Local and Global Governance Notes

Introduction

• Overview of local and global governance beyond central government.
• Definition of public power exercised by:
  • Sub-national governance bodies (e.g., local government).
  • Non-state entities (e.g., Māori authorities, international organizations).
  • Private sector entities that influence public governance.
• New Zealand's position in global governance and international law.

Local Government

• New Zealand has a unitary state system with powers centralized in national government.
• No sub-national provincial governments; failed federalism lead to abolition of provincial government in 1875.
• Localism Benefits:
  • Closeness between governors and governed.
  • Enhances community participation, responsiveness, and pluralism.
  • Local government crucial for democracy despite not having formal constitutional status.
• Calls for recognition of local democracy and subsidiarity arise periodically.
• Changing Structure:
  • Local government history marked by fragmentation and reorganization, particularly in 1970s and 1980s.
  • Significant reforms like the Local Government Act 2002 enable institutional autonomy.
  • Establishment of Auckland Council in 2010 as a model for merging local authorities.
• Local Authority Structure:
  • Comprises 11 regional councils and 67 territorial authorities (53 district councils and 12 city councils).
  • M ā ori electoral wards established to improve representation.
• Governance Details:
  • Mayors are directly elected; regional council chairpersons are elected by governing bodies.
  • Governance vested in elected members with limited party representation.
  • Administration led by a chief executive implementing policies of the governing body.
• Mandate & Responsibilities:
  • Broad mandate to promote community well-being, focusing on services like infrastructure, environmental health, and disaster management.
  • Local Government Act 2002 outlines operational framework promoting financial prudence and accountability.

Māori Governance

• Historical Māori legal systems show distinct governance traditions linked to iwi, hapū, and whānau.
• Entities like the Māori Kingitanga symbolize efforts for representative Māori governance since 1858.
• Māori Council established as a self-governing organization to represent Māori interests and litigate on behalf of Māori.
• Increased control of resources by iwi through Treaty settlements, leading to significant economic power.
• Development of iwi organizations with governance systems tailored to community needs.
• Creation of legal personality for natural entities like Te Urewera and Whanganui River post-settlement.

Non-State Bodies and the Private Sector

• Following corporatization and privatization in the late 20th century, many governmental roles transferred to the private sector.
• Examples include privatization in health and utility sectors.
• Industry self-regulation generates public law implications, as seen with health and legal professions.
• Suggests growing accountability for private entities performing public functions.

Global Institutions and International Relationships

• New Zealand’s legal framework interacts with a decentralized international legal order.
• International law primarily based on treaties and customary practices among states, lacking centralized enforcement.
• Treaties bind states under various forms, including bilateral and multilateral agreements.
• Customary international law establishes norms based on state practice.
• New Zealand’s Role:
  • Operates under a dualist legal system where international and domestic laws coexist.
  • Executive branch primarily manages international relations, with treaty obligations needing parliamentary legislation to become enforceable.
  • Domestic law non-enforceable until incorporated by parliamentary action, reflecting dualist structure.
  • Cabinet processes ensure proposed laws consider international obligations, fostering consistency.

Conclusion

• Public power sources are situated along a local-global spectrum.
• Historical shifts towards a centralized state in New Zealand; growing interest in local governance alongside global influences.
• Future governance will likely involve a balance between national, local, and global powers, necessitating constitutional adaptations.