Council has completed consultation on the proposed revocation or amendment of the two bylaws listed below.
The Statement of Proposal for each bylaw outlines what is proposed and why, see the links below for details.
The closing date for submissions on these two bylaws was Friday 23 June 2017 at 5pm.
1. Public Places Bylaw 2005
The proposed amendments to the Bylaw consist of:
- Incorporating provisions to regulate trading in public places.
- Changes to the drafting to make it clearer, including some new definitions and removal of duplication and outdated provisions.
- Introduction of the penalties under the Local Government Act 2002 for breach of a bylaw.
Note: Horses in public places
Due to early consultation feedback, two issues were identified relating to provisions in the proposed bylaw for horses in public places, these will be addressed as follows:
- For proposed clause 4.1(c) officers will recommend that it be changed to read “Drive any vehicle except on a formed road.” The references to horses and other animals will be removed. The reference to horses and other animals was inserted without a full appreciation of the impact it would have.
- The difference between proposed clause 12.1 and the existing bylaw clause 15.1 is a drafting error and for this reason Council officers will recommend that proposed clause 12.1 is amended to remain the same as the existing clause 15.1 (resulting in no change to this bylaw provision).
2. Trading in Public Places Bylaw 2005
It is proposed that the Bylaw be REVOKED* on or before 20 September 2017.
It is proposed that bylaw provisions for trading activities in public places be incorporated into the proposed Public Places Bylaw 2005, and that this Bylaw be revoked on adoption of the proposed Public Places Bylaw 2005. The review found that there is no requirement for a separate bylaw for trading in public places. Trading is a subset of activities occurring in public places, and it is more appropriate for this be controlled by the Public Places Bylaw 2005. This is considered a simpler and more user-friendly approach to have all Council’s provisions relating to public places in one bylaw.
*Revoked means to formally cancel and remove a bylaw from use.
The bylaw review process
- Each bylaw was reviewed by Council officers after initial feedback was received from the community in July and August 2016. The review considered the problems to be addressed by the bylaw, and whether the bylaw was the right tool and in the most appropriate form to effective address the problems identified.
- Draft versions of the reviewed bylaws outlining any proposed changes are adopted by Council for consultation and made available for the public to make submissions. A hearing may be required to present submissions to Council.
- After the consultation is completed and the bylaws are finalised, these will be presented to the Council to formally adopt to take effect.
- Council will inform the public at each of these stages.
If you have any questions about the review process, please contact Liezel Jahnke, Policy Advisor. Email email@example.com or call (04) 527 2170
Later in 2017 Council will be also reviewing the Control of Advertising Signs Bylaw 2005 and public consultation on this will follow later in the year.
Bylaws recently reviewed
Between December 2016 and May 2017 Council completed a review of the following five bylaws:
- Keeping of Stock, Poultry and Bees Bylaw 2005 – amended and adopted on 17 May 2017
- Urban Fire Prevention Bylaw 2005 – amended and adopted on 17 May 2017
- Traffic and Parking Bylaw 2005 – amended and adopted on 17 May 2017
- Community facilities Bylaw 2005 – revoked on 5 April 2017
- Solid Waste Bylaw 2005 – revoked on 5 April 2017
These and other current bylaws can be viewed on Council’s website.