Agenda of Policy and Regulatory

11 31 July 2017

Policy and Regulatory

19 June 2017

File: (17/945)

Report no: PRC2017/3/180

Parking Policy

Purpose of Report

1. The paper introduces a proposed parking policy to provide the direction for consistent decision making regarding Council’s on-street and off-street parking resources.

2. The work on the policy is being conducted in two stages and this paper presents the work done in stage 1.

3. Stage 1 – explore the objectives to which the effective management of parking contributes and the mechanisms that can be used to manage parking.

4. Stage 2 – developing the approach to using the mechanisms.

Recommendations

It is recommended that the Committee recommend that Council:

(i) agree to the objectives in the proposed policy described in stage 1;

(ii) direct officers to proceed to developing Stage 2 comprising of operational guidelines and approaches to the mechanisms outlined in the paper; and

(iii) direct officers to consult publicly on the policy and the operational approaches once completed.

Introduction

5. Council is conducting a review of its approach to parking in the city. This review includes exploring Council’s internal processes and procedures, approaches in other areas, and the technology available to manage parking.

6. As part of the review officers were directed to develop a parking policy to guide Council’s approach to parking resources, ensure that these resources are used efficiently, and to ensure that decisions relating to parking support Council’s strategic direction and its investment in the planning and design of the city.

7. Effective parking management is critical to positioning Hutt City for the future. This is a future in which, due to radical technological changes, environmental issues, population change and greater residential intensification, people’s expectations in relation to transport will be different to today. Societal and technology changes, including automation, mean that improving access to the city for all transport modes will need to be a central part of Council’s work.^{^[2]}

8. In terms of parking our focus will be on more effectively managing our resources to ensure availability rather than creating more capacity. This entails using a number of mechanisms:

9. establishing a hierarchy of road space/parking uses in-line with the profile and purpose of areas in the city, using pricing or time restrictions, and effective parking enforcement, help ensure that parking is available and remains a useful resource in enabling access to retail, employment, and leisure and social activities, and therefore contributes to economic growth and prosperity.

10. alongside the above interventions, Council will need to focus on improving access to the city via other modes of transport. This work in turn contributes to reducing the use of private vehicles and parking demand.

Method

11. Developing the parking policy has involved two main strands of work.

a. Research and literature review.

b. Engagement with stakeholders

· Workshops with stakeholders;

· Citizen’s Panel survey;

· Council Staff Travel Survey.

12. A record of the parking policy workshops is attached as Appendix 2 to the report.

Background

13. The approach to parking supports the strategic direction as set out in Council’s four key strategies and supporting plans, Government transport policy, and emerging technological change.

14. Cities are increasingly integrating their approach to parking management with their overall approach to shaping their cities for the future, environmental stewardship, reducing car dependency and promoting the use of other transport modes, and economic aims.

15. Parking is an important part of the transport system and facilitates access to activities and attractions in the city, such as employment, shopping, and social opportunities. As a key resource and traffic control device,^{^[3]} the location, supply, and any restrictions placed on parking influence access to areas and activities in the city and contribute to broader transport, economic performance, urban form and land-use, environmental, and social and recreational strategies.

16. Recent research explores the changes and uncertainty in New Zealand and elsewhere regarding transport planning. One of the uncertainties is the impact on car travel from a declining share of younger people holding driving licenses, erratic and increasing energy prices, demographic change including a growing number of older people, greater urban renaissance, climate change, the effect of the digital age on how people connect with each other and transact, and the implications of technological innovations such as driverless cars.

17. Consequently, transport planning cannot rely on the world as we see it now and have known it. Whereas much has previously been done on the basis of predict and provide, intervention needs to move away from predicting demand and trying to accommodate it towards recognising limited infrastructure capacity and managing resources more efficiently, including a greater focus on a range of transport options and modes.

18. Advancements in transport technology such as driverless cars and ride sharing services will radically change the way people travel and have an impact on the provision of parking as well as the type of spaces required. The emergence of driverless cars over the medium to longer-term is likely to have a considerable impact on the levels of car ownership and the use of road space.

19. Developments in parking technology mean we can offer better information to customers on availability and a range of convenient payment methods. Sensor technology or licence plate recognition can help with enforcement and safety.

20. Further information on the research is attached as Appendix 1 to the report.

Proposal

Purpose and scope

21. The policy sets out Council’s strategic direction with regard to how people access and interact with the city. It seeks to ensure that:

· people are able to access the city and interact with its activities effectively by whichever mode of transport they choose;

· decisions on parking are consistent and support Council’s strategic direction.

Objectives

22. Council’s objectives for the supply and management of parking are set out below.

The objectives are:

· A safe city – prioritising the safe and efficient movement of people, goods and services.

· A liveable and thriving city – supporting place-making, amenity, and economic growth.

· A city that is environmentally resilient – reflecting Council’s work in leading environmental stewardship and resilience.

· A city that has equity of access – supporting Council’s work to create a walkable and people-friendly city accessible to all transport modes.

· A high level of customer service – delivering a quality experience for residents and visitors.

Mechanisms

23. Delivering the objectives requires the use of a combination of mechanisms to ensure parking is available, safe, convenient, and reasonably priced, and that access to the city by public transport and active transport is improved. In essence:

· too much parking with little restriction using price or time uses valuable land, affects urban form and development, leads to unwanted environmental impacts, and negatively affects other transport choices;

· too little, expensive, or poorly located, parking affects accessibility, causes congestion, leads to spill over into adjacent areas, and has an overall detrimental impact on performance.

24. Without measures to prioritise the uses of parking resources, pricing structures and time-limits, parking becomes saturated and its use as a facilitator of liveability and prosperity diminishes. These mechanisms are:

Road space/parking hierarchy

25. Establishing a hierarchy of users and uses will help Council manage competing demands and reduce conflicts, and ensure the use of road space to best contribute to the success of the city. The following are types of movements and uses that Council needs to cater for and prioritise in order to achieve the objectives.

· Amenity

· Bike parking

· Commuter parking

· Cycle lanes

· Electric vehicle parking and charging

· Existing property access

· Loading areas

· Local employee parking

· Mobility parking

· Motorbike/scooter parking

· Parking in residential areas

· Pick up and drop off points e.g. around schools, railway stations

· Public transport stops and taxi ranks

· Resident parking

· Safety

· Short-term parking e.g. for shoppers/customers

· Spaces for car share vehicles

· Temporary road closure/events

26. Council will also need to prioritise the movements and types of users by areas in the city. The priority given to users and uses would change depending on the area. The priorities given would also need to be in-line with the Network Operating Plan Framework and Plan being developed by Council for roads in the city i.e. buses would get priority on major bus routes, bicycles and the provision of cycle lanes would get priority on cycling routes, and provisions for walkers would be given priority on pedestrian routes/areas. Similarly, provision for loading and unloading would be a priority in commercial areas and drop-off and pick-up parking would be a priority in areas around schools, educational institutions.

27. There are numerous types of areas in the city, including residential, retail and commercial, and industrial areas, and sub-categories of these, for which hierarchies of use will be explored at the operational stage.

28. Council will regularly assess the use of the city’s parking resources in order to ensure that parking works effectively in-line with the policy objectives and the needs of particular areas. Interventions to manage parking in the city should be in-line with the levels of use and the contribution of parking in particular areas.

Pricing

29. The price and availability of parking has a significant influence on the choice of whether or not to drive. Users of parking should pay directly for the parking they use. Fees are effective in ensuring that motorists stay no longer than they need to, which creates availability and turnover of spaces. The aim is to ensure a high level of use as well as making sure that there are always a few empty spaces. Achieving 85% occupancy at peak times is the aim and achieving this level means that as well as supporting busy areas there will be some parking spaces available.^{^[4]} Achieving 85% occupancy means:

· The spaces are highly used but also available;

· Drivers will not have to drive around looking for spaces and contributing to congestion, wasting fuel, and causing pollution

· Contributing to economic activity in the area – the price will be higher in areas of high demand and will encourage availability of spaces.

30. Charging for parking, alongside improving other alternative modes, is also an effective mechanism in influencing travel decisions such as whether to drive alone, car share, or use public transport, while implementing a reasonable price does not detract from the attraction of an area where there are high-quality retail, social, and leisure opportunities. In contrast, free or subsidised parking encourages car use and makes alternative modes of transport less attractive, increases the demands on infrastructure and parking resources particularly in peak periods, and disadvantages other road users.

31. The price of the most convenient parking spaces will have higher fees to increase turnover and ensure availability and favor higher-priority uses.

Time restrictions

32. Regulating parking by using time restrictions can work to create availability in areas of low to medium demand. Council will regularly assess occupancy levels in the city in order to ensure parking works effectively in-line with the needs of particular areas.

Enforcement

33. Council’s parking enforcement team has an integral role in ensuring that the city’s transport system works safely and efficiently. Effective enforcement contributes to safe roads, encourages turnover of parking spaces, and helps keep traffic moving efficiently. Parking Officers:

· monitor compliance with parking rules – and ticket offenders;

· monitor vehicle and public safety by checking for a valid Warrant of Fitness, vehicle registration, and condition of tyres; and

· provide an important service to the public in terms of advice on parking, directions, and other matters.

34. Improving the effectiveness of this service through the use of appropriate technology is being considered as part of the parking review.

Technology

35. Parking technology, including licence plate recognition, payment applications and online methods of purchasing parking, contribute to efficient use of parking resources by offering, better information on where parking is available, and convenient payment methods. The technology can also improve parking enforcement and therefore contribute to increasing road safety, flow of traffic in busy areas, and more effectively ensuring turnover and availability of parking spaces.

Improving access via other modes

36. Implementation of the parking policy will intersect with other work Council is doing to improve walkability and cycle–friendly access to the city by contributing to improving cycling and walking infrastructure. Managing parking more efficiently with the aim of reducing unnecessary vehicle travel will contribute to improving access to other modes and the overall environment for those modes. Work should focus on

· Continuing with investment into cycling and walking infrastructure;

· Working with Greater Wellington Regional Council to continue improving public transport provision in the city and the effectiveness of park and ride facilities;

· Prioritising road space for improving access to the city by public transport and other modes; and

· Exploring actions to incentivise ride-sharing, car-pooling initiatives as opposed to solo-driving.

Best use of resources – sharing car parking facilities

37. Efficient parking management includes making use of the same parking supply for different uses e.g. using private parking resources during the evening for events when they would otherwise be unused. To progress this work officers will work with:

· Private parking operators to access parking provision

· Business owners regarding the use of carpark areas during their off-peak period

38. Stage 2 of work on the policy involves further developing the mechanisms and criteria for use.

Consultation

39. Further engagement is proposed as part of stage 2 of this work with public consultation following the finalization of stage 2.

Legal Considerations

40. None at this stage.

Financial Considerations

41. None

Other Considerations

42. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it:

43. Deals one of Council’s core activities i.e. an aspect of the city’s transport system and access to the city. A consistent approach to parking management will mean that the transport network overall will be more efficient and responsive to changing need in the city and contribute to shaping the city for the future. It does this in a way that is cost-effective because it seeks to make the best use of current parking resources, improve access to the city by other transport modes, and ensure that Council’s approach to parking contributes to economic growth and resilience.

Appendices

No.	Title	Page
1 ⇩	Parking Paper - Research	19
2 ⇩	Record of policy workshops - June 2017	40

Author: John Pritchard

Senior Research/Policy Advisor, Strategy and Planning

Reviewed By: Kim Kelly

General Manager, Strategic Services

Approved By: Wendy Moore

Divisional Manager, Strategy and Planning

Attachment 1

Parking Paper - Research

Parking policy – paper

Introduction

Council is conducting a review of its approach to parking in the city. This includes exploring Council’s internal processes and procedures, approaches in other areas, and the technology available to manage on-street and off-street parking. As part of the review officers were directed to develop a parking policy to guide Council’s approach to parking resources in the city and ensure that parking resources are used efficiently, and that decisions relating to the city’s parking resources support Council’s strategic direction.

Council’s approach to parking has an influence on:

· our economic performance – contributing to keeping traffic moving and ensuring parking is well-used and also available to those who need it;

· the efficiency of the transport network as a whole access to the city – centres and attractions – for people using different types of transport modes;

· the city’s environment and resilience of the infrastructure; and

· people’s transport choices

Successful cities depend on a safe and efficient transport system. Parking is a key resource in this system and facilitates access to activities and attractions in the city, such as employment, shopping, and social opportunities. In Lower Hutt, effectively managing parking resources will contribute to Council’s approach of investing in the city with the aims of increasing the number of residents and visitors, and therefore vibrancy.

Effective parking management is critical to positioning Hutt City for the future. This is a future in which, due to technological changes, environmental issues, population change and greater residential intensification, Council will need to provide better services for all transport modes. Preparing for this future means balancing current demands and needs, the shape of the city we are creating with more families living in the city centre and other urban centres, and the technological changes affecting transport – including greater automation – in the period to 2030 and beyond.

If we are to maintain good access to our centres and activities, and create the high-quality environment and amenity we want to see in the city in the future, we need to effectively manage parking demand and improve the use of parking as a traffic control device.

In terms of parking our focus will be on more effectively managing our resources to ensure availability rather than creating more capacity.

Using mechanisms such as pricing or time restrictions, and prioritising the users of parking, helps ensure that parking is available and remains a useful resource in enabling access to employment, retail, employment, and leisure and social activities, and therefore contributes to economic growth and prosperity.

Similarly, our approach will need to focus on improving access to the city via other modes of transport and contributing to reducing the use of private vehicles and parking demand. ^{^[5]}

Method

Developing the parking policy has involved two main strands of work.

· Research and literature review – Exploring the policies, strategies, and mechanisms used to control parking, using local data, as well as academic and other literature.

· Engagement with stakeholders – Workshops with stakeholders on the proposed direction of Council’s parking policy were held in June.

Citizen’s Panel survey – the survey explored attitudes to transport and parking in the city.

Council Staff Travel Survey – the survey explored patterns of travel to work by Council staff.

Background

Cities are increasingly integrating their approach to parking management with their overall approach to shaping their cities for the future, environmental stewardship, reducing car dependency and promoting the use of other transport modes, and economic aims.^{^[6]} ^{^[7]}

As a key resource and traffic control device, the location, supply, and any restrictions placed on the use of parking has an influence on enabling access to areas and activities in the city and contributes to broader transport, economic performance, urban form and land-use, environmental, and social and recreational strategies.^{^[8]} As such, an effectively managed parking supply will help Council to achieve strategic outcomes of economic growth and high-quality urban living, resilient infrastructure, environmental sustainability, and well-being. ^{^[9]} In essence:

· too much parking with little restriction using price or time uses valuable land, affects urban form and development, ^{^[10]} leads to unwanted environmental impacts, and negatively affects other transport choices; ^{^[11]} ^{^[12]}

· too little, expensive, or poorly located, parking affects accessibility, causes congestion, has a detrimental impact on economic performance, and leads to spillover to adjacent areas. ^{^[13]}

Whereas much has previously been done in the areas of transport planning and parking on the basis of predicting future use and demand based on historical trends and providing additional supply, studies recommend moving away from this predict and provide approach e.g. travel demand equalling more road capacity and more parking.^{^[14]} ^{^[15]} This thinking stems from; firstly, the recognition that capacity is limited and responses to transport demands should be part of integrated transport strategies.^{^[16]} Secondly, the way people access transport and travel is changing. Electric vehicles are becoming more common, autonomous cars are being tested and are in operation in a limited way in some countries, the use of transport as a service (TaaS) such as rideshare services and so forth is growing.^{^[17]} Along with population ageing, and higher levels of urban intensification, technology developments will radically change the way people travel, influence vehicle ownership, and will also affect parking requirements.

As towns and cities, in New Zealand and internationally, grapple with economic, social, environmental, and technological changes, the provision and management of parking is being seen as a key component that can be used to shape the urban environment. In addition to focussing on local parking issues, current demands and travel choices, approaches to parking must also consider both the short and medium-term future in relation to:

· economic development;

· environmental sustainability;

· resilience of infrastructure;

· transport choices and facilitating access to centres and attractions via all modes of transport;

· lifestyle and housing developments;

· technology developments.

Means of influencing the demand for parking – by reducing vehicle use – include priced parking, facilitating the use of transport options such as public transport and active modes, and town planning changes e.g.in terms of intensification of residential development and so forth.

Recent research has explored the changes and uncertainty in New Zealand and elsewhere regarding transport policy and planning. One of these uncertainties is the future of car travel e.g. in relation to the impact of erratic and increasing energy prices, demographic change, urban renaissance and intensification, climate change, the effect of the digital age on how people connect with each other and transact, the implications of innovations such as driverless cars and car or ride sharing services, ^{^[18]} and a declining share of younger people holding driving licences. ^{^[19]}

Recent studies found that there may be movement towards a more multi-mobility culture amongst generation y. Reasons for this include a greater awareness of the carbon intensities of transport modes, interest in physical activity and active modes, growing use of public transport, urban lifestyles, and in some circumstances the freedom of not having a car as opposed to the freedom it brings.^{^[20]}

A study in 2014 revealed a large latent demand among New Zealand travellers for travel by public and active transport and found that improvements to the public transport system would help facilitate mode shift. The research found that, even without improvements to public transport systems, it is projected there will be a relative increase of about 40% in the main trips by this mode in the period to 2020, with higher rates of increases in journeys for other purposes, such as recreation. This is likely to be the case amongst younger travellers particularly.

‘For Generation Y’s main trips, the proportion of public transport users is projected to increase from 35.3% at present to 48.7% in the next five years with no improvements introduced. This could increase to 53.7% with improvements introduced.’ ^{^[21]}

The study explored priorities for improving the public transport system and in terms of public transport these included increasing the number of bus priority lanes to improve the punctuality of services. A key means of achieving this within existing road space is by reallocating on-street parking in urban areas. A shift in the mode used by more people for their journeys would in turn lead to reduced demand for on-street parking. Other priorities included improved coverage, greater frequency of services, and quicker trip times.^{^[22]}

In terms of car travel in New Zealand there are divergent trends – per person car use has decreased in Wellington and Auckland and stayed flat or growing in other areas of the country, with growth largely seen in remote rural areas. This is similar to that seen in the UK.^{^[23]} Research also shows that there is also uncertainty about the strong coupling between economic activity and traffic. ^{^[24]}

In terms of older people, studies have found that services and facilities in towns and communities need to be more accessible by public transport and active transport if the reliance on car travel is to change. As well as the investment to make public transport more acceptable and useable for older people, changes are likely to require reallocating road space to improve services and convenience. This aspect is particularly important in light of population ageing.^{^[25]}

Advancements in transport technology such as driverless cars and ride sharing services will radically change the way people travel and have an impact on the provision of parking as well as the type of spaces required. The emergence of driverless cars over the medium to longer-term is likely to have a considerable impact on the levels of car ownership – as people will be able to order a car when required at much lower cost than buying a private vehicle ^{^[26]} – and the use of road space e.g. fewer people owning cars, more pick-up and drop-off points and fewer spaces for vehicle parking.

There isn’t a consensus with regard to when driverless cars will become common on the roads. Several authors project that although they will be on the road in the years between 2020 and 2030, they may not be common or affordable until the 2040s to 2060s period. However, during this period growth in use will lead to reduced parking demand.^{^[27]} ^{^[28]} ^{^[29]} ^{^[30]}

Recent US research by think-tank RethinkX projects that driverless cars may be common on the roads by 2030 and that calling an autonomous electric vehicle from Uber or similar services will be much less expensive than owning and maintaining a car. As a result, this is likely to radically change patterns of car ownership in the decade following the legalization of driverless cars as reduced costs mean more people will not own a car but access vehicles as and when required.^{^[31]} The analysis forecasts fast and extensive disruption to current transport patterns:

‘[Transport as a Service]TaaS will provide 95% of the passenger miles travelled within 10 years of the widespread regulatory approval of AVs. By 2030, individually owned internal combustion engine vehicles will still represent 40% of the vehicles in the U.S. vehicle fleet, but they will provide just 5% of passenger miles.’

‘Self-driving cars won’t need parking spaces in cities – they’re likely to be rented rather than owned and will just head off and carry out their next journey after dropping passengers off. Many car parking spaces which we now take for granted will simply become obsolete. The pace at which electric vehicle technology is developing means they’re also likely to be electric, so will produce zero emissions as they’re driven. Taken together with an opening up of the data which will enable new services to link with waiting passengers, we’re likely to see a huge shift in how our cities look and how transport is managed. More room for people, cleaner air and more efficient journeys are just the start.’ ^{^[32]} ^{^[33]} ^{^[34]}

While behavioural issues such as driving enjoyment, fear of new technology, or habit, are likely to be initial barriers to consumer uptake, pre-TaaS companies such as Uber, Lyft and Didi, have invested in technologies and services to overcome these issues and the number of users of these services is growing. In 2016, companies drove 500,000 passengers per day in New York – triple the number in 2015. Early adopters are likely to include young people and older people, disabled people, as well as those on low and middle-incomes, who don’t have access to convenient and affordable transport, as well as those for whom the opportunity cost is high and who value the time freed in addition to the financial saving.^{^[35]}

While RethinkX focusses on the US the changes are expected to be reflected in other countries. In New Zealand, although car ownership will remain attractive to some people, the technology is likely to influence similar changes as are expected elsewhere.^{^[36]} In a 2015 report on disruptive technologies, the New Zealand Institute of Economic Research reported that automation means that by circa 2025 driverless trucks and cars would be seen on New Zealand roads.^{^[37]}

The technology changes bring both advantages and disadvantages:

Space for parking could be repurposed – driverless cars mean fewer parking spaces are needed with a greater need for drop-off and pick-up spaces.

Greater safety – fewer vehicle crashes with the elimination of driver error

Increased mobility – particularly amongst young people, older people, and disabled people

Potential for urban sprawl – the cost of travel decreases and occupants spend time in other activities

Decreased congestion from more efficient traffic flow – driverless vehicles could increase road capacity by between 50% – 250%. However, because the technology decreases the cost of driving it could lead to increased car use and congestion in some areas.^{^[38]}

Productivity – vehicle occupants could spend travel time engaged in other activities

Impact on public transport – the ease and convenience of driverless cars may compete with public transport use; and

Obsolete occupations – e.g. amongst public transport providers, taxi driving, as well as crash repair and car insurance

Although the changes are expected in the medium-term they contribute to the pattern of the changing transport environment and require cities, including Lower Hutt, to consider what preparations will be needed, what investment we should consider now with a view to the changes expected e.g. what type of parking, how much to invest in technology such as sensors or licence-plate recognition, and so forth. Many cities and towns will see TaaS as a means to improve citizens’ access to jobs, shopping, entertainment, education, health, and other services. Council’s role will be to facilitate access via TaaS. Similarly, in order to contribute to economic growth, create attractive residential development, and resilient infrastructure, Council will need to invest in creating more people-friendly spaces and improve access via public transport and active modes. This will also improve access to the supply of parking.

Hutt City

Council’s key strategies and long-term plan outline an ambitious and exciting vision for the city, including comprehensively redesigning the CBD and river-front environment, residential developments, improved transport links, and enhancing Petone as the gateway to the city. Council’s approach to parking needs to be part of and contribute to these plans and vision, and respond to population changes, emerging technological change.

Four strategies

Hutt City Council’s four key strategies set out how Council will deliver growth and development, social well-being and leisure opportunities, resilient infrastructure, and environmental sustainability. Decisions made with regard to parking provision, its location, supply, and cost, can make key contributions to how we will achieve a city:

· that is easy to access and get around whichever mode of transport people use;

· that is thriving with access to appealing commercial centres which are accessible to shoppers, workers, visitors, and commuters;

· that has liveable communities, including residential intensification with attractive and affordable housing opportunities, and improving the quality of life and wellbeing of people living in high deprivation;

· that has resilient infrastructure which is adaptable to changing circumstances;

· that is a destination for social and cultural activities – including adequate parking and transport options for our developing network of community facilities and events, in both the city centre and suburban areas;

· that is strong on leadership in environmental stewardship and sustainability – a city that is equally accessible to all modes of transport but with a focus on facilitating greater use of public transport, walking, and cycling and a reduction in the dependence on car travel.

Transport Strategic view

Council is working with Greater Wellington Regional Council (GWRC) and the New Zealand Transport Agency (NZTA) to develop a transport system that responds to current needs and future demand. Based on changing populations and use of modes the aim is to develop a network that enables easy access to social and economic opportunities, that is resilient to shocks, and which provides transport choices including active and public transport.^{^[39]}

Each road within a district has a road hierarchy classification and this ensures that all roads, in-line with their classification, are a safe and efficient part of the transport network. Council is currently developing its Network Operating Framework (NOF) to reflect how we want the road network to work for the city i.e. the different types of routes we have and priority on the roads for modes by time of day and so forth. Once the NOF is finalised Council will develop a Network Operating Plan (NOP) identifying the actions required to improve or change the level of service on our road network. Priorities for parking must align with the NOP. In terms of parking it is important that requirements, restrictions, and prohibitions relate to the intended function of the road. ^{^[40]}

The ways people live and travel

Council plans for the city include targeting a population of 110,000 by 2032. Reaching this target will mean making considerable changes to the city’s built environment and also place different pressures on its transport network.

Current Statistics New Zealand projections show that the population of Lower Hutt is likely to grow from a base of 101,200 in 2013 to 106,700 by 2043. The main growth is expected to be during the years to 2033. While population growth overall is expected to be low there is likely to be considerable change in the structure of the city’s population.

Year	December 2016 medium series projections
2013	101,200
2018	105,000
2023	106,800
2028	107,800
2033	108,100
2038	107,700
2043	106,700

While the percentage of people aged 65 years and over is projected to increase from 14% in 2018 to 24% by 2043, the population of people aged 0 – 14 years is projected to fall by 17.5%, the age group 15-39 is projected to fall by 6%, and the 40-64 age group is projected to decline by 3.5%.^{^[41]}

The city is likely to see a 9% increase in the number of households – from 37,800 in 2013 to 41,200 in 2038. While the number of family households increases by 3% by 2028 before falling back in the latter decade of the period, the largest growth is in one-person households with an increase of 35.4%. This equates to circa 3,300 more households.^{^[42]} Although these are the current projections, Council is working to stimulate higher rates of growth with the building of 6,000 new homes including intensification of residential developments in the central business district.

As the number of people with a disability increases with age, the ageing population means the city is likely to experience an increase in the numbers of people with mobility issues. This will necessitate a proactive approach to planning access to the city e.g. in terms of parking, pavement design, as well as planning and housing developments.

Currently, an estimated 24,315 people in the city have a disability, including physical, psychological, and vision or hearing impairment. An estimated 14,265 people have a physical disability and the percentage of people with physical disabilities is higher than the national figures in most age groups. Currently, 3074 people in the city have mobility parking permits.^{^[43]}

Changes to the population will also mean changes to the types of housing required and place-making e.g. in the CBD, how people will travel, and the infrastructure and the type of city environment Council wants to see. For example, Council is currently consulting on the transport chapter of its District Plan and this includes proposals in terms of parking provision for new developments in the CBD and Petone with the aim of contributing to residential intensification. It is proposed that parking minimums be abolished in the central commercial are and the Petone commercial area. Similarly, Council’s approach to parking resources in the city overall should also reflect and support the development of the city in terms of walkability, compact design and people friendly spaces.

Transport patterns

The results of the New Zealand Household Travel Survey show the modes of transport used by people across the country, as well as why they travelled. In terms of driving behaviour the survey shows that work-related travel accounts for around a third of driver travel, people driving for social and recreational reasons make up a quarter of all journeys, while shopping and personal business trips account for a quarter of journeys by car. Transporting someone else accounts for around 12% of driver travel.^{^[44]} The data also shows that in most instances – 67% of trip legs in cars, vans and utes – the driver was the only occupant of the vehicle. ^{^[45]}

Across the region, there has been some decrease in the use of private cars – both amongst those driving and as passengers. The Transport Perception Survey for the region shows what transport people report using in the previous 3 months. In 2015 it showed that while the use of buses and trains increased, the percentage cycling has remained the same whilst the percentage walking has decreased.^{^[46]}

Which of the following forms of transport have you used around the Wellington Region in the past 3 months?	2012	2015
Bus	56%	61%
Train	45%	50%
Ferry	5%	7%
Wellington City cable car	12%	10%
Taxi	30%	26%
Van	8%	9%
Truck	2%	3%
Private car, as a driver	82%	68%
Private car, as a passenger	73%	63%
Motorcycle or scooter	4%	3%
Bicycle	15%	15%
Walking	75%	67%
I'm not sure	0%	0%
Some other form of transport	0%	2%

Private car use as a driver increased with age, while bus use decreased.

In Lower Hutt:

· Train use in the city, and in Upper Hutt, was above the average for the region

· Bus use had increased significantly since the survey in 2012.^{^[47]}

· Private car use as a driver was below the average for the region, and private car use as a passenger was above the regional figure.

· Use of buses and trains is higher than in the region as a whole.

· 73% of people in the city said they had walked to destinations compared to 67% across the region while 13% had cycled compared to 15% across the region.

Census Travel to work data

Area	Main means of travel to work	2001	2006	2013
Lower Hutt City	Total people, main means of travel to work	45492	49401	46824
	Worked at home	2142	2157	2256
	Did not go to work today	4881	4779	4794
	Drove a private car, truck or van	20484	21699	20304
	Drove a company car, truck or van	4659	5229	4887
	Passenger in a car, truck, van or company bus	2559	2832	2286
	Public bus	2010	2208	2352
	Train	4119	4431	4602
	Motor cycle or power cycle	288	300	414
	Bicycle	789	627	852
	Walked or jogged	1779	1908	1785
	Total people stated	44079	46635	45048

The dominant mode of transport used for work journeys is the private or company vehicle. In 2013 1.9% of people in the city cycled to work on census day. This was 1.7% in 2001 and 1.3% in 2006. The percentage of those who walked/jogged has remained static between for the three censuses from 2001. 3.9% in 2013 and 4% in 2001 and 2006. Travel by bus has seen a small but gradual increase from 4.5% in 2001, to 4.7% in 2006, and 5.2% in 2013. Similarly, train travel has increased from 9.3% in 2001 to 9.5% in 2006 and 10.2% in 2013. The increase in the use of public transport generally aligns with the results of the 2015 perception survey.

Vehicular transport is a key mode of transport for the city, enabling access to our centres for work and leisure purposes. Current data shows the importance of car travel for work and leisure journeys as well as indicating some movement towards increased use of public transport and active modes. Improving the road structure to ensure safe and efficient travel for a wide range of users e.g. commuters, visitors, shoppers, etc. is a key part of Council’s role.^{^[48]} This work means our infrastructure is safe for different mode users and will be adaptable to future needs. Similarly, future transport needs, including increasing automation, mean that Council will have to plan and prepare the network for considerable change.

Challenges and thinking

In order to identify issues and challenges for parking provision in the city officers:

· conducted two surveys on transport and parking in the city

· held two workshops with staff involved in transport and parking in the city

· held two workshops with local business owners, Jackson Street Programme, Greater Wellington Regional Council Living Streets Aotearoa, Hutt Cycle Network, Hutt City Youth Council, representatives from Queensgate, Healthy Families Lower Hutt, and Disability advocates

· met with interested individuals including parking building owners, active transport advocates, individual business owners, and Chief Executive of the Chamber of Commerce.

Officers also met with Petone Community Board. At the workshop and meetings officers presented draft proposals of the context, objectives, and mechanisms being considered. The full workshop report is attached as Appendix 1. Officers will also use the discussions in the workshops and with individuals to inform the development of operational responses.

Capacity

There are high levels of parking demand in some areas of the city (predominantly areas of Petone and the CBD) where the lack of availability of parking at certain times causes problems to vehicle users trying to park, to people using other means of transport, and traffic flow in these areas. In this way parking resources are not being used effectively to contribute to the performance of the city.^{^[49]}

For the CBD, the level of car driving related to the Saturday market causes a number parking demand issues. For Petone, participants in both groups identified driving activities related to large format retail outlets as having an impact on parking in Petone West and a general lack of parking in Petone. Participants also identified:

· commuters and people parking for longer periods, and moving their cars to exploit shorter-term parking

· people working in Petone and using the GWRC Park & Ride facilities at Petone Station although the level of misuse is unquantified. This has knock-on effects on parking in Petone West. This relates to the need for better monitoring and enforcement and ensuring availability in some locations.

The current approach to managing parking in some busy areas means that there is a lack of availability so usefulness of the resource is diminished. In this respect parking isn’t contributing effectively to economic or environmental outcomes or to influencing greater transport choices. In terms of monitoring and enforcement, capacity means Council is not always able to effectively enforce restrictions to ensure availability in some areas.

As well as the importance of having an appropriate supply of spaces in the right places, it was noted that mobility parking spaces in the city do not always meet the minimum size requirements and aren’t well marked e.g. in terms of logos and painting of the spaces to deter misuse. The overall design of accessible car parks is important as well i.e. kerb cuts for access.

Safety and security in some areas needs to be improved. This was mentioned particularly in relation to the levels of use of Riverside carpark which has a knock-on effect to on-street parking as people prefer to park on street where the perception of safety is higher.

Strategic Issues/thinking - we need to focus on people movement rather than ‘parking’.

The general view was that the role of parking is not effectively linked to Council’s strategic direction and four key strategies i.e. the contribution of parking to making the city liveable and prosperous. Participants agreed that Council should think about and plan parking in-line with the wider context of urban design and land-use, liveability, and the overall transport network.

Integrated transport planning and working in partnership are key and stakeholders are keen that the needs of all modes of transport are included in projects such as East-West connector, Petone to Grenada, and that the impact of projects on each other and the transport network overall are dealt with. Integrated planning for parking by all teams within council was seen as key to this.

Lack of prioritisation of road space users and uses (e.g. parking for shoppers in commercial areas as opposed to people who want to park for longer, areas for pick-up and drop-off, and encouraging of access via other modes of transport) and the lack of a consistent approach in different areas in the city in terms of the restrictions used and the reasons for these were identified as key issues.

Customer service improvements were identified such as increasing the amount of information on parking availability e.g. signage, real-time information, and payment options. Participants identified parking provision and cost as key influences on people’s choice of transport modes

Parking is seen as an influencer of travel choice while improved access to other modes can be a driver for reduced parking demand. Participants were keen that council play a role in influencing a move away from a car-centric culture in the Hutt Valley and encourage multi-user transport options rather than a single user in a private vehicle.

Providing better services for using alternative modes of transport e.g. public transport, as well as using mechanisms to control parking demand was preferred rather than encouraging the development of additional parking. Greater provision of facilities such as bicycle parking was seen as factor that would contribute to people using active transport

Mechanisms

Both the workshops and meetings discussed the mechanisms that could be used to deliver the policy’s objectives and principles. Key mechanisms identified are:

· Improved information on parking availability

· A parking hierarchy to ensure that spaces are provided for a range of vehicles – including scooters/mopeds, motorbikes, and bikes – and users

· Pricing as a mechanism for making effective use of resources where appropriate. This is strongly linked with increased monitoring and enforcement. It was identified that people will pay a reasonable cost for access – parking – if the destination is attractive e.g. in terms of shopping, social activities, environment, etc. so focus on these aspects in areas of the city. The price of parking should match demand – use of technology would enable Council to change the price of parking based on the demand.

· The use of time limits for parking in some areas. Time limits can work well in areas of low to medium demand but in higher demand areas they are not effective e.g. the P120 restriction is seen as limiting turnover and negatively impacting on retailers. Time limits should be appropriate to the result being sought. e.g. in some areas of the CBD 20, 30, 45, or 60 minutes, is appropriate but 120 minutes is too long to achieve good availability and turnover.

· Council could set-up some City Worker permit parking areas e.g. on-street on the periphery of the CBD. This provides a viable solution to this group of people if they want to drive to the city.

· Improve the other transport services available – this includes exploring the times, coordination, and coverage of public transport services as well as, longer-term, thinking about different bus routes that would provide access to centres such as the CBD and Petone and contribute to improving the people-friendly environment of these areas. These ideas could be developed in the context of the Riverlink and Petone 2040 plans.

· Sharing resources – participants questioned whether Council could work in partnership with parking providers and/or businesses that have parking which is well-used at certain period but not at others

There was support at both workshops for ‘keeping people moving’ through better management of parking in busy areas at busy periods.

In terms of designating priorities for parking Council should consider prioritising carpooling, and parking for families with children who may have difficulty using public transport because of cost. Participants thought that Council should support and promote improvements to the public transport system, infrastructure and facilities for active transport, and good urban design. In some places e.g. Jackson Street possibly, improving the public transport or active transport networks will mean prioritising these over on-street parking spaces.

Council should consider the option of removing parking in some circumstances. This relates to prioritising road-spaces for different uses depending on the aims of Council for the city and specific areas of the city. E.g. allowing some businesses to use parts of the pavement and/or parking spaces may be more effective mechanism to help deliver a more vibrant, people friendly area, and contribute to economic performance than retaining the parking. This is also relevant in terms of prioritising other modes and keeping traffic moving e.g. cycle lanes, bus stops that allow buses to pull off the road.

Both surveys conducted to inform the policy explored the ways people travel in the city, reasons for transport choices, and the ease or otherwise of parking. The survey conducted with Council staff also explored factors which influence people’s transport choices. Similar themes to those discussed with stakeholders were expressed in the surveys in terms of customer service requirements, demand for parking, reasons for transport choices and influencing these choices.

Citizen’s Panel

This survey was conducted from 7^th – 21^st March 2017. It was distributed to the Citizens Panel by Public Voice and promoted on Facebook and Neighbourly by Hutt City Council. The main findings were:

· Parking should be affordable and easy e.g. in Petone and Lower Hutt CBD – including more parking spaces/buildings than there currently are; better signage/navigation help; more enforcement to ensure turnover; some free 15-30 minute parking spaces in Lower Hutt CBD.

· Paid parking should be easy and intuitive – including apps for paying, the ability to prepay, automatic, online top-up systems, technology to make enforcement easier, and no transaction fees for using a credit card to pay.

· Council should encourage non-car transport – e.g. through improving (affordable, frequent) bus services; safer bike routes and more bike parking, and information about where to park bicycles and motorcycles.

Respondents to the Citizen’s Panel survey also referred to more parking being required in some areas as well as implementing technology to improve enforcement.

Council staff survey

Of the 225 respondents, 158 (70%) travelled to work by car with a further 14% travelling in a work vehicle. 72% of those travelling by car travel alone and 43% park in free on-street parking spaces. 9.8% use public transport, 11.6% walk or run to work, and 6.7% cycle. Convenience – 52% - was the reason most people chose their mode of transport while the need to carry out errands during the day, at 30.9%, was the second biggest reason for the choice of transport. The ease of parking was the reason for 26% of people using the car. 12.1% chose their transport because it is cheaper than using the car. Other reasons included environmental concerns (10%), and fitness reasons (11.6%).

Most people who used modes of transport other than driving used the bus.

· Bus 56%

· Cycle 26%

· Walk 45%

· Train 24.8%

Among the main factors that would persuade people to use other forms of transport are:

· Availability – 41%

· Lower cost of public transport – 33.5%

· Better facilities for bikes etc. at work – 25%

· Improved road safety for cycling – 15.7%

· Closeness to home and work of public transport pick-up and drop-off points - 26.9%

Parking occupancy in Hutt City

In addition to consultation with stakeholders and the surveys, data on parking occupancy was gathered for areas of the CBD and Petone during June and July 2017.^{^[50]} Some general comments on the data are included below. The occupancy data, along with data on the turnover of vehicles, will be further analysed as part of the work to develop the future approach to parking management.

Petone:

The survey explored the use of parking spaces on Tuesday 27 June and Saturday 1 July between 10am and 7pm for:

· streets surrounding Jackson Street from Cuba Streets to Victoria Street which have spaces available for between 5 minutes and 1 hour; and

· streets in Petone West, between and including, the Esplanade and Hutt Road which have spaces available for between 5 minutes and 90 minutes, 2 hour spaces and 4 hour spaces, and all day spaces.

Data for the occupancy survey shows high levels of parking occupancy in numerous areas, with occupancy levels changing depending on the time of day and between weekdays and the weekend.

The area between Cuba Street and Victoria Street:

Occupancy was high in streets such as Sydney Street, Nelson Street, Britannia Street, Richmond Street, Fitzherbert Street, and Elizabeth Street, during the week for the period between 11am and 2pm. Several of the streets had occupancy levels of 86% and above during this period, with occupancy at 100% in a number of the streets. Occupancy levels decreased in the period between 3pm and 5pm before increasing from 6pm. Many of the streets had 100% occupancy at 7pm while a few had occupancy of between 67% and 83%.

On the weekend occupancy levels in these streets are high, with a some exceptions, in the period between 10am and 3pm. Occupancy at 4pm and 5pm is lower overall while occupancy levels increase again from 6pm with all the parking, except for spaces in Bolton Street and Sydney Street which had occupancy levels of 83% and Fitzherbert Street at 82%, being at 88% or above with a number having occupancy levels of 100% during these periods.

In Petone West:

Occupancy data during the week shows a high level of use in the period between 10am and 4pm, particularly for all-day parking spaces. Many streets have occupancy levels of above 90% with many at 100% occupancy.

Occupancy on Saturday is considerably lower in this area, however there are streets where parking spaces are consistently busy.

In the CBD:

The survey was conducted on Tuesday 27 June and Saturday 1 July between 10am and 6pm.

During the week:

Very high occupancy for the two hour and four hour parking spaces, and the all-day parking, available in streets such as Bristol Street, Kings Street, Cornwall Street, Brunswick Street, Raroa Street, and Laings Road, in the period from 10am to 6pm

Short-term parking in some areas such as Pretoria Street had an occupancy level of 87% to 100% in the period between 10am and 4pm

On the Saturday

Areas of High Street, Queens Drive, Waterloo Road, Knights Road, and Bloomfield Road, with two and four hour, and all-day spaces, had occupancy levels of above 86% in the period between 10am and 2pm, with several areas at between 90% and 100% occupancy.

The period between 10am and 2pm were particularly busy in Knights Road, Queens Drive, areas of High Street, Andrews Avenue, Daly Street, Rutherford Street, Margaret Street, and Bunny Street, with occupancy levels between 88% and 100% in many of the streets.

Areas that are busy during the week, for example Kings Crescent, Cornwall Street, and areas of Knights Road, had considerably more parking available during the Saturday morning and afternoon periods.

Mechanisms

Without restrictions such as focussing parking resources towards priority users, pricing, and in lower demand areas time-limits, parking in many areas becomes saturated and its use as a facilitator of liveability and prosperity diminishes.

Ensuring that parking works effectively for the city will mean using a number of mechanisms to ensure parking is available, safe, convenient, and reasonably priced, and that access to the city by public transport and active transport is improved. As a traffic control device, parking policy can help facilitate access to the city via other modes. The price of parking, for example, influences people’s driving patterns and the use of other modes while an increase in the use of other modes can mean that the city’s parking resources and road space will more effectively contribute towards our longer-term goals.

Road space/parking hierarchy

A hierarchy of users and uses would help determine how Council uses road space to best contribute to the success of specific areas and to the city overall.

In some situations on-street parking is critical to providing access, for example for people with mobility problems, and where off-street parking is unavailable or not convenient. This resource therefore remains important and needs to be managed effectively. There is also evidence that prioritising the infrastructure and facilities required for other modes of transport, developing amenity and people-friendly spaces - through reallocating road space used for parking - can have positive benefits, including on economic activity.

The following are types of movements and user types that Council will have to prioritise in order to achieve the objectives.

· Safety

· Amenity

· Existing property access

· Public transport stops and taxi ranks

· Commuter parking

· Local employee parking

· Short-term parking e.g. for shoppers

· Parking in residential areas

· Mobility parking

· Loading areas

· Pick up and drop off points e.g. around schools, railway stations

· Bike parking

· Spaces for car share vehicles

· Cycle lanes

· Motorbike/scooter parking

Council will also need to prioritise the movements and types of users by areas in the city. The priority given to users and uses would change depending on the area. The priorities given would also need to be in-line with the Network Operating Plan Framework and Plan being developed by Council for roads in the city i.e. buses would get priority on major bus routes, bicycles and the provision of cycle lanes would get priority on cycling routes, and provisions for walkers would be prioritised on pedestrian routes/areas. Similarly, provision for loading and unloading would be prioritised in commercial areas and drop-off and pick-up parking would be prioritised in areas around schools, educational institutions.

There are numerous types of areas in the city, including residential, commercial, and industrial areas, and sub-categories of these, for which hierarchies of use will be explored at the operational stage.

Pricing

The price and availability of parking has a significant influence on the choice of whether or not to drive.

‘Cities that price street parking accurately can deliver a high-quality of service to drivers, finance other services for residents,…promote other transport modes, [and] create better amenity. ^{^[51]}

The price of parking should be assessed by area, demand and the priority given to different users.

In areas of high parking demand paid parking, with an ability to monitor use and increase or decrease fees, is often required to help effectively manage the parking available. Fees are effective in ensuring that motorists stay no longer than they need to, which creates availability and turnover of spaces. ^{^[52]} ^{^[53]}

Users of parking should pay directly for the parking they use. This contributes to the cost of providing parking and reflects the value of the resource and road space. This is particularly the case where ensuring availability/turnover in business areas is a key aim and is also in-line with Council’s objectives to increase access for other transport modes and to increase the use of those modes.

Pricing is an effective mechanism for balancing the changing demands for parking with the fixed and often limited supply of on-street spaces. The aim is to ensure a high level of use as well as making sure that there are always a few empty spaces. Achieving 85% occupancy at peak times is the aim but between 70% and 90% is acceptable and these levels mean that as well as supporting busy areas there will be some parking spaces available. Achieving around 85% occupancy means:

· The spaces are highly used but also available;

· Drivers will not have to drive around looking for spaces and contributing to congestion, wasting fuel, and causing pollution

· Contributing to economic activity in the area – the price will be higher in areas of high demand and will encourage availability of spaces.

Charging for parking, alongside improving other alternative modes, ^{^[54]} is also an effective mechanism in influencing travel decisions such as whether to drive alone, car share, or use public transport, while implementing reasonable price does not detract from the attraction of an area where there are high-quality retail, social, and leisure opportunities.^{^[55]} ^{^[56]} In contrast, free or subsidised parking encourages car use and makes alternative modes of transport less attractive, increases the demands on infrastructure and parking resources particularly in peak periods, and disadvantages other road users. ^{^[57]}

‘the ‘Goldilocks principle’ of parking prices: the price is too high if many spaces are vacant, and too low if no spaces are vacant. When a few spaces are available everywhere, the prices are just right.’ ^{^[58]}

The price of the most convenient parking spaces should favor priority users and these should have higher fees to increase turnover and favor higher-priority uses. ^{^[59]}

Along with improving other transport choices e.g. through the timing, supply, and efficiency of public transport, pricing parking appropriately can reduce vehicle commuting by 10-30%.^{^[60]} Pricing that applies to commuter parking tends to be particularly effective at reducing peak-period travel. Similarly, pricing can help reduce the kilometers travelled and vehicle emissions. US research indicates that increasing parking pricing can have significant impacts on vehicle travel and emissions e.g. increasing fees from approximately $0.28 to $1.19 per hour reduced vehicle miles travelled 11.5% and emissions 9.9%.^{^[61]} data from a US study in 1997 shows that a USD$3 per day parking fee would reduce total vehicle trips by about 2.8%, with congestion and traffic delays declining by 8.5%.

Time restrictions

Regulating parking by using time restrictions can work to create availability in areas of low to medium demand. Council will regularly assess occupancy levels in the city in order to ensure parking works effectively in-line with the needs of particular areas.

Enforcement

Council’s parking enforcement team has an integral role in ensuring that the city’s transport system works safely and efficiently. Effective enforcement contributes to safe roads, encourages turnover of parking spaces, and helps keep traffic moving efficiently. Parking Officers:

· monitor compliance with parking rules – and ticket offenders;

· check for valid a Warrant of Fitness, vehicle registration, and condition of tyres; and

· provide an important service to the public in terms of advice on parking, directions, and other matters.

Improving the effectiveness of this service through the use of appropriate technology is being considered as part of the parking review.

Technology

Parking technology, including licence plate recognition, payment applications and online methods of purchasing parking, contribute to efficient use of parking resources by offering, better information on where parking is available, and convenient payment methods. The technology can also improve parking enforcement and therefore contribute to increasing road safety, flow of traffic in busy areas, and more effectively ensuring turnover and availability of parking spaces.

Improving access via other modes

Implementation of the parking policy will intersect with other work Council is doing to improve walkability and cycle–friendly access to the city by contributing to improving cycling and walking infrastructure. Managing parking more efficiently with the aim of reducing unnecessary vehicle travel will contribute to improving access to other modes and the overall environment for those modes. Work should focus on

· Continuing with investment into cycling and walking infrastructure.

· Exploring actions to incentivise ride-sharing, car-pooling initiatives as opposed to solo-driving.

· Working with Greater Wellington Regional Council to continue improving public transport provision in the city and the effectiveness of park and ride facilities.

· Prioritising road space for improving access to the city by public transport and other modes.

Best use of resources – sharing car parking facilities

Efficient parking management includes making use of the same parking supply for different uses e.g. using private parking resources during the evening for events when they would otherwise be unused. To progress this work officers will work with:

· Private parking operators to access parking provision

· Business owners regarding the use of carpark areas during their off-peak periods

49 31 July 2017

Policy and Regulatory

08 June 2017

File: (17/886)

Report no: PRC2017/3/178

Review of Traffic Bylaw

Purpose of Report

1. To report to the Council the background information associated with the s155 review of the Traffic Bylaw 2007.

2. To recommend that Council agree to consult, using the special consultative procedure in accordance with sections 83 and 86 of the Local Government Act 2002 (LGA 2002), on the Summary of Information, Statement of Proposal and proposed bylaw. These are respectively attached to the report as Appendix 1, Appendix 2 and Appendix 3.

Recommendations

It is recommended that the Committee recommends that Council:

(i) notes that the Local Government Act 2002 requires the Council to review its bylaws within 10 years of a previous review;

(ii) notes that the Traffic Bylaw 2007 has been reviewed in accordance with section 155 of the Local Government Act 2002;

(iii) notes the outcome of the s155 review of the Traffic Bylaw 2007 is to propose amendments to the Traffic Bylaw, more particularly detailed in the statement of proposal (a draft of which is attached as Appendix 2 to the report);

(iv) agrees to consult on the summary of information, statement of proposal and proposed bylaw (a draft copy of which is attached as Appendix 1 to the report) in accordance with the requirements of the LGA 2002, by means of a special consultative procedure;

(v) agrees to establish, a subcommittee to:

(a) hear submissions on the proposed Traffic Bylaw;

(b) recommend the appropriate action to Council for consideration and approval; and

(vi) notes that if this Committee agrees to make the recommendations in (iv) above, the summary of information, statement of proposal and proposed amended bylaw (subject to legal confirmation and any changes requested by the Committee), will be included on the agenda for Council, together with the Committee’s recommendation.

Background

3. The Council needs to review the Traffic Bylaw 2007 within 10 years of the previous review in accordance with the provisions of section 159 Local Government Act 2002 (LGA 2002).

4. The Traffic Bylaw 2007 regulates a wide range of activities undertaken on public roads in Hutt City.

5. The subject matter of the bylaws is wide - which reflects the many and varied situations concerning the use and range of activities managed by Council involving public roads. While a wide range of activities occurs on roads without causing any problems, some activities create issues of concern which are required to be addressed by Council. These activities may cause:

· an unreasonable obstruction to other road users. Hutt City faces increasing demand for parking spaces and use of the overall road network, as well as increasing congestion due to growth in the volume of traffic. Examples of activities that can cause problems include parking in a parking space in a busy area all day, or leaving a large container on a road for a long period of time;

· a danger to other people in the area, including pedestrians and other road users. Examples include skateboarding at high speed, or displaying vehicles for sale on a busy road; or

· damage to property or to the environment, such as parking on a cultivated berm.

6. There have also been a number of changes to parking technology since the 2007 Bylaw was made. In particular, these changes have meant that there are now a variety of methods by which people can pay for the use of parking spaces. The Council intends to make use of new parking technology to make it easier for people to comply with parking restrictions, but requires a bylaw that allows for different types of technology to be used.

Discussion

Legislative requirements

8. Council is a road controlling authority, able to make bylaws for a range of specific purposes, under section 22AB of the Land Transport Act 1998. We have sent our existing Bylaw for an external review, to ensure that the provisions of our Bylaw match the provisions in section 22AB.

9. When undertaking a bylaw review process, s155 of the LGA 2002 requires a local authority to determine whether a proposed bylaw is the most appropriate way of addressing the perceived problem.

10. If it is determined that a bylaw is the most appropriate way to address a perceived problem, then the local authority must:

i. determine whether the proposed bylaw is the most appropriate form of bylaw; and

ii. determine whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990.

11. Council may bring proceedings in court summarily to recover the cost of remedying the damage arising from the breach of the bylaw (s176 of the LGA). The existence of the bylaw may be valuable in terms of its deterrent effect as well as sending a message about condemning damage to Council property.

12. DLA Piper was engaged to provide Council with an audit of the 2007 Traffic Bylaw, including advice on the legality of implementing an anti-cruising bylaw and a restriction on certain vehicles. These matters are outlined below. Council staff then undertook the s155 review.

Most appropriate way of addressing the problem

13. Consideration has been given to a range of options (non regulatory and other regulatory options) for addressing the perceived problems that the Traffic Bylaw 2017 was intended to address.

14. Experience to date shows that adopting a series of non-regulatory initiatives does not by themselves always adequately address the perceived problem. Educative measures may not reach everyone, nor may they provide an effective deterrent to everyone. As these activities have an effect on the general public, property and the environment, it is necessary for Council to have a greater ability to enforce its policies and practices. The proposed bylaw only applies in circumstances where the Council considers the non-regulatory options will not be effective.

Boy Racer activity - Seaview

15. The Seaview Business Association made a submission to last year’s annual plan concerning boy racer activity in Seaview. It was noted then that Council was going to be reviewing the Alcohol in Public Places Bylaw in 2016 and the Traffic Bylaw in 2017. Both bylaws may provide the opportunity to help address the issues raised by the Seaview Business Association.

16. The Alcohol in Public Places Bylaw was adopted by Council in December 2016. That bylaw prohibits drinking in Seaview (as per Appendix 12 of the bylaw) between the hours of 9.00pm and 5.00am. Contact was made with the Seaview Business Association in May 2017 to ask them if it has been effective in reducing the amount of antisocial behaviour.

17. The Association advised that they are reliant on the businesses in the area letting them know when they have a problem. The Association is aware that boy racers are gathering on Toop Street and racing down Port Road with one vehicle missing the bend in the road and landing up in the fence. The businesses in the area have been asked to let the Association know of any incidents so they can monitor what is happening. However businesses haven’t been letting the Association know just of late of any issues. They are not having the drinking problems on Hutt Park Road which the businesses are happy about.

18. The ability of the Council to control ‘boy racer’ types of activities that are happening on roads or within reserves was analysed as part of the review of the Traffic Bylaw 2007. Legal advice was obtained about the ability to put in place an anti-cruising Bylaw and also to specifically prohibit all vehicles (except for heavy vehicles) at certain times.

Anti-cruising Bylaw

19. The legal advice received noted Council could implement an anti-cruising bylaw, under section 22AB (1) (a) of the Land Transport Act (LTA) . ‘Cruising’ is defined in the LTA as:

“…driving repeatedly in the same direction over the same section of road in a motor vehicle in a manner that-

(a) draws attention to the power or sound of the engine of the motor vehicle being driven; or

(b) impedes traffic flow”

20. If those issues are what Council wishes to control (driving over the same area of road and creating power/sound issues or a convoy) then this provision allows Council to make a bylaw. However based on the description of the issue (a gathering of cars, drinking, burnouts and racing) it does not seem to quite fit the definition of ‘cruising’ and the legal advice received has suggested Council consider what other options could be used instead.

Prohibit vehicles

21. Another option considered was the legal ability to control the activity via a prohibition on any vehicle, except heavy vehicles, on roads in the Seaview industrial area at night.

22. Legal advice received on this issue concluded:

“…any Bylaw that aims to restrict all domestic vehicles (other than residents) accessing defined streets at certain times is unlikely to be valid or enforceable. This approach is simply too broad, indiscriminate and lacking in certainty, and is not the most appropriate way to address a problem. As the LTA specifically allows an anti-cruising Bylaw and section 22A of the LTA prevents racing and loss of traction, those may be better options than a blanket prohibition of domestic vehicles.”

Land Transport Amendment Act 2003

23. The Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 created a number of offences aimed at addressing ‘boy racer’ concerns. The offences relate to unauthorised street racing, drag racing, wheel spinning and other stunts on roads, and the spillage of oil and other lubricants on roads without reasonable excuse. The Amendment Act also provides powers to Police to impound vehicles in certain situations.

Conclusion

24. In general, it is the Police that enforce the ‘boy racer’ offences in the Amendment Act. It should also be noted that racing down Port Road in excess of the speed limit is covered by other legislation to do with speeding and not Hutt City Council’s Traffic Bylaw.

Skateboarding in Hutt City

25. The Traffic Bylaw 2007 has 15 areas designated as skateboard ban areas. These areas are mainly located in suburban shopping areas, the CBD and Waterloo train station. Compared to 10 years ago, skateboarding has now become a very popular activity and for some an effective mode of transport. It is now common to see people skateboarding around the city. The Council has also developed a new skateboard area in Riddiford Gardens which is proving popular.

26. When undertaking an analysis of this activity it was noted that no staff records exist of any complaints being made concerning skateboarding activity in any of the current skateboard ban areas. There was an issue with skateboarders in Stokes Valley for a short period of time but this faded away and no further problems were raised. Based on this evidence there is no perceived problem associated with the 15 skateboard ban areas as identified in the 2007 Traffic Bylaw that should be carried forward to the proposed Traffic Bylaw 2017. To do so would be ultra vires and would leave the proposed bylaw open to challenge.

27. It should be noted here that there has been some damage to the planter boxes outside the Council building on Laings Road caused by skateboarders ‘grinding’. The best way to address this issue is placing brackets between each slab – this makes it impossible for grinding to continue. The same issue started when the Anzac Memorial site was constructed, outside the main library. Once brackets were installed at the Anzac Memorial site the problem stopped. When undertaking a bylaw review process Council needs to determine whether a proposed bylaw is the most appropriate way of addressing the perceived problem. In this situation the installation of brackets has proved to be the best way to address the problem.

Conclusion

28. The perceived problem associated with skateboarding has changed since 2007, when the current Traffic Bylaw was created. The perceived problem is now a person using a skateboard in a public place in a manner that is dangerous or creates a nuisance for traffic or pedestrians. It is also considered appropriate to propose a clause prohibiting skateboarding on a road or public place during the night, or in a skating ban area.

29. This approach would allow skateboarding across the city but be subject to certain conditions as outline above.

30. This approach targets the types of behaviour the bylaw can address. It should also be noted the 2007 Traffic Bylaw currently allows skateboarding on the majority of city streets.

Overall conclusion after completing the review

31. The s155 review concluded that while many provisions of the 2007 Traffic Bylaw remain appropriate, amendments are required in order to meet the s155 requirements of appropriateness and compliance with the NZBORA.

32. After assessing all the options, it is considered that the proposed amended Traffic Bylaw is necessary to protect the public from nuisance; to protect, maintain and promote public health and safety; to minimise the potential for offensive behaviour and to regulate the use of public roads for the enjoyment of all.

33. Amendments have been proposed so that each provision specifically addresses the aspect of the perceived problem that Council intended them to address. Some provisions are proposed to be revoked. Other amendments are proposed to ensure that the proposed bylaw remains appropriate in light of powers and remedies provided in other legislation and general law.

34. Details about the proposed clauses are contained in the statement of proposal attached as Appendix 2 to this report.

Options

35. Council could agree to review the Traffic Bylaw by undertaking the special consultative procedure using the documentation attached to this report. OR

36. Council could decide to not undertake this review and the current Bylaw will lapse in July 2019.

37. It is recommended the Council proceed with the review of the Traffic Bylaw.

Consultation

38. If the Council agrees to this proposal, the special consultation process required to make the proposed Traffic Bylaw 2017 will be undertaken.

39. As part of the Traffic bylaw review, contact was made with the Seaview Business Association to establish what, if any, changes had occurred in Seaview since December 2016. If Council approves the proposed Traffic Bylaw for consultation, contact will be made with the Association to advise them of the opportunity to lodge a submission.

40. Contact was also made with the Hutt City Youth Council to seek their input into the review of the current skateboard provisions. The matter was discussed at a recent executive meeting of the Youth Council. They have advised that they agree with the approach proposed and were interested to see how it works out.

Legal Considerations

Implications under the NZ Bill of Rights Act 1990 (NZBORA)

41. Two of the provisions under the proposed 2017 Traffic Bylaw have implications under the NZBORA, which have the potential to restrict the freedom to peaceful assembly. These are:

· proposed clause [insert number] – Skateboards; and

· proposed clause [insert number] – Displaying vehicles for sale on road

It was concluded that both these clauses represented a reasonable limitation on the rights contained in the Bill of Rights. Therefore both clauses should be retained in the proposed bylaw.

Skateboarding Infringement Notices

42. The question of how best to monitor and enforce skateboard activity in the future has been addressed as part of the review. It is proposed that a $75.00 fine could be created in the Traffic Bylaw to issue to skateboarders instead of the $750 infringement fine for breach of a bylaw.

43. Police are the only ones warranted to issue notices. In discussing the matter with relevant staff we would not want or expect staff to issue notices as they are not trained to do this and there are potential safety risks to staff if put in that position. Council staff also don’t have the legal power to ask for peoples name and address – only Police have that legal power.

44. Police have been approached and they have advised they are interested in issuing notices as proposed. This matter will be followed up by Council staff, working alongside the Police, as part of the Traffic Bylaw review process.

Financial Considerations

45. There are no financial considerations.

Other Considerations

46. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it describes how it meets the current/future needs of the community.

Appendices

No.	Title	Page
1 ⇩	Summary of Proposal – Traffic Bylaw 2017	59
2 ⇩	Statement of Proposal - Traffic Bylaw 2017	61
3 ⇩	Draft Traffic Bylaw 2017	76

Author: Graham Sewell

Principal Policy Advisor

Reviewed By: Bradley Cato

Solicitor

Reviewed By: John Gloag

Divisional Manager, Road and Traffic

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

Attachment 2

Statement of Proposal - Traffic Bylaw 2017

CONTENTS

1. INTRODUCTION 4

2. review of the 1997 bylaw 4

2.1 Statutory framework for the review 4

2.2 Bylaw-making powers 5

2.3 The perceived problem 5

2.4 Most appropriate way to address perceived problem 6

2.5 Most appropriate form of bylaw 7

2.6 Implications under the New Zealand Bill of Rights Act 1990 (“Bill of Rights”) 8

3. the proposed bylaw 9

3.1 Additions, modifications and deletions made in respect of the 1997 Bylaw 9

3.2 Explanation of the proposed Bylaw 10

Proposed clause 1 - Interpretation 10

Proposed clause 2 - General 10

Proposed clause 3 - Time restricted parking 10

Proposed clause 4 - Coupon or metered parking areas 10

Proposed clause 5 - Residents' parking 10

Proposed clause 6 - Reserve parking and no stopping areas 11

Proposed clause 7 - Time restricted parking 11

Proposed clause 8 - Restriction on parking in coupon parking areas 11

Proposed clause 9 - Restriction on parking in metered parking areas 11

Proposed clause 10 - Restriction on parking in resident's parking areas 11

Proposed clause 11 - Restrictions on parking in parking spaces 11

Proposed clause 12 - Parking on the grass 12

Proposed clause 13 - Parking immobilised or unlicensed vehicles 12

Proposed clause 14 - Displaying vehicles for sale on road 12

Proposed clause 15 - Skateboards 12

Proposed clause 16 - Placing containers on roads 12

Proposed clause 17 - Advertising on roads 13

Proposed clause 18 - Window washers 13

Proposed clause 19 - Beaches 13 Proposed clause 20 - Road upgrade and/or maintenance work 14

Proposed clause 21 - Vehicle and container removal 14 Proposed clause 22 - Defences 14 Proposed clause 23 - Exemptions to this bylaw 14 Proposed clause 24 - Fees and Offences 14 Proposed clause 25 - Restrictions by resolution 15

4. process for the development of the proposed bylaw 15

1. INTRODUCTION

Hutt City Council has reviewed and as a consequence proposes to revoke the existing Hutt City Council Traffic Bylaw 2007 (“the 2007 Bylaw”) and replace it with a new bylaw relating to traffic (“the proposed Bylaw”). This Statement of Proposal pertains to the review of the 2007 bylaw and the proposed new Traffic Bylaw.

The 2007 Bylaw was made under the Local Government Act 1974 and Transport Act 1962. Since then, the Local Government Act 2002 (“LGA”) has come into force. Under the LGA, the Council is required to review its 2007 Bylaw before July 2017. If that review is not completed within two years of that date the Bylaw will lapse in July 2019.

This paper sets out the statutory framework for the review of the 2007 Bylaw, identifies the perceived problems that the proposed Bylaw needs to address, and discusses whether the proposed Bylaw is the most appropriate way to address the perceived problems. This statement then sets out the reasons why the Council considers the proposed Bylaw to be the most appropriate form of Bylaw. The implications of the proposed Bylaw under the New Zealand Bill of Rights Act 1990 are discussed. Finally, an explanation of the proposed content of, and rationale for, each provision of the proposed Bylaw is given.

This Statement of Proposal has been prepared in accordance with section 83 of the LGA.

2. review of the 2007 bylaw

2.1 Statutory framework for the review

The Council is required to review its 2007 Bylaw relating to traffic before 3 July 2017 under section 159 of the LGA. Under sections 159 and 155, the review of a bylaw must take the form of reconsideration of the matters that the Council is normally required to consider before making a bylaw.

Section 155 requires the Council to determine whether the proposed Bylaw is the most appropriate way of addressing the perceived problem. If so, the Council must determine whether the proposed Bylaw is the most appropriate form of bylaw, and whether the proposed Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“Bill of Rights”). No bylaw can be inconsistent with the Bill of Rights.

In reviewing a bylaw, the Council must use the special consultative procedure set out in section 83 of the LGA (as required by section 156).

The 2007 Bylaw can be viewed by visiting the Council’s website: www.huttcity.govt.nz

2.2 Bylaw-making powers

The Council has the power to make bylaws for its district (under section 145 of the LGA) for the purposes of:

(a) protecting the public from nuisance;

(b) protecting, promoting, and maintaining public health and safety;

A bylaw about traffic is consistent with all of the purposes for which the Council can make bylaws under section 145.

There are bylaw-making powers under other legislation that are relevant to traffic. The Council is empowered to make bylaws about the use of roads under section 72 of the Transport Act 1962. These powers include the power to prohibit or restrict the stopping, standing, or parking of vehicles on any road (section 72(1)(k)).

2.3 The perceived problem

Some activities related to parking and traffic create problems on Hutt City roads that are required to be addressed by the Council. These activities may cause:

· a danger to other people in the area, including pedestrians and other road users. Examples include skateboarding at high speed, or displaying vehicles for sale on a busy road; or

· damage to property or to the environment, such as parking on a cultivated berm.

There have also been a number of changes to parking technology since the 2007 Bylaw was made. In particular, these changes have meant that there are now a variety of methods by which people can pay for the use of parking spaces. The Council intends to make use of new parking technology to make it easier for people to comply with parking restrictions, but requires a bylaw that allows for different types of technology to be used.

Since 1997, there have also been significant changes to traffic legislation. The Land Transport Act 1998 has come into force, along with its associated Rules, including the Land Transport (Road User) Rule 2004 and the Land Transport Rule (Traffic Control Devices) 2004. The 2007 Bylaw requires updating to make it consistent with the new legislative framework.

2.4 Most appropriate way to address perceived problem

Consideration has been given to a range of options for addressing the problems identified above.

Non-regulatory options

The Council has considered non-regulatory options for addressing the perceived problems. However, the Council does not consider that non-regulatory measures will be sufficient to address problems related to parking and traffic. The fundamental difficulty with any voluntary compliance regime in this area is that individuals do not have an adequate incentive to comply. The Council therefore requires bylaws so that it is able to enforce restrictions on parking and traffic for the benefit of all road users.

The Council uses educative programmes to advise people of major changes to parking or traffic rules. However, these measures alone are not sufficient to address the problems.

The Council considers it is necessary to have a Traffic Bylaw in place to ensure there is compliance with its traffic policies and practices, which have an important effect on the general public, property, and the environment.

Regulatory options

Some of the provisions of the 2007 Bylaw address matters that are either already covered by, or are related to matters covered by, existing legislation.

A number of the provisions in the 2007 Bylaw have some crossover with provisions in the Land Transport (Road User) Rule 2004 and the Land Transport Rule: Traffic Control Devices 2004. However, as these Rules do not address all of the perceived problems, the Council considers that it is appropriate to continue to have a Traffic Bylaw in order to address the perceived problems. Some amendments have been proposed to refine the scope of the Bylaw in light of the Rules to ensure there is no unnecessary overlap.

Community outcomes

Hutt City Council has a commitment to achieving city-wide outcomes identified by the community. Community Outcomes are set out on page 7 of the Hutt City Council’s Long Term Plan 2015 – 2025. The Roading and Footpaths activity contributes to our community outcomes of a safe community and an accessible and connected city.

These outcomes relate to the matters covered by the Traffic Bylaw because the regulation of parking in central city and city fringe areas may encourage the use of public transport. In addition, ensuring that Hutt City is a safe place to use any mode of transport and is not overly congested helps to make Hutt City interesting and attractive.

In order to achieve these goals, the Council considers it necessary to have in place measures to regulate behaviour or activities that raise concerns about safety or property damage, or cause nuisance, on roads. The proposed Bylaw is consistent with the outcomes in the Council long-term plan.

Summary

Although other regulatory and non-regulatory measures may assist in managing the perceived problems, the Council does not consider that these other measures are sufficient to address the perceived problems.

The Council considers that the proposed Bylaw is the most appropriate way to address the perceived problems. The Council also considers that the proposed bylaw will contribute to achieving the community outcomes identified in the Council’s Long Term Council Community Plan 2006-2016.

2.5 Most appropriate form of bylaw

The proposed Bylaw addresses the perceived problems by allowing the Council to regulate the use of parking spaces on Hutt City roads, and prohibiting or regulating certain activities on roads where they cause nuisance or hazards to the safety of pedestrians and road users. The proposed Bylaw is flexible and allows changing circumstances to be recognised.

The proposed Bylaw clearly states the Council’s position by stating whether or not an activity is permitted, and which activities constitute a breach of the bylaws. The Bylaw sets out what action needs to be taken to comply with it, for example, whether a permit from the Council is required for the activity.

The proposed Bylaw reflects a number of the Council’s existing policies and practices, and also reflects community goals that have been identified by the Council.

The proposed Bylaw is consistent with the style when compared with other parts of the Hutt City Council Bylaws.

The proposed Bylaw is therefore the most appropriate form of bylaw. It clearly states the Council’s position on each issue, how the Bylaw can be complied with, reflects the Council’s existing policies and practices, and addresses the perceived problem.

2.6 Implications under the New Zealand Bill of Rights Act 1990 (“Bill of Rights”)

As mentioned, the Council is required to determine whether a bylaw relating to traffic gives rise to implications under the Bill of Rights (section 155 of the LGA). Two of the provisions have the potential to conflict with some of the rights and freedoms contained in the Bill of Rights. These are:

· proposed clause 12 – Skateboards; and

· proposed clause 11 – Displaying vehicles for sale on road.

Skateboards

The proposed clause 15, on skateboarding (and other similar activities) provides that the Council can specify an area as a skating ban area, either generally or on specific times and days.

The proposed clause contains a general prohibition on skateboarding in a public place in a manner that is dangerous or creates a nuisance for traffic or pedestrians. Skateboarding is also prohibited by the proposed clause on a road or public place during the night, or in a skating ban area.

There is a general exemption for skateboarding in facilities that are provided by the Council for those purposes. There is also a requirement for a person who is holding a competition or gathering that involves skateboarding to seek written permission from the Council before doing so, and comply with any conditions imposed by the Council on its written permission (which allows the Council to make sure any potential safety issues with the event are addressed).

This clause has the potential to infringe on the right to freedom of peaceful assembly (in section 16 of the Bill of Rights) and the right to freedom of association (section 17 of the Bill of Rights). However, the Council considers that the proposed clause is not inconsistent with the Bill of Rights.

Although the Bylaw makes some imposition on individual’s rights, there are good reasons to justify the Bylaw. Skateboarding, and other similar activities, can cause both a nuisance and a safety hazard to pedestrians and road users.

In addition, there are important limitations in the Bylaw on the Council’s ability to impose skateboarding bans. The proposed clause ensures that skateboarding bans will only be imposed in areas where the Council has evidence that there have been problems caused by skateboarding that justify a ban.

The proposed clause also ensures that a ban does not impose on individual’s rights more than it should, by the inclusion of the possibility of having the skateboarding ban only at certain times and certain days.

Individual’s rights are further protected by the requirement on the Council to take certain factors into account in deciding whether to make an area a skateboarding ban area, as discussed above. Finally, although the proposed clause prohibits skateboarding on a road or public place during the night, or in any skateboarding ban area, the proposed clause does not prohibit skateboarding altogether. Skateboarding is only generally prohibited when it is dangerous or creates a nuisance for traffic or pedestrians.

The Council’s view is that in accordance with section 5 of the Bill of Rights, proposed clause 11 represents a reasonable limit on the rights to freedom of peaceful assembly and of association that can be demonstrably justified in a free and democratic society.

Displaying vehicles for sale on roads

The proposed clause 14, which relates to the display of vehicles for sale on roads, also has the potential to infringe on the same rights as identified above for skateboarding.

The proposed clause 14 provides that no person may stop, stand, or park a vehicle on a road for the purpose of displaying the vehicle for sale on the basis that it is reasonable to allow residents to advertise their vehicles for sale provided they are being used for day to day travel. This allows individuals to continue in the time-honoured tradition of advertising and selling their own car and at the same time prevents car dealers (either registered or unregistered) from using public roads to advertise and sell their vehicles.

It is the Council’s view that the proposed clause 11 also represents a reasonable limitation on the rights contained in the Bill of Rights.

Summary

No provision of the proposed Bylaw is therefore inconsistent with the Bill of Rights.

3. the proposed bylaw

3.1 Additions, modifications and deletions made in respect of the 2007 Bylaw

In reviewing the best way to address the perceived problems in drafting the proposed Bylaw, the Council began from first principles. Many of the provisions from the previous Bylaw have been retained but where there are proposed changes this has been displayed as tracked changes in the proposed bylaw attached.

Other parts of the proposed Bylaw are new, such as the provisions relating to coupon parking. These new provisions were considered necessary to address the perceived problems. These provisions are specifically identified in section 3.2 below.

3.2 Explanation of the proposed Bylaw

This section gives an overview of the rationale for, and the content of, the proposed Bylaw.

Proposed clause 1 – Interpretation

This clause is proposed so that the meaning of terms used in the bylaw is clear. It also avoids any potential confusion about the meaning of terms that are also used in the Land Transport rules.

One of the key definitions is the definition of “metered parking area”. This definition is intended to allow the Council to specify or allow payment for parking by a variety of methods, so that the bylaw will remain relevant as parking technology changes.

Proposed clause 2 – General

This clause is proposed to outline the matters Council can address using the provisions outlined in the proposed bylaw.

Proposed clause 3 – Time restricted parking

This clause is proposed to enable Council to create time restricted parking which may also be subject to conditions imposed by Council.

Proposed clause 4 – Coupon or metered parking areas

This clause is proposed to allow the Council to specify certain areas as coupon parking areas or metered parking areas, as well as the days and times for which fees apply to the areas, and the length of time for which a vehicle can be parked in the area without paying any fee (if any).

A safeguard has been included in the form of a requirement that appropriate road markings and signs must be in place in the areas before the parking restrictions can come into effect. The Council is obliged to put up appropriate signs and road markings by the Land Transport Rule: Traffic Control Devices 2004.

Proposed clause 5 – Residents’ parking

The Council considers that it is appropriate to continue to allow for a residents’ parking scheme in the bylaw, which may be invoked by a decision of the Council. This provision of the Bylaw is designed to address the increasing problem that residents in some areas have in finding a parking space near their place of residence. This is especially important for residents who have no off-street parking.

The Bylaw allows residents to apply to the Council for a resident’s parking permit, which allows the person to park in a resident’s parking area near their place of residence. Only residents that meet the requirements of the bylaw will be able to park in residents’ parking areas. The Council may impose conditions on permits as it considers appropriate.

Proposed clause 6 – Reserved parking and no stopping areas

This clause is proposed to ensure that a person can only park in reserved parking and no stopping areas if he or she validly displays a parking permit issued by the Council. It is also designed to allow Council enforcement staff to easily identify whether somebody is parking in accordance with the Bylaw, by requiring that permits be displayed prominently.

Proposed clause 7 – Time restricted parking

This clause is proposed to make it clear that no one can use a vehicle in a manner that is contrary to any Council time restricted parking prohibition, limitation or restriction.

Proposed clause 8 – Restriction on parking in coupon parking areas

This clause is proposed to complement the Council’s power in clause 4 to specify metered parking areas, by providing that a person who parks a vehicle in a metered parking area can only do so if they validly display a parking coupon or a coupon exemption permit. This clause also outlines the conditions associated with the proper use of a parking coupon or a coupon exemption permit.

Proposed clause 9 – Restrictions on parking in metered parking areas

This clause is proposed to complement the Council’s power under clause 4 to specify that no one can use a metered parking space on the days and during the times established by the Council without paying the prescribed fee.

Proposed clause 10 – Restrictions on parking in resident’s parking areas

This clause is proposed to complement the Council’s power under clause 5 to specify that no one can park in a residents parking space unless they have a residents’ parking permit.

Proposed clause 11 – Restrictions on parking in parking spaces

This clause is proposed to impose certain general restrictions on parking in parking areas, such as the requirement to occupy only one parking space at a time, and not to park in a parking space that is already occupied by another vehicle.

These restrictions will avoid any nuisance and potential health and safety hazards associated with inconsiderate parking, and make it easier for others to use surrounding parking spaces. This provision also clarifies the situations in which it is appropriate not to comply with these restrictions, for example, when the vehicles are both motorcycles, they may both occupy the same parking space.

Proposed clause 12 – Parking on the grass

The proposed clause 12 deals with the damage done to grass by parking, and addresses the traffic and pedestrian safety hazard that can arise when cars are parked on the side of the road. Safety hazards can arise because of the obstruction to viewing traffic on the road. Hazards can also arise when people have to walk around parked vehicles and potentially step onto roads to get around vehicles parked on the curb. Having cars parked on the areas next to road also causes problems with access by Council staff or contractors who need to do maintenance work in those areas.

The issues with safety, damage and access are such that the Council has considered not allowing parking on the grass at all. However, the Council decided this would be too expansive and the clause therefore only prohibits parking on the grass if there is likely to be damage.

The Council acknowledges that in some cases, car drivers have no option but to park on the area next to a road, for example, when their places of residence have no off-street parking. In those situations, the bylaw allows drivers to safely park on the curb. Drivers will still have to comply with the general requirement to park with due consideration for other road users, and any other applicable requirements, as outlined in the Land Transport (Road User) Rule 2004.

Proposed clause 13 – Parking immobilised or unlicensed vehicles

Proposed clause 13.1 of the proposed bylaw provides that no person can stop, stand, or park a vehicle on a road for 7 or more days that cannot be driven away safely.

Proposed clause 13.2 empowers Council to seize and impound any vehicle in breach of clause 13.1. This covers situations where vehicles are simply left on the side of the road indefinitely. People will still be allowed to leave such a vehicle on the road for less than seven days.

Proposed clause 14 – Displaying vehicles for sale on road

Proposed clause 14 is proposed to deal with any safety hazard caused by more than one person stopping, standing, or parking vehicles on roads for the purposes of displaying the vehicles for sale. Refer also to section 2.6 above.

Proposed clause 15 – Skateboards

As discussed in section 2.6 above, this clause is proposed to deal with the danger and nuisance to traffic and pedestrians caused by skateboarders.

Proposed clause 16 – Placing containers on roads

Proposed clause 16 gives the Council enforcement powers in respect of the Council’s policy, Skip/Container Bins on Road Reserve (including Grass Berms). The problem that the bylaw is intended to address is the hazard created by having large containers on roads, which may inconvenience traffic and pedestrians and obstruct the view of the road.

Clause 16 provides that containers that are of, or over, certain dimensions specified in the Bylaw cannot be placed on roads without the prior written permission of the Council. Any containers which are smaller than that can be placed on roads subject to certain restrictions set out in clause 16.3. For example, one of the requirements is that the name of, and a 24-hour contact telephone number for, the owner of the container is prominently displayed on the container.

The clause generally ensures that compliance with and enforcement of the Council’s policy will be straightforward. In general, the Council intends to allow the placement of large containers on roads provided that safety issues are addressed.

Proposed clause 17 – Advertising on the road

This proposed clause 17 is designed to address the safety hazard caused by advertising signs, notices, or markers on the road.

The Council considers that this bylaw is necessary despite clause 5.5 of the Land Transport Rule: Traffic Control Devices 2004. Clause 5.5 appears designed to deal with signs or markings that have been applied or secured to the road surface, rather than signs placed on the road. The Council therefore considers that including this provision in the Bylaw is necessary to address the concerns with safety that can arise when such signs are placed on the road.

Proposed clause 18 – Window washers

This proposed clause 18 is to address concerns about safety in relation to people attempting to wash or clean the windows of vehicles stopped at intersections. The concerns about safety relate to both the disturbance of drivers while at intersections, and the safety of those washing the windows.

The clause therefore prevents any person from washing windows, or attempting to wash windows, of vehicles stopped at intersections.

Proposed clause 19 - Beaches

This proposed clause 19 is to stop motor vehicles using the beach unless they have the prior consent of the Council or are using a designated boat launching area to launch or land a boat.

Council considers beaches within the city as places motor vehicles generally should not use. Beaches are places used primarily for recreational purposes, not to park or drive motor vehicles.

Proposed clause 20 – Road Upgrade and/or maintenance work

This proposed clause 20 is to make it clear what notification process Council will follow when undertaking road works that will require the section of road affected to be clear of vehicles.

The aim is to provide residents affected with adequate notice no later than 48 hours before work commences.

Proposed clause 21 – Vehicle and container removal

This proposed clause 21 is to enable Council to remove any vehicle or thing in breach of this bylaw. It can also be used after giving notice under clause 20.

Proposed clause 22 - Defences

This clause has been proposed in recognition of the fact that it is not always appropriate that people be found liable under the Bylaw.

Any person prosecuted for an offence under the Bylaw has a defence if the act complained of was done in accordance with the instructions of an enforcement officer. An enforcement officer for the purposes of the bylaw may be either a sworn member of the New Zealand Police, or a person appointed as a parking warden by the Council.

In addition, the Council recognises that minor infringements of the traffic bylaw may occur in the course of trade but without causing any of the perceived problems, so a defence has been included in respect of the restrictions on coupon and metered parking for persons acting in the course of trade. However, the defence only applies if the vehicle is being used with due consideration for the safety and convenience of traffic and pedestrians.

Proposed clause 23 – Exemptions to this bylaw

The Council considers it appropriate that those who are acting in accordance with a valid traffic management plan approved by the Council should be exempt from the bylaw. This will apply to people who are carrying out road works on behalf of the Council, amongst others.

Proposed clause 24 – Fees and offences

The proposed clause 24 is to make it clear that Council may by resolution prescribe, abolish or amend fees made under this bylaw. To also make it clear that any person commits an offence against this bylaw who fails to comply with its requirements.

Council may also seek to recover from any person who breaches this bylaw.

This clause also enables Council by resolution to prescribe, abolish or amend infringement fines for breaches of this bylaw or any resolution made under it.

Proposed clause 25 – Restrictions by resolution

The proposed clause 25 is to make it clear that if an enactment or Land Transport Rule applies a Council resolution is not required.

4. process for the development of the proposed bylaw

The special consultative procedure will end at 5.00pm on Monday 26 September 2017.

Hearings and meetings on the proposed bylaw will be open to the public, and people may speak to their submissions at the relevant committee meeting.

An analysis of all submissions will be presented to the relevant council committee for consideration. The proposed bylaw will then be referred to the Council for consideration and adoption.

90 31 July 2017

Policy and Regulatory

05 April 2017

File: (17/610)

Report no: PRC2017/2/115

Naming Policy 2017-2020

Purpose of Report

1. The purpose of this report is to seek the Committee’s approval of the draft Naming Policy 2017-2020 and to consult further on the revised Naming Policy for Hutt City Council.

Recommendations

It is recommended that the Committee recommends that Council:

(i) approves the draft Naming Policy 2017-2020 attached as Appendix 1 to the report;

(ii) directs officers to consult further on the revised Naming Policy 2017-2020;

(iii) notes that the Terms of Reference for Community Boards will need to be changed to reflect the changes to the Naming Policy; and

(iv) approves the changes to the Terms of Reference for Community Boards as underlined in Appendix 2 to the report.

Background

2. The Naming Policy was first introduced in 2014 and the intention was to review it at the end of 12 months. Circumstances have delayed this review until now.

Discussion

3. Since the introduction of the Naming Policy 2014-2015 the process has been generally uncontroversial with perhaps two exceptions – the naming of Walter Nash Centre and the Pukeatua bridge in Wainuiomata.

4. The lessons drawn from these experiences have been taken into account during the development of the revised policy.

5. The two key issues have been identified:

a. when or if it is appropriate to give Māori names precedence in the naming process when considering sites of cultural significance to Māori; and

b. decisions related to when the community and Community Boards should be engaged in and/or lead the naming process.

6. It is also important to ensure that local traditional and/or historical approaches to the naming of streets and other areas of the community continue to be recognised and, where previously agreed lists of names exist that these are used. Council has a list of names and these are attached as Appendix 3.

7. Boards, Panels and Resident’s Associations will be asked whether they have a list of name preferences they would like added to the to this list to ensure that Council has an up to date list to refer to when making naming decisions.

8. Council will also work with the NZ Poppy Places Trust as part of the Places of Remembrance Project. This project is about identifying and recording our many street names and places that are directly related to people and events from our overseas military and using the poppy flower head to permanently mark these places.

Māori involvement

9. Council has several Memoranda of Understanding with mana whenua, their representatives or administrative bodies and other iwi such as Ngati Toa. These memoranda contain guidance for managing the relationship between Council and Māori and this guidance is based on the principles embodied in the Treaty of Waitangi.

In practical terms this means:

a. Partnership - acting reasonably, honourably and in good faith to ensure the strategic relationship has integrity and respect, in the present and for the future of the city

b. Participation - recognising that both parties can contribute, for mutual benefit, in deciding the future of the city – working towards and achieving the parties’ visions; and

c. Protection - actively protecting the taonga of Te Atiawa and Ngati Toa and safeguarding cultural concepts, values and practices to be celebrated and enjoyed for all the city’s residents.

10. The memoranda also provide specifically for engagement between the parties and Hutt City Council on:

a. Council planning and policy processes – The parties will have input into the various planning processes of Council, in particular the Annual Plan and Long Term Plan. The parties will make significant contributions to reviewing the District Plan of Council. This will include commentary on all matters relating to mana whenua representation, sites of significance and rules, protocols, objectives and measures that are required.

b. Resource Management Act 1991 and other legislation – The parties together with Council will work to achieve the purpose of legislation in relation to local government decision-making. Council will ensure matters are presented to the parties in a timely and informative manner, which in turn will assist the parties in the exercise of their Kaitiakitanga for the city.

c. Culture and heritage – Council will ensure ceremonial, interpretation and naming opportunities are presented to the parties so as to retain and protect Māori culture and heritage throughout the city, as deemed by the Trust to be of significance.

11. The memoranda recognise that while Council will take special care in its relationship with mana whenua, it must also reach out to the wider Māori community and provide opportunities for Māori to contribute to Council’s decision-making. The key to this is to foster and maintain strong relationships with Māori organisations within the city. .

12. While feedback has been asked for from mana whenua, via Waiwhetu Marae Trust and Port Nicholson Block Settlement Trust (PNBST) regarding the revision of the Naming Policy none has been received. This is because organisational changes at PNBST. Officers believe that further work with mana whenua and other Māori organisations needs to take place before the policy is finalised.

13. This work will cover not only when it would be appropriate for Māori to be involved in the naming of an area, building, road/street, bridge and so on but also a process that can be followed which will ensure that agreement is reached between Council and mana whenua prior to any formal naming decision being made. The process will reflect the existing Memoranda of Understanding which will help to ensure that decisions are not made that conflict with these agreements.

14. Care needs to be taken to ensure that mana whenua and other Māori understand that their advice is not binding on Council but will be taken into consideration as part of the wider community engagement process.

Community involvement

15. Difficulties can arise when there is a difference of view between officers and the community regarding the significance of something. The naming of the Pukeatua Bridge provides a good example of a groundswell of community support for the naming of a structure. As officers did not support the naming of the bridge (their view was that it was not significant enough to be named) the Community Board took responsibility for leading the process as their community wanted to name the structure.

16. The Community Board engaged with Waiwhteu Marae (they have a Naming Committee) and discussed possible names with them. They clarified with the marae that they were seeking advice and that would not be binding (that the name suggested by the marae would not be binding) as it was part of a larger community engagement process.

17. The Board also publicly asked for name suggestions and held a separate Board meeting to focus on the question of naming the bridge outside the Board’s normal formal meetings.

18. Lessons from this experience are that:

a. the community view of “significance” is important – if the community think an area is significant and want it named then there appears to be no reason why this should not occur;

b. care needs to be taken when considering whether or not to use the name of a person particularly in relation to interaction with the person themselves or the persons family – umbrage can be taken if a particular name is not finally selected but public discussion referring to that person by name has taken place. The privacy of a natural person is important and should be respected and protected by those undertaking the naming process; and

c. the process for this should be led by a local community group that is either established specifically to manage the community engagement, with officer support where necessary, or already exists e.g. a Community Board or Community Panel – this helps to ensure community ownership of the process.

19. Other issues that arose were:

a. the naming of an area, building, road/street, bridge and so on with names of people who are still living; and

b. the implementation and signage requirements being delivered in a timely way.

20. Naming things after people who are still living is generally regarded by people including Māori as being something that should not happen. There are several reasons, however, most commonly naming things after people who have passed away means:

a. These individuals will do nothing to bring Council into disrepute in the future;

b. We can be reasonably sure that their accomplishments are truly significant and praiseworthy; and

c. Any controversy will be somewhat muted (but not necessarily eliminated) by the reluctance to appear churlish towards a recently deceased individual.

21. It is essential that once a decision has been made to name something that this decision is implemented as soon as possible and the appropriate signage put in place. Each decision on the naming of a thing or place should explicitly require a decision on implementation and signage.

Options

22. The Committee can approve the draft Naming Policy 2017-2020 for further consultation and ask officers to undertake more work with mana whenua and other Maori organisations to develop an agreed process for Māori involvement in the naming of things and areas of the city. This process should reflect Council’s existing relationship agreements with Māori. Officers will also discuss the policy with Community Boards.

23. Alternatively, the Committee can direct officers to complete further work on the draft Naming Policy before undertaking engagement with mana whenua, other Maori organisations and Community Boards.

Consultation

24. Officers spoke with a member of the Wainuiomata Community Board to gain an understanding of the process used when naming the Pukeatua Bridge.

Legal Considerations

25. Council has existing Memoranda of Understanding with mana whenua and other Māori organisations in the City.

Financial Considerations

26. All decisions to name an area or thing will require explicit consideration of the costs of implementing the decision and the associated signage.

Other Considerations

27. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it enables the community to be involved in the naming of significant areas or things within the city. It does this in a way that is cost-effective because it requires explicit consideration of the costs of implementing the decision to name an area/thing as part of the decision making process.

Appendices

No.	Title	Page
1 ⇩	Naming Policy 2017 - 30 June 2022	97
2 ⇩	Community Boards Functions and Delegations for Naming Policy 2017	108
3 ⇩	Possible Street Names List	111

Author: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

111 31 July 2017

Policy and Regulatory

29 May 2017

File: (17/855)

Report no: PRC2017/3/176

Review of Parks and Reserves Bylaw 2007

Purpose of Report

1. To report to the Council the background information associated with the s159 of the Local Government Act 2002 review of the Parks and Reserves Bylaw 2007.

2. To recommend that Council agree to consult, using the special consultative procedure, in accordance with sections 156 of the Local Government Act 2002, on the Summary of Information, Statement of Proposal and proposed amended bylaw. These are respectively attached to the report as Appendix 1, Appendix 2 and Appendix 3.

Recommendations

It is recommended that the Committee recommends that Council:

(i) notes that section 159 of the Local Government Act 2002 (LGA 2002) requires Council to review its bylaws no later than 10 years after they were last reviewed;

(ii) notes that the Parks and Reserves Bylaw 2007 has been reviewed in accordance with section the LGA 2002;

(iii) notes the outcome of the s155 review of the Parks and Reserves Bylaw is to propose amendments to the bylaw, as more particularly detailed in the statement of proposal (a draft of which is attached as Appendix 2 to the report);

(iv) agrees to consult on the summary of information, statement of proposal, proposed amended bylaw (a draft of which is attached as Appendix 2 to the report) in accordance with the requirements of the LGA 2002 by means of a special consultative procedure;

(v) agrees to establish a subcommittee to:

(a) hear submissions on the proposed amendments to the Parks and Reserves Bylaw;

(b) recommend the appropriate action to Council for consideration and approval; and

Background

3. The Council needs to review all its existing bylaws within 10 years of the previous review in accordance with the provisions of section 159 of the LGA 2002. The Parks and Reserves Bylaw 2007 is now due for review.

4. The Parks and Reserves Bylaw regulates a wide range of activities undertaken in reserves in Lower Hutt. The subject matter of the bylaw is wide - which reflects the many and varied situations concerning the use and range of activities managed by Council involving public land. A wide range of activities occurs in parks and reserves without causing any problems. Occasionally, however, some activities create problems which are required to be addressed by the Council. These activities may cause:

· health or safety hazards - for example, materials left in a park or reserve could cause danger to passers-by;

· damage to property or the environment - for example, wilful damage to plants and buildings located within a park or reserve;

· unreasonable obstruction to others using a park or reserve - for example, people who lay out goods for sale within a park or reserve without permission;

· unreasonable barriers to others using a park or reserve - for example, someone staying in a caravan in a park or reserve for a long period of time; or

· disruptive or offensive behaviour - for example, undertaking a course of action that other users of a park or reserve would find disruptive or offensive.

Discussion

Legislative requirements and issues considered

5. Under the LGA 2002, Council may make bylaws for its district for the purposes of:

· Protecting the public from nuisance;

· Protecting, promoting and maintaining public health and safety; and

· Minimising the potential for offensive behaviour in public places.

6. Of particular relevance to this bylaw, section 146(b) (vi) LGA 2002 also enables the Council to make bylaws for the purpose of managing, regulating against or protecting from, damage, misuse, or loss, or preventing the use of the land, structures, or infrastructure associated with reserves, recreational grounds, or other land under the control of the Council.

7. When undertaking a bylaw review process, s155 of the LGA 2002 requires a local authority to determine whether a proposed bylaw is the most appropriate way of addressing the perceived problem. If it is determined that a bylaw is the most appropriate way to address a perceived problem, then the local authority must:

· determine whether the proposed bylaw is the most appropriate form of bylaw; and

· determine whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990.

Most appropriate way of addressing the problem

8. Consideration has been given to a range of options (non-regulatory and other regulatory options) for addressing the perceived problems that the proposed Parks and Reserves Bylaw 2017 is intended to address.

9. Experience to date shows that adopting a series of non-regulatory initiatives does not by themselves adequately address problems like those noted above. Educative measures may not reach everyone, nor may they provide an effective deterrent to everyone. As these activities have an effect on the general public, property and the environment, it is necessary for Council to have a greater ability to enforce its policies and practices. The proposed bylaw only applies in circumstances where the Council considers the non-regulatory options will not be effective.

10. After assessing all the options, it is considered that the proposed parks and reserves bylaw is necessary to protect the public from nuisance; to protect, maintain and promote public health and safety; to minimise the potential for offensive behaviour and to regulate the use of reserves for the enjoyment of all.

Day to day management

12. A less formal process is proposed to continue around the day to day management of parks and reserves, in keeping with current management practice. It is proposed that a person does not have to apply in writing for Council consent to use a reserve, unless specifically required to do so under the proposed bylaw. Council staff or Council’s parks contractor currently process general requests (often received via email or telephone call) using the current booking system and/or responding in writing, outlining any conditions that must be met.

Boy racers

13. There were some Council parks and reserves where the ability to regulate boy racers and burnouts on beaches, firebreaks, sports turf and reserves other than defined roads and parking areas needed to be addressed. Council’s legal adviser concluded that a specific clause in the bylaw covering racing or burnouts is not needed because it is already covered by the Boy Racer legislation (Section 22A Land Transport Act 1998), which is enforced by the police. Also, if boy racers are conducting races or burnouts in reserves other than on roads or in parking areas, the Council can seek to remove them under clause 7.1(a) of the proposed Parks and Reserves Bylaw. Council’s legal adviser also concluded during the review of the Traffic Bylaw 2007 that the current clause to stop motor vehicles using a beach, unless prior written consent of the Council has been obtained, should be retained in the proposed Traffic Bylaw 2017.

Freedom Camping

Legal provisions of Freedom Camping Act 2011.

14. The Freedom Camping Act 2011 regulates freedom camping on land controlled or managed by local authorities. However the Act does not allow for freedom camping to be prohibited on all land controlled or managed by a local authority. This Act does not regulate freedom camping on private land. Freedom camping is permitted in any local authority area unless it is restricted or prohibited in an area in accordance with a bylaw or under any other enactment.

15. Section 11(2) of the Act enables Council to make a bylaw that defines where freedom camping is restricted and the restrictions that apply to freedom camping in those areas and defining those areas where freedom camping is prohibited.

16. Council can only make such a bylaw if it is satisfied the bylaw is necessary for one or more of the following purposes:

(i) To protect the area;

(ii) To protect the health and safety of people who may visit the area;

(iii) To protect access to the area; and

(iv) The bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and

(v) The bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

Freedom Camping in Lower Hutt

17. Officers do not think there is generally a problem with freedom camping in Lower Hutt. There was a problem with Honiana Te Puni Reserve over one Christmas period when the Campermate App stated that this was a legitimate site. That problem was resolved once officers requested the App managers to delete that information.

18. Most freedom campers come off the Interislander ferry and are looking for a place to stay for one night, before moving on. Or they want to stay the night before catching the early ferry. Freedom camping issues don’t occur around certain events but appear to be seasonal in nature - not an ongoing issue.

19. When staff have received complaints about freedom camping, they have made contact with the people concerned and advised them they cannot stay at that location and asked to move on – which has occurred with no problems to date. Staff encourage freedom campers to stay at the Top 10 Holiday Park at Hutt Park.

20. Freedom camping has not generated any demands in excess of our infrastructure capacity (specifically access to toilet and water and where to park) other than freedom campers taking up space that visitors/users would use and from time to time additional litter.

Conclusion

21. To date Section 44 of the Reserves Act, has been relied on regarding unauthorised use of reserves, which expressly forbids camping in any form unless specifically permitted , such as at Hutt Park with the Holiday Park. Below is the relevant portion of Section 44.

“Except with the consent of the Minister, no person shall use a reserve, or any building, vehicle, boat, caravan, tent, or structure situate thereon, for purposes of permanent or temporary personal accommodation…”

22. The Freedom Camping Act has not been used as staff are of the view that the activity is not creating a perceived problem and best controlled by campers using recognised camping facilities. Staff move people on from reserves as and when required.

23. The Act would require Council to define where freedom camping is not permitted. The Act doesn’t allow Council to create a blanket ban on freedom campers within Lower Hutt. It would be preferable to not use the Act as Council would then end up having to state what is and isn’t permitted locations. The current management processes are working well, deal with any current problems adequately, so there is no need to create a Bylaw as per the Act. However if the situation changes this matter can be reviewed.

Drones in reserve areas

24. The question has been raised as part of the review whether or not to include in the bylaw, controls or restrictions on the use of drones in reserves areas. Council’s legal advisor notes the matter has already been addressed. The Council has adopted a policy that requires anyone who wishes to operate a drone over Council land must first obtain Council consent. The policy is based on Civil Aviation Rules governing the use of drones.

Implications under the NZ Bill of Rights Act 1990 (NZBORA)

25. A number of provisions under the proposed Parks and Reserves Bylaw 2017 have implications under the NZBORA, e.g. provisions which limit:

a. the right of freedom of expression – e.g. no person may erect, construct, make or place any sign, notice, label, inscription, billboard or placard in a reserve without the prior written consent of the Council;

b. prescribing the language people use – e.g. no person shall intentionally use foul, abusive, indecent, or obscene language towards another person in a threatening manner;

26. These provisions have the potential to conflict with the rights and freedoms contained in the NZBORA e.g. freedom of expression.

27. After review, it is considered that these provisions are reasonable and justifiable in light of the NZBORA. Additionally, enquiries have indicated that these provisions are rarely invoked. The consequences of some of these activities are also dealt with in other legislation.

Conclusion

29. The s155 review concluded that there is a need to establish a new Parks and Reserves Bylaw. Many provisions of the 2007 Parks and Reserves Bylaw remain appropriate, however amendments are required in order to meet the s155 requirements of appropriateness and compliance with the NZBORA.

30. Details about the proposed amendments are contained in the statement of proposal attached as Appendix 2 to the report.

Options

31. The Council could agree to review the Parks and Reserves Bylaw 2017 by undertaking the special consultative procedure using the documentation attached to this report. OR

32. Council could decide to not undertake this review and the current Bylaw will lapse in July 2019.

33. It is recommended the Council proceed with the review of the Parks and Reserves Bylaw.

Consultation

35. If the Council agrees to this proposal, the special consultation process required to make the proposed Parks and Reserves Bylaw 2017 will be undertaken. A copy of the proposal will be sent to major sporting codes seeking their input.

36. Council staff responsible for the day to day management of the Parks and Reserves Bylaw were consulted, to establish if any current provisions were no longer required or needed amendment.

Legal Considerations

37. After undertaking a section 155 review, a local authority is required to make or amend bylaws using the special consultative procedure process.

a. In accordance with the requirements of the LGA 2002, the statement of proposal must comprise:

i. A draft of the proposed bylaws;

ii. Reasons for the proposal; and

iii. A report of the local authority’s consideration under section 155 of the problem being addressed in the proposal or review carried out under s159.

b. If this bylaw is not confirmed, or amended, or revoked (using the special consultative procedure), then the LGA 2002 provides that it will expire 2 years after the date on which that bylaw was required to be reviewed (s160 of the LGA 2002).

c. The proposed Parks and Reserves Bylaw 2017 will be advertised in accordance with the special consultative procedure. A copy of the proposal will be sent to major sporting codes seeking their input.[

d. Once the bylaw has been created, Council must give public notice of the bylaw, including the date upon which the bylaw will become effective.

e. The new bylaw, once created, will be placed on the Council’s website for public viewing.

Financial Considerations

38. There are no other financial considerations.

Other Considerations

39. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it describes how it meets the current/future needs of the community.

Appendices

No.	Title	Page
1 ⇩	Summary of Proposal – Parks and Reserves Bylaw 2017	121
2 ⇩	Statement of Proposal - Parks and Reserves Bylaw 2017	123
3 ⇩	Draft Parks and Reserves Bylaw August 2017 (No Commentary)	135

Author: Graham Sewell

Principal Policy Advisor

Reviewed By: Bruce Hodgins

Divisional Manager, Parks and Gardens

Reviewed By: Bradley Cato

Solicitor

Reviewed By: Wendy Moore

Divisional Manager, Strategy and Planning

Approved By: Kim Kelly

General Manager, Strategic Services

Attachment 2

Statement of Proposal - Parks and Reserves Bylaw 2017

CONTENTS

1. INTRODUCTION 1

2. background 1

2.1 The perceived problem 1

2.2 Most appropriate way to address perceived problem 2

2.3 Most appropriate form of bylaw 4

2.4 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 4

3. the proposed bylaw 5

3.1 Additions, modifications and deletions made in respect of existing bylaw 5

3.2 Explanation of the proposed Bylaw content 5

Proposed clause 1 - Interpretation 6

Proposed clause 2 – Hours of opening 6

Proposed clause 3 - Closing of reserves 6

Proposed clause 4 - Leased or licensed premises in reserves 6

Proposed clause 5 - No entry into restricted areas or places in reserves 6

Proposed clause 6 - Interference with reserves 6

Proposed clause 7 - Litter in reserves 6

Proposed clause 8 - Vehicles in reserves 6

Proposed clause 9 - Animals in reserves (other than dogs and horses) 7

Proposed clause 10 - Dogs on reserves 7

Proposed clause 11 - Horses in reserves 7

Proposed clause 12 - Camping in a reserve 7

Proposed clause 13 - Fires in reserves 7

Proposed clause 14 - Obstructing another person's enjoyment of a reserve 7

Proposed clause 15 - Safety in reserves 7

Proposed clause 16 - Buying, selling or advertising in reserves 7

Proposed clause 17 - Dangerous weapons in reserves 8

Proposed clause 18 - Organised sports and games in reserves 8

Proposed clause 19 - Organised events in reserves 8

Proposed clause 20 - Offences 8

Proposed clause 21 - Exemptions 8

4. process for the development of the proposed bylaw 9

1. INTRODUCTION

Hutt City Council proposes to replace the existing Hutt City Council Bylaw 2007: Parks and Reserves (“the 2007 Bylaw“) with a new bylaw relating to parks and reserves (“the proposed Bylaw”).

This Statement of Proposal has been prepared in accordance with section 83 of the Local Government Act 2002 (“LGA”). It includes information about the review process and whether it is appropriate for the Council to have a bylaw relating to parks and reserves.

2. background

The Council is required to review its Bylaw relating to parks and reserves before 3 July 2017, under section 159 of the LGA. If the review is not undertaken within 2 years of this date the bylaw lapses. Under sections 159 and 155, the review of a bylaw must take the form of a reconsideration of the matters that the Council is normally required to consider before making a bylaw.

The Council must therefore determine whether a bylaw is the most appropriate way of addressing the perceived problem. If so, the Council must determine whether the proposed Bylaw is the most appropriate form of bylaw, and whether the proposed Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”). No bylaw can be inconsistent with the NZBORA. In reviewing a bylaw, the Council must use the special consultative procedure set out in section 156.

Under section 145, the Council may make bylaws for its district with the purposes of:

(a) protecting the public from nuisance;

(b) protecting, promoting, and maintaining public health and safety;

The Council can also make bylaws for specific purposes as listed in section 146 of the LGA, for example, for the purpose of managing, regulating, or for preventing the use of land, structures, or infrastructure associated with reserves, recreation grounds, or other land under the control of the Council (section 146(b)(vi)).

The 2007 Bylaw can be viewed by visiting the Council’s website: www.huttcity.govt.nz

2.1 The perceived problem

A wide range of activities occurs in parks and reserves without causing any problems. Occasionally, however, some activities create problems which are required to be addressed by the Council. These activities may cause:

· health or safety hazards - for example, materials left in a park or reserve could cause danger to passers-by;

· damage to property or the environment - for example, wilful damage to plants and buildings located within a park or reserve;

· unreasonable obstruction to others using a park or reserve - for example, people who lay out goods for sale within a park or reserve without permission;

· unreasonable barriers to others using a park or reserve - for example, someone staying in a caravan in a park or reserve for a long period of time; or

· disruptive or offensive behaviour - for example, undertaking a course of action that other users of a park or reserve would find disruptive or offensive.

The perceived problem means that a bylaw about parks and reserves is consistent with the provisions in the LGA relating to the Council’s bylaw-making powers. The Council considers that it is still necessary to have a bylaw relating to parks and reserves for the purposes of:

· protecting the public from nuisance (section 145(a));

· protecting, promoting and maintaining public health and safety (section 145(b));

· minimising the potential for offensive behaviour in public places (section 145(c));

· regulating trading in public places (section 146(a)(vi));

· managing, regulating against or protecting from, damage, misuse, or loss, or preventing the use of the land, structures, or infrastructure associated with reserves, recreation grounds, or other land under the control of the territorial authority (section 146(b)(vi)).

Hutt City Council has a commitment to achieving city wide outcomes identified by the community. Community Outcomes are set out on page 7 of the Hutt City Council’s Long Term Plan 2015 – 2025. The Parks and Reserves activity contributes to our community outcomes of healthy people, a healthy environment, actively engaged in community activities and a healthy and attractive built environment.

It should also be noted that since 2012, Council has also published a series of major strategic documents. Council’s vision for Lower Hutt is ‘An Integrated Vision for Hutt City – making our city a great place to live work and play.’ This vision and four supporting strategies now provide the basis for the city’s Long Term Plan. The Leisure and Wellbeing Strategy is one of the supporting strategies which include details on how Parks and Gardens contribute to the strategic framework.

In order to help achieve the Council vision for Lower Hutt, Council considers it necessary to have in place measures to regulate behaviour or activities that can cause a nuisance to the public, or raise concerns about safety in parks and reserves.

The Council therefore proposes to make the proposed Bylaw to regulate a range of activities undertaken in parks and reserves. The proposed Bylaw is generally intended to ensure adequate controls and monitoring is retained to meet public expectations of the Council’s maintenance of safe and enjoyable parks and reserves in Lower Hutt.

2.2 Most appropriate way to address perceived problem

Consideration has been given to a range of options for addressing the problems identified above.

Non-regulatory options

A wide range of activities occur in parks and reserves without causing concern, and most people voluntarily comply with the Council’s policies and practices. Education is used to inform members of the public about policies and practices, which encourages voluntary compliance.

However, there are some instances where voluntary compliance and education cannot be relied on to address the perceived problem. Educative measures may not reach everyone, nor may they provide an effective deterrent to everyone. In these circumstances, the activities have an effect on the general public, property, and the environment which means it is necessary for the Council to have a greater ability to enforce its policies and practices. The proposed Bylaw only applies in circumstances where the Council considers that non-regulatory options will not be effective.

Lower Hutt District Plan

The proposed Bylaw is consistent with, and complimentary to, the provisions of the Lower Hutt District Plan. The proposed Bylaw provides a mechanism that allows the Council to:

· address matters relating to, but not explicitly provided for, in the Lower Hutt District Plan; and

· adopt an alternative and more practicable enforcement option than provided for under the Resource Management Act 1991 (RMA).

Other regulatory options

In reviewing the 2007 Bylaw, the Council concluded that many of the provisions of that Bylaw address matters that are either already covered by, or are related to matters covered by, existing legislation:

· a number of the provisions in the 2007 Bylaw have some crossover with offence provisions in the LGA. However, as these offences do not cover all of the matters and situations dealt with in the Bylaw, the Council considers that it would be appropriate to retain the Bylaw in order to address the perceived problem. Some amendments have been proposed to refine the scope of the Bylaw in light of the offence provisions;

· a number of the provisions in the 2007 Bylaw are not necessary because they are covered by other legislation, for example, the LGA. In addition, some are not necessary because they can be dealt with by including them as terms or conditions in Council consents or permissions, or in contracts entered into by the Council. These provisions are proposed to be deleted.

The Council considers that while most of the provisions in the Bylaw have the potential to be covered by common law remedies, such as the tort of public nuisance and the tort of negligence, it is preferable for the Council to retain provisions in the Bylaw for these matters. There are difficulties with seeking a remedy in tort. First, an action for public nuisance can result in compensation for property damage only, and will therefore have a limited deterrent effect when compared with the fines that may be proposed for breach of a bylaw. Second, it is procedurally more complicated for the Council to bring proceedings in tort than to bring proceedings for breach of a bylaw.

Summary

Although other regulatory and non-regulatory measures may assist in managing the perceived problem, the Council does not consider that these other measures are able to address the perceived problem to the extent necessary. In addition, other measures may not be appropriate in every instance.

The Council considers that the proposed Bylaw is the most appropriate way to address the perceived problem. The Council also considers that the proposed Bylaw will contribute to achieving the community outcomes identified in the Council’s Long Term Council Community Plan.

2.3 Most appropriate form of bylaw

The proposed Bylaw addresses the perceived problem by preventing a number of unwanted consequences from certain activities in parks and reserves.

The proposed Bylaw is flexible and allows changing circumstances to be recognised. In some instances, the Council must take into account several matters specified by the Bylaw in the exercise of the Council’s discretion, for example, in respect of conditions on permissions granted for certain activities.

The proposed Bylaw clearly states the Council’s position by stating whether or not an activity is permitted and which activities constitute an offence of the bylaw. The Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required. It also sets out some considerations that will be taken into account in granting permissions, but these are not stated definitively as they will need to be adapted for each particular case.

The proposed Bylaw reflects a number of the Council’s existing policies and practices, and also reflects community goals that have been identified by the Council.

The proposed Bylaw has been prepared so the style is consistent with other parts of the Hutt City Council Bylaws.

2.4 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”)

Section 155(2)(b) of the Local Government Act 2002 requires the Council to determine whether the proposed Bylaw gives rise to implications under the New Zealand Bill of Rights Act 1990.

Two of the provisions have the potential to conflict with some of the rights and freedoms contained in the Bill of Rights. These are:

· proposed clause 6 – Interference with Reserves; and

· proposed clause 13 – Obstructing another person’s enjoyment of a reserve.

Interference with Reserves

Proposed clause 6.1(f) provides that no person may erect, construct, make or place any sign, notice, label, inscription, billboard or placard in a reserve without prior written permission of Council.

This clause has the potential to infringe on the right to freedom of expression contained in section 14 of the Bill of Rights Act. Although the Bylaw makes some imposition on individual’s rights, there are good reasons to justify the Bylaw to require persons to gain prior permission. It enables Council to manage the specific requirements of the District Plan in respect of signage on reserves. Council itself is required to comply with the District Plan when considering the type and quantity of signage it places on reserves. It should also be noted that Reserve land has this special designation as it has been set aside for a specific purpose and not to be subject to excessive signage. Note, this provision does not stop signage being carried through a reserve.

The Council’s view is that in accordance with section 5 of the Bill of Rights, proposed clause 6.1(f) represents a reasonable limit on the rights to freedom of expression that can be demonstrably justified in a free and democratic society.

Obstructing another person’s enjoyment of a reserve

The proposed clause 13 provides that no person shall intentionally obstruct, disturb or interfere with a person’s enjoyment of a reserve including the use of foul, abusive, indecent, or obscene language toward another person in a threatening manner as outlined in clause 13.1(a). This has the effect of potentially prescribing the language people use in a park or reserve, however the language must be intentional and be directed toward another person in a threatening manner.

This clause has the potential to infringe on the right to freedom of expression contained in section 14 of the Bill of Rights Act. However there are good reasons to justify the Bylaw as there has been an increase in the use of foul, abusive, indecent and obscene language. The Council recognises that this type of language has become part of the repertoire in some sections of the population and on this basis Council has sought to limit it only where it is intentionally directed at another in a threatening manner. On this basis it is Council’s view that the proposed clause 13 also represents a reasonable limitation on the rights contained in the Bill of Rights.

Summary

It is the Council’s view that no provision of the bylaw proposed is inconsistent with the New Zealand Bill of Rights Act 1990.

3. the proposed bylaw

This section outlines the outcome of the review of the existing Bylaw, and provides an explanation of the proposed Bylaw.

The proposed Bylaw is based on the existing 2007 Bylaw that was adopted under the Local Government Act 1974.

3.1 Additions, modifications and deletions made in respect of existing bylaw

The 2007 Bylaw was used to create the proposed Bylaw. Most of the content of the 2007 Bylaw has been found adequate to address the aspects of the perceived problem that the Council wishes to address.

Explanation of the proposed Bylaw content

In general terms, the proposed Bylaw provides a mechanism by which the Council can prevent or manage the perceived problem associated with a range of activities that occur in parks and reserves. The following outlines the rationale for the inclusion of each of the clauses in the proposed bylaw.

Proposed clause 1 - Interpretation

This clause is proposed so that the meaning of terms used in the bylaw is clear.

Proposed clause 2 – Hours of opening

The purpose of this clause is to clarify and thus ensure that all reserves are open to the public daily and free of charge.

Proposed clause 3 – Closing of reserves

The purpose of this clause is to establish how Council may close a reserve. Clauses 3.1 and 3.2 are retained from the 2007 Bylaw. The decision to close a reserve under clause 3.1 is taken by full Council resolution, while the decision under clause 3.2 is simply by determination of the Council (i.e. subject to delegation to a Council officer) when it is necessary to close all or part of a reserve for maintenance, construction or other work.

Proposed clause 4 – Leasing or licensing premises in reserves

The purpose of this clause is to enable the Council to lease or license premises in reserves. This is to enable recreational groups or similar to erect dwellings and/or undertake recreational uses compatible with the nature of reserve land.

Proposed clause 5 – No entry into restricted areas or places in reserves

This is a clause that prohibits people from entering into enclosures or places set aside by the Council for the cultivation of plants in a reserve.

It should be noted that a sign at the entrance of a glass house or fernery specifying rules to be observed while visiting the site would enable council officers to ask any person breaching these rules to leave under the Trespass Act 1980.

Proposed clause 6 – Interference with reserves

This is a clause that specifies a wide range of activities that are not permitted on or in a reserve e.g. no person may remove, destroy, damage, deface, obstruct, disturb, or otherwise interfere with anything, in a reserve.

Refer to clause 2.4 on page 4 above for a discussion of the NZBORA implications associated with this clause.

Proposed clause 7 – Vehicles in reserves

The purpose of this clause is to prevent people driving motor vehicles on reserves. Such activities can cause damage to reserves (e.g. from burn outs or wheelies) and potentially create safety issues for other users of reserves.

Proposed clause 8 – Animals in reserves (other than dogs and horses)

The purpose of this clause is to provide Council with the power to regulate what animals (apart from horses and dogs) are taken onto a reserve. The safety and convenience of the general public within a reserve is of paramount importance.

Proposed clause 9 – Dogs on reserves

The purpose of this clause is to establish the conditions whereby a person can take a dog into a reserve i.e. in accordance with the Council’s Dog Control Bylaw.

Proposed clause 10 – Horses in reserves

The purpose of this clause is to establish the conditions whereby a person can take or ride a horse into a reserve. The safety and convenience of the general public within a reserve is of paramount importance.

Proposed clause 11 – Camping in a reserve

The purpose of this clause is to make it an offence to camp or stay in a reserve, unless it is in huts erected or at sites set aside for that purpose by the Council. Reserves are established for the benefit of all the community to use, not for people to stay and use for their own purposes.

Proposed clause 12 – Fires in reserves

The purpose of this clause is to make it an offence to light a fire (including fireworks) in a reserve, other than a gas barbecue, without the prior written permission of the Council. A fire that gets out of control due to a lack of proper management could cause major damage to a reserve and create health and safety issues.

Proposed clause 13 – Obstructing another person’s enjoyment of a reserve

The purpose of this clause is to make it an offence for a person to intentionally obstruct, disturb or interfere with another person’s enjoyment of a reserve. Reserves are established to be used by all the community. The Council therefore considers any actions that obstruct the community’s use and enjoyment of reserves should be deemed a breach of the bylaw.

Refer to clause 2.4 above for a discussion of the NZBORA implications associated with this clause.

Proposed clause 14 – Safety in reserves

The purpose of this clause is to make it an offence for a person to act in any way in a reserve that the person knows will endanger the safety of themselves or others.

Proposed clause 15 – Buying, selling or advertising in reserves

The purpose of this clause is to ensure no person will buy, sell or advertise any goods or services, or carry on a trade, in a reserve, without the prior written consent of the Council. Reserves have been established for the enjoyment and recreational needs of the community, not generally for the purposes of buying, selling or advertising goods or services.

Proposed clause 16 – Dangerous weapons in reserves

The purpose of this clause is to establish that no person can legally carry or use a dangerous weapon, other than a firearm, in a reserve without the prior written permission of the Council. There are occasions when firearms could be used in reserves e.g. for pest control, but such actions will only be undertaken in a manner to ensure the safety of the general public is not compromised.

Proposed clause 17 – Organised sports and games in reserves

The purpose of this clause is to enable the Council to set aside any reserve or part of a reserve for the purposes of playing any organised sport or game. This will ensure the best use of Hutt City reserves to cater for the wide range of recreational needs of the community. The closure power provided in clause 3 of the proposed bylaw allows the Council to close reserves or parts of reserves, including sports grounds.

Proposed clause 18 – Organised events in reserves

The purpose of this clause is to ensure no organised event held in a reserve is permitted without the prior written permission of the Council. This will ensure the Council can coordinate all activities within reserves for the benefit of all. This will also ensure the maximum use of reserves and in a way that won’t result in two events being doubled booked to use the same sports ground or section of a reserve.

Proposed clause 19 – Offences

The purpose of this clause is to empower the custodian to request a person to leave the reserve, if that person is committing a breach of this bylaw.

Section 239 of the LGA already provides that it is an offence to breach a bylaw and what the penalties a person committing an offence may be liable for. In many cases, however, it may be more appropriate to simply ask the person breaching this bylaw to leave the reserve. As such, this clause has been retained. The Council will have the ability to ask someone to leave a reserve if they breach this bylaw, and will also have recourse to the LGA.

Proposed clause 20 – Exemptions

The purpose of this clause is to establish under what circumstances this bylaw does not apply e.g. when a member of the emergency services acts in the course of their duties.

The defence provided for under section 240 of the LGA is likely to provide members of the emergency services with defences to offences under this bylaw. Nonetheless, there is value in exempting members of the emergency services from this bylaw all together, since, to be eligible for the defence under section 240, the defendant must have adequately remedied or mitigated the effects of their acts or omissions giving rise to the offence. It is inappropriate to require emergency services personnel to remedy or mitigate the effects of their actions. In effect, then, the defence in section 240 is for members of the public only and not emergency services personnel.

4. process for the development of the proposed bylaw

The special consultative procedure will end 5.00pm on Monday 25 September 2017. Hearings and meetings on the proposed bylaw will be open to the public, and people may speak to their submissions at the relevant committee meeting.

An analysis of all submissions will then be presented to the relevant council committee for consideration. The proposed bylaw will then be referred to the Council for consideration and adoption.

Attachment 3

Draft Parks and Reserves Bylaw August 2017 (No Commentary)

PROPOSED HUTT CITY COUNCIL
PARKS AND RESERVES
BYLAW 2017

August 2017

Contents

1. Interpretation. 3

2. Hours of opening. 4

3. Closing of reserves. 4

4. Leased or licensed premises in reserves. 4

5. No entry into restricted areas or places in reserves. 4

6. Interference with reserves. 5

7. Vehicles in reserves. 5

8. Animals in reserves (other than dogs and horses) 6

9. Dogs in reserves. 6

10. Horses in reserves. 6

11. Camping in a reserve. 6

12. Fires in reserves. 7

13. Obstructing another person’s enjoyment of a reserve. 7

14. Safety in reserves. 7

15. Buying, selling or advertising in reserves. 7

16. Dangerous weapons in reserves. 7

17. Organised sports and games in reserves. 8

18. Organised events in reserves. 8

19. Offences. 9

20. Exemptions. 9

Commentary. 10

1. Interpretation

“Animal” has the same meaning as in section 2 of the Reserves Act 1977.

“Bylaw” means this Parks and Reserves Bylaw.

“Council” means the Hutt City Council.

“Custodian” means a person for the time being lawfully appointed by the Council to control or supervise a reserve or any part of a reserve.

“Emergency services” has the same meaning as in section 2 of the Civil Defence Emergency Management Act 2002.

“Dangerous weapon” includes any firearm, bow and arrow, catapult or shanghai.

“Firearm” has the same meaning as in section 2 of the Arms Act 1983.

“Reserve” means any open space, plantation, park, garden or grounds set apart for public recreation or enjoyment that is under the management or control of the Council and includes all land administered by the Council under the Reserves Act 1977, but does not include any land administered by the Greater Wellington Regional Council.

“Structure” includes any building, fence, gate, seat, playground equipment, memorial, artwork, fountain, wharf, jetty, platform, goal posts, rubbish bins and rafts.

“Vehicle” means:

(a) a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and

(b) includes a hovercraft, land yacht, boat, surf ski, skateboard, in-line skates, roller skates, and the shell or hulk of a vehicle; but

(i) a perambulator or pushchair:

(ii) a shopping or sporting trundler not propelled by mechanical power:

(iii) a wheelbarrow or hand-trolley:

(v) a pedestrian-controlled lawnmower:

(vi) a pedestrian-controlled agricultural machine not propelled by mechanical power:

(vii) an article of furniture:

(viii) a wheel-chair not propelled by mechanical power.

PART 1 – Access to Reserves

2. Hours of opening

2.1 Subject to the provisions of this Bylaw and the Reserves Act 1977, all reserves will be open to the public daily and free of charge.

3. Closing of reserves

3.1 The Council may determine the times during which a reserve, or any part of a reserve, will be closed to the public.

3.2 No person, other than a Custodian, may enter or remain in a reserve, or any part of a reserve, while it is closed to the public.

4. Leased or licensed premises in reserves

4.1 The Council may lease premises in a reserve to any organisation or member of the public, or license any organisation or member of the public to use premises in a reserve, upon any conditions the Council considers appropriate.

4.2 No person may enter or use any premises in a reserve that are subject to a lease or a licence other than the Custodian or any other person in accordance with a lease or licence.

5. No entry into restricted areas or places in reserves

5.1 The Council may specify any area or place in a reserve to be a restricted area or place.

5.2 No person, other than a Custodian, may enter a restricted area or place without the prior written permission of the Council.

5.3 Any person doing an activity under clause 5.2 must comply with any conditions imposed by the Council on its written permission.

PART 2 – PROHIBITED AND RESTRICTED ACTIVITIES IN Reserves

6. Interference with reserves

6.1 No person may:

(a) remove, destroy, damage, deface, obstruct, disturb, or otherwise interfere with any thing, or any part of any thing, in or enclosing a reserve, including any:

(i) structure;

(ii) sign, notice, label, inscription, billboard, or placard;

(iii) path, track, lawn, step, gravel, sand, soil, or border;

(iv) tree, shrub, or plant of any kind, including hedges, flowers, or flowerbeds;

(v) area prepared for any sport or game;

(b) remove, destroy, injure, disturb, shoot, snare, trap, or otherwise interfere with any animal in a reserve, unless using a firearm in accordance with a permission granted under clause 16.2 of this Bylaw;

(c) plant any tree, shrub, or plant of any kind, or sow or scatter the seed of any tree, shrub, or plant of any kind, in a reserve;

(d) pollute or render unfit for any purpose any water in a reserve;

(e) swim, wade or wash in any ornamental water in a reserve;

(f) erect, construct, make, or place in a reserve, without the prior written permission of the Council, any structure, walking track, cycling track or other cycling facility, dam, tree-fort, sign, notice, label, inscription, billboard, or placard.

(g) Scatter ashes of a deceased person in any reserve.

6.2 Any person to whom the Council grants permission under clause 6.1(f) must comply with any conditions imposed by the Council on its written permission.

7. Vehicles in reserves

7.1 No person may:

(a) drive, ride or otherwise bring any vehicle into a reserve, except on any part of the reserve set aside by the Council for vehicular traffic; or

(b) park any vehicle in or adjacent to a reserve except in a place set aside by the Council for the parking of vehicles, and unless the person in control of the vehicle intends to remain in the reserve while the vehicle is parked; or

8. Animals in reserves (other than dogs and horses)

8.1 No person may take, ride or drive any animal (other than a dog or a horse) into or in a reserve, or allow any animal (other than a dog or a horse) in the person’s custody or charge or under the person’s control to be in a reserve, without the prior written permission of the Council.

8.2 Any person doing an activity under clause 8.1 must comply with any conditions imposed by the Council on its written permission.

9. Dogs in reserves

9.1 No person may take any dog into a reserve, or allow any dog in the person’s custody or charge or under the person’s control to be in a reserve, unless in accordance with the Council’s Dog Control Bylaw.

10. Horses in reserves

10.1 No person may take or ride any horse into or on a reserve, or allow any horse in the person’s custody or charge or under the person’s control to be in a reserve, unless the horse is:

(a) under the continuous control of the person or otherwise properly secured; and

(b) in a reserve, or part of a reserve, specified by the Council as an area where a person may take or ride a horse; and

(c) at a time specified by the Council as a time when a person may take or ride a horse into or in that reserve, or that part of a reserve.

10.2 The Council may specify:

(a) a reserve, or any part of a reserve, as an area where a person may take or ride a horse; and

(b) the time or times when a person may take or ride a horse into or in a reserve, or part of a reserve, specified by the Council as an area where a person may take or ride a horse.

10.3 No person shall leave in a reserve any waste produced by a horse, unless placed in a rubbish bin provided by the Council.

11. Camping in a reserve

11.1 No person may camp or stay in a reserve overnight other than in huts, or on sites, set aside by the Council for the purpose of camping or staying in a reserve overnight.

11.2 The Council may set aside huts and sites in reserves for the purpose of camping or staying in a reserve overnight.

12. Fires in reserves

12.1 No person may light any fire (including fireworks) in a reserve, other than a gas barbecue, without prior written permission from the Council.

12.2 Any person doing an activity under clause 12.1 must comply with any conditions imposed by the Council on its written permission.

13. Obstructing another person’s enjoyment of a reserve

13.1 No person shall intentionally obstruct, disturb or interfere with another person’s enjoyment of the reserve, including by:

(a) directing foul, abusive, indecent, or obscene language toward another person in a threatening manner; or

(b) being intoxicated, noisy or riotous.

14. Safety in reserves

14.1 No person may act in any way in a reserve that the person knows, or reasonably ought to have known, will endanger the safety of him or herself or any other person.

15. Buying, selling or advertising in reserves

15.1 No person may buy, sell or advertise any goods or services, or carry on a trade, in a reserve, without the prior written permission of the Council.

15.2 Any person doing an activity under clause 15.1 must comply with any conditions imposed by the Council on its written permission.

16. Dangerous weapons in reserves

16.1 No person may carry or use any dangerous weapon, other than a firearm, in a reserve.

16.2 No person may carry or use any firearm in a reserve without the prior written permission of the Council.

16.3 Any person doing an activity under clause 16.2 must comply with any conditions imposed by the Council on its written permission.

PART 3 – ORGANISED EVENTS IN RESERVES

17. Organised sports and games in reserves

17.1 No person may play any organised sport or game in any reserve, or any part of a reserve, that is not set aside for that purpose.

17.2 The Council may set aside any reserve, or any part of a reserve, for the purpose of playing any organised sport or game.

17.3 For the purposes of this clause 17, “organised sport or game” includes playing or practising golf, whether by one person or by one or more persons in a group.

18. Organised events in reserves

18.1 No person may attend or take part in any organised event held in a reserve, or in any part of a reserve, whether a one-off event or a repeatedly scheduled event, unless the event is being held with the prior written permission of the Council.

18.2 A person may apply to the Council for permission to hold an organised event in a reserve, or in any part of a reserve, using a Council approved form.

18.3 The Council may grant permission to hold an organised event on such conditions as the Council considers appropriate, and in doing so, may specify whether the person:

(a) may charge an entry fee for the event;

(b) has the exclusive use of a reserve, or any part of a reserve, for the duration of the event.

18.4 Any person to whom the Council grants permission to hold an organised event, and any person who attends or takes part in an organised event, must comply with any conditions imposed by the Council on its written permission.

18.5 A Custodian may require any person to leave a reserve, or any part of a reserve:

(a) if the person is attending or taking part in the organised event without paying the required entry fee; or

(b) if the person is not attending or taking part in the organised event, but is in part of a reserve that has been set aside for exclusive use for an organised event -

where the Council specified as part of its permission to hold an organised event that an entry fee could be charged, or that the reserve, or any part of the reserve, could be used exclusively for the organised event.

18.6 For the purposes of this clause 18, “organised event” includes an organised sport or game under clause 17.

PART 4 – OTHER MATTERS

19. Offences

19.1 Every person committing any breach of the provisions of this Bylaw must, upon request by a Custodian, immediately leave the reserve.

20. Exemptions

20.1 This Bylaw does not apply to any person who commits an act that was done:

(a) in accordance with a valid contract for services with the Council; or

(b) by a member of the emergency services in the course of carrying out his or her duties as a member of the emergency services; or

(d) in accordance with, or pursuant to, any enactment.

Attachment 2

Statement of Proposal - Cemeteries Bylaw 2017

STATEMENT OF PROPOSAL

TO MAKE THE

HUTT CITY COUNCIL BYLAW 2017

Cemeteries

AND REVOKE THE

HUTT CITY COUNCIL BYLAW 2007

Cemeteries

August 2017

CONTENTS

1. INTRODUCTION 1

2. BACKGROUND 1

2.1 The perceived problem 1

2.2 Most appropriate way to address perceived problem 2

2.3 Most appropriate form of bylaw 3

2.4 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 4

3. THE PROPOSED BYLAW 4

3.1 Additions, modifications and deletions made in respect of existing bylaw 4

3.2 Explanation of the proposed Bylaw content 5

Proposed clause 1 – Interpretation 5

Proposed clause 2 – Interments 5

Proposed clause 3 - Digging the ground in a cemetery 5

Proposed clause 4 - Backfilling plots 5

Proposed clause 5 - Interruption of interment 5

Proposed clause 6 - Disinterments 5

Proposed clause 7 - Restoration of plot and monument 5

Proposed clause 8 - Plants 5

Proposed clause 9 - Damage to cemetery 5

4. PROCESS FOR THE DEVELOPMENT OF THE PROPOSED BYLAW 6

1. INTRODUCTION

Hutt City Council proposes to replace the existing Hutt City Council Cemeteries Bylaw 2007 (“the 2007 Bylaw“) with a new Cemeteries Bylaw 2017 relating to cemeteries (“the proposed Bylaw”).

2. BACKGROUND

The Council is required to review its Bylaw relating to cemeteries before 3 July 2017, under section 159 of the LGA. If the review is not undertaken within 2 years of this date the bylaw lapses. Under sections 159 and 155, the review of a bylaw must take the form of reconsideration of the matters that the Council is normally required to consider before making a bylaw.

Under section 145, the Council may make bylaws for its district with the purposes of:

(a) protecting the public from nuisance;

(b) protecting, promoting, and maintaining public health and safety;

The Council can also make bylaws for specific purposes as listed in section 146, for example, for the purpose of managing and regulating cemeteries (section 146(b)(v)).

The 2007 Bylaw can be viewed by visiting the Council’s website:

www.huttcity.govt.nz

2.2 The perceived problem

A range of activities occur in cemeteries without causing any problems. Occasionally, however, some activities create problems which are required to be addressed by the Council. These activities may cause:

· health or safety hazards - for example, materials left in a cemetery could cause danger to passers-by;

· damage to property or the environment - for example, wilful damage to a headstone;

· unnecessary distress to mourners or relatives – for example, unclear or inconsistent rules associated with the management and operation of a cemetery; or

· disruptive or offensive behaviour - for example, wilful damage to a cemetery plot.

The perceived problem means that a bylaw about cemeteries is consistent with the provisions in the LGA relating to the Council’s bylaw-making powers. The Council considers that it is still necessary to have a bylaw relating to cemeteries for the purposes of:

· protecting the public from nuisance (section 145(a));

· protecting, promoting and maintaining public health and safety (section 145(b));

· minimising the potential for offensive behaviour in public places (section 145(c));

· managing, regulating against or protecting from, damage, misuse, or loss, or preventing the use of the land, structures, or infrastructure associated with cemeteries(section 146(b)(v)).

Hutt City Council has a commitment to achieving city wide outcomes identified by the community. Community Outcomes are set out on page 7 of the Hutt City Council’s Long Term Plan 2015 – 2025. The Parks and Reserves activity (which includes the provision of cemeteries) contributes to our community outcomes of healthy people, a healthy environment, actively engaged in community activities and a healthy and attractive built environment.

The Council therefore proposes to make the proposed Bylaw to regulate a range of activities undertaken in cemeteries. The proposed Bylaw is generally intended to ensure adequate controls and monitoring are retained to meet public expectations of the Council’s maintenance of safe and well managed cemeteries in Lower Hutt.

2.3 Most appropriate way to address perceived problem

Consideration has been given to a range of options for addressing the problems identified above.

Non-regulatory options

A range of activities occurs in cemeteries without causing concern, and most people voluntarily comply with the Council’s policies and practices. Education is used to inform members of the public about policies and practices, which encourages voluntary compliance. Examples include signage erected at the entrance to cemeteries advising visitors of the type of behaviour expected of them.

Lower Hutt District Plan

The proposed Bylaw is consistent with, and complimentary to, the provisions of the Lower Hutt District Plan. The proposed Bylaw provides a mechanism that allows the Council to:

· address matters relating to, but not explicitly provided for, in the Lower Hutt District Plan; and

· adopt an alternative and more practicable enforcement option than provided for under the Resource Management Act 1991 (RMA).

Other regulatory options

Summary

2.4 Most appropriate form of bylaw

The proposed Bylaw addresses the perceived problem by preventing a number of unwanted consequences from certain activities in cemeteries.

The proposed Bylaw is flexible and allows changing circumstances to be recognised. In some instances, the Council must take into account several matters specified by the Bylaw in the exercise of the Council’s discretion. For example, no person may backfill ground in a plot without the written permission of the Council.

The proposed Bylaw clearly states the Council’s position by stating whether or not an activity is permitted and which activities constitute an offence of the bylaws. The Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required.

The proposed Bylaw reflects a number of the Council’s existing policies and practices, and also reflects community goals that have been identified by the Council.

The proposed Bylaw is has been prepared in the same style to be consistent with other parts of the Hutt City Council Bylaws.

2.5 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”)

Section 155(2)(b) of the LGA requires the Council to determine whether the Cemeteries Bylaw gives rise to implications under the New Zealand Bill of Rights Act 1990. It is the Council’s view that no provision of the proposed Bylaw is inconsistent with the Bill of Rights Act 1990.

3. THE PROPOSED BYLAW

This section outlines the outcome of the review of the existing Bylaw, and provides an explanation of the proposed Bylaw.

The proposed Bylaw is based on the existing 2007 Bylaw that was adopted under the Local Government Act 2002.

3.1 Additions, modifications and deletions made in respect of existing bylaw

There are no additions, modifications or deletions proposed when compared to the 2007 Bylaw. The proposed Bylaw has the same clauses as those contained in the 2007 Bylaw.

3.2 Explanation of the proposed Bylaw content

In general terms, the proposed Bylaw provides a mechanism by which the Council can prevent or manage the perceived problem associated with a range of activities that occur in cemeteries. The following outlines the rationale for the inclusion of each of the clauses in the proposed bylaw.

Proposed clause 1 - Interpretation

This clause is proposed so that the meaning of terms used in the bylaw is clear.

Proposed clause 2 - Interments

The purpose of this clause is to ensure that interments are only done in accordance with certain requirements. An interment cannot proceed without the written permission of the Sexton of the cemetery and conducted in accordance with a Plot Lease Agreement.

Proposed clause 3 – Digging the ground in a cemetery

The purpose of this clause is to clearly state that it is only the Sexton who may dig or otherwise open the ground in a cemetery. Given the nature and purpose of a cemetery it is important to control who has the authority to take this course of action.

Proposed clause 4 – Backfilling plots

The purpose of this clause is to enable a person(s) to backfill ground in a plot, provided they have the written permission of the Council.

Proposed clause 5 – Interruption of interment

The purpose of this clause is to make it clear that it is an offence for a person to obstruct, interfere with, interrupt or detract the process of interment. It is important that the process of interment proceeds without unnecessary delays.

Proposed clause 6 – Disinterments

The purpose of this clause is to ensure that no one causes or allows a disinterment to take place other than in accordance with the requirements as outlined in this clause. A disinterment cannot proceed without the written permission of the Sexton of the cemetery in which the plot is situated.

Proposed clause 7 – Restoration of plot and monument

The purpose of this clause is to ensure that the plot management and the associated general appearance of the cemetery is kept at a satisfactory standard. A person in charge of an interment or disinterment must restore the plot and any headstone to at least the same condition it was in immediately prior to the interment or disinterment.

Proposed clause 8 – Plants

The purpose of this clause is to clearly state that it is only with the Council’s written permission that a person can plant a tree, shrub, flower or other plant in a cemetery. Planting a tree for example, can create issues like damage to adjoining plots.

Proposed clause 9 – Damage to cemetery

The purpose of this clause is to clearly state that no person may cause damage to a cemetery. The reason for this is outlined in the second paragraph in clause 3.1 above.

4. PROCESS FOR THE DEVELOPMENT OF THE PROPOSED BYLAW

The special consultative procedure will end at 5.00pm on Monday 25 September 2017. Hearings and meetings on the proposed bylaw will be open to the public, and people may speak to their submissions at the relevant committee meeting.

An analysis of all submissions will then be presented to the relevant committee for consideration. The proposed bylaw will then be referred to the Council for consideration and adoption.

Deputy Mayor D Bassett	Cr L Bridson
Cr C Barry	Cr J Briggs
Cr T Lewis	Cr M Lulich
Cr C Milne	Cr L Sutton
Mayor W R Wallace (ex-officio)

Street Name	Locality	Authority	Reserved Date
Cloncurry Grv	Wainuiomata	Hutt City	06/04/99
Hastings	Wainuiomata	Hutt City	03/12/74, 15/01/86
Hoylake	Wainuiomata	Hutt City	03/12/74
Kildare Grv	Wainuiomata	Hutt City
Killarney Grv	Wainuiomata	Hutt City
Lancashire	Wainuiomata	Hutt City	03/12/74
Lismore Grv	Wainuiomata	Hutt City
Marotiri Grv	Wainuiomata	Hutt City
Morecambe	Wainuiomata	Hutt City	03/12/74
Munster Grv	Wainuiomata	Hutt City
Newfield	Wainuiomata	Hutt City	00/12/90
Penzance	Wainuiomata	Hutt City	03/12/74
Raglan	Wainuiomata	Hutt City	03/12/74
Rakino Grv	Wainuiomata	Hutt City
Remuera St	Wainuiomata	Hutt City
Ripley Grv	Wainuiomata	Hutt City
Rochdale	Wainuiomata	Hutt City	03/12/74
Ruatoki Grove	Wainuiomata	Hutt City
Solent	Wainuiomata	Hutt City	03/12/74
Staples St	Wainuiomata	Hutt City	19/04/85
Swindon	Wainuiomata	Hutt City	14/11/74
Yarmouth	Wainuiomata	Hutt City	03/12/74
Thomas Grieg Henry	Wainuiomata	Hutt City	09/01/17 DOC/17/6017
Highdale	Tirohanga	Hutt City	00/12/90
Woodhill	Tirohanga	Hutt City	0/12/90
Bob Scott	Petone	Hutt City	23/05/2014
Peel St	Petone	Hutt City	15/12/87
Ted Woolf	Petone	Hutt City	23/05/2014
Lewis St	Normandale	Hutt City
Muswell Grv	Holborn	Hutt City	28/06/79
Tottenham Grv	Holborn	Hutt City	28/06/79, 28/08/79
Arbour Grove	Avalon	Hutt City	14/07/2000
Arapaepae		Hutt City	13/12/89, 20/12/89
Arataha or Aratapu		Hutt City	13/12/89, 20/12/89
Aratapu or Arataha		Hutt City	13/12/89, 20/12/89
Finsbury		Hutt City	05/12/75, 17/07/85
Hamblin		Hutt City	14/12/89
Hiwinui Grv		Hutt City	24/06/85
Ohinewai		Hutt City	14/12/78, 05/03/79
Omahanui		Hutt City	13/12/89
Riwaka		Hutt City	12/10/77
Souness		Hutt City	23/08/78
Takaka		Hutt City	12/10/77
Tobin		Hutt City	14/12/89
Tulip		Hutt City	13/12/89, 20/12/89
Wakatipu		Hutt City	12/10/77
Whitewood Grv		Hutt City	28/05/85, 20/12/89

No.	Title	Page
1 ⇩	P&R SC - Draft Local Alcohol Policy Amendment (DALAP) recommendation	167
2 ⇩	Draft Amended Local Alcohol Policy.	183
3 ⇨	DALAP Report of the Policy and Regulatory Committee - 27 February 2017 (Under Separate Cover)