The Principles of the Treaty of Waitangi - Essay Example

TRAINING MATERIAL FOR THE THREE HARBOR HOTEL MANAGERS al Affiliation) Training Materials for Three Harbors Introduction In the contemporary society, there are various rules and regulations that have been applied in order to guide the operations of different business investments. These rules usually differ depending on the type of business they are intended to govern. It is therefore imperative for any business investor or manager to acquaint themselves with the available rules and regulations governing their specific operations within their environs. Specifically, business laws are formulated by various government authorities i.e. the municipal councils, central governments, business associations as well as the managers themselves. New managers are required to observe and implement these laws strictly. Examples of such business laws are inclusive of Occupational Act and Safety rules, financial laws et cetera. In relation to New Zealand context, there are rules and regulations that govern the operation of various businesses, hotels inclusive as discussed here in: The New Zealand Local Government Act 2002 Part 1 of the New Zealand Local Government Act 2002, explicates the preliminary provisions of the act; it indicates the purpose of this act which involves the provision of a local government authority with the capacity to undertake leaderships taking into consideration the needs of the diverse communities in New Zealand. It further states the specific purposes of the local governments (www.legislation.govt.nz n.d). Additionally, the act provides guidelines and powers for the local authorities that will assist them in making decisions regarding the specific activities they undertake as well as the ways in which they will undertake them. Section 3 (c) of the act promotes a dimension of accountability among the local authorities in their efforts to serve the New Zealand Communities. Consequently, section 3 (d), of the New Zealand Local Government act provides a platform for local authorizes to undertake wider roles that are geared towards meeting the current and future needs of the local communities. Purpose of the Local Government The major purposes of the local government within the boundaries of New Zealand are stipulated within this act. Sub-part 1, section ten of this act stipulates that the local government has the authority to undertake democratically oriented decision making processes, taking actions that impact on the local communities. Section ten, subpart 2 of the act elaborates on issues ascribed to good infrastructural quality, proper service provision and the appropriate regulatory measures. It stipulates that such facets should be efficient, appropriate as well as effective. Principles of the Treaty of Waitangi The principles of the treaty of Waitangi are elaborated in part two and six of the Local Government Act 2002. The principles include; the principle of decision-making, planning as well as accountability. Section 75 (a-h) indicates the stipulations of these principles: Meaning of the Clause as indicated in the Local Government Act 2002 This clause identifies and awards respect to the Crown of Australia in relation its responsibility in taking the appropriate accountability regarding the application of the Treaty of Waitangi. This clause also depicts the responsibility of the Crown in maintaining and as well as improving the platforms for the Maori to facilitate the local government decision-making activities. Meaning of a Bylaw A bylaw may be described as an ordinance or a regulatory tool formulated and implemented by a single organization to government its own operations. The formulation of and implementation of by-laws is an activity usually authorized by an authority of a higher level. The difference between laws and by-laws occurs in the sense that laws are formulated and implemented by the state authorities and are applicable to the entire nation while by-laws may be formulated by single organizations, municipalities and in even companies. The application of by-laws is voluntary in nature and people who may not feel comfortable with such laws are free to move to other areas. Relationship Between the three Bodies of New Zealand Government (Executive, Judiciary and Legislature) The New Zealand Judiciary, Executive and the Legislature form a crucial part of the government; their main relation is the law: These three arms of the government perform different functions as in; Legislature formulates laws, executive implements laws while the judiciary interprets (www.legislation.govt.nz n.d). In the context of New Zealand, the parliament posses the supreme power related to legislation divided in to two main constituent parts; the House of Representatives and the sovereign. These constituent parts perform different functions as defined by law (www.legislation.govt.nz n.d). The e-update Case Citation A case was presented to the high court of New Zealand on the 27th February, 2013; the case involved the Church Property Trustee vs the Attorney General. It involved the Church Property Trustees as the plaintiff, the Attorney General as the first respondent as well as the Great Church Christ Building as the second respondent. It was heard by: PJ Gunn who represented the first respondent, JV Ormsby JL Day and JWA Johnson for the plaintiff. The second respondent was represented by counsel BDA Collins, FMR Cooke and A Foote. Context of the Case The case is apparently a civil case; it entails a plaintiff with a case that basically entails a scenario whereby one party has not adhered to the rules governing their contract. This information to the hotel mangers as well as other employees in that it may assist in the identification and differentiation of a criminal and a civil case for purposes of future use. Employment Law Employment law can be regarded as public law or private law depending on the context with which it is formulated and applied. To begin with, employment law may be considered as a public law it has been formulated and implemented by the authorities of the state and is applicable to the entire populace of the nation. On the other hand, employment laws may be considered private laws in the case that they are formulated by private or single organizations and are applicable to within their specific areas of operations on a voluntary basis (www.legislation.govt.nz n.d). The Court The case was heard in the High Court of New Zealand; it is imperative to know the type of court that the case was conducted in that it may be used as a future reference to any similar type of case that may arise. The high court of New Zealand has an extended jurisdiction of handling cases that relates to both civil and criminal issues. The High Court of New Zealand has the authority to handle cases ascribed to civil matters that in most cases are perceived to exceed the authority of the District Courts. These cases may include matters related to trusts, bankruptcy, and valuation of land resources, company regulations as well as the exchange of funds. In scenarios where cases may appear complex, the High Court may be involved in provision of such solution. Facts of the Case There is misuse of insurance money issued to the Church by an insurance company as a compensation for the damages incurred after an earthquake. A portion of that money has been earmarked by the Church Christ Building and the Attorney General which is viewed by the trustee to be in contrast from the agreement of their trust (www.courtsofnz.govt.nz n.d) Decision in the case The verdict of the case was to be heard on the 8th April, 2013; the Jury made a decision that the Attorney General to file a responding claim tin relation to the allegations. On the other hand, plaintiff was requested to prepare a memorandum indicating their point of view concerning the case. The jury gave the two parties a period of ten days to prepare the required materials for the final verdict (www.courtsofnz.govt.nz n.d) Approaches Applied by the Authority Members In the case above, the counsels representing the respondents and the plaintiffs provided arguments by application of the purposive approach. This approach according to section 5 (1) and (2) indicates that any matter raised in the courts should be made in relation to the meanings of laws as indicated in the various applicable legal documents. This approach greatly differs from the literal rule indicated in the New Zealand rules: This rule stipulates that the words indicated in a statute are awarded their natural meaning without waiting for the judge to determine whether they are used in accordance to the stipulations of the statutes. Suggestions Business investments are usually owned by different forms of ownership; some may be owned by the application of trusts or by use of trust funds. Despite the fact that the case was not a hotel case, it is imperative to note that hotels may be managed by trusts. Therefore this information plays a crucial for determination of the methods of handling cases of trusts, especially when the form of management ownership is in form of trust. Additionally, owing to fact that the case was handled as a civil case; involving issues relate to agreements of trust; the application of such knowledge may play important roles in making future references in case the hotel undergoes the same challenge. The interpretation Act 1999 may be used by managers to determine their verdict that may be given to their cases in future hence facilitating their decision making capacities. Case Study Issue: There was improper fixation of the water pipes on the 14th floor of the hotel during the maintenance that was being conducted during the day. This led to the destruction of the property owned by certain guests who had attended a conference on the 13th floor when some of the pipes busted. One of the guests also broke his wrists after slipping on the flooded soapy floor. Law: The above scenario is guided by the law of tort which deals with factors such as; negligence, nuisance and industrial accidents. This is a civil case that can be handled by the District Courts or if there is need, they can be handled by the High Court especially when the matter is complicated. The other law applicable to this scenario is the Contributory Act of the 1947 (www.legislation.govt.nz n.d). Application: The above scenario is important for future use by the managers and employees of the Harbor Hotel. The various aspects of the law can be applied to offer guidance on the various practices undertaken by hotel workers as well as the management team. Specifically, these laws can be applied to guide compensation of any accident that may occur as well as the provision guidelines that would facilitate the prevention of any accident due to negligence. Conclusion The understanding of various regulatory measures is an important aspect of business operation; it promotes the reduction of conflict and unnecessary losses that may occur due to the breach of operational laws. Additionally, rules and regulations play an important role in promoting the success of any business by creating a harmonious relationship between the employees and their employers. Therefore, managers are encouraged to ensure that their operations are guided by applicable laws. References " New Zealand Legislation." New Zealand Legislation. N.p., n.d. Web. 9 Apr. 2013. . " Faculty of Law - The University of Auckland." Faculty of Law - The University of Auckland. N.p., n.d. Web. 9 Apr. 2013. . A Guide to the Factories & Commercial Premises Act 1981. Wellington, N.Z.: Dept. of Labour, 1987. Print. Guide to the Local Government (Rating Act )2002. Wellington: Local Government New Zealand, 2003. Print. "Homepage — Courts of New Zealand." Homepage — Courts of New Zealand. N.p., n.d. Web. 9 Apr. 2013. . Local Government Act 2002. Wellington, N.Z.: New Zealand Government, 2002. Print. Top of Form Bottom of Form Read More