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Construction Industry Environment > Weeks 1 -4 > Flashcards

Weeks 1 -4 Flashcards

1
Q

Name the Key concepts of the Physical Environment

A

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.

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2
Q

Key things the physical environment impacts

A

Living conditions for organisms.
Availability of resources
Population growth rate

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3
Q

List Abbreviations of ‘Chance’

A

EY = Exceedance per year
AEP = Annual Exceedance of Probability
ARI =Average Recurrence Interval

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4
Q

What does weather influence in our everyday lives?

A

Our behaviour, what we wear, activities, transport etc

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5
Q

Define Climate

A

Climate is the long term description of weather at a given location based on averages and variation measure over time.

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6
Q

Break down Solar Radiation (Natural)

A

32% Reflected solar radiation
49% Absorbed by surface
19% absorbed by atmosphere

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7
Q

How does deforestation effect the earth?

A

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.

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8
Q

What are the 6 conditions that effect our global temperature?

A

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

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9
Q

What happened due to the Industrial Revolution?

A

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.

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10
Q

What percentage of NZ was forest before 1100AD

A

90% - broad conifer and beech

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11
Q

What percentage of NZ is our forest coverage now?

A

25-30% indigenous.

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12
Q

Name the natural effects that occur on Earth

A

Volcano Eruptions, Flooding or drought, Forest fires

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13
Q

Name the Man Made effects on Earth (7)

A

Deforestation, Importing invasive foliage, Importing foreign insects/bacteria, Logging, Land Clearance, Construction of ‘concrete jungle’, Developments of farmland where rainforests once were present.

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14
Q

What is the bill that is currently under consideration?

A

Construction Contracts Amendment Bill - before the committee of whole house in its 3rd reading.

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15
Q

Name the 3 new acts that could replace the RMA

A

Natural and Build Environment (NBA)
Spatial Planning Act (SPA)
Climate Change Adaptation Act (CAA)

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16
Q

How does learning law benefit us as Construction professionals?

A

We learn the physical skill as well as intellectual skills (case analysis, interpretation, reasoning, context)

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17
Q

Define Statutes

A

Legislation that is form through the Parliament.

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18
Q

Define Common Law

A

Law that is developed through the judiciary process over time. (Precedence)

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19
Q

Describe the 5 main stages of the history of the NZ legal system.

A

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)

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20
Q

In NZ what is the primary law making body over the last century or so?

A

Parliament.

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21
Q

What important part do our Courts play concerning our laws?

A

They implement the statues while aiding in clarifying ambiguous parts by supplementing where they are deficient.

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22
Q

What model does the British law system follow?

A

Westminster Model

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23
Q

What was the document that described the Separation of Powers?

A

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.

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24
Q

What is the Structure of NZ Goverment?

A

Parliament, The Executive, the Judiciary and the 4th Estate (The Media)

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25
Q

Describe NZ’s approach to Interpretation

A

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

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26
Q

Describe the shift that the Interpretation Act took (3 parts)

A

1924 - Teleogical Approach
1999 - Bi-fold Approach
2019 - Same but also provide contents for ‘indications’

27
Q

How do we ascertain the meaning of legislation?

A

The meaning of legislation must be ascertained from it’s text and in the light of it’s purpose and context.

28
Q

Name the 3 families of Legal Systems.

A

Common Law
Civil Law
Socialist Law

29
Q

Name the main Characteristics of Common Law legal Traditions

A

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

30
Q

Describe Civil Law Legal Tradition

A

Based on Roman Law

Institutions
Digesta
Codex
Novella

31
Q

Customary and Chthonic Legal Tradition

A

Oral traditions, communal ownership often land, No formal legal institutions, practise communal standards of behaviour.

32
Q

Describe Religious Legal Traditions

A

Laws made from Divine word
Case law has no value
Restoration of the relationship between parties for dispute resolutions is paramount

33
Q

Describe the structure of NZ courts

A

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

34
Q

What Courts are within the umbrella of the District Court?

A

Civil Court
Criminal Court
Youth Court
Family Court

35
Q

Definre Court

A

Governmental body that consists of Judges - Case Law

36
Q

Define Judgement

A

Order or set of orders made by the court after a hearing.

37
Q

Define Judiciary

A

The judges and judicial officers who apply the law.

38
Q

Define Law

A

Collection of enforceable rules, creating rights and obligations for persons

39
Q

Define Tribunal

A

a specialised adjudication body establish by legislation

40
Q

What was the Treaty of Waitangi sign?

A

6th February 1840 - by 43 Māori Chiefs and William Hobson (representing the crown) - Made of 3 articles

41
Q

What is the process of bills becoming acts?

A

Introduction - first reading - select committee - Second Reading - Committee of the Whole house - Third Reading - Royal Assent.

42
Q

What are the different kinds of Bills?

A

Government Bills
Members Bills
Local Bills
Private Bills

43
Q

Define Bills

A

Proposals to make a new law or to change an existing one

44
Q

How many Categories are within the priory system?

A

7

45
Q

Name the 3 different type of Acts of Parliament

A

Public Acts
Local Acts
Private Acts

46
Q

What are Legislative Instruments?

A

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.

47
Q

Who creates Legislative Instruments?

A

Ministers of the Crown
Governor General
Certain other bodies

48
Q

Name the 5 different types of Acts

A

Imperial
Private
Public
Local
Provincial (Historical)

49
Q

What is the Building Act 2004 made of?

A

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

50
Q

How many parts is the RMA 1991 broken into?

A

15 operative parts.

51
Q

What is the purpose of the RMA?

A

To reduce the complexity of the RMA 1991
Increase certainty
Restore public participation opportunities
Improve RMA 1991 processes

52
Q

What are the main intended changes of the RMA 2020

A

Consenting
Compliance, monitoring and Enforcement
Freshwater
Climate Change
Environmental Court

53
Q

What is the Covid-19 Recovery Act 2020?

A

A sunset clause that is a short term consenting process to fast track existing projects to boost employment and economic recovery

54
Q

How does it affect the RMA?

A

RMA will remain the primary legislation but provides an alternative pathway. Safeguards are built into the legislation

55
Q

What is the purpose of the Health and Safety Act 2015?

A

To protect workers and the workplace in a equitable structure.

56
Q

What are the main aspects of the Construction Contracts Act 2002?

A

Payment
Disputes and Resolution
Recovery of Payments

Important sections include section 5 - Interpretations
Section 18 - Retention
Section 80 - Service of Notices

57
Q

What are current Legislative Instruments Enforced that were bolded?

A

H and S (Aesbestos)
H and S (General Risk and Workplace Management)
H and S (Infringement Offences and Fees)

58
Q

What are bylaws?

A

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.

59
Q

Define Consent

A

Consent is a permit or permission to carry out works that would otherwise contravene wiles of the city, the region or country.

60
Q

Name the five characteristics of Consent.

A

Cost based
Time based
Condition Based
Transferable
Low Flexibility

61
Q

Define the Resource consent

A

Broadly speaking, RC mean to do something that would otherwise contravene with sections of the RMA 1991.

62
Q

What Sections are included in a resource consent?

A

Subdivision
Land Use
Coastal
Water
Discharge

63
Q

What are the steps to obtaining a Resource Consent?

A

Gathering Information
Council processing
Decision

64
Q

What is Global Consent?

A

A RC that allows applicant to carry out the same works in different sites

Construction Industry Environment (3 decks)

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