119-599: Wenderholm Regional Park is a regional park north of Auckland in New Zealand's North Island . It is situated between the estuaries of the Puhoi River and the Waiwera River , on the east coast of New Zealand's North Island and features a homestead known as Couldrey House , and a carved pouwhenua . The park also features the 2 kilometres (1.2 mi) 'Maungatauhoro Te Hikoi' walking track, starting at
238-546: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of
357-502: A bachelor's or higher degree, 464,022 (41.0%) had a post-high school certificate or diploma, and 298,851 (26.4%) people exclusively held high school qualifications. The median income was $ 44,600, compared with $ 41,500 nationally. 160,164 people (14.2%) earned over $ 100,000 compared to 12.1% nationally. The employment status of those at least 15 was that 605,601 (53.5%) people were employed full-time, 132,180 (11.7%) were part-time, and 39,441 (3.5%) were unemployed. Many ethnic groups , since
476-535: A defensive outpost located at the highest point of the peninsula, Maungatauhoro / Wenderholm Hill. The Auckland politician and entrepreneur Sir Robert Graham protected many of the ancient trees in the area from felling to be used for timber for ships. He went on to build a homestead in the park (now known as the Couldrey House ), in the late 1850s. Many of the historic trees in the park were given as gifts to Robert Graham from George Grey . The name Wenderholm
595-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with
714-602: A gift of fifteen works of art by New York art collectors and philanthropists Julian and Josie Robertson – including well-known paintings by Paul Cézanne , Pablo Picasso , Henri Matisse , Paul Gauguin and Piet Mondrian . This is the largest gift ever made to an art museum in Australasia. Other important art galleries include Mangere Arts Centre , Tautai Pacific Arts Trust , Te Tuhi , Te Uru Waitākere Contemporary Gallery , Gow Langsford Gallery , Michael Lett Gallery, Starkwhite, and Bergman Gallery . Auckland Domain
833-619: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for
952-451: A more natural character than the surrounding city. Prehistoric earthworks and historic fortifications are in several of these parks, including Maungawhau / Mount Eden , North Head and Maungakiekie / One Tree Hill . Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation ,
1071-581: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of
1190-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to
1309-614: A population of 1,402,275 in the 2023 New Zealand census , an increase of 56,442 people (4.2%) since the 2018 census , and an increase of 178,734 people (14.6%) since the 2013 census . There were 692,490 males, 704,607 females and 5,178 people of other genders in 454,239 dwellings. 4.9% of people identified as LGBTIQ+ . The median age was 35.1 years (compared with 38.1 years nationally). There were 270,384 people (19.3%) aged under 15 years, 307,065 (21.9%) aged 15 to 29, 651,645 (46.5%) aged 30 to 64, and 173,178 (12.3%) aged 65 or older. Of those at least 15 years old, 290,814 (25.7%) people had
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#17327982045351428-664: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over
1547-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus
1666-531: A strong boost to local commerce. This, and continued road building towards the south into the Waikato region, enabled Pākehā (European New Zealanders) influence to spread from Auckland. The city's population grew fairly rapidly, from 1,500 in 1841 to 3,635 in 1845, then to 12,423 by 1864. The growth occurred similarly to other mercantile -dominated cities, mainly around the port and with problems of overcrowding and pollution. Auckland's population of ex-soldiers
1785-632: A timeframe of weeks to years before cessation of activity. Future eruptive activity remains a threat to the city, and will likely occur at a new, unknown location within the field. The most recent activity occurred approximately 1450 AD at the Rangitoto Volcano . This event was witnessed by Māori occupants of the area, making it the only eruption within the Auckland Volcanic Field thus far to have been observed by humans. The Auckland Volcanic Field has contributed greatly to
1904-1040: A variety of cultural institutions, such as the Auckland War Memorial Museum , the Museum of Transport and Technology , and the Auckland Art Gallery Toi o Tāmaki . Its architectural landmarks include the Harbour Bridge , the Town Hall , the Ferry Building and the Sky Tower , which is the second-tallest building in the Southern Hemisphere after Thamrin Nine . The city is served by Auckland Airport , which handled 18.5 million passengers in 2024. Auckland
2023-440: A variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in
2142-403: A way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in the eminent domain action. Takings may be of
2261-824: Is 34.0 °C (93.2 °F) on 12 February 2009, while the minimum is −5.7 °C (21.7 °F) recorded at Riverhead Forest in June 1936 Snowfall is extremely rare: the most significant fall since the start of the 20th century was on 27 July 1939, when snow fell just before dawn and five centimetres (2 in) of snow reportedly lay on Mount Eden . Snowflakes were also seen on 28 July 1930 and 15 August 2011. Frosts in Auckland are infrequent and often localised. Henderson Riverpark receives an annual average of 27.4 ground frosts per year, while Auckland Airport receives an annual average of 8.7 ground frosts per year. Average sea temperature around Auckland varies throughout
2380-697: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and
2499-705: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,
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#17327982045352618-477: Is defined by Statistics New Zealand under the Statistical Standard for Geographic Areas 2018 (SSGA18), spans 607.07 square kilometres (234.39 sq mi) and extends to Long Bay in the north, Swanson in the north-west, and Runciman in the south. Auckland's functional urban area (commuting zone) extends from just south of Warkworth in the north to Meremere in the south, incorporating
2737-494: Is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even the taking of a professional sports team 's franchise has been held by the California Supreme Court to be within
2856-555: Is fed entirely by basaltic magma sourced from the mantle at a depth of 70–90 km below the city, and is unrelated to the explosive, subduction -driven volcanism of the Taupō Volcanic Zone in the Central North Island region of Aotearoa, New Zealand, ~250 km away. The Auckland Volcanic Field is considered to be a monogenetic volcanic field , with each volcano erupting only a single time, usually over
2975-625: Is home to several notable yacht clubs and marinas, including the Royal New Zealand Yacht Squadron and Westhaven Marina , the largest of the Southern Hemisphere . The Waitematā Harbour has several swimming beaches, including Mission Bay and Kohimarama on the south side of the harbour, and Stanley Bay on the north side. On the eastern coastline of the North Shore, where the Rangitoto Channel divides
3094-578: Is one of the largest parks in the city, it is close to the Auckland CBD and has a good view of the Hauraki Gulf and Rangitoto Island . Smaller parks close to the city centre are Albert Park , Myers Park , Western Park and Victoria Park . While most volcanic cones in the Auckland volcanic field have been affected by quarrying, many of the remaining cones are now within parks, and retain
3213-480: Is one of the world's most liveable cities in the world, ranking third in the 2023 Mercer Quality of Living Survey and at ninth place in a 2024 ranking of the Global Liveability Ranking by The Economist . The Auckland isthmus was settled by Māori around 1350, and was valued for its rich and fertile land. Many pā (fortified villages) were created, mainly on the volcanic peaks. By
3332-448: Is set to grow to an estimated 1.9 million inhabitants by 2031 in a medium-variant scenario. This substantial increase in population will have a huge impact on transport, housing and other infrastructure that are, particularly in the case of housing, that are considered to be under pressure already. The high-variant scenario shows the region's population growing to over two million by 2031. In July 2016, Auckland Council released, as
3451-421: Is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise
3570-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where
3689-582: The Auckland Province until the provincial system was abolished in 1876. In response to the ongoing rebellion by Hōne Heke in the mid-1840s, the government encouraged retired but fit British soldiers and their families to migrate to Auckland to form a defence line around the port settlement as garrison soldiers. By the time the first Fencibles arrived in 1848, the Northern War had concluded. Outlying defensive towns were then constructed to
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3808-463: The Auckland Region , an administrative region that takes its name from the city. The region encompasses the city centre, as well as suburbs, surrounding towns, nearshore islands, and rural areas north and south of the urban area. The Auckland central business district is the most built-up area of the region. The CBD covers 433 hectares (1,070 acres) in a triangular area, and is bounded by
3927-549: The Auckland waterfront on the Waitematā Harbour and the inner-city suburbs of Ponsonby , Newton and Parnell . The central areas of the city are located on the Auckland isthmus , less than two kilometres wide at its narrowest point, between Māngere Inlet and the Tamaki River . There are two harbours surrounding this isthmus: Waitematā Harbour to the north, which extends east to the Hauraki Gulf and thence to
4046-598: The Crown and the Church . Soon after signing the treaty, Ngāti Whātua Ōrākei made a strategic gift of 3,500 acres (1,400 ha) of land on the Waitematā Harbour to the new Governor of New Zealand, William Hobson , for the new capital , which Hobson named for George Eden, Earl of Auckland , then Viceroy of India . Auckland was founded on 18 September 1840 and was officially declared New Zealand's capital in 1841, and
4165-530: The Department of Conservation , and the Tūpuna Maunga o Tāmaki Makaurau Authority . The Auckland urban area, as defined by Statistics New Zealand, covers 605.67 km (233.85 sq mi). The urban area has an estimated population of 1,531,400 as of June 2024, 28.7 percent of New Zealand's population . The city has a population larger than the entire South Island (1,260,000). The urban area had
4284-603: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish
4403-532: The Hibiscus Coast in the northeast, Helensville , Parakai , Muriwai , Waimauku , Kumeū - Huapai , and Riverhead in the northwest, Beachlands-Pine Harbour and Maraetai in the east, and Pukekohe , Clarks Beach , Patumāhoe , Waiuku , Tuakau and Pōkeno (the latter two in the Waikato region) in the south. Auckland forms New Zealand's largest urban area . The Auckland urban area lies within
4522-798: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which
4641-568: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation
4760-568: The North Island of New Zealand . It has an urban population of about 1,531,400 (June 2024). It is located in the greater Auckland Region , the area governed by Auckland Council , which includes outlying rural areas and the islands of the Hauraki Gulf , and which has a total population of 1,798,300 as of June 2024. It is the most populous city of New Zealand and the fifth largest city in Oceania. While Europeans continue to make up
4879-575: The Rodney County Council the Auckland Regional Authority appealed the decision and acquired the land for £185,000 in 1965 under eminent domain . Wenderholm was opened as the first regional park of Auckland following this. The Puhoi River is a popular spot for kayakers . Auckland Auckland ( / ˈ ɔː k l ə n d / AWK -lənd ; Māori : Tāmaki Makaurau ) is a large metropolitan city in
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4998-698: The Trewartha climate classification and according to the National Institute of Water and Atmospheric Research (NIWA), the city's climate is classified as humid subtropical climate with warm summers and mild winters (Trewartha climate classification Cfbl ). It is the warmest main centre of New Zealand. The average daily maximum temperature is 23.7 °C (74.7 °F) in February and 14.7 °C (58.5 °F) in July. The maximum recorded temperature
5117-672: The Whau local board area. Europeans formed the plurality in the Henderson-Massey , Maungakiekie-Tāmaki and Papakura local board areas, and formed the majority in the remaining 11 local board areas. Māori did not form a majority or plurality in any local board area but are in the highest concentrations in the Manurewa and Papakura local board areas. Immigration to New Zealand is heavily concentrated towards Auckland (partly for job market reasons). This strong focus on Auckland has led
5236-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,
5355-475: The 1740s onwards, Ngāti Whātua Ōrākei became the major influential force on the Auckland isthmus. The Māori population in the area is estimated to have been about 20,000 before the arrival of Europeans. The introduction of firearms at the end of the eighteenth century, which began in Northland , upset the balance of power and led to devastating intertribal warfare beginning in 1807, causing iwi who lacked
5474-562: The 2023 census, where people could identify as more than one ethnicity, the results were 44.0% European ( Pākehā ); 12.2% Māori ; 18.7% Pasifika ; 34.9% Asian ; 2.9% Middle Eastern, Latin American and African New Zealanders (MELAA); and 1.7% other, which includes people giving their ethnicity as "New Zealander". English was spoken by 91.5%, Māori language by 2.7%, Samoan by 5.3% and other languages by 32.0%. No language could be spoken by 2.4% (e.g. too young to talk). New Zealand Sign Language
5593-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have
5712-575: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of
5831-479: The Asian population had reached 18.0 per cent in Auckland, and 36.2 per cent in the central city. New arrivals from Hong Kong, Taiwan and Korea gave a distinctive character to the areas where they clustered, while a range of other immigrants introduced mosques, Hindu temples, halal butchers and ethnic restaurants to the suburbs. The boundaries of Auckland are imprecisely defined. The Auckland urban area , as it
5950-659: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens
6069-708: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with
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#17327982045356188-579: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of
6307-726: The Pacific Ocean, and Manukau Harbour to the south, which opens west to the Tasman Sea . Bridges span parts of both harbours, notably the Auckland Harbour Bridge crossing the Waitematā Harbour west of the central business district. The Māngere Bridge and the Upper Harbour Bridge span the upper reaches of the Manukau and Waitematā Harbours, respectively. In earlier times, portages crossed
6426-407: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from
6545-409: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,
6664-401: The Royal New Zealand Navy , and the Museum of Transport and Technology . The Auckland Art Gallery is the largest stand-alone gallery in New Zealand with a collection of over 17,000 artworks, including prominent New Zealand and Pacific Island artists, as well as international painting, sculpture and print collections ranging in date from 1376 to the present day. In 2009, the Gallery was promised
6783-415: The Second World War, the city's transport system and urban form became increasingly dominated by the motor vehicle. Arterial roads and motorways became both defining and geographically dividing features of the urban landscape. They also allowed further massive expansion that resulted in the growth of suburban areas such as the North Shore (especially after the construction of the Auckland Harbour Bridge in
6902-403: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as
7021-525: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",
7140-416: The area after George Eden, Earl of Auckland , British First Lord of the Admiralty . Māori–European conflict over land in the region led to war in the mid-19th century. In 1865, Auckland was replaced by Wellington as the capital, but continued to grow, initially because of its port and the logging and gold-mining activities in its hinterland, and later because of pastoral farming (especially dairy farming) in
7259-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be
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#17327982045357378-488: The associated lack of international migration. At the 2018 Census, in the local board areas of Upper Harbour, Waitematā, Puketāpapa and Howick, overseas-born residents outnumbered those born in New Zealand. The most common birthplaces of overseas-born residents were mainland China (6.2%), India (4.6%), England (4.4%), Fiji (2.9%), Samoa (2.5%), South Africa (2.4%), Philippines (2.0%), Australia (1.4%), South Korea (1.4%), and Tonga (1.3%). A study from 2016 showed Auckland has
7497-400: The carved pouwhenua near the Couldrey House. The track features scenic views and birdlife. Wenderholm Regional Park was the first regional park established in the Auckland region, and is owned and managed by Auckland Council . Part of the park is sectioned off for ecological restoration . Wenderholm Regional Park is a peninsula between the Puhoi River to the north and the Waiwera River to
7616-463: The census question. Recent immigration from Asia has added to the religious diversity of the city, increasing the number of people affiliating with Buddhism , Hinduism , Islam and Sikhism , although there are no figures on religious attendance. There is also a small, long-established Jewish community. Auckland is experiencing substantial population growth via immigration (two-thirds of growth) and natural population increases (one-third), and
7735-504: The city's cultural diversity include the Pasifika Festival , Polyfest, and the Auckland Lantern Festival , all of which are the largest of their kind in New Zealand. Additionally, Auckland regularly hosts the New Zealand Symphony Orchestra and Royal New Zealand Ballet . Auckland is part of the UNESCO Creative Cities Network in the category of music. Important institutions include the Auckland Art Gallery , Auckland War Memorial Museum , New Zealand Maritime Museum , National Museum of
7854-495: The coasts. Dolphins may be visible from the shores as well. The native bush of the park prominently features pōhutukawa , with the blaze of red in the summer, on the slopes facing north is the kōwhai bush which are covered with yellow blooms in the spring, and the low-laying sandspit. The Maungatauhoro headland forest includes tree species such as tawa , kohekohe , taraire , tōtara , nīkau palms, kahikatea and rimu . Australian kookaburras can occasionally be found in
7973-412: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,
8092-406: The country's container trade in 2015. The face of urban Auckland changed when the government's immigration policy began allowing immigrants from Asia in 1986. This has led to Auckland becoming a multicultural city, with people of all ethnic backgrounds. According to the 1961 census data, Māori and Pacific Islanders comprised 5 per cent of Auckland's population; Asians less than 1 per cent. By 2006,
8211-465: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of
8330-460: The cultivation of crops, such as kūmara . Following European arrival, many of the maunga were transformed into quarries to supply the growing city with aggregate and building materials, and as a result were severely damaged or entirely destroyed. A number of the smaller maar craters and tuff rings were also removed during earthworks. Most of the remaining volcanic centres are now preserved within recreational reserves administered by Auckland Council ,
8449-426: The early 1700s, Te Waiohua , a confederation of tribes such as Ngā Oho , Ngā Riki and Ngā Iwi, became the main influential force on the Auckland isthmus, with major pā located at Maungakiekie / One Tree Hill , Māngere Mountain and Maungataketake . The confederation came to an end around 1741, when paramount chief Kiwi Tāmaki was killed in battle by Ngāti Whātua hapū Te Taoū chief Te Waha-akiaki. From
8568-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation
8687-417: The first species released into the area, Petroica australis ssp. longipes (North Island robins), has a generally high rate of survival and procreated a good number of young, unfortunately not high enough to compensate for the loss of the adult population. Tūī , kererū and New Zealand fantails are all commonly found in the park. Whales such as southern right whales may appear to rest and calve along
8806-442: The fourth largest foreign-born population in the world, only behind Dubai , Toronto and Brussels , with 39% of its residents born overseas. Religious affiliations in the 2023 census were 35.7% Christian , 6.1% Hindu , 3.3% Islam , 0.9% Māori religious beliefs , 2.1% Buddhist , 0.3% New Age , 0.2% Jewish , and 2.8% other religions. People who answered that they had no religion were 42.7%, and 6.0% of people did not answer
8925-402: The functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take
9044-581: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However
9163-532: The growth and prosperity of the Auckland Region since the area was settled by humans. Initially, the maunga (scoria cones) were occupied and established as pā (fortified settlements) by Māori due to the strategic advantage their elevation provided in controlling resources and key portages between the Waitematā and Manukau harbours. The rich volcanic soils found in these areas also proved ideal for
9282-455: The immigration services to award extra points towards immigration visa requirements for people intending to move to other parts of New Zealand. Immigration from overseas into Auckland is partially offset by the net emigration of people from Auckland to other regions of New Zealand. In 2021 and 2022, Auckland recorded its only decreases in population, primarily due to the COVID-19 pandemic and
9401-464: The inner Hauraki Gulf islands from the mainland, there are popular swimming beaches at Cheltenham and Narrow Neck in Devonport , Takapuna , Milford , and the various beaches further north in the area known as East Coast Bays. The west coast has popular surf beaches such as Piha , Muriwai and Te Henga (Bethells Beach) . The Whangaparāoa Peninsula , Orewa , Ōmaha and Pākiri , to the north of
9520-401: The lack of good public transport, and increasing housing costs have been cited by many Aucklanders as among the strongest negative factors of living there, together with crime that has been rising in recent years. Nonetheless, Auckland ranked third in a survey of the quality of life of 215 major cities of the world (2015 data). One of Auckland's nicknames, the "City of Sails", is derived from
9639-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,
9758-572: The landscape is dotted with 53 volcanic centres that make up the Auckland Volcanic Field . The central part of the urban area occupies a narrow isthmus between the Manukau Harbour on the Tasman Sea and the Waitematā Harbour on the Pacific Ocean. Auckland is one of the few cities in the world to have a harbour on each of two separate major bodies of water. The Auckland isthmus was first settled c. 1350 and
9877-463: The late 1950s), and Manukau City in the south. Economic deregulation in the mid-1980s led to very dramatic changes to Auckland's economy, and many companies relocated their head offices from Wellington to Auckland. The region was now the nerve centre of the entire national economy. Auckland also benefited from a surge in tourism, which brought 75 per cent of New Zealand's international visitors through its airport. Auckland's port handled 31 per cent of
9996-407: The late 20th century, have had an increasing presence in Auckland, making it by far the country's most cosmopolitan city. Historically, Auckland's population has been of majority European origin, though the proportion of those of Asian or other non-European origins has increased in recent decades due to the removal of restrictions directly or indirectly based on race . Europeans continue to make up
10115-573: The main urban area, are also nearby. Many Auckland beaches are patrolled by surf lifesaving clubs, such as Piha Surf Life Saving Club the home of Piha Rescue . All surf lifesaving clubs are part of the Surf Life Saving Northern Region . Queen Street , Britomart , Ponsonby Road , Karangahape Road , Newmarket and Parnell are major retail areas. Major markets include those held in Ōtara and Avondale on weekend mornings. A number of shopping centres are located in
10234-859: The middle- and outer-suburbs, with Westfield Newmarket , Sylvia Park , Botany Town Centre and Westfield Albany being the largest. A number of arts events are held in Auckland, including the Auckland Festival , the Auckland Triennial, the New Zealand International Comedy Festival , and the New Zealand International Film Festival . The Auckland Philharmonia is the city and region's resident full-time symphony orchestra, performing its own series of concerts and accompanying opera and ballet. Events celebrating
10353-668: The morning and dies down again in the evening. The early morning calm on the isthmus during settled weather, before the sea breeze rises, was described as early as 1853: "In all seasons, the beauty of the day is in the early morning. At that time, generally, a solemn stillness holds, and a perfect calm prevails...". Fog is a common occurrence for Auckland, especially in autumn and winter. Whenuapai Airport experiences an average of 44 fog days per year. Auckland occasionally suffers from air pollution due to fine particle emissions. There are also occasional breaches of guideline levels of carbon monoxide . While maritime winds normally disperse
10472-609: The narrowest sections of the isthmus. Several islands of the Hauraki Gulf are administered as part of the Auckland Region, though they are not part of the Auckland urban area. Parts of Waiheke Island effectively function as Auckland suburbs, while various smaller islands near Auckland are mostly zoned 'recreational open space' or are nature sanctuaries. Under the Köppen climate classification , Auckland has an oceanic climate (Köppen climate classification Cfb ). However, under
10591-590: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by
10710-540: The new weapons to seek refuge in areas less exposed to coastal raids. As a result, the region had relatively low numbers of Māori when settlement by European New Zealanders began. On 20 March 1840 in the Manukau Harbour area where Ngāti Whātua farmed, paramount chief Apihai Te Kawau signed the Treaty of Waitangi . Ngāti Whātua sought British protection from Ngāpuhi as well as a reciprocal relationship with
10829-446: The outcome of a three-year study and public hearings, its Unitary Plan for Auckland. The plan aims to free up to 30 percent more land for housing and allows for greater intensification of the existing urban area, creating 422,000 new dwellings in the next 30 years. Positive aspects of Auckland life are its mild climate, plentiful employment and educational opportunities, as well as numerous leisure facilities. Meanwhile, traffic problems,
10948-427: The plurality of Auckland's population, the city became multicultural and cosmopolitan in the late-20th century, with Asians accounting for 34.9% of the city's population in 2023. Auckland has the fourth largest foreign-born population in the world, with 39% of its residents born overseas. With its sizable population of Pasifika New Zealanders , the city is also home to the largest ethnic Polynesian population in
11067-449: The plurality of the city's population, but no longer constitute a majority after decreasing in proportion from 54.6% to 48.1% between the 2013 and 2018 censuses. Asians now form the second-largest ethnic group, making up nearly one-third of the population. Auckland is home to the largest ethnic Polynesian population of any city in the world, with a sizeable population of Pacific Islanders ( Pasifika ) and indigenous Māori people . In
11186-408: The pollution relatively quickly it can sometimes become visible as smog, especially on calm winter days. The city of Auckland straddles the Auckland Volcanic Field , an area which in the past, produced at least 53 small volcanic centres over the last ~193,000 years, represented by a range of surface features including maars (explosion craters), tuff rings , scoria cones, and lava flows. It
11305-454: The popularity of sailing in the region. 135,000 yachts and launches are registered in Auckland, and around 60,500 of the country's 149,900 registered yachtsmen are from Auckland, with about one in three Auckland households owning a boat. The Viaduct Basin , on the western edge of the CBD, hosted three America's Cup challenges ( 2000 Cup , 2003 Cup and 2021 Cup ). The Waitematā Harbour
11424-549: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted
11543-405: The property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such
11662-407: The property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of a mine seized during World War II). In most takings owners are not compensated for
11781-601: The purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to the [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to
11900-494: The regional park, having been introduced to Kawau Island in the 19th century. For approximately 1,000 years Māori lived in the area now encompassed by the park because it featured several natural resources. It was generally known as Te Awa Puhoi or 'The slow flowing river'. Te Kawerau related tribes lives in the area, settling in locations such as Te Akeake, a kāinga at the mouth of the Puhoi Estuary and Kakaha Pā ,
12019-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for
12138-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by
12257-571: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of
12376-480: The south, stretching in a line from the port village of Onehunga in the west to Howick in the east. Each of the four settlements had about 800 settlers; the men were fully armed in case of emergency, but spent nearly all their time breaking in the land and establishing roads. In the early 1860s, Auckland became a base against the Māori King Movement , and the 12,000 Imperial soldiers stationed there led to
12495-553: The south. There are two major sections of the park: a sandspit at the mouth of the Puhoi River, and the Maungatauhoro headland, which is covered by bush. A 60 hectares (150 acres) section of the park has been set aside since 1965 for an ecological experiment, stopping livestock from grazing and repopulating the forests. This allowed native species of birds which were no longer in the area to be re-introduced in 1999. One of
12614-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of
12733-631: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout
12852-521: The subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by the Dutch jurist Hugo Grotius in 1625, which used
12971-432: The surrounding area, and manufacturing in the city itself. It has been the nation's largest city throughout most of its history. Today, Auckland's central business district is New Zealand's leading economic hub. The University of Auckland , founded in 1883, is the largest university in New Zealand. The city's significant tourist attractions include national historic sites, festivals, performing arts, sports activities and
13090-543: The term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this
13209-514: The transfer of the administration from Russell (now Old Russell ) in the Bay of Islands was completed in 1842. However, even in 1840 Port Nicholson (later renamed Wellington ) was seen as a better choice for an administrative capital because of its proximity to the South Island , and Wellington became the capital in 1865. After losing its status as capital, Auckland remained the principal city of
13328-566: The world. The Māori-language name for Auckland is Tāmaki Makaurau , meaning "Tāmaki desired by many", in reference to the desirability of its natural resources and geography. Auckland lies between the Hauraki Gulf to the east, the Hunua Ranges to the south-east, the Manukau Harbour to the south-west, and the Waitākere Ranges and smaller ranges to the west and north-west. The surrounding hills are covered in rainforest and
13447-487: The year. The water temperature is warmest in February when it averages 21 °C (70 °F), while in August, the water temperature is at its coolest, averaging 14 °C (57 °F). Prevailing winds in Auckland are predominantly from the southwest. The mean annual wind speed for Auckland Airport is 18 kilometres per hour (11 mph). During the summer months there is often a sea breeze in Auckland which starts in
13566-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If
13685-469: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner
13804-485: Was far greater than that of other settlements: about 50 per cent of the population was Irish, which contrasted heavily with the majority English settlers in Wellington, Christchurch or New Plymouth . The majority of settlers in the early period were assisted by receiving cheap passage to New Zealand. Trams and railway lines shaped Auckland's rapid expansion in the early first half of the 20th century. However, after
13923-565: Was known by 0.4%. The percentage of people born overseas was 44.9, compared with 28.8% nationally. At the 2023 census the Pasifika population formed the majority in the Māngere-Ōtāhuhu local board area and the plurality in the Ōtara-Papatoetoe and Manurewa local board areas. The Asian population formed the majority in the Howick and Puketāpapa local board areas and the plurality in
14042-505: Was the name given to Graham's residence. Graham planted many exotic species of plant at his home, and preserved a 19th-century grove of pōhutukawa trees in the 1880s. Graham sold the land, and the homestead became known as the Couldrey House, named for its final owner, Herbert William Couldrey. In the 1960s, Herbert William Couldrey had attempted to subdivide the land at Wenderholm for lifestyle blocks. Despite being approved by
14161-405: Was valued for its rich and fertile land. The Māori population in the area is estimated to have peaked at 20,000 before the arrival of Europeans. After a British colony was established in New Zealand in 1840, William Hobson , then Lieutenant-Governor of New Zealand, chose Auckland as its new capital . Ngāti Whātua Ōrākei made a strategic gift of land to Hobson for the new capital. Hobson named
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