[imc-sa] URGENT! Why are you allowing families in the Far North to
have their water cut off?
pennybright at xtra.co.nz
pennybright at xtra.co.nz
Thu Nov 18 17:47:07 PST 2004
OPEN LETTER/OIA REQUEST TO MINISTER OF LOCAL
GOVERNMENT CHRIS CARTER
19 November 2004
Minister for Local Government
Chris Carter
Dear Minister,
It has just been drawn to my attention that the Far North District
Council are responsible for causing water supplies to be restricted
to households to try and force payment of water bills.
This is totally unacceptable.
Water is a basic human right under International Human Rights Law,
as follows:
“UNITED NATIONS COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
General Comment No. 15 (2002) The right to water
(Articles 11 and 12 of the International Covenant on
Economic,Social and Cultural Rights) 26 November 2002.
Water is a limited natural resource and a public good fundamental
for life and health. The human right to water is indispensable
for leading a life in human dignity.
It is a prerequisite for the realization of other human rights.
The human right to water entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for
personal and domestic uses.
8. Environmental hygiene, as an aspect of the right to health
under article 12(2)(b) of the Covenant, encompasses taking
steps on a non-discriminatory basis to prevent threats to health
from unsafe and toxic water conditions.
For example, States parties should ensure that natural water
resources are protected from contamination by harmful
substances and pathogenic microbes.
The right to water contains both freedoms and entitlements.
The freedoms include the right to maintain access to existing
water supplies necessary for the right to water, and the right to
be free from interference, such as the right to be free from
arbitrary disconnections or contamination of water supplies.
The elements of the right to water must be adequate for human
dignity, life and health, in accordance with Articles 11(1) and
12. The adequacy of water should not be interpreted narrowly,
by mere reference to volumetric quantities and technologies.
Water should be treated as a social and cultural good, and
not primarily as an economic good.
27
. Any payment for water services has to be based on the
principle of equity, ensuring that these services, whether
privately or publicly provided, are affordable for all, including
socially disadvantaged groups.
Equity demands that poorer households should not be
disproportionately burdened with water expenses as compared
to richer households.”
_______________________________
As a member of the Water Pressure Group's 'Turn On Squad',
please be advised that I am very happy to make a trip up North
(as no doubt will be other WPG members) with 'Rita' and 'Peter'
our demonstration water meters.
Acting as the 'Peoples' Environmental Health Protection Officers' we
can show people how to unrestrict their water meters in order to
protect their families basic human right to water.
This news is absolutely appalling.
What about the kids?
How does depriving households of water so that they can't wash
their hands after going to the toilet, wash dishes, clothes, bodies -
how does this lack of basic sanitation aid in the prevention of child
health diseases?
I was advised that the Local Government Act 2002 has been
amended as follows:
" Local Government Act 2002 Amendment Act 2004 063
Commenced: 7 JULY 2004
19 Power to restrict water supply
Section 193(1) of the principal Act is amended by inserting, after
paragraph (b), the following paragraph:
"(ba) fails to comply with any bylaw of the local government
organisation that relates to water, water pipes, waterworks, water
races, or water supply to his or her land or building; or".
So much for the Labour Government's much-vaunted 'consultation'
and 'democracy' that the Local Government Act 2002 was supposed
to bring about!
What a joke!
As Media Spokesperson for a group that has been hugely involved in
water issues for the last six years - how come we, and others, were
not consulted about this proposed amendment?
DEMOCRACY FOR WHOM?
Who pushed this amendment and why were they listened to?
How is this decision consistent with Section 155 of the same Local
Government Act 2002 - which states:
"No bylaw may be made which is inconsistent with the New Zealand
Bill of Rights Act 1990, notwithstanding section 4 of that Act".
The relevant section in full is as follows:
"155 Determination whether bylaw is appropriate
(1) A local authority must, before commencing the process for
making a bylaw, determine whether the bylaw is the most
appropriate way of addressing the perceived problem.
(2) If a local authority has determined that a bylaw is the most
appropriate way of addressing the perceived problem, it must,
beforemaking the bylaw, determine whether the proposed bylaw -
(a) is the most appropriate form of bylaw; and
(b) gives rise to any implications under the the New Zealand Bill of
Rights Act 1990.
(3) No bylaw may be made which is inconsistent with the New
Zealand Bill of Rights Act 1990, notwithstanding section 4 of that
Act."
Having looked though this new legislation, I also discovered another
amendment which appears to facilitate the secret water privatisation
agenda for the Auckland region (the 'one big Auckland water
company' with Watercare taking over both the 'retailing' as well as
'wholesaling' of water supplies.
"Local Government Act 2002 Amendment Act 2004 063
Commenced: 7 JULY 2004
14 Partnerships and joint ventures
14 Partnerships and joint ventures
(1) Section 137 of the principal Act is amended by omitting the
heading, and substituting the heading "Joint local government
arrangements and joint arrangements with other entities".
(2) Section 137 of the principal Act is amended by repealing
subsection (1), and substituting the following subsection:
"(1) In this section,---
"joint arrangement means an arrangement entered into by 1 or
more local government organisations with 1 or more bodies that are
not local government organisations for the purpose of providing
water services or any aspect of a water service
"joint local government arrangement means an arrangement
entered into by 2 or more local government organisations for the
purpose of providing water services or any aspect of a water
service."
(3) Section 137(2)(b) and (3) of the principal Act is amended by
omitting the words "joint venture", and substituting in each case the
words joint local government arrangement".
(4) Section 137(2)(a), (3), and (4) of the principal Act is amended
by omitting the word "partnership" wherever it occurs, and
substituting in each case the words "joint arrangement".
(5) Section 137(3)(c) of the principal Act is amended by omitting
the words "to its policy on partnerships adopted under section
102(4)(e)", and substituting the words "(where relevant) to its policy
under section 102(4)(e) (which relates to partnerships between the
local authority and the private sector)".
________________________________
Please then provide the following information:
1) The submissions made/reasons put forward/ by whom/ that
resulted in the Local Government Act 2002 Amendment Act 2004
063
"19 Power to restrict water supply"
2) The opinion from Crown Law that verifies that this amendment
is not inconsistent with:
a) The New Zealand Bill of Rights Act 1990
b) The “UNITED NATIONS COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
General Comment No. 15 (2002) The right to water
(Articles 11 and 12 of the International Covenant on
Economic,Social and Cultural Rights) 26 November 2002.
3) The names of the politicians and the Parties that voted for this
amendment.
4)The submissions made/reasons put forward/by whom/ that
resulted in the Local Government Act 2002 Amendment Act 2004
063
"14 Partnerships and joint ventures"
5) The names of the politicians and the Parties that voted for this
amendment.
Looking forward to your prompt reply.
Penny Bright
Media Spokesperson
Water Pressure Group (Auckland)
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