Skip to Content »

Taking property by deceit (this is not a Treaty article)

  • May 9th, 2014

I’ve been around the law and politics for some time. Legislation is moulded by politics. Some politicians insist on obscure language to disguise the real effect of law, to delay opponents realising how far it goes. I understand that. We live in a democracy. Democracies need politicians who act to minimise the number who want to vote them out. So a law-writing  hand may get  an irresistible urge to obfuscate .

Until recently we had some protection from Parliamentary Counsel. There was a convention supporting some gate-keeper role in rejecting such deceit, but it seems that semi-constitutional filter has gone.

There are less cynical and offensive ways to deceive the public, but deceptively written law is becoming “normal”. Few lawyers in Parliament have the background to detect it, which may have something to do with selections for identity group ‘reflection’ instead of established merit.

The increase may also be because the deceitful hand is not necessarily that of  the politician.  Officials with an agenda their elected masters won’t like have the time to hide their obfuscations deep in dense language. Politicians may not work out what they are voting for until too late.

A Bill well through the Parliamentary process ‘updating’ the Historic Places Trust legislation is a classic example. The 1993 Act over-rode property rights, but only for the unfortunates who happen to own really old places, The replacement Bill turns that limited exception into general contempt for the property rights. Now they are to be confiscated from pretty much anyone with property that “Heritage New Zealand Pouhere Taonga” finds appealing. The Board can declare a place to be category 1 or 2 protected (economically seized for practical purposes) if they are satisfied of its “significance or value in relation to” any one or more of its:

  • ‘Technical accomplishment, value, or design’;
  • ‘Symbolic or commemorative value’;
  • ‘Community association’;
  • ‘Public esteem’;
  • ‘Potential for public education’;
  • ‘Importance to tangata whenua’;
  • ‘Extent to which it forms part of a wider …cultural area’.

Observe that none of those need have anything to do with history.

The ‘Heritage’ czars will be able to freeze your place  built last year, if they think the architecture (‘design’) is great. If some idiot has started calling your property or street iconic, look out, because it will show it has ‘public esteem’. If it was once used for something for which we’ve started to pretend reverence, like an RSA hall, or where Lorde was born, get ready to lose your property rights. A public clamour to turn it into a shrine of symbolic value, or of community association would satisfy Board.

None of this is accidental. At a conference 18 months ago I heard two Auckland architects assuring the audience that changes were coming to make sure that no one could disrespect their favourite works in the future, however new, because they could be protected as taonga. The audience murmured agreement that it was outrageous that really old taonga could be protected from its owners, but not new. Note to developers – never build anything  distinctive from now on, shun imaginative architects, don’t buy ‘landmark’ assets. Boring is good.

So how has this extension of powers drawn no public attention?

The word “historic” is still sprinkled liberally throughout the Bill. And the criteria above are in a list which retains the earlier concepts, including five out of eleven which still require connection with something old, like:

  • Association with events, persons or ideas of importance in NZ history;
  • Potential to provide knowledge of NZ history;
  • Identifying historic.

The removal of any necessary connection with history is achieved by sly new definitions in the fine print. Though the word historic is still used, it is now defined to cover also “cultural heritage” (not defined). The former requirement for age has largely gone, and it does not apply to the ‘cultural’ part.

Perhaps this does not matter too much you might think, because at least the Crown will pay owners for effectively nationalising their savings or land. That has always been the principle under the Public Works Act. And this is a bill from the National government which surely respects property rights. Indeed it is paying out hundreds of millions to Maori for previous generations’ disrespect.  Aren’t there some basic constitutional assumptions about not taking people’s property for public purposes without compensation?

Aha – the cunning drafters were up and at work well before you, and apparently before your representatives in Parliament. Sub-clauses (2) and (3) of clause 12 say:

“Nothing in this Act requires Heritage New Zealand Pouhere Taonga to negotiate or agree with any person to acquire any land or interest in land.

No interest in land may be regarded as having been taken or injuriously affected and no compensation is payable by reason only of any provision of this Act”

Yet even ACT and United Future (which a few years ago introduced a member’s bill to require respect for property rights in the NZ Bill of Rights Act) have been voting for this Bill. And so has the Maori Party which came into being because property rights guaranteed under article 2 of the Treaty were trashed.

So there we have it – a perfect example of deceptive drafting working perfectly, even on politicians who should know all about deceit, and be alive to being tricked into voting against principles they hold dear.

You might think that someone might have noticed what was happening, because the Minister has boasted of the extra protection inserted for property owners.  HNZPT must now “recognise the interests of an owner as far as those interest are known”. What does that mean? Next to nothing. There is no obligation even to find out what the owner's interests might be. But HNZPT need not worry. That provision appears immediately before the provisions saying no owner agreement is required and no compensation is payable. In my opinion a court will be obliged to find that 'recognition'  has no practical value. Maybe it will be  a plaque on the building  saying ‘with thanks to chump [insert name of owner]”.

I would have ended this post here, thinking I’d uncovered one of the finest examples of legislation as deceit..

But it is about to be topped by a doozy. I’ll explain that in a separate post in due course.

Before you go, however, there is often a sign when a Bill is deliberately unclear, like a nervous tic in a poor liar. Such Bills often include 'New Zealand' in the title, always gratuitously.Is that why the Historic Places Trust Act 1993 is to become the Heritage New Zealand Pouhere Taonga Act 2014?  Who else’s ‘Heritage’ or ‘Pouhere Taonga’ does Parliament think they might claim power to expropriate? The totally empty insertion of 'New Zealand' reminds me of various sententious lectures we practicing lawyers have had from lawyer MPs,  about plain English and simple comprehensible language. Compared with the crowd now elected to muddle our statutes, the fine print artists of website terms and conditions and log-in pages are amateurs.


  • George
  • May 10th, 2014
  • 12:43 am

“Officials with an agenda their elected masters won’t like …”

They will have names, these people. Send them a copy of the 10 commandments with the 8th and the 10th highlighted. It trumps their progressive little orthodoxies.

  • Bakat
  • May 13th, 2014
  • 3:07 pm

NZHPT, in the absence of the historic heritage of places like the UK, has turned to planning instruments like view shafts (stopping all development around an object,stopping all changes to any development that is “iconic” even if it is a group of deteriorating state houses or preventing development in areas deemed to be insensitive to Maori, even if they never owned the land. Time to include a taking provision in a reformed RMA>




I am not attempting to sandbag anybody,prezzi giubbini moncler. I actually consider this discussion must happen. I maintain this basic conversationwith most of thenew investors I’ve talked withand a number of these have been from right here on BP.. Salcone; E. Carol Maxwell,bomber woolrich, ticket chairman; Julie Vugrinovich, function chairman; Mary Ognibene, raffle baskets co chairman; and Martha Ellers,treasurer and historian. While in the back row from left to right, are Diane Starr,woolrich


Alcune marche di prestigio stanno conducendo la carica in questa capacità. Kate Spade, degli accessori e borsa dell’azienda, ha lanciato uno sforzo straordinario con Females for girls Global al fantastic di promuovere le opportunità di lavoro in Afghanistan. Le donne impiegate dal programma creerà bracciali con l’obiettivo di sviluppare la crescita a lungo termine e la stabilità nel paese. Alcuni dei negozi sarà anche posto in tutto il vacation resort. La vendita al dett


Relevance of Employing Employment Attorney NYCShould you hope to help keep your electronic gadget into an faultless condition, so consequently it’s critical with all the intention from the accessories you operation using the gizmos must remain suitable along with your gadgets additionally right here can remain a breakdown of your respective unit. An digital devise can remain retained back into an untarnished condition in favor of a prolonged stage when they are complemented with all the absolute


Value of Choosing Employment Lawyer NYC,Cheap Kids UGG BootsIn case you hope to maintain your digital device into an faultless condition, so therefore it is critical with all the intention from the accessories you operation together with the gadgets need to keep compatible along with your devices furthermore listed here can stay a breakdown of one’s device. An electronic devise can stay kept back again into an untarnished problem in favor of the lengthy period when they are complemented with all


‘Alarming’ review displays hazardous drinking water along Barnett Shalewas published Wednesday, and, according on the direct scientist,http:, some of its findings are “incredibly alarming.”The tests were carried out over the earlier two a long time within the Barnett Shale and purport to show a expanding hyperlink among fracking and groundwater contamination,Click Here.The examine is revealed in the trade journal Environmental Science and Technologies. Dr,.Url: An evaluat


‘A chronic pain in my shoulder is commencing to constrain my life’I’ve experienced a chronic pain in my right shoulder for 6 months,, and it is commencing to constrain my existence. I’m able to not rest appropriately, can not costume with no ache, nor utilize the vacuum cleaner,, generate the car, or even keep a newspaper. I utilized to have an lively daily life, but am now placing on bodyweight. My believed procedures are slowing, way too.My GP thinks it to become rotator cuff tendonitis. As I


‘Hunger Games’ and America’s inequality ViewpointEditor’s observe: Van Jones is president and founder of Rebuild the Dream, a web based system concentrating on policy, economics and media. He was President Barack Obama’s inexperienced work adviser in 2009. He is also founding father of Environmentally friendly for All, a national organization doing work to create a environmentally friendly financial system.(CNN) The latest installment on the epic “Hunger Games” series hit theaters this Friday, a


‘A persistent soreness in my shoulder is commencing to constrain my life’I have had a chronic pain in my correct shoulder for 6 months, and it is starting to constrain my existence. I’m able to not rest effectively, can not gown with no soreness, nor use the vacuum cleaner, push the car, or perhaps keep a newspaper. I used to have an energetic existence, but am now putting on weight. My imagined processes are slowing, too.My GP thinks it to get rotator cuff tendonitis. As I are not able to take


‘Business’ journey most recent sordid tale in state university system scandalIBAC: Training Department head sackedIf it was not getting slowly exposed within a corruption inquiry while in the County Court docket, a lot of Victorian dad and mom would wrestle to imagine the proof about how huge sums of cash intended for the state’s school system are already systemically rorted by two allegedly corrupt officials.On Tuesday early morning, the most recent chapter in the tale of this alleged graft was


‘Business’ vacation most recent sordid tale in point out school technique scandalIBAC: Schooling Section head sackedIf it was not getting slowly exposed inside a corruption inquiry inside the County Courtroom, several Victorian dad and mom would battle to think the proof regarding how huge sums of cash meant for the state’s faculty program are already systemically rorted by two allegedly corrupt officials.On Tuesday early morning,Canada Goose Jackets Sale, the most recent chapter inside the tale


‘Business’ journey latest sordid tale in condition college technique scandalIBAC: Schooling Division head sackedIf it was not becoming little by little exposed in a corruption inquiry while in the County Court, a lot of Victorian dad and mom would struggle to think the proof regarding how big sums of cash meant for the state’s university technique are already systemically rorted by two allegedly corrupt officers.On Tuesday early morning, the most up-to-date chapter in the tale of this alleged gr


The eleven hunkiest quarterbacks of the NFLStatus: Married to supermodel Gisele BndchenBrady the experience of Ugg and owner of a few canadagoosecoatsale.sellwithzee Super Bowl rings is still the NFL’s reigning golden boy, and it is presently within the include of vogue quarterly Male of the World. Even Giants receiver Victor Cruz provides him props. “I know it’s clich, but I have to go together with Tom Brady,” says Cruz,Canada Goose Outlet Toronto, asked through the Put up who the game’s idea


need to mention the Iraq warJeb Bush will not desire to discuss the wars in Iraq and Afghanistan commenced by his brother, previous President George W. Bush.Requested at an occasion Friday about a overseas coverage speech he is intending to give up coming week, the previous Florida governor replied, in accordance to Bloomberg Information: “I received speak about the previous.”He added: “I mention the future. If I in the strategy of taking into consideration the opportunity of working, it not abo


Suspect arrested in gruesome Coffee County murderSUMMITVILLE, TN (WSMV) Sheriff Steve Graves explained 37 calendar year aged Gregory Scott Hale is charged with 1st degree murder and abuse of the corpse in Canada Goose Outlet Toronto connection with the death, which transpired at Hale home on Pete Sain Highway Blackuggbootsuk.1stsigbdeassn inside the Summitville area.Officers say the victim is identified as Lisa Marie Hyder of DeKalb County.”Lisa was a sweet female, really quite female. I am a


Et,UGG Bailey Bow Pas Cher, un peu comme le Dominion entreprise, il serait un ensemble beaucoup une bonne affaire de terrain que ce qui est qui est tenue à la conservation. Plusieurs des servitudes sur les terres de son chemin sont détenus par le Département dans le Intérieur,UGG Classic Short strong>, Holmes expliqué, qui seraient susceptibles de les exempter de | domaine zone éminent droit. Aussi dans le dans le chemin, il dit indiqué mentionné expliqu&#

Quiconque avec un infos en ce qui concerne l’ vol est invité à de contact entrer en contact avec parlent de criminalité infraction pénale Échec au 1800 333 000. Il explique précise que offre pas approvisionnement donner nous avec nous avons nous avons maintenant demandé de vous, nous pourrions ne pas être en mesure de offre vous utilisant le marchandises et services vous . appel pour En outre, il souligne la façon dont vous pouvez obtenir ou chercher


Company Archives,Fausse UGG Pas CherClarksville, TN This week the economic calendar is active. The main focus is likely to be on the GDP report (observe that economic industry individuals usually more than emphasize the headline figure the satan is while in the information).Resilient merchandise orders are predicted to get been boosted by a pickup in plane orders in June, but the craze in non transportation orders has become weak in latest months. The Convention Board’s Client Self confidence In


Nous sommes un vraiment modestes ménage et tout le monde tous les gens | chaque personne sait est conscient que. Et nous sommes nous avons été une fois qu’ils après quand ils disent que vous ont | Vous avez vous avez | l’argent comptant en Europe ou en Suisse ou quelque chose rien, at-il dit indiqué mentionné expliqué. «Allez, il est qu’elle est vraiment une blague..Observez les nuages ​​et être préparé pour tout potentiel de dou

Pris dans des email vous ne pouvez pas être véridiques dessus un restaurant café. individus sont assez puissante concernant leur alimentaires similaire à ce comme vous éventuellement obtenir un obtenir un colère indignée offensé courrier à partir,Ugg Fr de haute qualité avec 100% authentique. ce qui est réellement que suggérer que vous simplement {entendu | écouté lisez moi,Chaussure UGG Fr.OK,Bottine UGG Mini, disons poussoir


A’s new hitting coach Darren Bush not a fish outside of waterDarren Bush, the A’s new hitting mentor,Ugg Australia Soldes officiel Meilleur Vente, expended a large part of his offseason about the waters by his property in close proximity to Sarasota, Fla. Bush has a enthusiasm for fishing instilled when his father took him out at an early age. His possess son, Wyatt, is currently 7, and Bush is carrying about the custom.”I feel it really is a way to bond along with your son and have to learn one


Hurricane researcher will take work extremely seriously,Bottes Style UGGTexas has dropped more lives to hurricanes than almost every other state. The boys and ladies who track those big storms consider their job extremely seriously.Take into account Dr., the very first director in the National Hurricane Study Task along with a former director on the. Simpson is really a indigenous Texan whose lifelong fascination in hurricanes began when the Atlantic Gulf hurricane of 1919 devastated Corpus Chri


Jason Bateman and wife Amanda consider daughter Francesca to visit SantaPursuing the release of Horrible Bosses two, Jason Bateman is having a bit of the crack.And the actor isn’t any question experiencing a while off, as he gets to invest it with his beloved family.On Tuesday, the 45 calendar year outdated appeared every single inch the doting partner and father, as he took his wife Amanda and eight 12 months outdated daughter Francesca to Los Angeles’ The Grove to go to Santa’s Residence.House


la Fashion weekDes oranges stridents chez Michael Kors, de longues chaussettes rouges chez Philosophy et des imprims aquatiques chez Nanette Lepore: l’heure tait dj l’attente du printemps mercredi de New york.Les prsentations automne hiver 2013 s’y terminent jeudi, et mercredi c’tait notamment au tour de Michael Kors, Nanette Lepore, Philosophy, J Mendel, Marchesa, Proenza Schouler et Reed Krakoff, distingu rcemment par Michelle Obama, de montrer leur collection.L’Amricain Michael Kors tait d’hu


How you can Get rid of Metal Scratches five Steps,ralphlaurenukoutlet.healthy-optionStart out having a good cleansing. In the event the scratches are deep enough,uggsandalsuk.yinsktmusa, you could really need to sand them absent, but it’s always greater for your metal should you can basic fill them in. Apply the cleaning answer using a comfortable sponge. Use a lot of the solution to ensure that you’ve sufficiently treated the scratches. After you have buffed the answer to the metal inside a rou


Jennifer Metcalfe enjoys supper with Hollyoaks coShe’s received showstopping curves most ladies can only dream of,Jordanshoesforsale.taysidepolice.But Jennifer Metcalfe hid her sensational figure underneath an elegant dungaree design jumpsuit as she enjoyed a minimal important evening meal day with her Hollyoaks co star Lucy Dixon at Manchester’s Avalanche cafe on Thursday evening.Making the most of a well earned girls’ evening out with the Italian eatery, the 31 yr previous actress seemed on cr


Melbourne Plywood DistributorsPlywood is a made board created using chopping slender polishes and rotating the grain bearing for progressive levels, then sticking them collectively to frame a sheet. It truly is apparently probably the most grounded and most adaptable creating substance available.It really is moreover a renewable asset, having a broad blended bag of utilizations.Essentially the most well-known quality face is”C” becoming the face grade for CD Structural Plywood Melbourne. Amid th


Areas declared for brand spanking new photonics HQUpdated: Thursday, September seventeen 2015, 04:forty eight PM EDTIn addition, a seven particular person governance board will probably be created to help oversee and employ the program, consisting of three associates from state federal government,michael kors outlet, two from SUNY Polytechnic, and one each and every from your College of Rochester and Rochester Institute of Technological innovation.There was a heated debate amid regional business

Leave your comments:

* Required fields. Your e-mail address will not be published on this site

You can use the following HTML tags:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>