How does sustainability and freedom from pollution pertain to the treaty?
Instructions: Read the Treaty and answer the questions below. This may be used for theory classroom discussion.
HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorised to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands – Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorise me William Hobson a Captain in Her Majesty's Royal Navy Consul and Lieutenant-Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.
Article the first [Article 1]
The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole sovereigns thereof.
Article the second [Article 2]
Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.
Article the third [Article 3]
In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.
(signed) William Hobson, Lieutenant-Governor.
Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi this Sixth day of February in the year of Our Lord one thousand eight hundred and forty.
Treaty from this site: http://www.nzhistory.net.nz/node/4609
1. What part of the Treaty relates to pollution and sustainability? Write the phrase that relates here: (If you can’t find it, reread Article 2)
Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.2. What are ways that modern civilization could pollute the land, the sea, or the air?
Our world’s population is exploding. Throughout history, our population has grown slowly but since modern medicine has stopped many deaths from disease and modern farming methods mean more food is available, death rates in underdeveloped countries are much lower than birth rates.This increase in population, together with increasing living standards, puts more demands on our environment, meaning more raw materials (including non-renewables) are used up. More waste is being produced and unless it’s handled properly will only cause more pollution.
Pollution means substances introduced by humans (either directly or indirectly), that results in harm to living resources, marine life, hazards to human health, hinders marine activities or spoils the quality for use of water. Human activity can pollute all these parts of the environment.
• Water – by sewage, fertilizers and toxic chemicals.
• Land – by pesticides and other toxic chemicals (which can be washed from land to water).
• Air – by smoke and gases (such as sulphur dioxide).
3. What New Zealand legislation directs what should happen about pollution? (You may need to do an internet search to find this.) Record your answers here:
Pollution and the law
It is each company's responsibility to ensure that their activities comply with relevant legalisation. Non-compliance can have consequences for your business, both in terms of financial costs (such as fines and clean-up costs) and bad publicity.Legal requirements for industry
Resource Management Act (1991)
Tools used to enforce the RMA
Proposed Auckland Regional Plan: Air, Land and Water
Transitional Regional Plan
Hazardous Substances and New Organisms Act (1996)
Local Government Act
Environment Court
Legal requirements for industry
All businesses should be aware of the following environmental legislation and plans:
Resource Management Act (1991)
Hazardous Substances and New Organisms Act (1996)
Proposed Air Land and water Plan (Proposed ALW Plan).
Resource Management Act (1991)
The Resource Management Act 1991 (RMA)
is New Zealand's environmental protection legislation. Under the RMA, the:
ARC is responsible for the management of the Auckland region's environment in order to protect natural habitats and resources and sustain them for future generations.
All individuals are responsible for ensuring that their activities do not result in pollution (Section 17), and any unauthorized discharges of contaminants to water, and to land where it may end up in water are prohibited (Section 15). Any unauthorized discharge to land from industrial or trade premises is prohibited whether or not it may end up in water. Companies should also be aware that they will ultimately be held responsible for any offence caused by an employee, contractor or agent (Section 340).
Tools used to enforce the RMA
The ARC uses various tools to enforce the RMA. These include:
education via publications and factsheets
a warning letter advising why a particular incident has breached the RMA
abatement notices requiring a person or business to stop an offending activity or take some action to ensure compliance
infringement fines of up to $1,000
prosecution which may result in imprisonment for a maximum term of two years or a fine of up to $300,000 for individuals and $600,000 for companies.
enforcement orders which are made by the Environment Court requiring a person or business to stop an offending activity or to do something necessary to ensure compliance with the RMA or mitigate or remedy any adverse effect on the environment.
Proposed Auckland Regional Plan: Air, Land and Water
Under the RMA, discharges to Auckland's environment must be authorised by the ARC. The Proposed Auckland Regional Plan: Air, Land and Water (Proposed ALW Plan) was prepared to assist in carrying out this function, and applies to the management of air, land and water resources within the region.
The ‘industrial or trade process' rules in the Proposed ALW Plan specify how businesses should manage their pollution risks, and focus on managing risks ‘at source' rather than relying on cleaning up after contamination has occurred.
Schedule 3 of the Proposed ALW Plan identifies industrial or trade processes that are considered high risk. These activities need an ‘industrial or trade process' consent
to discharge contaminants onto or into land or water.
Although the ALW Plan is currently only a proposed plan, it can still be used to guide ARC's assessment of industry and applications for resource consents.
Transitional Regional Plan
Until the Proposed ALW Plan is finalised, the Transitional Regional Plan (TRP) is the operative plan for the Auckland region. The TRP consists of general authorisations (or permitted activities), and has no polices or objectives.
The following regional plans have also been produced by the ARC to carry out its functions under the RMA:Coastal Plan
Sediment and Erosion Control Plan
Farm Dairy Discharges Plan.
Hazardous Substances and New Organisms Act (1996)
The Hazardous Substances and New Organisms Act (1996) (HSNO) is an environmental and health and safety law aimed at protecting the health and safety of people, communities, and the environment. It does this by managing the adverse effects of hazardous substances and new organisms.
Is an environmental and health and safety law aimed at protecting the health and safety of people, communities, and the environment. It does this by managing the adverse effects of hazardous substances and new organisms.
Sites that store, use, or manufacture certain quantities of substances with harmful properties (e.g. flammable or toxic) must comply with relevant HSNO regulations.
For more information take this link to the Environmental Risk Management Authority website.
Local Government Act (2002)
It is ARC policy that costs associated with air, land or water pollution incidents, or non compliance with the RMA, must be borne by the party responsible and not by the ratepayer. The costs are payable under section 150 of the Local Government Act (2002) and may include officers' time for inspections, mileage, analytical fees and other expenses.
Environment Court
The Environment Court operates under the RMA, and considers appeals on council decisions on consents, proposed plans, policy statements and enforcement orders. Prosecutions under the RMA are heard in the District Court.
The operates under the RMA, and considers appeals on council decisions on consents, proposed plans, policy statements and enforcement orders. Prosecutions under the RMA are heard in the District Court.
The Environment Court's rulings have consistently confirmed three important points:
companies and individuals are legally responsible for dealing with any foreseeable incidents that may occur while carrying out their activities. They have a legal duty to avoid, remedy and mitigate any harm to the environment resulting from their activity
if daily exercises include the use, storage or transport of any substances capable of causing environmental harm, it is foreseeable that a spill of that substance will occur at some time
if companies and individuals can demonstrate that they were adequately prepared to deal with a spill and took all the reasonable steps to clean up following an incident to minimise any harm to the environment, they are less likely to be punished by the court.
If you do not have a Spill Response Plan
in place, you expose yourself to serious financial and legal risk.
Other links:Resource consents
Hazardous Substances and New Organisms Act (1996) (HSNO)
Publications:
RMA 1991Proposed ALW Plan
Transitional Regional Plan
Coastal Plan
Sediment and Erosion Control Plan
Farm Dairy Discharges Plan
Reference by
http://www.bp.com/liveassets/bp_internet/globalbp/STAGING/global_assets/downloads/E/bp_explorer_schools_project_waste.pdf
http://www.arc.govt.nz/environment/managing-pollution-and-waste/land-and-water-pollution/pollution-and-the-law.cfm
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