Administrative divisions of the Oan Isles: Difference between revisions
Administrative divisions of the Oan Isles (view source)
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The Chief Minister appoints the Provincial Ministers, designates their portfolios and assigns their responsibilities. However, the composition of the PEC must be approved a majority of the Provincial Assembly. Each Provincial Minister is in charge of a department and handles a specific area of the provincial government's work. The PEC makes decisions as a group on important issues. However, the Chief Minister has the power to control and direct the work of the PEC. Moreover, they hold the other Ministers accountable for their portfolios.
The Provincial Assembly comprises the unicameral legislative body of each province. They pass, amend and repeal by-laws. They also hold the executive branch accountable by asking oral and written questions and receiving reports from members of the executive branch. The members of the Provincial Assembly are elected through proportional representation via
The provinces have powers delegated to them by legislation. This means that the National Assembly can take away, change or enhance their powers by simply passing a new law. Furthermore, the National Assembly can redraw the borders of the provincial government's jurisdiction by passing new legislation. Thus, the areas over which the provincial government has the power to pass by laws is determined by the national government of the Oan Isles. To that end, the provinces have the power to pass laws on the following areas within the framework of the law:
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* vehicle licensing
* welfare services
The National Assembly can pass a law overruling whatever the provinces have passed. Laws passed by the National Assembly supercede those passed by the Provincial Assembly, thus wherever there is a conflict the National law takes priority. If a provincial bylaw contradicts a national law or the Constitution, the High Court or the [[Supreme Court of the Oan Isles]] can declare the law invalid making it unenforceable, effectively repealing it. Sometimes, the Supreme Court or High Court can declare certain sections invalid if they are inconsistent with national law and the constitution.
Each province has a High Court. Smaller provinces may share high courts. The list of High Courts are as follows:
* Noapa High Court (Noamotu and Nga Motuere Raki)
* Anapa High Court (Manaakitangamotu)
* Tauranga a te Toka High Court (Tokamotu and Nga Motuere Tarutaru)
* Tongapa High Court (Tongamotu and Rawhitimotu)
* Maungapa High Court (Maungamotu and Nga Motuere Rakau)
* Koroipa High Court (Koroimotu and Waimotu)
* Moataone High Court (Ataahuamotu and Tokowha Nga Tuatana)
High Courts are not accountable to the Provincial government. They are appointed by the National government. The judges are nominated by the Commission for Judicial Appointments and appointed by the Rangitanga-a-te-Moana on the advice of the Prime Minister. They have the power to receive appeals on any matter from lower courts within their jurisdiction that does not fall into the exclusive jurisdiction of the Supreme Court. Furthermore, they act as courts of first instance for cases which exceed the jurisdiction of Magistrate Courts.
===Local government===
Technically lower government is on the same level throughout the country. In practice, there are two types of local governments that jurists and political scientists call metropolitan and basic.
Metropolitan local governments include local government with populations above 100,000 people. These cities have the following structure:
* The executive branch consists of the Municipal Executive Council (MEC). The MEC consists of the Mayor who appoints the other members with the approval of the Municipal Assembly. It proposes by-laws, gives effect to national and provincial laws, oversees the daily running of the municipality and develops policies.
* The administrative branch consists of the City Manager. The City Manager is responsible for the technical administration and management of the city. The city manager is a professional civil servant who handles the day to day running of the municipality. Due to the complexities of running modern urban settlements, professionals with technical knowledge and experience are needed. They are accountable to the MEC for their work and are appointed by the Mayor with the approval of the Municipal Assembly.
* The legislative branch consists of the Municipal Assembly which is elected by the residents of the city every four years unkess an early dissolution is called either by the Assembly in question or the Provincial Assembly through the direct election of ward councillors through instant run off voting. This enables local parties and independent candidates to play larger roles because the minimum election threshold of 5% does not apply to Municipal Assemblies.
Basic local governments rule over the rest of the local governments of the country. They have city managers who oversee and administer the daily running of the city. However, the Municipal Assembly and the Municipal Executive Council are fused into a single entity called the Municipal Council. They are elected directly by the people. However, they are elected by ranked choice voting. Thus, the candidates who receive the most votes become part of the Municipal Council.
From among themselves they appoint a Mayor and delegate portfolios. The Municipal Council can vote to create new portfolios and assign responsibilities to them, in which case, they must run a by-election to fill the vacancies. By-elections are also held if a member of the council resigns or is removed by other members. If not enough people stand for election, the candidates become members by default and can co-opt people outside the council to those posts. This can be an issue in very small municipalities. They have the same powers as the Municipal Assembly and the MEC of metropolitan municipalities. They can be dissolved by the Provincial Assembly. In smaller towns, decisions of the Municipal Council can be challenged and overturned by a citizen's council.
A citizen's council is an ad hoc gathering of at least a third of the adults in that town that is legally constituted. I.e., a roster of the attendees is taken and sent to the Magistrate which verifies their authenticity. The attendees must select a Chairperson to preside over the Council and a Secretary to keep records and communicate decisions. A basic set of rules is enshrined in the Local Government Act regarding the procedures and guidelines of such a meeting. This council has the power to dissolve the Municipal Council and call for new elections. It can also pass a resolution forcing the MC to act on an issue or to make decisions in a particular way. Resolutions must be formatted as stipulated by law to make them legally binding.
Metropolitan cities have ward councils instead of citizen's councils. These are limited to the ward in question. The ward councillor can call a ward council meeting at their discretion or they can be compelled to call such a meeting by 5% or more of the citizens who reside there. They can pass resolutions with respect their ward. If this meeting is legally constituted (contains at least a third of the residents who signed a roster that was sent to and is verified by the Magistrate) and its resolutions meet the legal standards of the Local Government Act, its decisions are legally binding. It can also compel the ward councilor to resign. A ward council can be called without a ward councilor as long as a third of the residents attend but they must select a Chairperson and Secretary.
Municipal Assemblies can be petitioned by the residents of that Municipality. If at least 10,000 people sign a petition attached to a resolution formatted according to the LGA, the Municipal Assembly can be compelled to hold a referendum whose result is binding. Failure to summon a referendum for a legally structured petition requires the Provincial Assembly to dissolve the Municipal Assembly and organize the referendum itself.
[[Cafe Net]] runs the '''National Local Initiative System'''. It is an online system which includes a mobile app and website. Each user has a profile that is linked to their voter registration details. It is used for managing direct action by citizens as follows:
* It allows users to sign petitions virtually and it confirms their identity automatically
* It communicates the status of a petition to the residents of the ward or municipality to which the petition applies by email and by SMS.
* It can be used to record the attendance of people at a meeting.
* It can be used to record minutes.
* It can be used to facilitate voting on decisions for ward and citizen's councils.
* It can help drafters of petitions make sure that their proposals meet the criteria set out by law.
* It allows for virtual ward and citizen's councils to be held through its videoconferencing feature. This feature records and transcribes these meetings, allows users to speak, share presentations, and raise their hands. Virtual ward and citizen's council meetings must be managed by the ward councillor or an authorised person. Virtual citizen's councils must be managed by a person authorised by the Provincial or Municipal Council.
* It gives Provincial Executive Councils the power to authorize users to chair and manage virtual meetings.
==Kohatu Isles==
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