Bylaw Reviews

The Christchurch City Council, in a special meeting on 19 June 2008, unanimously adopted the following new bylaws:

• Dog Control Policy and Bylaw 2008
• Public Places Bylaw 2008
• Traffic and Parking Bylaw 2008
• Water Related Services Bylaw 2008
• Parks and Reserves Bylaw 2008
• Marine and River Facilities Bylaw 2008
• Stock Control Bylaw 2008
• General Bylaw 2008

The new bylaws and their purpose

• The new Stock Control Bylaw controls the management and movement of stock on roads, in order to protect people, traffic and stock, while safeguarding the condition of the road. 

• The new Public Places Bylaw enables the management of public places in order to balance the various different, and sometimes competing, lawful uses for which public places may be used.

• The new Marine and River Facilities Bylaw regulates and controls activities on, in and around Council-controlled marine and river facilities for the benefit and enjoyment of all users of those facilities.

• The new Parks and Reserves Bylaw regulates activities in parks and reserves in order to protect the parks and reserves and to balance different uses for the enjoyment of the public. 

• The new Water Related Services Bylaw regulates water supply, wastewater and stormwater drainage in order to manage the supply of water by Council to premises and to deal with certain land drainage issues.

• The new Dog Control Bylaw is intended to regulate and control dogs. It imposes obligations on owners to ensure that dogs do not create a nuisance, or endanger or injure people, wildlife or other animals.

• The new General Bylaw contains provisions which are common to all of the Council’s bylaws, will ensure that the Council’s bylaws are administered and enforced in an efficient, fair, transparent and consistent manner.

Several decisions on revoking bylaws or allowing them to lapse were made at recent Council meetings. These were the BPDC Public Swimming Pools Bylaw 1972; the CCC Public Swimming Pools Bylaw 1979; the BPDC Amusement Devices and Shooting Galleries Bylaw 1996; and the BPDC Nuisances Bylaw 1996. The matters covered by these bylaws are now covered by other legislation or do not need to be regulated, as they can be managed by other means.

Copies of the bylaws, as well as the Hearing Panel’s Report to Council, (and maps and tables, where appropriate) are available at all Council offices and Service Centres, and on the Council website at www.ccc.govt.nz/bylaws.

Other bylaws to be reviewed

Other bylaws will be need to be reviewed in future, including:

• Refuse
• Cemeteries
• Brothel Signage
• Liquor Control
• Speed Limits
• Trade Waste
• Licensed Waste Handling Facilities
• Fire Safety
• Cleanfill licensing

For a full list of existing Christchurch City Council and Banks Peninsula District Council, see the Bylaw Register.

Making a submission

The bylaw consultation document packages, including the proposed new bylaws, will be available at all Council Service Centres, Council libraries and on the Council’s website.

Submissions can be made either:

• through the ‘Have Your Say’ website
• via email
• or by post.

Details on the specific information for each bylaw can be found by clicking on the link for each bylaw review (above).

Purpose of bylaws

Section 145 of the Local Government Act 2002 provides general bylaw–making power for territorial authorities for the following purposes:

1. protecting the public from nuisance
2. protecting, promoting, and maintaining public health and safety
3. minimising the potential for offensive behaviour in public places.

Sections 146 and 147 provide the Council with specific bylaw–making power to regulate on–site wastewater disposal systems; waste management; trade wastes; solid wastes; keeping of animals, bees, and poultry; and trading in public places.

The Council has specific bylaw–making power to manage, protect from damage, or prevent the use of land associated with water races; water supply; wastewater, drainage, and sanitation; land drainage; cemeteries; reserves or recreation grounds; and prevention of the spread of fires involving vegetation subject to provisions of the Forest and Rural Act 1977. For liquor control purposes the Council can prohibit or regulate the consumption of liquor, bringing of liquor, or possession of liquor in a public place.

Statutory compliance and Council's commitment to Maori

Local Government Act 2002
Section 158 of the LGA 2002 requires bylaws to be reviewed within five years of 1 July 2003 if they were made prior to the Act coming into force, or if made under the LGA 2002 within five years of the date they were made. Reviews must be carried out in accordance with section 155 which requires that the Council is satisfied that a bylaw is necessary, and the perceived problems cannot be dealt with in any other manner.

New Zealand Bill of Rights Act 1990
The Council must be able to show that the bylaw provision being considered serves an important and significant objective, that there is a rational connection between the provision and objective and that it cannot be met in any other way that interferes less with the right or freedom affected. If it is determined that a bylaw is the best way of dealing with the problem it must decide that the bylaw is the most appropriate form and does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

The Code of Good Regulatory Practice
The Code requires consideration be given to:

• Efficiency – by adopting only regulations for which the costs to society are justified by the benefits;
• Effectiveness – to ensure it can be complied with and enforced at the lowest possible cost;
• Transparency – by defining the nature and extent of the problem and evaluating the need for action;
• Clarity – in making things as simple as possible, to use plain language where possible, and keeping discretion to a minimum; and
• Regulation should be fair and treat those affected equitably.

Opportunities for Maori to Contribute
Maori must be given the opportunity to contribute to the decision–making process. Local authorities must:

• Establish and maintain processes to provide the opportunity to contribute
• Consider ways to foster the development of Maori capacity to contribute
• Provide relevant information to Maori (section 81 of LGA 2002).

The emphasis here is on establishing ongoing process with the Maori, and details of how this is to be undertaken are to be included in the Long–Term Council Community Plan.