This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.

This study investigates the impact of nutrient management regulations on pig farms in Ontario, Canada. Using mathematical programming, small, medium and large farrow to finish and finishing pig farms are examined using uniform and crop requirement based manure application. The model scenarios characterize the cost of compliance when nutrient application standards are applied from the Nutrient Management Act and a previously proposed standard from the Clean Water Act. Compliance costs for scenarios with uniform manure application are ≤6.47%; while compliance costs for scenarios with crop requirement based manure application are ≤0.25%. The Nutrient Management Act has two calculations for nutrient application standards, producers must comply with the less binding calculation. Compliance costs for producers under the less binding standard following a uniform manure application strategy are ≤1.53%; while producers following a crop requirement based manure application strategy have no compliance costs. The proposed Clean Water Act standard is more restrictive than the Nutrient Management Act standards. / Ontario Pork, OMAFRA

This study examines the compliance cost of current and proposed environmental and species regulations on Ontario beef cattle farms. A mathematical programming model was used to simulate regulatory scenarios under the Ontario Nutrient Management Act (2002), the Ontario Clean Water Act (2007) and the Ontario Endangered Species Act (2007). Both the feedlot and cow-calf models are examined using a uniform manure application and optimal nutrient management strategy in each scenario. Under the Nutrient Management Act, feedlot operations using a uniform application strategy face compliance costs of up to 3.09%, but can eliminate compliance costs altogether by switching to an optimal nutrient application strategy. Compliance costs for cow-calf farmers are up to 9.57% under a land reduction scenario and 8.68% with a previously proposed land restriction. The Endangered Species Act scenario causes cow-calf farmers to face compliance costs of up to 6.60% due to restricted use of alfalfa and pasture land. / OMAFRA

This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.

Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2017. / In 1999 the South African Parliament passed the Public Finance Management Act No.1 of 1999 (PFMA). The intention was to ensure effective and better public finance management practice. The Act requires that government departments should establish measures to prevent irregular expenditure. However, there has been persistent irregular expenditure reports every year, which is an indication of non – compliance. The aim of this research is to investigate the impact of irregular expenditure in the South African public finance management domain, using the national Department of Public Works as a case study.

Magister Legum - LLM / South Africa

Non-compliance with pieces of legislation may be considered the root cause of qualified, disclaimer and adverse opinions that continue to emerge in South African municipalities. One of those pieces of legislation is the Municipal Finance Management Act 56 of 2003. The study has assessed compliance with the Municipal Finance Management Act at Blouberg Municipality in terms of public consultation and management of the municipal budget. The researcher has used qualitative method in this study. Public consultation plays a significant role in a budgetory process of the Municipality, Municipal Finance Management Act 56 of 2003 requires Municipalities to take public views into consideration when compiling a budget. The objectives of local government are often defeated by maladministration because of non- compliance with legislations such as Municipal Finance Management Act 56 of 2003. This can be supported by audit outcomes (2011-11) from the office of the Auditor General. The report states that during the year 2010-11 forty Municipalities had not been audited because they did not submit annual financial statement on time which is a requirement in terms of the MFMA. The objective of the study is to assess compliance with the Municipal Finance Management in the Blouberg Municipality in terms of Public consultation and the competency of the Municipal officials to implement MFMA. During the study, it was found that Blouberg Municipality has embarked on Municipal Finance Management training in order to capacitate its officials to be able to implement MFMA and little has been done in terms of public consultation as members of the public were not aware of their responsibilities in terms of the Municipal budget. It is recommended that the Municipality should review its communication strategy to ensure maximum participation of the public and to create a conducive environment for public participation. / Public Administration and Management / M. P. A

This research focuses on the effectiveness of the leadership roles played by political leaders in guiding the implementation of government processes to attain the required objectives and goals. The Constitution vests the National Assembly and provincial legislatures with the power to exercise oversight of their respective executives in addition to their legislative and other powers. In order to facilitate Parliament’s oversight of the national executive organs of state, section 92(3)(b) of the Constitution requires of members of the Cabinet to provide Parliament with full and regular reports concerning matters under their control. Parliament and the legislatures have a critical role to play in overseeing effective performance by organs of state. Political leadership, through Parliament, ensures that the objectives of the state are always at the forefront of any activities that government departments and public entities engage in. The delivery of services by the government and the reporting of any achievements are also crucial and ensure that citizens know what services the government is delivering. The challenge facing the government is whether the delivery of services is effectively done and whether people for whom the services are intended do actually benefit from them. This calls for an effective monitoring and evaluation mechanism to determine whether the objectives of the government have indeed been met. Before the monitoring process can commence, effective financial management and reporting systems should be put in place to ensure that the delivery of essential services can be correctly accounted for. The South African Government has developed a financial management policy, the Public Finance Management Act (PFMA), No. 1 of 1999, the implementation of which is aimed at ensuring effective financial management processes that will help safeguard public resources. Through the oversight process of Parliament, the politicians are able to oversee the government functions being performed by government departments and public entities through the process of analysing these reports as and when they receive them. In the exercising of its oversight function, Parliament has been successful in some areas and unsuccessful in others as identified in this report. It is the aim of this report to identify those areas that have not produced good results and to make recommendations on how to deal with these areas in order to produce better results. / Thesis (DPhil)--University of Pretoria, 2006. / School of Public Management and Administration (SPMA) / unrestricted

The South African mining industry is viewed as the locomotive of the economic development in South Africa and has been a leading contributor to the economy for more than a century. However, the price paid for economic growth has left South Africa with a "mining legacy" and mining companies now face an upsurge of politically and regulatory induced challenges. Directors of mining companies have to act with a certain level of duty of care, skill and diligence in order for them to navigate through these various challenges. The heightened awareness of environmental degradation caused by mining has seen a rise in stricter mining liability legislation in South Africa, with a specific focus on company and director liability. The result is that directors are now faced with the possibility of personal liability when performing their executive function. According to the business judgment rule, directors will be shielded from liability if they acted with the necessary duty of care. The objective of this dissertation is to examine to what extent the business judgment rule will offer protection to a director of a mining company where the director caused environmental damage. The analysis of this study will be conducted in the context of the environmental damage caused by a mining company due to the decision making and 'governance' of the mining company's director or directors. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

The objective of this thesis is to describe and examine the current state of research and knowledge on performance auditing and performance reporting, and how these two components of performance management can be applied in the public sector in South Africa, and, at the same time, be in line with the provisions of the Public Finance Management Act. The roles and responsibilities and supporting mechanisms available for implementation are reflected on and the application in national departments in South Africa is analysed. The analysis demonstrates that limited performance audits are conducted and reported on in the annual report. Although there has been a continuous improvement in performance reporting major shortcomings identified by the Auditor-General SA include the lack of sufficient supporting evidence and non-alignment between the planning, budgeting and actual reporting information. Accounting officers made reference to performance information in their reports but the content differed and audit committees also adopt various practices. Challenges include the lack of standards, support and incentives or sanctions for poor reporting. The study concludes with recommendations and suggestion for future research. / Auditing / M. Com. (Auditing)