Attachments of Hutt City Council

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:

· 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.

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 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 be presented to the relevant council committee for consideration. The proposed bylaw will then be referred to the Council for consideration and adoption.

Attachment 2

Possible Street Names List

Reserved street names

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

The Places of Remembrance Project

The Places of remembrance Project is about identifying and recording many of our street names and places that are directly related to people and events from our overseas military.

Council will work with the NZ Poppy Places Trust to ensure that Council identifies these places and uses the poppy flower head to permanently mark these places.

Attachment 2

Statement of Proposal - Parks and Reserves Bylaw 2017

Statement of Proposal to make the Hutt City Council Bylaw 2017 Parks and Reserves

And revoke the Hutt City Council Bylaw 2007 Parks and Reserves

AUGUST 2017

Contents

1. Introduction. 3

2. Background. 3

2.1 The perceived problem... 3

2.2 Most appropriate way to address perceived problem... 4

2.3 Most appropriate form of bylaw.. 5

2.4 Implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”) 6

3. The Proposed Bylaw.. 7

3.1 Additions, modifications and deletions made in respect of existing bylaw.. 7

3.2 Explanation of the proposed Bylaw content 7

4. Process for the Development of the Proposed Bylaw.. 10

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;

c. minimising the potential for offensive behaviour in public places.

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 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.

3.2 Explanation of the proposed Bylaw content

In general terms, the proposed Bylaw provides a mechanism by which 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.