‘I Find That Offensive!’ – recommended by Patrik Schumacher · Mar 25

BOOK PROMO [by tweet]

‘I Find That Offensive!’ (Provocations Series)
By Claire Fox

When you hear that now ubiquitous phrase ‘I find that offensive’, you know you’re being told to shut up. While the terrible murder of the Charlie Hebdo cartoonists demonstrated that those who offend can face the most brutal form of censorship, it also served only to intensify the pre-existing climate that dictates we all have to walk on eggshells to avoid saying anything offensive – or else.

Indeed, competitive offence-claiming is ratcheting up well beyond religious sensibilities. So, while Islamists and feminists may seem to have little in common, they are both united in demanding retribution in the form of bans, penalties and censorship of those who hurt their feelings.

But how did we become so thin-skinned? In ‘I Find That Offensive!’ Claire Fox addresses the possible causes of what is fast becoming known as ‘Generation Snowflake’ head-on (no ‘safe spaces’ here) in a call to toughen up, become more robust and make a virtue of the right to be offensive.

PROVOCATIONS is a groundbreaking new series of short polemics composed by some of the most intriguing voices in contemporary culture and edited by Yasmin Alibhai-Brown. Sharp, intelligent and controversial, Provocations provides insightful contributions to the most vital discussions in society today.

“An ambitious new series that tackles the controversy of the topics explored with a mixture of intelligence and forthright argument from some excellent writers.” — The Observer

Bitebackpublishing.com

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26.3.16 New Zealand Bill of Rights Act 1990 —Section 14

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Posted by Elizabeth Kerr

New Zealand Bill of Rights Act 1990 —Section 14

█ The Act (government legislation): http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

MINISTRY OF JUSTICE
About the New Zealand Bill of Rights Act 1990 (Guidelines) Link

The New Zealand Bill of Rights Act 1990 [NZBORA] was enacted to affirm, protect and promote human rights and fundamental freedoms in New Zealand. The Act also affirms New Zealand’s commitment to the International Convention on Civil and Political Rights (ICCPR) on which the rights and freedoms it contains are based.

When it was enacted, the Bill of Rights Act did not create any new rights but merely confirmed existing common law rights. The Act does not reflect all ICCPR rights; however, section 28 provides that, just because a right or freedom is not expressly provided for in the Act, that does not mean that the right or freedom does not exist or is otherwise restricted. The right or freedom is given effect by other legislation and by common law. For instance, while the ICCPR contains a right to privacy, the Bill of Rights does not. Nonetheless, the Privacy Act 1993, together with the common law tort of privacy, provides for rights of personal privacy.

The rights and freedoms
The Bill of Rights Act affirms the following rights and freedoms:
● the right not to be deprived of life (section 8)
● the right not to be subjected to torture or cruel treatment (section 9)
● the right not to be subjected to medical or scientific experimentation (section 10)
● the right to refuse to undergo medical treatment (section 11)
● electoral rights (section 12)
● the freedom of thought, conscience, and religion (section 13)
● the freedom of expression (section 14)
● the right to manifest religion and belief (section 15)
● the freedom of peaceful assembly (section 16)
● the freedom of association (section 17)
● the freedom of movement (section 18)
● the right to freedom from discrimination (section 19)
● rights of minorities (section 20)
● the right to be secure against unreasonable search and seizure (section 21)
● the right not to be arbitrarily arrested or detained (section 22)
● rights of persons arrested or detained (section 23)
● rights of persons charged with an offence (section 24)
● rights to minimum standards of criminal procedure (section 25)
● the right not to be liable to retroactive penalties or double jeopardy (section 26), and
● the right to natural justice (section 27).

Application
The Bill of Rights Act is designed to protect individuals (natural persons) and legal persons (such as corporations) from the actions of the State (section 29). The Act applies to any acts done by the legislative, executive or judicial branches of the government, or by any person or body performing a public function, power or duty conferred or imposed by or pursuant to law (section 3).

Limitations
The rights and freedoms contained in the Bill of Rights Act are not absolute but may only be subject to reasonable limits that are prescribed by law and can be “demonstrably justified in a free and democratic society”. If a limitation does not satisfy this test then the legislative provision, policy or practice is inconsistent with the relevant section of the Bill of Rights Act.

The Bill of Rights Act does not have the status of supreme law. This means that the Courts cannot use the Act to repeal, revoke, or invalidate other legislation. In the event of an inconsistency between the Bill of Rights Act and another enactment, the other enactment must prevail (section 4). The Bill of Rights Act, however, includes two important safeguards to help protect human rights.
Cont/

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Douglas Field 25.3.16

MINISTRY OF JUSTICE
█ The Guidelines on the New Zealand Bill of Rights Act 1990: A Guide to the Rights and Freedoms in the Bill of Rights Act for the Public Sector

Introduction to sections 12 – 18: Democratic and Civil Rights Link
Sections 12 – 18 of the Bill of Rights Act concern the fundamental rights and freedoms that are essential to an individual’s effective representation and meaningful participation in the public life of a democratic society.

Section 12 Electoral Rights
Section 13 Freedom of Thought
Section 14 Freedom of expression*
Section 15 Manifestation of religion and belief
Section 16 Freedom of peaceful assembly
Section 17 Freedom of association
Section 18 Freedom of Movement

….

█ Section 14 – Freedom of expression Link
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

[excerpt]
What every policy analyst needs to know about section 14:

● There are very few activities that will not be protected by the freedom of expression because most human activity has an expressive element (including political, artistic and commercial expression).
● Speech or an expression that is considered important to the ability of individuals to participate in core democratic processes, for example in elections, and political and social speech, is likely to enjoy a very high degree of protection.
● A fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however unpopular, offensive or distasteful.
● The right generally protects all expression that conveys or attempts to convey meaning except expressive activity that takes the form of violence.
● Even though the right extends to all types of opinions, certain categories of expression (e.g., advertising, pornography or speech that incites racial violence) are more likely to be subject to reasonable limitations than others (e.g., political and social speech).
● The scope of section 14 means that as all forms of expression except those that take the form of violence are protected by the right, any restriction on expressive activity will be considered in the context of section 5 of the Bill of Rights Act.
● Freedom of expression includes the right to say nothing or the right not to say certain things.
● The opinions or views do not have to be held by that individual – the protection broadens out to include anyone else who subsequently communicates or disseminates those ideas or opinions.
● The right to seek and receive information may involve consideration of other statutory frameworks such as the Official Information Act 1982 or the Privacy Act 1993.

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█ In Brief: Your rights under the New Zealand Bill of Rights Act (PDF)
[click to enlarge]

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Posted by Elizabeth Kerr

DUNEDIN: We’re short(!) but here is some UK nous…

Dunedin City has New Zealand’s largest historic heritage resource.

The following is taken from three pages of the English Heritage HELM Historic Environment Local Management website:

1. Tall Buildings
2. Regeneration
3. Building in Context

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TALL BUILDINGS

Guidance on tall buildings update
The English Heritage and Design Council CABE 2007 joint Guidance on tall buildings is a material consideration in the determination of planning applications for tall buildings.

Guidance on tall buildings
Guidance on Tall Buildings sets out how English Heritage and Design Council CABE evaluate and consider proposals for tall buildings. It also offers advice on good practice in relation to tall buildings in the planning process. Both organisations recommend that local planning authorities use it to inform policy making and to evaluate planning applications for tall buildings where the appropriate policies are not yet in place and the Government has endorsed this guidance.

This revised version was endorsed by Government on 26 July 2007. The Parliamentary Under-Secretary of State for Communities and Local Government (Mr. Iain Wright) said:
“In conjunction with my colleague the Minister for Culture, Creative Industries and Tourism, Department for Culture, Media and Sport, I would like to bring to the attention of the House the guidance note on tall buildings prepared jointly by English Heritage and the Commission for Architecture and the Built Environment (CABE), which is published today. This updates and supersedes previous guidance published in 2003 and reflects changes to the planning system since that time.

The Government’s aim is to ensure local planning authorities are getting the right developments in the right places, which we consider to be a fundamental part of creating places where people will want to live and work, now and in the future. Recent reforms to the planning system have helped to reinforce this message, making clear that all new development should be of good quality and designed in full appreciation of its surroundings and context. Tall buildings, in the right places and appropriately designed, can make positive contributions to our cities.

The Government therefore welcome this updated guidance, which will assist local planning authorities when evaluating planning applications for tall buildings, including, importantly, the need for effective engagement with local communities. It also places a greater emphasis on the contribution that design can make to improving the character and quality of an area. It offers good practice guidance to a range of stakeholders in relation to tall buildings in the planning process, provides practical advice on achieving well-designed solutions in the right places, and is capable of being material to the determination of planning applications. Copies of the documents are being placed in the Libraries of both Houses.”

The Guidance and the National Planning Policy Framework
The approach set out in the Guidance is consistent with the National Planning Policy Framework (NPPF). At the heart of the NPPF is the presumption in favour of “sustainable development”. Pursuing sustainable development involves seeking improvements to the quality of the built and historic environment (paragraph 9) as well as economic, social and environmental progress generally. Paragraph 17 identifies 12 core principles that should underpin both plan making and decision taking, including securing high quality design and a good standard of amenity for all existing and future occupants of land and buildings, taking account of the different roles and character of different areas; conserving heritage assets in a manner appropriate to their significance.

The Government attaches great importance to the design of the built environment. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions (paragraphs 56 and 64). Planning decisions should ensure amongst other things that developments respond to local character and history (paragraph 58). Planning decisions should also address connections between people and places and the integration of new development into the historic environment (paragraph 61).

Local Planning Authorities should set out their strategic priorities for the area which should include strategic policies to deliver the conservation and enhancement of the natural and historic environment, including landscape (paragraph 156). Crucially, local plans should identify land where development would be inappropriate, for instance because of its environmental or historic significance. They need to contain a clear strategy for enhancing the natural, built and historic environment where they have been identified. – paragraph 157. This follows on from the requirement that local plans should set out the opportunities for development and clear policies on what will or will not be permitted and where (paragraph 154).

It is also important to note that local planning authorities should have up to date evidence about the historic environment in their area and use it to assess the significance of heritage assets and the contribution they make to their environment (paragraph 169).
Link

Download
Guidance on tall buildings 2007 (71 KB)

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REGENERATION

The historic environment is the context within which new development happens. Major inner city renewal, rural diversification, edge of village development, traffic calming measures: all have the potential to enhance or degrade the existing environment and to generate time- and resource-hungry conflict. An early understanding of the character and value of the historic environment prevents conflict and maximises the contribution historic assets can make to future economic growth and community well-being.

Conservation-led regeneration encourages private-sector investment both by retaining businesses in an area and by providing an incentive to relocate to it. Putting resources into a neighbourhood because of the value of what is already there, rather than labelling it as deprived, builds community and business confidence. So do works to improve the maintenance of the public realm of streetscape and public parks and gardens.

Understanding how places change, what makes them distinctive and the significance of their history is the key to regeneration. The historic environment is part of successful regeneration because it contributes to:

● Investment: Historic places attract companies to locate, people to live, businesses to invest and tourists to visit. Market values in historic areas are higher than elsewhere.

● Sense of place: People enjoy living in historic places. There is often greater community cohesion.

● Sustainability: Re-use of historic buildings minimises the exploitation of resources. There is evidence of lower maintenance costs for older houses.

● Quality of life: The historic environment contributes to quality of life and enriches people’s understanding of the diversity and changing nature of their community.

Planning for regeneration and renewal requires strong, effective partnerships at local and regional level. Local authorities play a central part in the management of the historic environment. The Local Authority Historic Environment Services pages give more information about the role of local authorities.

Conservation-led regeneration is successful because places matter to people. Neighbourhood renewal works because the quality of the places in which people live directly affects their quality of life. When communities are helped to develop their own sense of what matters for them, and why, the results can transform a neighbourhood and act as a catalyst for further private- and public-sector investment.
Link

Further reading
Regeneration and the Historic Environment
Heritage & Spin-off benefits
Heritage Works
Regeneration in Coastal Towns

Websites
English Heritage Regeneration Policy
The Heritage Dynamo: how the voluntary sector drives regeneration
Prince’s Trust Regeneration Through Heritage Handbook

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BUILDING IN CONTEXT

Building in Context was published jointly by English Heritage and CABE (the Commission for Architecture and the Built Environment) in 2001. It aims to stimulate a high standard of design when development takes place in historically sensitive contexts. It aims to do this by example, showing a series of case studies in which achievement is far above the ordinary. As a result, it is hoped that people will be encouraged to emulate the commitment and dedication shown by the clients, architects, planning officers and committee members involved in the projects illustrated and be able to learn from their experience.

The belief underlying the publication is that the right approach is to be found in examining the context for any proposed development in great detail and relating the new building to its surroundings through an informed character appraisal. This does not imply that any one architectural approach is, by its nature, more likely to succeed than any other. On the contrary, it means that as soon as the application of a simple formula is attempted a project is likely to fail, whether that formula consists of ‘fitting in’ or ‘contrasting the new with the old’.

A successful project will:

● Relate well to the geography and history of the place and the lie of the land
● Sit happily in the pattern of existing development and routes through and around it
● Respect important views
● Respect the scale of neighbouring buildings
● Use materials and building methods which are as high in quality as those used in existing buildings
● Create new views and juxtapositions which add to the variety and texture of the setting.

The right approach involves a whole process in addition to the work of design, from deciding what is needed, through appointing the architect, to early discussions with and eventual approval by the planning authority.

Collaboration, mutual respect and a shared commitment to the vision embodied in the project will be needed if the outcome is to be successful. The report came to a number of conclusions:

● All successful design solutions depend on allowing time for a thorough site analysis and careful character appraisal of the context
● The best buildings result from the creative dialogue between the architect, client, local planning authority and others; pre-application discussions are essential
● The local planning authority and other consultees can insist upon good architecture and help to achieve it
● Difficult sites should generate good architecture, and are not an excuse for not achieving it
● With skill and care, it is possible to accommodate large modern uses within the grain of historic settings
● High environmental standards can help generate good architecture
● Sensitivity to context and the use of traditional materials are not incompatible with contemporary architecture
● Good design does not stop at the front door, but extends into public areas beyond the building
● High-density housing does not necessarily involve building high or disrupting the urban grain and it can be commercially highly successful
● Successful architecture can be produced either by following precedents closely, by adapting them or by contrasting with them
● In a diverse context a contemporary building may be less visually intrusive than one making a failed attempt to follow historic precedents

The above are extracts from the document, which was written by Francis Golding. The case studies were chosen to cover a wide range of different uses, locations, architectural approaches and processes. Each case study looks at the project as a whole, the site, the problems, the solutions and the lessons learnt.

The full text of Building in Context and its case studies are available on-line from the PDF version of the document.
Link

Download
Building in context: New development in historic areas (2.94 MB)

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Posted by Elizabeth Kerr