Kiwi Polemicist

July 11, 2009

• Update: sitting on your roof is illegal

The comments button is at the bottom right of this post.

This is an update to my earlier post Sitting on your roof is illegal.

The NZ Herald is reporting that Hamilton City Council will not be fining those property owners who let people go onto their roof and watch the Hamilton 400 car race. That’s good, but the situation still stinks. Why so?

1-> Sitting on your roof and watching a car race is still illegal. As I said in my earlier post, that’s a violation of property rights by the nanny state.

2-> The agents of the nanny state still intend to go around before future races and warn them that sitting on the roof is illegal. This is a form of coercion.

3-> Have a look at why the council issued the fines and why it plans to warn people in the future:

Hamilton Mayor Bob Simcock said yesterday that the council had sought legal advice and decided to cancel the fines.

He said staff had issued the notices because “it was unsafe use of the buildings for a purpose they weren’t designed for and that if we didn’t take action then we would be creating a liability for the council and the ratepayers”.

But lawyers told him yesterday that if the council clearly informed residents they were acting in an unsafe way, it would not then be liable if anyone was hurt while watching the event from a roof.

“If somebody fell off the roof and was killed and a government agency or the affected party’s family was looking for someone to take action against, to hold responsible, the advice we’ve had is that with having warned the property owner then we’ve shifted that obligation fully on to them and we’ve taken reasonable steps,” Mr Simcock said.

“If we’d done nothing, then we’d probably have some liability ourselves.”

So the council started a police action in order to cover it’s own butt. The world has gone stark raving bonkers when it is possible for the following sequence of events to occur:

  1. a city council does not warn people that standing on a roof and watching a car race is unsafe
  2. people, of their own free will and on their own property, climb onto roofs and watch a car race
  3. people are hurt after a fall or a roof collapse
  4. the council is held legally liable because it didn’t give warnings

What is the underlying assumption behind all this? The underlying assumption is that the city council is responsible for the safety of those who live in the city and that it has a duty to warn people when they are doing something unsafe. This is a nanny state notion: a parent is responsible for the safety of his child and has a duty to warn that child when he is doing something unsafe. Clearly the nanny state people think that the the city council has a parental role.

The state is not a parent and it should not attempt to adopt a parental role. Like everything else, climbing onto a roof and watching a car race is a matter of personal responsibility.

What do you think about the legal system that makes it possible for a city council to be liable because it didn’t warn people that standing on a roof was unsafe?

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5 Comments »

  1. Pretty cool post. I just came by your blog and wanted to say that I have really enjoyed browsing your posts.

    Any way I’ll be subscribing to your feed and I hope you post again soon!

    Comment by Zack — July 11, 2009 @ 11:17 pm

    • Zack: thanks, I’m glad that you’ve enjoyed what I’ve written. I want to get the truth about current events out there so please tell your friends, inlaws, outlaws, etc about this blog.

      Comment by Kiwi Polemicist — July 12, 2009 @ 11:37 am

  2. You cannot really blame the officials becuase wouldn’t you protect your back in this climate of the Nanny State? When you first blogged to Kiwiblog I commented that they were simply protecting their backs. This seems to be the reason for much of the beaurocracy these days and really it is our own fault becuase so often when something bad happens there is a loud cry “Why didn’t SOMEBODY do something about it” It is something I feel quite strongly about, must write it up on my own blog :-) Nice to have happened upon your blog and have added to my favourites, blogs section :-)
    http://www.bloggerJCUKNZ‘s.com

    Comment by jcuknz — July 13, 2009 @ 3:58 pm

    • jcuknz: thanks, I’m glad that you like this blog.

      I’m not blaming the officials, although the fines turned out to be unnecessary. As I said in the post, it’s a sign that the world has gone stark raving bonkers.

      The loud cries of “Why didn’t SOMEBODY do something about it” are a symptom of socialist indoctrination, which encourages the natural tendency of humans to reject personal responsibility. The nanny state people love it when people make these loud cries and play into their hands.

      Comment by Kiwi Polemicist — July 13, 2009 @ 7:22 pm

  3. [...] Click here for an update to this post. [...]

    Pingback by • Sitting on your roof is illegal « Kiwi Polemicist — July 18, 2009 @ 2:01 pm


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