court which can go into the Court of Appeal
What Courts are within the umbrella of the District Court?
Civil Court
Criminal Court
Youth Court
Family Court
Definre Court
Governmental body that consists of Judges - Case Law
Define Judgement
Order or set of orders made by the court after a hearing.
Define Judiciary
The judges and judicial officers who apply the law.
Define Law
Collection of enforceable rules, creating rights and obligations for persons
Define Tribunal
a specialised adjudication body establish by legislation
What was the Treaty of Waitangi sign?
6th February 1840 - by 43 Māori Chiefs and William Hobson (representing the crown) - Made of 3 articles
What is the process of bills becoming acts?
Introduction - first reading - select committee - Second Reading - Committee of the Whole house - Third Reading - Royal Assent.
What are the different kinds of Bills?
Government Bills
Members Bills
Local Bills
Private Bills
Define Bills
Proposals to make a new law or to change an existing one
How many Categories are within the priory system?
7
Name the 3 different type of Acts of Parliament
Public Acts
Local Acts
Private Acts
What are Legislative Instruments?
Most regulations and rules are legislative instruments i.e. notices, orders, determinations and warrants. The generally deal with technical details that may be subject to regular change.
Who creates Legislative Instruments?
Ministers of the Crown
Governor General
Certain other bodies
Name the 5 different types of Acts
Imperial
Private
Public
Local
Provincial (Historical)
What is the Building Act 2004 made of?
It is made of 5 acts -
Purpose and Principal
Sched 1 and 2 - matters relating to the Building work
Set out the functions, duties and powers of the chief executive. (MBIE)
Sched 3 - Matters relating to the licensing and disciplinary of building practitioner
Sched 4 - Miscellaneous
How many parts is the RMA 1991 broken into?
15 operative parts.
What is the purpose of the RMA?
To reduce the complexity of the RMA 1991
Increase certainty
Restore public participation opportunities
Improve RMA 1991 processes
What are the main intended changes of the RMA 2020
Consenting
Compliance, monitoring and Enforcement
Freshwater
Climate Change
Environmental Court
What is the Covid-19 Recovery Act 2020?
A sunset clause that is a short term consenting process to fast track existing projects to boost employment and economic recovery
How does it affect the RMA?
RMA will remain the primary legislation but provides an alternative pathway. Safeguards are built into the legislation
What is the purpose of the Health and Safety Act 2015?
To protect workers and the workplace in a equitable structure.
What are the main aspects of the Construction Contracts Act 2002?
Payment
Disputes and Resolution
Recovery of Payments
Important sections include section 5 - Interpretations
Section 18 - Retention
Section 80 - Service of Notices
What are current Legislative Instruments Enforced that were bolded?
H and S (Aesbestos)
H and S (General Risk and Workplace Management)
H and S (Infringement Offences and Fees)
What are bylaws?
The Local Government Act 2002 - Bequeaths local government the authority to work to achieve and effective democratic operation. This includes Social Issues, Economic Issues, Environmental Issues, and Cultural Issues.
Define Consent
Consent is a permit or permission to carry out works that would otherwise contravene wiles of the city, the region or country.
Name the five characteristics of Consent.
Cost based
Time based
Condition Based
Transferable
Low Flexibility
Define the Resource consent
Broadly speaking, RC mean to do something that would otherwise contravene with sections of the RMA 1991.
What Sections are included in a resource consent?
Subdivision
Land Use
Coastal
Water
Discharge
What are the steps to obtaining a Resource Consent?
Gathering Information
Council processing
Decision
What is Global Consent?
A RC that allows applicant to carry out the same works in different sites
