Agenda of Strategy and Policy Committee Meeting

	Authorising Body	Mayor/Council
	Status	Standing Committee
COUNCIL COMMITTEE	Title	Strategy and Policy Committee Terms of Reference
	Approval Date	19 December 2019
	Responsible Officer	Chief Executive

Purpose

The purpose of the Strategy and Policy Committee (the Committee) is to set direction for the district, determine specific outcomes that need to be met to deliver on that vision, and set in place the strategies, policies and work programmes to achieve those goals.

In determining and shaping the strategies, policies and work programme of the Council, the Committee takes a holistic approach to ensure there is strong alignment between the objectives and work programmes of the strategic outcomes of Council, being:

· Better data and information

· Affordable core infrastructure

· Improved Council capabilities and performance

· Address affordability

· Civic leadership and advocacy

· Empowering communities

The Committee will review the effectiveness of the following aspects:

· Trust and confidence in decision-making by keeping our communities informed and involved in decision-making;

· Operational performance including strategy and policy development, monitoring and reporting on significant projects, including, but not limited to:

o FN2100

o District wide strategies (Infrastructure/ Reserves/Climate Change/Transport)

o District Plan

o Significant projects (not infrastructure)

o Financial Strategy

o Data Governance

o Affordability

· Consultation and engagement including submissions to external bodies / organisations

To perform his or her role effectively, each Committee member must develop and maintain

his or her skills and knowledge, including an understanding of the Committee’s responsibilities, and of the Council’s business, operations and risks.

Power to Delegate

The Strategy and Policy Committee may not delegate any of its responsibilities, duties or powers.

Membership

The Council will determine the membership of the Strategy and Policy Committee.

The Strategy and Policy Committee will comprise of at least seven elected members (one of which

will be the chairperson).

Mayor Carter

Rachel Smith – Chairperson

David Clendon – Deputy Chairperson

Moko Tepania

Ann Court

Felicity Foy

Dave Collard

John Vujcich

Belinda Ward – Bay of Islands-Whangaroa Community Board

Non-appointed councillors may attend meetings with speaking rights, but not voting rights.

Quorum

The quorum at a meeting of the Strategy and Policy Committee is 5 members.

Frequency of Meetings

The Strategy and Policy Committee shall meet every 6 weeks, but may be cancelled if there is no business.

Committees Responsibilities

The Committees responsibilities are described below:

Strategy and Policy Development

· Oversee the Strategic Planning and Policy work programme

· Develop and agree strategy and policy for consultation / engagement;

· Recommend to Council strategy and policy for adoption;

· Monitor and review strategy and policy.

Service levels (non regulatory)

· Recommend service level changes and new initiatives to the Long Term and Annual Plan processes.

Policies and Bylaws

· Leading the development and review of Council's policies and district bylaws when and as directed by Council

· Recommend to Council new or amended bylaws for adoption

Consultation and Engagement

· Conduct any consultation processes required on issues before the Committee;

· Act as a community interface (with, as required, the relevant Community Board(s)) for consultation on policies and as a forum for engaging effectively;

· Receive reports from Council’s Portfolio and Working Parties and monitor engagement;

· Review as necessary and agree the model for Portfolios and Working Parties.

Strategic Relationships

· Oversee Council’s strategic relationships, including with Māori, the Crown and foreign investors, particularly China

· Oversee, develop and approve engagement opportunities triggered by the provisions of Mana Whakahono-ā-Rohe under the Resource Management Act 1991

· Recommend to Council the adoption of new Memoranda of Understanding (MOU)

· Meet annually with local MOU partners

· Quarterly reviewing operation of all Memoranda of Understanding

· Quarterly reviewing Council’s relationships with iwi, hapū, and post-settlement governance entities in the Far North District

· Monitor Sister City relationships

· Special projects (such as Te Pū o Te Wheke or water storage projects)

Submissions and Remits

· Approve submissions to, and endorse remits for, external bodies / organisations and on legislation and regulatory proposals, provided that:

o If there is insufficient time for the matter to be determined by the Committee before the submission “close date” the submission can be agreed by the relevant Portfolio Leaders, Chair of the Strategy and Policy Committee, Mayor and Chief Executive (all Councillors must be advised of the submission and provided copies if requested).

o If the submission is of a technical and operational nature, the submission can be approved by the Chief Executive (in consultation with the relevant Portfolio Leader prior to lodging the submission).

· Oversee, develop and approve any relevant remits triggered by governance or management commencing in January of each calendar year.

· Recommend to Council those remits that meet Council’s legislative, strategic and operational objectives to enable voting at the LGNZ AGM. All endorsements will take into account the views of our communities (where possible) and consider the unique attributes of the district.

Fees

· Set fees in accordance with legislative requirements unless the fees are set under a bylaw (in which case the decision is retained by Council and the committee has the power of recommendation) or set as part of the Long Term Plan or Annual Plan (in which case the decision will be considered by the Long Term Plan and Annual Plan and approved by Council).

District Plan

· Review and approve for notification a proposed District Plan, a proposed change to the District Plan, or a variation to a proposed plan or proposed plan change (excluding any plan change notified under clause 25(2)(a), First Schedule of the Resource Management Act 1991);

· Withdraw a proposed plan or plan change under clause 8D, First Schedule of the Resource Management Act 1991;

· Make the following decisions to facilitate the administration of proposed plan, plan changes, variations, designation and heritage order processes:

§ To authorise the resolution of appeals on a proposed plan, plan change or variation unless the issue is minor and approved by the Portfolio Leader District Plan and the Chair of the Regulatory committee.

§ To decide whether a decision of a Requiring Authority or Heritage Protection Authority will be appealed to the Environment Court by council and authorise the resolution of any such appeal.

§ To consider and approve council submissions on a proposed plan, plan changes, and variations.

§ To manage the private plan change process.

§ To accept, adopt or reject private plan change applications under clause 25 First Schedule Resource Management Act (RMA).

Rules and Procedures

Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.

Annual reporting

The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.

STRATEGY AND POLICY COMMITTEE - MEMBERS REGISTER OF INTERESTS

Name	Responsibility (i.e. Chairperson etc)	Declaration of Interests	Nature of Potential Interest	Member's Proposed Management Plan
Hon John Carter QSO	Board Member of the Local Government Protection Programme	Board Member of the Local Government Protection Program
Hon John Carter QSO	Carter Family Trust
Rachel Smith (Chair)	Friends of Rolands Wood Charitable Trust	Trustee
	Mid North Family Support	Trustee
	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director. Shareholder
David Clendon (Deputy Chair)	Chairperson – He Waka Eke Noa Charitable Trust	None		Declare if any issue arises
	Member of Vision Kerikeri	None		Declare if any issue arises
	Joint owner of family home in Kerikeri	Hall Road, Kerikeri
David Clendon – Partner	Resident Shareholder on Kerikeri Irrigation
David Collard	Snapper Bonanza 2011 Limited	45% Shareholder and Director
David Collard	Trustee of Te Ahu Charitable Trust	Council delegate to this board
Deputy Mayor Ann Court	Waipapa Business Association	Member		Case by case
	Warren Pattinson Limited	Shareholder	Building company. FNDC is a regulator and enforcer	Case by case
	Kerikeri Irrigation	Supplies my water		No
	District Licensing	N/A	N/A	N/A
	Ann Court Trust	Private	Private	N/A
	Waipapa Rotary	Honorary member	Potential community funding submitter	Declare interest and abstain from voting.
	Properties on Onekura Road, Waipapa	Owner Shareholder	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Property on Daroux Dr, Waipapa	Financial interest	Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse)	Declare interest and abstain from voting.
	Flowers and gifts	Ratepayer 'Thankyou'	Bias/ Pre-determination?	Declare to Governance
	Coffee and food	Ratepayers sometimes 'shout' food and beverage	Bias or pre-determination	Case by case
	Staff	N/A	Suggestion of not being impartial or pre-determined!	Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair.
	Warren Pattinson	My husband is a builder and may do work for Council staff		Case by case
Ann Court - Partner	Warren Pattinson Limited	Director	Building Company. FNDC is a regulator	Remain at arm’s length
	Air NZ	Shareholder	None	None
	Warren Pattinson Limited	Builder	FNDC is the consent authority, regulator and enforcer.	Apply arm’s length rules
	Property on Onekura Road, Waipapa	Owner	Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development.	Would not submit. Rest on a case by case basis.
Felicity Foy	Flick Trustee Ltd	I am the director of this company that is the company trustee of Flick Family Trust that owns properties Seaview Road – Cable Bay, and Allen Bell Drive - Kaitaia.
	Elbury Holdings Limited	This company is directed by my parents Fiona and Kevin King.	This company owns several dairy and beef farms, and also dwellings on these farms. The Farms and dwellings are located in the Far North at Kaimaumau, Bird Road/Sandhills Rd, Wireless Road/ Puckey Road/Bell Road, the Awanui Straight and Allen Bell Drive.
	Foy Farms Partnership	Owner and partner in Foy Farms - a farm on Church Road, Kaingaroa
	Foy Farms Rentals	Owner and rental manager of Foy Farms Rentals for dwellings on Church Road, Kaingaroa and dwellings on Allen Bell Drive, Kaitaia, and property on North Road, Kaitaia, one title contains a cell phone tower.
	King Family Trust	This trust owns several titles/properties at Cable Bay, Seaview Rd/State Highway 10 and Ahipara - Panorama Lane.	These trusts own properties in the Far North.
	112 Commerce Street Holdings Ltd	Owner of commercial property in Commerce Street Kaitaia.
	Foy Property Management Ltd	Owner of company that manages properties owned by Foy Farms Rentals and Flick Family Trust.
	Previous employment at FNDC 2007-16	I consider the staff members at FNDC to be my friends
	Shareholder of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Director of Coastline Plumbing NZ Limited
Felicity Foy - Partner	Friends with some FNDC employees
Kelly Stratford	KS Bookkeeping and Administration	Business Owner, provides book keeping, administration and development of environmental management plans	None perceived	Step aside from decisions that arise, that may have conflicts
	Waikare Marae Trustees	Trustee	Maybe perceived conflicts	Case by case basis
	Bay of Islands College	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Karetu School	Parent Elected Trustee	None perceived	If there was a conflict, I will step aside from decision making
	Māori title land – Moerewa and Waikare	Beneficiary and husband is a shareholder	None perceived	If there was a conflict, I will step aside from decision making
	Sister is employed by Far North District Council			Will not discuss work/governance mattes that are confidential
	Gifts - food and beverages	Residents and ratepayers may ‘shout’ food and beverage	Perceived bias or predetermination	Case by case basis
	Taumarere Counselling Services	Advisory Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
	Sport Northland	Board Member	May be perceived conflicts	Should conflict arise, step aside from voting
	He Puna Aroha Putea Whakapapa	Trustee	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Kawakawa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Whangaroa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	National Emergency Management Advisor Committee	Member		Case by case basis
	Te Rūnanga ā Iwi o Ngāpuhi	Tribal affiliate member	As a descendent of Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā Iwi o Ngāpuhi Council relations	Declare a perceived conflict should there appear to be one
	Te Rūnanga ā Iwi o Ngāti Hine	Tribal affiliate member	Could have a perceived conflict of interest	Declare a perceived conflict should I determine there is a conflict
	Kawakawa Business and Community Association	Member		Will declare a perceived conflict should there appear to be one
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	Māori title land – Moerewa	Shareholder	None perceived	If there was a conflict of interest I would step aside from decision making
Moko Tepania	Teacher	Te Kura Kaupapa Māori o Kaikohe.	Potential Council funding that will benefit my place of employment.	Declare a perceived conflict
	Chairperson	Te Reo o Te Tai Tokerau Trust.	Potential Council funding for events that this trust runs.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Te Rarawa	As a descendent of Te Rarawa I could have a perceived conflict of interest in Te Rarawa Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga o Whaingaroa	As a descendent of Te Rūnanga o Whaingaroa I could have a perceived conflict of interest in Te Rūnanga o Whaingaroa Council relations.	Declare a perceived conflict
	Tribal Member	Kahukuraariki Trust Board	As a descendent of Kahukuraariki Trust Board I could have a perceived conflict of interest in Kahukuraariki Trust Board Council relations.	Declare a perceived conflict
	Tribal Member	Te Rūnanga ā-Iwi o Ngāpuhi	As a descendent of Te Rūnanga ā-Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā-Iwi o Ngāpuhi Council relations.	Declare a perceived conflict
John Vujcich	Board Member	Pioneer Village	Matters relating to funding and assets	Declare interest and abstain
	Director	Waitukupata Forest Ltd	Potential for council activity to directly affect its assets	Declare interest and abstain
	Director	Rural Service Solutions Ltd	Matters where council regulatory function impact of company services	Declare interest and abstain
	Director	Kaikohe (Rau Marama) Community Trust	Potential funder	Declare interest and abstain
	Partner	MJ & EMJ Vujcich	Matters where council regulatory function impacts on partnership owned assets	Declare interest and abstain
	Member	Kaikohe Rotary Club	Potential funder, or impact on Rotary projects	Declare interest and abstain
	Member	New Zealand Institute of Directors	Potential provider of training to Council	Declare a Conflict of Interest
	Member	Institute of IT Professionals	Unlikely, but possible provider of services to Council	Declare a Conflict of Interest
	Member	Kaikohe Business Association	Possible funding provider	Declare a Conflict of Interest
Belinda Ward	Ward Jarvis Family Trust	Trustee
	Kenneth Jarvis Family Trust	Trustee
	Residence in Watea
Belinda Ward (Partner)	Ward Jarvis Family Trust	Trustee and beneficiary
	Kenneth Jarvis Family Trust	Trustee and beneficiary
	Residence in Watea	Trustee

Strategy and Policy Committee Meeting Agenda

7 September 2021

The purpose of this policy is to set out, in accordance with section 57 (1) of the Local Government Act 2002 (LGA), an objective and transparent process for the:

a) identification and consideration of the skills, knowledge and experience required of directors of a council organisation.

b) appointment of directors to a council organisation; and

c) remuneration of directors of a council organisation.

Policy Objectives

The objectives of this policy are to ensure:

· that the process of appointing board members to Council Controlled Organisations (CCO’s) of FNDC is undertaken in an objective and transparent manner, while protecting individual privacy.

· that board appointments:

· are made based on an assessment of skills, knowledge and experience, having regard to the nature of scope of the organisation’s objectives and activities.

· consider the contribution that directors can make to the board as a whole and to the achievement of the organisation’s objectives and activities.

· consider the context in which council, as a publicly accountable body operates.

· continuity through smooth succession of board members and board chairs.

Other relevant legislation

In addition to this policy, the appointment and re-appointment of directors to Council Organisations are governed by their respective constitutions, trust deeds or, in some cases specific legislation. In the event of a conflict, the regulatory requirements of those documents take precedence over this policy.

Background

“Candidate” is a person who has been nominated, submitted a written application or identified through search activities.

“Council Organisation” is defined in section 6 of the LGA as an organisation in which the council has a voting interest or the right to appoint a director, trustee or manager (however described).

“Council Controlled Organisation” is defined in section 6 of the LGA in which the council controls, directly or indirectly, 50% or more of the votes or has the right, directly or indirectly, to appoint 50% or more of the directors.

Board Diversity and Inclusion

Far North District Council (FNDC) values and supports the benefits that diversity of thought, experience and skills bring to our CCO boards as well as the council as a whole; that a culture of inclusion and diversity is cultivated through clear tone from the top, with the Council and elected members, SLT and boards championing diversity and inclusion in support of FNDC’s values.

FNDC recognises that increasing diversity and fostering inclusive board culture is an essential element in supporting high performing boards, driving long-term success, making improved decisions, and delivering better outcomes for the communities of the Far North District.

The board of a CCO should be made up of a diverse range of people who are able to bring relevant expertise to the organisation. For the board to be fully effective, it should comprise directors with a range of complementary skills and experience to ensure that ideas are challenged and tested, and that decision-making is robust.

All board appointments must collectively reflect the diverse nature of the environment in which FNDC and its CCOs operates and be made on merit in the context of the skills, experience and knowledge which the board requires to be effective.

FNDC is committed to supporting and/or providing initiatives:

· that lead to an inclusive recruitment and selection process of board appointments.

· support a diverse range of aspiring directors to develop skills, knowledge, board room experience and to establish relationships and networks; and

· build a diverse pool of experienced directors for Far North District organisations

Policies

1. Eligibility

Council can consider any person as eligible to be a Director/Board Member provided that:

· they have not been previously disqualified from being a director or board member within New Zealand.

· they have not been convicted of a crime involving dishonesty.

· they are not an undischarged bankrupt.

· they are not a currently elected member of the Council

· they are not a current employee of the Council.

2. Skills

The council considers that any person that it appoints to be a director of a CO should, as a minimum, have the following characteristics:

• sound judgement and decision-making.

• a public service ethos.

• a high standard of personal integrity.

• commercial and governance experience.

• clear communication skills and an ability to debate in a reasoned manner.

• The ability to build and maintain relationships.

• effective teamwork and collaboration.

• ability to think strategically.

• risk assessment and contingency management.

• commitment to the principles of good corporate citizenship.

• understanding of the wider interests of the Council, as a publicly accountable shareholder.

3. Appointments Committee

As soon as practicable after each local body triennial election, or as otherwise required, the Council will establish an Appointments Committee for the purpose of recommending the appointment of directors to Council Controlled Organisations. The members of the committee will comprise the chairperson of the CCO board, an external commercial advisor (or similar) with relevant experience and knowledge, and up to two other members nominated by the Council. These members would ideally be Councillors with an interest in CCO’s and one of these appointees would be appointed as the Chair of the Appointments Committee.

Any recommendation made must be the unanimous decision of the committee.

4. Appointment Process

The Appointments Committee will prepare a list of possible candidates to be interviewed. In preparing the list, the committee will use several resources including, but not exclusively, public advertising, personal recommendations, and self-referrals, identifying individuals with the required skills and competencies.

The appointment committee will be responsible for:

· approving the criteria against which applications will be assessed.

· approving an independent recruitment consultant to assist with the selection process, if it decides it is warranted.

· preparing a shortlist of candidates to interview.

· interviewing the shortlisted candidates and evaluating them against the approved criteria; and

· reporting on its assessment of each candidate against its criteria and recommending appointments of directors to council.

When making this decision the committee will also consider:

• The costs of any advertisement and process

• The availability of qualified candidates

• The urgency of the appointment (e.g. a CO that is without a quorum cannot hold board meetings).

The Appointments Committee will report to the Council on the outcome of the appointments process and the committee’s recommendations. The Council will be the final decision-maker.

The Council expects all participants in the appointment process to undertake the work required of them in a timely manner.

5. Final Appointment

The council will make the final decision in committee (thus protecting the privacy of natural persons). Public announcement of the appointment will be made as soon as practicable after the council has made its decision.

6. Reappointment

Where a director’s term of appointment has expired and he or she is offering him or herself for reappointment, the Appointments Committee will consult with the Chairperson of the CO with regard to:

• Whether the skills of the incumbent add value to the work of the organisation

• Whether there are other skills the organisation needs

• The Director’s length of tenure

• Succession planning

The Committee will then consider the information obtained and form a view on the appropriateness of reappointment or making a replacement appointment. The outcome of the review will be advised to Council, who will make the final decision in relation to re-appointment if appropriate.

Council may reappoint an existing director for a further term without activating the formal appointment process. Where it is not intended to reappoint the incumbent, the appointment process outlined above will apply.

7. Removal of Directors

Council have the right to remove a Director if:

• The Director becomes an undischarged bankrupt

• The Director is convicted of a crime involving dishonesty

• The Director is prohibited from managing a company by the Registrar of Companies

• The Director is not acting in good faith.

• The Director is unable to perform the duties as a Director

Should it be necessary to remove a Director the default process in the Companies Act 1993 would be followed unless the company constitution specifies a different process.

The default process is to:

• call a shareholder meeting for the specific purpose of removing the director in question. There can be other purposes, but they must appear in the notice of the meeting.

• at the meeting, shareholders can remove the director through an ordinary resolution; and

• if a majority of shareholders votes in favour of the resolution, it passes and the directors’ removal from their office becomes effective.

8. Rotation of Directors and Length of Tenure

The Directorship shall be reviewed for appropriateness by the board of the relevant organisation each year. A statement advising that the review has been completed will be included in the Annual Report of the Company.

Directors will normally be appointed for periods of three years. Subject to a review of the director’s performance after the first three-year period, the normal tenure for a director will be six years.

Following six years of services, a director may be appointed for a further three years if the benefit of such an extension is considered to outweigh the potential advantages of seeking and appointing a new candidate.

It is desirable that a director is not reappointed to the same organisation after nine years of service.

The board shall develop and maintain:

· a skills and corporate knowledge matrix, identifying the skills currently represented by the board and clearly identifying those that need to be considered by a future appointment.

· A succession plan to ensure that the tenure of Directors is reviewed in line with this policy

The above to be discussed and reviewed with the Shareholder at least once a year.

9. Appointment of a Chairperson

Subject to the constitution or trust deed of the CCO, Council will appoint the Chair of each CCO board, considering the experience and skills of the existing board. Council will seek input from the current board members, as appropriate.

If there is more than one suitable candidate on the current board, an appointment process and panel will be established as per the Appointment Process in section 4.

In general terms, the skills and attributes sought for CCO Chairs are the same as those sought for CCO Directors (see section 2), but in addition would include the following:

· strong leadership skills, with the ability to work collaboratively with the board to create a sustainable enterprise.

· ability to think in a visionary and strategic manner.

· have a strong understanding of, and experience in, governance; and

· ability to ensure that the organisation is accountable and delivers high quality products, facilities, and services.

10. Conflicts of Interest

Far North District Council expects that directors of Council-controlled organisations will avoid situations where their actions could give rise to a conflict of interest. To minimise these situations, the council requires directors to follow the provisions of the New Zealand Institute of Directors’ Code of Ethics. All directors are appointed ‘at the pleasure of the council’ and may be dismissed for breaches of this code.

11. Remuneration

Far North District Council will decide whether directors on CCO boards are to be remunerated. The level of remuneration of directors will be set by council in accordance with the factors below.

To ensure transparency, fees will be set by the council for the board members and Chairs, rather than allocating a pool to be distributed by the board. Fees are to be met from the council organisation’s own resources.

The council supports the payments by CCOs of directors’ liability insurance and the indemnification of directors.

· Level of remuneration

Where CCO directors are remunerated, the level of remuneration will be set taking into account the following factors:

· the need to attract and retain appropriately qualified directors

· the levels of remuneration paid by comparable organisations in New Zealand

· any changes in the nature of the CCO’s business

· any other relevant factors.

Remuneration of directors of all CCOs will be reviewed at least once per triennium, or whenever the performance of the CCO or the role of the CCO and its board changes significantly.

12. Review

This Policy is to be reviewed by the Assurance, Risk and Finance Committee provided this is a delegated function of the Committee. If Council does not provide for this delegation at each triennium then the policy will be reviewed by Council.

The policy will be reviewed:

• Every three years or

• At the request of the Chair of the Assurance, Risk and Finance Committee or

• At the request of the Board of the CCO

• In response to a change in legislation or statutory requirements.

Strategy and Policy Committee Meeting Agenda

7 September 2021

5.2 Vehicle Crossings Bylaw - Recommendations for Making the New Bylaw

File Number: A3367916

Author: Donald Sheppard, Sustainability Programme Coordinator

Authoriser: Darren Edwards, General Manager - Strategic Planning and Policy

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Strategy and Policy Committee to recommend Council adopt the proposed Vehicle Crossings Bylaw under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998.

WhakarĀpopoto matua / Executive Summary

· On 21 May 2020, the Council agreed a bylaw is the most appropriate way to regulate vehicle crossings in the Far North District.

· On 20 October 2020 the Strategy and Policy Committee agreed to release a proposal for a new Vehicle Crossings Bylaw for public consultation.

· This consultation took place in two stages: 1) written submissions were received from 2 to 28 November 2020; 2) oral submissions were heard by the Strategy and Policy Committee on 23 March 2021.

· Council staff have analysed the submissions and made recommended changes to the draft bylaw (see Attachment 1, Analysis of Submissions and Recommendations).

· The general theme of the submissions was that on occasion the council should be more flexible, reasonable and ‘light-handed’ in regulating vehicle crossings and council staff agreed with this approach, noting, however, that flexibility should be the exception, not the norm.

· Attachment 2 is the final draft of the new bylaw for adoption.

· The recommended new bylaw has some changes compared with the previous (now revoked) Control of Vehicle Crossings Bylaw 2010 and to the way vehicle crossings have been managed since this Bylaw was revoked, for example with:

o New terminologies (for example, a permit becomes an approval)

o New definitions (for example, temporary crossings are defined more clearly)

o A change to the scope of what is covered (for example, the bylaw will not cover minor repairs or maintenance of crossings)

o More detail on the procedures which council must follow (for example, to manage applications and objections etc)

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend Council:

a) agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i) No changes are made to clauses 12, 15, 16, 18, 21, 22 and 23 in the draft bylaw.

ii) Clause 4 is changed by:

1) Adding the words “reconstruction, upgrading and relocation” after the word “construction”

2) Deleting the words “and repair” after the words “and relocation”;

3) Inserting the word “vehicular” after the words “vehicle crossings giving”;

4) Adding the words “or another design approved by the council” after “engineering standards for vehicle crossings”.

iii) Clause 5 is changed by:

1) Deleting the definition of berm;

2) Adding to the definition of vehicle crossing, the words “, but does not include paddock entrances with less than ten (10) stock movements per month” after “accessing the property”;

3) Deleting subclause (2) and replacing with a new Clause 2:

“2. Related information boxes

Boxes headed ‘Related information’ in this bylaw are for information purposes only, and –

(a) they do not form part of the bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

(c) may be inserted, amended or removed without formality”

4) Adding a “related information box” referring to a new diagram to supplement the written definition of a vehicle crossing:

“The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw”.

iv) Clause 6 is changed by:

1) In subclause (1), deleting the word “widen” and replacing with the word “upgrade”;

2) In subclause (2), replacing the word “widened” with “upgraded”;

3) In subclause (2), adding the words: “, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974” after “has been granted for this work”;

4) Adding a new subclause (3): “An approval is not required to conduct minor repairs or to maintain a vehicle crossing”;

5) Adding further information to the “related information” box as follows:

“Approvals are required for:

· Construction i.e. building a new vehicle crossing

· Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

· Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

· Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

· Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

· Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Whether or not an approval is required for work on the vehicle crossing, a Work Access Permit is required for all work on the road corridor (see clause 17). This is required under the National Code of Practice for Utility Operators' Access to Transport Corridors”.

v) Clause 7 is changed by:

1) Adding “or other council-approved design” after “appropriate engineering standard”;

2) Adding “Council will respond to the applicant in 30 working days or less” after “the proposed vehicle crossing”.

vi) Clause 8 is changed by:

1) Adding the words “in its sole discretion” after “may grant an approval”;

2) Adding the words “or other design approved by the council” after “the appropriate engineering standard”;

3) Adding a new paragraph (b): “the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or damage to the environment”.

vii) Clause 9 is changed by:

1) Adding the words “or other design approved by the council” after “appropriate engineering standard” in paragraph (a);

2) Adding the words “or other design approved by the council” after “specified engineering standard” in paragraph (b);

3) Replacing the word “mention” with “notice” in paragraph (b).

viii) Clause 10 is changed by:

1) Adding a “related information box” below paragraph (a).

“Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.”;

2) Adding the words “the positioning of grates, and compliance with any covenants relating to the site” after “sump or utility connection” in paragraph (b).

ix) Clause 11 is changed by:

1) Adding the words “at a time” after “twelve (12) months” in subclause (1);

2) Adding a “related information box” after subclause (2):

“If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system”.

x) Clause 13 is changed by:

1) Deleting the words “twelve (12) months” and replacing with the words “3 years” in subclauses (1) and (2).

xi) Clause 14 is changed by:

1) Deleting the words “to another person or” and add the words “or to a different location at the property concerned” after the words “to another property” in subclause (2);

2) Adding a new subclause (3): “Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer”.

xii) Clause 19 is changed by:

1) Deleting the word ‘repair’ from subclause (1);

2) Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover observed issues with the vehicle crossing such as safety concerns, and the crossing’s current and intended future use”.

xiii) Clause 20 is changed by:

1) Adding a new subclause (2): “Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier and will ascertain what is the crossing’s current and intended future use, if any”.

b) agree the Vehicle Crossings Bylaw in Attachment 2:

i) is the most appropriate form of bylaw; and

ii) does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c) under section 145 of the Local Government Act 2002 and section 22AB(zk) of the Land Transport Act 1998, make the Vehicle Crossings Bylaw in Attachment 2.:

1) TĀhuhu kŌrero / Background

On 21 May 2020, the Council resolved that a new bylaw is appropriate to regulate vehicle crossings in the Far North District (Resolution 2020/30 refers).

Subsequently, on 20 May 2020 the Strategy and Policy Committee approved a proposal for a new Vehicle Crossings Bylaw to be released for public consultation (Resolution 2020/15 refers).

This consultation took place in two stages: 1) twenty-one written submissions were received from 2 to 28 November 2020; 2) 3 verbal submissions were heard by the Strategy and Policy Committee on 23 March.

From the 21 submissions received, 3 supported the proposed bylaw in full, 15 submissions requested changes to the bylaw and 3 submissions had mixed views, both positive and negative.

The main theme from these submissions is that the bylaw needs to be more flexible in some circumstances. Staff agree that it is possible for the bylaw to provide more flexibility in the areas suggested in the submissions without compromising the objectives of the bylaw (to protect the public from nuisance; to protect, promote and maintain public health and safety; and to protect council’s assets from damage).

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of the bylaw

The report in Attachment 1 summarises the submissions and makes recommended changes to the draft bylaw for Council to consider. If these recommendations are agreed to, Council staff advise that the Vehicle Crossings Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

As required by section 155(2)(b) of the Local Government Act 2002, before a local authority makes a bylaw, it must determine whether the proposed bylaw has any implications under the New Zealand Bill of Rights Act 1990.

An initial assessment of these implications was included in the Vehicle Crossings Bylaw Proposal for Consultation [Objective reference: A2959774]. This assessment said:

“It is considered that the proposed bylaw seeks to impose fair, reasonable and justifiable controls on vehicle crossings and there are no known implications in relation to the New Zealand Bill of Rights Act 1990”.

None of the recommended changes in the report in Attachment 1 have new implications under the New Zealand Bill of Rights Act 1990. Therefore, the initial assessment is now a final assessment and Council staff consider there are no known implications in relation to the New Zealand Bill of Rights Act 1990.

Changes resulting from the new bylaw

The recommended new bylaw has some changes compared with the previous Control of Vehicle Crossings Bylaw 2010 and compared with the way vehicle crossings have been managed since this Bylaw revoked. The new bylaw has:

• new terminologies (for example, a permit becomes an approval);

• new definitions (for example, temporary crossings are defined more clearly);

• some changes to its scope (for example, the bylaw will not cover minor repairs or maintenance of crossings);

• more detail on the procedures which council must follow (e.g. to manage applications and objections, to remove redundant crossings etc).

In addition, ideally the application process should move online to provide convenience to applicants such as the ability to upload photographs and drawings.

Take Tūtohunga / Reason for the recommendation

Under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998, the Vehicle Crossings Bylaw in attachment 2 can be made, because, following the changes recommended in the report in Attachment 1, it:

(a) is an appropriate form of bylaw; and

(b) does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

The cost of implementing the new bylaw is covered by current operational budgets.

Āpitihanga / Attachments

1. Vehicle Crossings Bylaw Submissions Analysis and Recommendations - A3284404 ⇩

2. Final new vehicle crossing bylaw for adoption - A3314854 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The vehicle crossings area has a relatively low degree of significance for the following reasons: • Only a small number of individuals are involved each year with around 120 new crossings constructed annually. • This area is not of high public interest or a controversial area. • There is no evidence of divided community opinion on the matter.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Chapter 15.1.16C in the District Plan covers access to properties and council’s engineering standards provide standards for the proper construction of vehicle crossings. In the ‘status quo’ section of the Options Report presented to the Council on 21 May 2020 [Objective reference A2856590], the legislation and policies that relate to the decision are described and assessed. This includes national legislation as well as the District Plan and Council's engineering standards.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	As this is a District-wide issue, it is not a matter that can be dealt with by the Community Boards.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Vehicle crossings have no implications for Māori that are different from other people in the District.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Property owners had the opportunity to provide their views on the proposed new bylaw, which was publicised online. In addition, property developers, roading engineers and roading contractors were specifically asked for their feedback on the draft bylaw via email.
State the financial implications and where budgetary provisions have been made to support this decision.	The cost of implementing the new bylaw is covered by current operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

1. Background

On 21 May 2020, the Council agreed a bylaw is the most appropriate way to regulate vehicle crossings in the Far North District. On 20 October 2020 the Strategy and Policy Committee agreed to release a proposal for a new Vehicle Crossings Bylaw for public consultation. The period for making written submissions on the proposal began on 2 November 2020 and ended on 28 November 2020. Twenty-one submissions were received and three of the people who made submissions asked to be given the opportunity to make an oral presentation of their submissions. The Strategy and Policy Committee heard those presentations on 23 March 2021.

This report analyses the submissions received and makes recommendations for amendments to the draft Vehicle Crossings Bylaw. A numbered list of people who made submissions is included in the Appendix and these numbers are used to refer to the individual submissions.

Staff from the following teams contributed to the analysis in this report:

· Strategy Development

· Northern Transport Alliance

· Environmental Services

· Infrastructure Programme Delivery.

2. Summary of submissions

From the 21 written submissions received, 3 submissions supported the proposed bylaw in full (3, 10 and 11), 15 did not fully support the draft bylaw and requested changes (2, 4, 5 to 9, and 12 to 19) while 3 had mixed views both positive and negative (1, 20 and 21). Those with mixed views tended to suggest changes reflecting their individual points of view, for example, submission 21 from a forestry company made suggestions relating to the particular needs of the forestry industry.

Examples of comments from the submissions that supported the draft bylaw are:

“Poor quality crossings in the District cause significant road damage and nuisance.”

“Important in more populated areas.”

A number of submissions discussed in section 3.2 of this report said that greater flexibility may be occasionally needed in the bylaw wording. One submission (20) referred to case law (McCarthy v Madden (1914) 33 NZLR 1251, 1268) that states bylaws must be reasonable and said, “that anything other than a light-handed bylaw would be found to be unreasonable”.

Staff analysis

Council staff agree flexibility and reasonableness need to be considered in creating legislation and over-regulation must be avoided. Staff also agree it is possible for the bylaw to provide more flexibility in the areas suggested in the submissions, without compromising its objectives: to protect the public from nuisance; to protect, promote and maintain public health and safety; and to protect council’s assets from damage.

Staff recommendations

To provide more flexibility, staff have recommended the following changes to the bylaw that are discussed in detail in section 3.2 of this report:

· the current engineering standards will apply to the design and construction of most vehicle crossings but, on occasion, other council-approved designs may be allowed (see clauses 7, 8 and 9)

· unformed crossings used to move stock will not need to be constructed to the standard required for vehicle access (see clause 5)

· temporary crossings used by the forestry industry will not need to be removed if they are required in the future (see clause 11)

· minor repairs and maintenance will not require approval from the council (see clause 8).

3. Analysis and recommendations

The following section lists specific submissions that relate to the clauses in the draft bylaw, analyses these submissions and makes recommendations regarding the bylaw wording.

3.1 Clauses where no submissions were made

No submissions were made about the following clauses in the draft bylaw and Council staff recommend no changes to these clauses:

· Clause 12. Withdrawing an application

· Clause 15. Suspending or cancelling an approval

· Clause 16. Other obligations not affected

· Clause 18. Construction requirements

· Clause 21. The council may improve a vehicle crossing

· Clause 22. Objections

· Clause 23. Compliance and enforcement.

3.2 Staff recommendation for drafting clarification

Council staff recommend a minor drafting change to describe what the “Related information” boxes in the bylaw do. This description is better placed at the start of the bylaw, rather than in Clause 5 (Interpretation) and could be worded more clearly.

Recommendation:

Delete subclause (2) in Clause 5 (Interpretation) and include a new Clause 2 as follows:

“2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

This change will result in all subsequent clauses in the bylaw being renumbered. However, this report uses the clause numbers as they were in the draft bylaw that was published for consultation.

3.3 Submissions on clauses in the draft bylaw

Clause 4 Purpose

Clause 4 states the purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction and repair of vehicle crossings by requiring compliance with the council’s engineering standards for vehicle crossings.

Submissions received

Four submissions were received about clause 4 as follows:

· Clarification is needed that the bylaw applies to vehicular crossings only, not to moving stock (submission 20)

· Application of the engineering standards should reflect the condition of the road (submissions 1, 16 and 20)

· ‘Repair’ should be removed from the bylaw (submission 21).

Staff analysis

In the Interpretation clause of the draft bylaw (clause 5), vehicle crossings are defined as crossings used by motor vehicles accessing a property. These crossings apply to vehicles, not to stock movements. However, adding the word ‘vehicular’ in Clause 4, will make this distinction even clearer.

Council staff agree that on occasion council-approved designs other than the engineering standards may apply, for example, for some crossings on isolated rural roads. However, this would be the exception, not the rule.

The word ‘repair’ was included in clause 4 by mistake. The correct description of activities covered by the regulation is in clause 6, namely the “use, construction, reconstruction, upgrading and relocation” of vehicle crossings.

Staff recommendation

Amend clause 4 as follows:

1. Add the words “reconstruction, upgrading and relocation” after the word “construction”

2. Delete the words “and repair”.

3. Insert the word “vehicular” after the words “vehicle crossings giving”.

4. Add the words “or another design approved by the council” after “engineering standards for vehicle crossings”.

“Tracked changes” to the clause as recommended to be amended

The purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction, reconstruction, upgrading and relocation ~~and repair~~ of vehicle crossings giving vehicular access from roads to properties located within the Far North District by requiring compliance with the council’s engineering standards for vehicle crossings or another design approved by the council.

Clause 5. Interpretation

Clause 5 contains definitions of the terms used in the bylaw.

Submissions received

(1) Submission 20 commented on two of the definitions, “berm” and “vehicle crossing”, as follows:

· the word “road” would be better than “street” in the definition of “berm”

· the definition of “vehicle crossing” should be changed to exclude unformed crossing places such as where a farmer makes a gate out of fencing materials in order to occasionally move stock.

Staff analysis

The definition of berm was included by mistake. The word is not used in the bylaw.

Council staff agree that unformed occasionally-used crossings used to move stock do not need to be regulated. These crossings typically involve extremely light vehicle use such as a farmer riding a quad bike. Whangārei District Council refers to these crossings as “paddock entrances” and excludes them from its vehicle crossing regulation.

Council staff also consider the definition of vehicle crossing could be made clearer by including a diagram from the District Plan in a Schedule to the bylaw.

Staff recommendations

Amend clause 5 as follows:

1. Delete the definition of berm.

2. In the definition of vehicle crossing:

(a) add the words “, but does not include paddock entrances with less than ten stock movements per month”

(b) add a “related information box” referring to a new diagram in the Schedule that illustrates the definition

Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

3. Add a new schedule including diagram 1.

“Tracked changes” to the clause as recommended to be amended

~~(2)~~ ~~Berm~~ ~~is the area between a property boundary and the street; it can include both sides of a footpath.~~

Vehicle crossing means the area of driveway, whether temporary or permanent, between a road and a private property boundary, intended for use by motor vehicles accessing the property, but does not include paddock entrances with less than ten stock movements per month.

Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

Schedule

Part 1 Clause 5 Interpretation

Diagram 1

Clause 6. An approval is required for a vehicle crossing

This clause says that people wishing to construct, reconstruct, widen or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council. This does not apply where a resource consent for a subdivision has been granted for this work.

Submissions received

Three submissions were made regarding this clause:

· The bylaw should better define construct and reconstruct (submission 20)

· Maintenance should be excluded from the bylaw (submissions 16 and 21). Submission 21 referred to maintenance as the reconstruction of a crossing before it will be used for harvesting a forestry block.

· Submission 21 said that the application process should be streamlined, using an online approach.

Staff analysis

Council staff consider that legal definitions of the activities relating to vehicle crossings are not needed, as these are commonly used words. However, it may help people to understand what the activities are if some examples are given of these activities. Staff also consider the word “upgrade” should be used instead of “widen” because it is a broader term involving a variety of changes to the crossing, including widening.

Maintenance is not referred to in clause 6. Giving examples of what maintenance involves will clarify that this does not refer to the reconstruction of a crossing as indicated in submission 21.

Staff also consider the bylaw should make it clear an approval is not required where permission is granted by the council relating to a private road or private right-of-way under section 348 of the Local Government Act 1974.

The application process, including online options, will be addressed in the implementation of the new bylaw.

Staff recommendations

Amend clause 6 as follows:

1. In subclause (1), replace the word “widen” with “upgrade”.

2. In subclause (2), replace the word “widened” with “upgraded” and add the words: “, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974” after “for this work”.

3. Add a new subclause (3): “An approval is not required for minor repairs or to maintain a vehicle crossing.”

4. Add the following text to the “related information” box:

Approvals are required for:

· Construction i.e. building a new vehicle crossing

· Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

· Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

· Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

· Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

· Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

“Tracked changes” to the clause as recommended to be amended

(1) Every person wishing to construct, reconstruct, ~~widen~~ upgrade or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council.

(2) An approval is not required for a vehicle crossing constructed, reconstructed, ~~widened~~ upgraded or relocated as part of a subdivision or land use consent, where a resource consent has been granted for this work, or permission has been provided by the council relating to a private road or private right-of-way under section 348 of the Local Government Act 1974.

(3) An approval is not required for minor repairs or to maintain a vehicle crossing.

(34) Every application for an approval must be made by a person who has the legal authority to deal with the property accessed by the vehicle crossing (“the applicant”) and:

(a) be in the form required by the council; and

(b) include all the information required by the form; and

Related information

Forms for applying for a permit can be found on the council’s website at Vehicle Crossing Application Form or picked up at any Council office.

The current Fees and Charges Schedule can be found on the council’s website or a copy can be viewed at any Council office.

Approvals are required for:

· Construction i.e. building a new vehicle crossing

· Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

· Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

· Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

· Minor repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

· Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Clause 7. Assessment of an application

Clause 7 states the council will assess the information provided in an application to determine the appropriate engineering standard that should apply to the crossing.

Submissions received

Two submissions were received regarding this clause as follows:

· The engineering standards will be too stringent in some cases “the standard should be applied proportionally, depending on the standard of the relevant public road” (submission 20).

· The bylaw should state how long it will take for council to respond to the application (submission 12).

Staff analysis

Council staff agree that some flexibility should be allowed in determining the design and specifications for a particular crossing.

Staff also agree that it is fair to applicants to state how long the response will take. A time of up to 30 working days is recommended to allow for assessing complex applications. This timing is built into the council’s current arrangement with Haigh Workman to process these applications; however, in many instances the response is faster than 30 days. Currently, in order to keep costs down for the council, Haigh Workman try to be efficient and conduct vehicle crossings inspections when they have other work to do in an area, and, reducing this timeframe would mean Haigh Workman would need to spend more hours doing this work at significantly more cost to council.

Staff recommendations

Amend clause 7 as follows:

1. Insert, after the word “standard”, the words “or other council-approved design”.

2. Add the words “The council will respond to the applicant in 30 working days or less”.

“Tracked changes” to the clause as recommended to be amended

The council will assess the information provided in an application to determine the appropriate engineering standard or other council-approved design that should apply to the proposed vehicle crossing. The council will respond to the applicant in 30 working days or less.

Clause 8. Granting an approval

This clause says the council may grant an approval if the information provided in the application is sufficient to determine the appropriate engineering standard.

Submissions received

No submissions referred specifically to this clause; however, submissions 1, 16 and 20 suggested the bylaw could be more flexible regarding the application of the engineering standards.

Staff analysis

Council staff agree more flexibility may be allowed regarding the design specifications of vehicle crossings, but this should be the exception, not the rule.

Legal advice was received that this clause should state that granting an approval is at council’s sole discretion and mention should be made of other considerations such as road safety and negative impacts on the environment.

Staff recommendation

Amend clause 8 by adding the words “in its sole discretion” after “may grant an approval”;

Amend paragraph (a) by inserting, the words “or other design approved by the Council” after the words “engineering standard”;

Include a new paragraph (b): “the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and”.

“Tracked changes” to the clause as recommended to be amended

The council may grant an approval in its sole discretion if:

(a) the information provided in the application is sufficient to determine the appropriate engineering standard or other design approved by the Council for the vehicle crossing; and

(b) the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and

Clause 9. Content of an approval

Clause 9 says that an approval will state: a) the appropriate engineering standard applicable for the vehicle crossing, b) that the council will inspect the vehicle crossing, c) that a Work Access Permit is required to work on the road corridor (see clause 17).

Submissions received

Three submissions (1, 16 and 20) asked for the Council to use its discretion in applying the current engineering standards in some circumstances, such as a crossing on a little-used unsealed road.

Staff analysis

Council staff agree more discretion and flexibility should be allowed in the bylaw. A minor drafting change is also recommended in paragraph (b).

Staff recommendations

1. Amend paragraphs (a) and (b) by inserting, after the word “standard”, the words “or other design approved by the council”.

2. Replace the word “mention” with “notice” in paragraph (b).

“Tracked changes” to the clause as recommended to be amended

An approval will include:

(a) a statement as to the appropriate engineering standard or other design approved by the council applicable for the vehicle crossing which must be followed in the design and construction of the vehicle crossing;

Related information

The council’s current engineering standards are published on the council’s website at Engineering Standards and Guidelines or can be picked up at any Council office.

(b) ~~mention~~ notice that the council will inspect the vehicle crossing to make sure it meets the specified engineering standard or other design approved by the council and any other conditions included in the approval;

(c) information on how to obtain a Work Access Permit which is required to access the road corridor and commence construction (see clause 17).

Clause 10. Additional approval conditions

Clause 10 says that the council may include additional condition/s in an approval, including:

· relevant provisions from Chapter 15 (Transportation) of the Far North District Plan

· other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection

· conditions relating to a temporary vehicle crossing.

Submissions received

Two submissions (8 and 21) said the Council should be more specific regarding subclauses (1) and (2) because they are too broad or vague and therefore could result in the Council putting onerous conditions on approvals.

Staff analysis

Council staff agree that these provisions could be seen as too broad. However, staff note that there is an objection process described in clause 22 of the bylaw if an applicant thinks a condition is unreasonable. Secondly, they note that this is the flip-side of the flexibility that people want - if there is going to be broader scope for how crossings can be designed, then the Council needs the ability to apply appropriate conditions regarding the design.

However, staff recommend explaining what Chapter 15 of the District Plan covers and providing more examples of other conditions that may be covered by paragraph (b) to demonstrate that such conditions will be relevant and reasonable.

Staff recommendations

Amend clause 10 by:

1. Adding a “related information box” after paragraph (a) as follows:

Related information

Chapter 15 of the District Plan (‘Transportation’) covers areas such as parking and access to private properties including where access is permitted and not permitted. It lists the criteria that will be used to assess road access such as traffic safety and congestion, foreseeable future changes to traffic patterns in the area, and the safety of pedestrians, disabled persons and cyclists, etc.

2. In paragraph (b) insert after the word “connection”, the words “the positioning of grates, and compliance with any covenants relating to the site”.

“Tracked changes” to the clause as recommended to be amended

The council may include additional condition/s applying to an approval:

(a) regarding any relevant provisions from Chapter 15 (Transportation) of the Far North District Plan;

Related information

(b) any other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection, the positioning of grates, and compliance with any covenants relating to the site etc;

(c) a temporary vehicle crossing may be subject to additional conditions relating to where the crossing is situated, the purpose of the crossing, how long the temporary crossing will be in place; the effects of the crossing on normal usage of the road; and the design and materials used in its construction.

Clause 11. Temporary vehicle crossings

Clause 11 states that approval is needed for a temporary vehicle crossing, defined as a crossing that will be needed for no longer than twelve months. Once the temporary vehicle crossing has fulfilled its purpose, it must be removed within three months to the council’s satisfaction at the expense of the owner or occupier.

Submission received

Submission 21 suggested three changes to how temporary crossings are handled in the bylaw:

· Notification of a temporary vehicle crossing to council should be satisfactory in itself and approval (including the fee) for a temporary vehicle crossing should be unnecessary

· Council should list standard criteria or standards for temporary crossings so they can be constructed without approval and without incurring a fee

· In the forestry sector, a crossing may be used once every five to fifteen years, and this should be allowed for.

Staff analysis

Although a crossing may be temporary, it could still cause safety issues and potential damage to drains and the road during heavy rain if not constructed to suitable standards. Therefore, an approval from the council with relevant conditions is necessary for temporary crossings. Many factors go into determining the design specifications for temporary crossings, including:

· The purpose of the crossing and how long it will be in place

· The type/s of vehicles that will use the crossing

· Safety considerations such as the amount of traffic on the road involved and the sight lines for the crossing

· The surface of the road concerned and the nature of the adjacent drains

· The proximity of the crossing to utility lines etc

Because of the number of factors involved, allowing these crossings to be constructed with no approval needed based on a set of standard designs is not practical.

Council staff agree the bylaw should allow for the long rotation use of temporary crossings, for example by the forestry sector.

Staff recommendations

Amend clause 11 as follows:

1. In subclause (1), insert, after the word “months”, the words “at a time”.

2. Add a “related information box” after subclause (2) as follows:

Related information

If a temporary crossing is not being used currently but will be used again in many years’ time, as is common in the forestry industry, it will not have fulfilled its purpose and there is no need to remove the crossing unless it is unsafe or is causing damage to the road or drainage system.

“Tracked changes” to the clause as recommended to be amended

(1) An approval is required for a vehicle crossing needed for a purpose, such as forestry harvesting or building construction, where activity will occur for no longer than twelve (12) months at a time (“temporary vehicle crossing”).

(2) Once a temporary vehicle crossing has fulfilled its purpose, it must be removed within three (3) months. Removing this crossing and any reinstatement work must be conducted to the council’s satisfaction at the expense of the owner or occupier.

Related information

Clause 13. Duration of an approval

Clause 13 states approvals granted under the bylaw have a duration of twelve months and during this time the work must be completed to the satisfaction of the Council. If the work is not completed within this period, the owner or occupier must apply for a new approval before work can continue.

Submission received

Submission 9 suggested making approvals indefinite in duration to be flexible and agile.

Staff analysis

An indefinite approval is not practicable because circumstances may change that make the approval inappropriate, for example, changes to the engineering standards. However, Council staff consider the duration could be up to three years because work on a crossing can be delayed for many reasons.

Staff recommendation

Amend clause 13(1) and (2) by omitting the words “twelve (12) months” and substituting the words “3 years”.

“Tracked changes” to the clause as recommended to be amended

(1) All approvals granted under this bylaw have a duration of ~~twelve (12) months~~ 3 years, during which time the work shall have been completed to the satisfaction of the council.

(2) If the work is not completed to the satisfaction of the council within ~~twelve (12) months~~ 3 years, the owner or occupier must apply for a new approval before work can continue. The re-application fee is listed in the council’s current Fees and Charges Schedule.

Clause 14. Amending or transferring an approval

Clause 14 states approvals are not transferable.

Submission received

Submission 9 suggested transfers should be allowed from one owner to the next owner of the same property.

Staff analysis

Council staff agree approvals should be able to be transferred from one owner to the next owner of the property. However, transfer from an approved site on the property to another site on the same property should be prevented.

Staff recommendation

Amend clause (2) by:

1. Deleting the words “to another person or”.

2. Adding the words “or to a different location at the property concerned”.

Add a new clause (3): “Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer”.

“Tracked changes” to the clause as recommended to be amended

(1) A person granted an approval may, at any time within the duration of the approval, apply to the council to amend the approval or its conditions. An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications specified. In this instance, council may require, at its sole discretion, a new fee to be paid depending on the nature of the amendment sought.

(2) Approvals are not transferable ~~to another person or~~ to another property or to a different location at the property concerned.

(3) Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer.

Clause 19. Vehicle crossings that are unsafe or in disrepair

Clause 19 states the council may give notice to the owner or occupier of a property to remove, repair or reconstruct a crossing at the expense of the owner if it is unsafe or in disrepair.

Submissions received

Four submissions were received regarding clause 19. One (submission 4) supports the clause, but another (submission 13) said the clause is not needed, because the Council or Waka Kotahi should repair the crossing. Submission 6 also said the clause was not needed because the Council can already inspect a crossing and require an upgrade without a bylaw. Submission 21 requested the council recognise the special needs of the forestry sector such as long periods of up to 15 years between use of a crossing and suggested that before the Council issues a notice it should consult with the owner or occupier.

Staff analysis

To be consistent with the change made to clause 4 (purpose) and the definitions included in clause 6 (related information) the word “repair” should be deleted from clause 19(1).

Submission 6 is correct; the council can already inspect a vehicle crossing and require an upgrade without a new bylaw. This is possible, for example, under section 17 of the Resource Management Act 1991 (duty to avoid, remedy and mitigate adverse effects) or under section 11A of the Local Government Act 2002 (core services) which says that a local authority must have particular regard to the contribution that network infrastructure including roading, makes to its communities. However, the council has received legal advice that including this provision in a bylaw will provide an easier and more direct mechanism to require remedial work.

The bylaw only covers vehicle crossings on council’s roads and does not apply to crossings on the state highways administered by Waka Kotahi. Although vehicle crossings are part of the road corridor, the property owner gets the benefit of their use in providing access to and from their property, so it is reasonable for the property owner to pay for their reconstruction or removal, rather than the council.

Council staff agree that requiring removal of a crossing that will be used again in many years’ time by the forestry industry would be unfair. Therefore, staff are in favour of introducing criteria such as consulting with the owner or occupier regarding the intended use of the crossing before issuing a notice to remove a crossing.

Staff recommendations

Amend clause 19 by:

1. In subclause (1) deleting the word “repair”.

2. Inserting a new subclause (2):

“(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover observed issues with the vehicle crossing such as safety concerns, and what is the crossing’s current and intended future use.”

“Tracked changes” to the clause as recommended to be amended

(1) If at any time, in the opinion of the council, a vehicle crossing does not comply with the engineering standards, the council may, by written notice addressed to the owner or occupier of the property to which the crossing gives access, require the owner or occupier to remove, ~~repair~~ or reconstruct the crossing within the time period specified in the notice to the satisfaction of the council.

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover observed issues with the vehicle crossing such as safety concerns, and what is the crossing’s current and intended future use.

~~(2)~~ (3) If the recipient of such a notice fails to comply with that notice within the prescribed time, the council may arrange for such removal, repair or reconstruction to be carried out and may charge the owner or occupier for the full costs of such work, including reasonable administration costs.

Clause 20. Redundant or excessive vehicle crossings

Clause 20 allows the council to remove a vehicle crossing that is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, at the expense of the council.

Submission received

Submission 21 requested the council recognise the special long rotation needs of the forestry industry before removing a crossing.

Staff analysis

Exceptions for long rotation forestry use of a crossing seem sensible as a crossing that may appear to be redundant to Council staff may indeed be used many years later for forest harvesting. As recommended for clause 19, staff suggest adding a subclause to say that before serving notice, the council will consult with the owner or occupier.

Staff recommendation

Amend clause 20 by adding a new subclause (2):

“(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any.”

“Tracked changes” to the clause as recommended to be amended

(1) Where the council is satisfied that a vehicle crossing is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, the council may serve notice upon the owner or occupier that the council will remove this crossing at the expense of the council.

Related information

This clause is made under section 335(9) of the Local Government Act 1974

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any.

Clause 24. Offences and penalties

Clause 24 lists possible penalties a) under the Local Government Act 2002 of a fine not exceeding $20,000 and b) under the Land Transport Act 1998, of a fine not exceeding $1,000.

Submissions received

Two submissions were received about clause 24. Submission 16 said that large fines of up to $20,000 are not warranted and that “The bylaw is worded in a punitive way which is not conducive to council and ratepayers working together to come up with realistic and flexible solutions”. Submission 13 said that “Council is supposed to help ratepayers not force compliance”.

Staff analysis

In general, any fines imposed would be much less than $20,000. However, as an extreme example, if a faulty vehicle crossing led to a road accident and serious injury or death, then a large fine may be warranted.

The Council follows the VADE principle to ensure compliance with the bylaw i.e. starting with helping property owners do the right thing via advice and education rather than “forcing compliance”. However, as serious safety risks and damage to council’s assets could arise from poorly constructed vehicle crossings, it is important the council has the regulatory authority to prosecute if necessary.

Staff recommendation

No change.

Strategy and Policy Committee Meeting Agenda

7 September 2021

Vehicle Crossings Bylaw

Governing Body of Far North District Council

Resolution in Council 23 September 2021.

Under section 145 of the Local Government Act 2002 and section 22AB (zk) of the Land Transport Act 1998 the Governing Body of the Far North District Council made the following bylaw about vehicle crossings.

The bylaw is due for review by 23 September 2026.

Contents

Clause Description Page

1. Title	2
2. Related information boxes	2
3. Commencement	2
4. Application	2
5. Purpose	3
6. Interpretation	3
7. An approval is required for a vehicle crossing	5
8. Assessment of an application	5
9. Granting an approval	5
10. Content of an approval	6
11. Additional approval conditions	6
12. Temporary vehicle crossings	6
13. Withdrawing an application	6
14. Duration of an approval	6
15. Amending or transferring an approval	6
16. Suspending or cancelling an approval	6
17. Other obligations not affected	7
18. Working in the road corridor	7
19. Construction requirements	7
20. Vehicle crossings that are unsafe or in disrepair	8
21. Redundant or excessive vehicle crossings	8
22. The council may improve a vehicle crossing	8
23. Objections	8
24. Compliance and enforcement	8
25. Offences and penalties	9
Schedule	10

1. Title

This bylaw is the Vehicle Crossings Bylaw.

2. Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3. Commencement

This bylaw comes into force two days after the date it is made by the governing body of the Far North District Council.

Related information

This bylaw is due for review by 23 September 2026.

4. Application

This bylaw applies to the district of the Far North District Council.

Part 1:

Preliminary provisions

5. Purpose

The purpose of the bylaw is to protect the public from nuisance, promote public safety and protect public infrastructure by regulating the use, construction, reconstruction, upgrading and relocation of vehicle crossings giving vehicular access from roads to properties located within the Far North District by requiring compliance with the council’s engineering standards for vehicle crossings or another design approved by the council.

6. Interpretation

(1) The Interpretation Act 1999 applies to this bylaw.

(2) In this bylaw, unless the context otherwise requires:

Approval means an approval granted under this bylaw.

Council means the governing body of Far North District Council, or any person delegated or authorised to act on its behalf.

Engineering standards mean the council’s current Engineering Standards and Guidelines.

Motor vehicle has the same meaning as in section 2 (1) of the Land Transport Act 1998.

Related information

As at as at 07 August 2020, the definition is:

“(a) means a vehicle drawn or propelled by mechanical power; and

(b) includes a trailer; but

(i) a vehicle running on rails; or

(iii) a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

(iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

(v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

(vi) a pedestrian-controlled machine; or

(vii) a vehicle that the Agency has declared under section 168A is not a motor vehicle; or

(viii) a mobility device.”

Occupier has the meaning given by section 2(1) of the Local Government Act 1974.

Related information

As at 22 October 2019, the definition is:

"in relation to any property, means the inhabitant occupier of that property."

Owner means any person, as defined in section 2(1) of the Local Government Act 1974.

Related information

As at 22 October 2019, the definition is:

"... in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent."

Road has the same meaning as in section 315 of the Local Government Act 1974 but excludes access ways for the purposes of vehicle crossings as per section 335(10).

Related information

As at 22 October 2019, the definition is:

"...means the whole of any land which is within a district, and which—

(a) immediately before the commencement of this Part was a road or street or public highway; or

(b) immediately before the inclusion of any area in the district was a public highway within that area; or

(d) is vested in the council for the purpose of a road as shown on a deposited survey plan; or

(e) is vested in the council as a road or street pursuant to any other enactment;

and includes—

(f) [modified by section 335(10) of the Local Government Act 1974]

(g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989.”

Road corridor (or ‘road reserve’) includes roads as defined above and includes all land from boundary to boundary (including the berm).

Road Controlling Authority (RCA) has the same meaning as in section 2 of the Land Transport Act 1998.

Related information

As at 1 September 2020, the definition is:

“…means the authority, body, or persons having control of the road and includes any person acting under and within the terms of any delegation or authorisation given by a controlling authority.”

Road corridor manager means the road controlling authority, namely the Far North District Council, that has jurisdiction over the road.

Related information

The terminology associated with vehicle crossings is illustrated in diagram 1 in the Schedule to this bylaw.

Part 2:

Substantive provisions

7 An approval is required for a vehicle crossing

(1) Every person wishing to construct, reconstruct, upgrade or relocate a vehicle crossing, whether for a permanent or a temporary crossing, must have an approval from the council.

(2) An approval is not required for a vehicle crossing constructed, reconstructed, upgraded or relocated as part of a subdivision or land use consent where a resource consent has been granted for this work, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974.

(3) An approval is not required to repair or maintain an existing vehicle crossing.

(4) Every application for an approval must be made by a person who has the legal authority to deal with the property accessed by the vehicle crossing (“the applicant”) and:

(a) be in the form required by the council; and

(b) include all the information required by the form; and

Related information

Forms for applying for a permit can be found on the council’s website at Vehicle Crossing Application Form or picked up at any Council office.

The current Fees and Charges Schedule can be found on the council’s website or a copy can be viewed at any Council office.

Approvals are required for:

· Construction i.e. building a new vehicle crossing

· Reconstruction i.e. rebuilding a crossing which is broken and/or not fit for purpose

· Upgrading e.g. widening a crossing, replacing metal with tarseal, replacing a culvert, or making safety improvements to a crossing

· Relocating i.e. moving a crossing from one place to another.

Approvals are not required for:

· Repairs i.e. refurbishing a crossing that is showing signs of wear and tear but is not broken (such as repairing a pothole)

· Maintenance e.g. resealing the surface of the crossing with existing seal material or cleaning a culvert.

Whether or not an approval is required for work on the vehicle crossing, a Work Access Permit is required for all work on the road corridor (see clause 18). This is required under the National Code of Practice for Utility Operators' Access to Transport Corridors.

8 Assessment of an application

The council will assess the information provided in an application to determine the appropriate engineering standard or other council-approved design that should apply to the proposed vehicle crossing. Council will respond to the applicant in 30 working days or less.

9 Granting an approval

The council may grant an approval in its sole discretion if:

(a) the information provided in the application is sufficient to determine the appropriate engineering standard or other design approved by the council for the vehicle crossing; and

(b) the council is satisfied that the proposed vehicle crossing will not cause undue impacts involving road safety or negative impacts on the environment; and

10 Content of an approval

An approval will include:

(a) a statement as to the appropriate engineering standard or other design approved by the council applicable for the vehicle crossing which must be followed in the design and construction of the vehicle crossing;

Related information

The council’s current engineering standards are published on the council’s website at Engineering Standards and Guidelines or can be picked up at any Council office.

(b) notice that the council will inspect the vehicle crossing to make sure it meets the specified engineering standard or other design approved by the council and any other conditions included in the approval;

(c) information on how to obtain a Work Access Permit which is required to access the road corridor and commence construction of the approved vehicle crossing (see clause 18).

11 Additional approval conditions

The council may include additional condition/s applying to an approval:

(a) regarding any relevant provisions from Chapter 15 (Transportation) of the Far North District Plan;

Related information

(b) any other relevant conditions applying to the vehicle crossing e.g. placement of the crossing to avoid a sump or utility connection, the positioning of grates, and compliance with any covenants relating to the site etc.

(c) a temporary vehicle crossing may be subject to additional conditions relating to where the crossing is situated, the purpose of the crossing, how long the temporary crossing will be in place; the effects of the crossing on normal usage of the road; and the design and materials used in its construction.

12 Temporary vehicle crossings

(1) An approval is required for a vehicle crossing needed for a purpose, such as forestry harvesting or building construction, where activity will occur for no longer than twelve (12) months at a time (“temporary vehicle crossing”).

(2) Once a temporary vehicle crossing has fulfilled its purpose, it must be removed within three (3) months. Removing this crossing and any reinstatement work must be conducted to the council’s satisfaction at the expense of the owner or occupier.

Related information

13 Withdrawing an application

An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides that a refund (or partial refund) is reasonable in the circumstances.

14 Duration of an approval

(1) All approvals granted under this bylaw have a duration of three (3) years, during which time the work must be completed to the satisfaction of the council.

(2) If the work is not completed to the satisfaction of the council within three (3) years, the owner or occupier must apply for a new approval before work can start or continue. The re-application fee is listed in the council’s current Fees and Charges Schedule.

15 Amending or transferring an approval

(1) A person granted an approval may, at any time within the duration of the approval, apply to the council to amend the approval or its conditions. An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications specified. In this instance, council may require, at its sole discretion, a new fee to be paid depending on the nature of the amendment sought.

(2) Approvals are not transferable to another property or to a different location at the property concerned.

(3) Approvals may be transferred to another person at the same property, such as a new property owner, if the council has been notified in writing of this transfer.

16 Suspending or cancelling an approval

(1) The council may suspend or cancel an approval if:

(a) the applicant has not obtained a Work Access Permit before commencing construction – see clause 18 of this bylaw;

(b) a resource consent for the work has been issued, or permission has been granted by the council for a private road or right-of-way under section 348 of the Local Government Act 1974, and there is no need for a separate approval - see clause 7(2) of this bylaw;

(c) upon inspection, in the opinion of the council the proposed construction work is likely to be unfit for purpose, unsafe or cause damage to public assets; for example, due to the wrong material used, wrong placement of the vehicle crossing as per the approved site plan, incorrect dimensions, or insufficient compaction of the sub-surface etc

(2) The suspension or cancellation takes effect from the date of the council’s decision to suspend or cancel the approval. The notice of cancellation must include the reasons for the council’s decision.

(3) Suspending or cancelling an approval does not affect the council’s powers to take other enforcement action under this bylaw, any other legislation or New Zealand law for the acts or omissions that were the reasons for the suspension or cancellation.

17 Other obligations not affected

An approval does not affect or limit the obligations of any person to comply with any legislation or regulatory requirements that applies to the matters covered by the approval.

18 Working in the road corridor

(1) A Work Access Permit is required before commencing any work in the road corridor.

Related information

A Work Access Permit gives permission from the council as the road corridor manager to carry out the specified activity in the road corridor. A set of conditions is issued with the Work Access Permit, to be followed when working in the road corridor.

(2) In order to receive a Work Access Permit, the applicant must complete a Corridor Access Request including a Temporary Traffic Management Plan at least ten (10) working days before the planned commencement of any construction work. In the Approval notification letter the council will provide information to the applicant regarding how to apply for a Corridor Access Request and prepare a Temporary Traffic Management Plan.

(3) The Work Access Permit, together with an approved Temporary Traffic Management Plan, must always be available on site for the duration of the work carried out in the road corridor.

19 Construction requirements

(1) Construction of a vehicle crossing must be managed to allow for the safe passage of pedestrians.

(2) Interruption to pedestrian and vehicular traffic must be kept to a minimum.

20 Vehicle crossings that are unsafe or in disrepair

(1) If at any time, in the opinion of the council, a vehicle crossing does not comply with the engineering standards, the council may, by written notice addressed to the owner or occupier of the property to which the crossing gives access, require the owner or occupier to remove or reconstruct the crossing within the time period specified in the notice to the satisfaction of the council.

(2) Before issuing a written notice, the council will consult with the property owner regarding the best course of action. This discussion will cover observed issues with the vehicle crossing such as safety concerns, and the crossing’s current and intended future use

(3) If the recipient of such a notice fails to comply with that notice within the prescribed time, the council may arrange for such removal, repair or reconstruction to be carried out and may charge the owner or occupier for the full costs of such work, including reasonable administration costs.

21 Redundant or excessive vehicle crossings

(1) Where the council is satisfied that a vehicle crossing is redundant or is in excess of the reasonable requirements of the owner or occupier of the property, the council may serve notice upon the owner or occupier that the council will remove this crossing at the expense of the council.

Related information

This clause is made under section 335(9) of the Local Government Act 1974

(2) Before issuing a written notice or removal, the council will consult with the property owner regarding the best course of action. This discussion will cover why the council considers the vehicle crossing is redundant or in excess of the reasonable requirements of the owner or occupier, and will ascertain what is the crossing’s current and intended future use, if any, and why the crossing is required.

22 The council may improve a vehicle crossing

The council may reconstruct, widen or relocate a vehicle crossing at the council’s expense if the council is satisfied that this will improve public safety, is necessary for environmental protection, or will reduce the risk of damage to the council’s assets.

23 Objections

(1) Any person who has the legal authority to deal with the property accessed by the vehicle crossing may object to a council vehicle crossing decision, by lodging an objection to this decision in writing to the council within 28 days of being notified of the decision.

(2) The council will make a decision in writing on an objection including the reasons for it within a reasonable time frame.

(3) Nothing in this bylaw affects the right of the applicant to apply for judicial review of a decision by the council concerning vehicle crossings.

Part 3:

Compliance and Enforcement

24 Compliance and enforcement

Council will use a range of compliance and enforcement methods as it considers appropriate under its statutory powers to respond to breaches of the bylaw. These include advice and education, issuing warnings, infringement notices, enforcement orders, injunction applications to restrain the commission of offences and breaches of the bylaw, removal of works, recovery for damage and criminal prosecution.

Part 4:

Offences and penalties

25 Offences and penalties

Any person who fails to comply with any condition or restriction under this bylaw commits an offence and shall be liable on summary conviction to the penalty set out in section 242 (4) of the Local Government Act 2002 of a fine not exceeding $20,000.

In addition, under section 22AB of the Land Transport Act 1998, the Road Controlling Authority may prescribe fines, not exceeding $1,000 for the breach of any bylaw made under this section.

Schedule

Part 1 Clause 6 Interpretation

Diagram 1

Strategy and Policy Committee Meeting Agenda

7 September 2021

5.3 Treated Water Supply Bylaw - Recommendations for making new bylaw

File Number: A3290593

Author: Donald Sheppard, Sustainability Programme Coordinator

Authoriser: Darren Edwards, General Manager - Strategic Planning and Policy

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Strategy and Policy Committee to recommend to Council the adoption of the Treated water Supply Bylaw based on staff recommendations.

WhakarĀpopoto matua / Executive Summary

· On 25 February 2021, the Council agreed a bylaw is appropriate to regulate the supply of treated water in the Far North District. A new bylaw is needed because the current bylaw will revoke on 16 October 2021.

· On 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation.

· This consultation took place from 8 to 31 May 2021 and thirteen submissions were received.

· Council staff have analysed the submissions and recommend changes to the draft bylaw in response to these submissions (see Attachment 1).

· Attachment 2 is the proposed final new bylaw for adoption.

tŪtohunga / Recommendation

That the Strategy and Policy Committee recommend the Council:

a) agree to the recommendations in the Staff report on submissions and recommendations for consideration in Attachment 1 that:

i) No changes are made to clauses 6, 8, 10, 16, 17 to 19, 24, 26 to 30, 32 and 36 in the draft bylaw.

ii) Clause 4 is changed by:

1) Adding the words “This applies to the supply of treated water from council-owned water schemes, not privately owned schemes.” after “from misuse”:

iii) Clause 5 is changed by:

1) Adding a new definition:

“Drinking water emergency means a situation where water supply restrictions or interruptions may arise from:

(a) water supply shortage or drought; or

(b) water supply contamination or pollution; or

(c) water supply infrastructure emergency repair; or

(d) a natural failure or disruption to water supply which may endanger public health.

These emergencies may be initiated by the following authorities: The Minister of Health, the Medical Officer of Health, the Regional Council, the Council, and the Civil Defence Emergency Management Group”.

2) Adding a new “related information” box:

“In section 4 of the Civil Defence Emergency Management Act 2002 the definition of emergency includes failure or disruption to a lifeline utility. An entity that supplies or distributes water to inhabitants of a city or district is a lifeline utility.

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs but must notify the Medical Officer of Health within 24 hours and take all practicable steps to advise affected persons.

Section S69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk. The authorities include the Medical Officer of Health, Fire and Emergency New Zealand, and the Northland Regional Council.

S69ZZA of the Health Act 1956 provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

Section 329 of the Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes”.

3) Deleting subclause 5(2) and replacing with a new clause (clause 2):

“2. Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

(c) may be inserted, amended or removed without any formality.”

iv) Clause 7 is changed by:

1) Adding the following “related information” box after subclause (3):

“Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council”

v) Clause 9 is changed by:

1) Adding the words: “Customers can receive both ordinary and extraordinary supply” at the end of the existing “related information” box.

vi) Clause 11 is changed by:

1) Adding a new subclause “(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator”;

2) Adding a “related information” box after the new subclause (3):

“The Director General of Health maintains the drinking water register. Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers”

vii) Clause 12 is changed by:

1) Adding a “related information” box after subclause (2):

“Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties”.

viii) Clause 13 is changed by:

1) Adding a new “related information” box:

“The council applies a tolerance of ±3% to determine whether a customer’s water meter is reading correctly or incorrectly”.

ix) Clause 14 is changed by:

1) Adding the words “, excluding drinking water” after the words “treated water” in subclause (1);

2) Adding the following words to the “related information” box:

“The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water. As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland), as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water suppled can only be used for drinking or cooking, to wash clothes and take showers”.

x) Clause 15 is changed by:

1) Replacing subclause (1) with: “During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.”;

2) Adding a “related information” box after subclause (2):

“Examples of a drinking water emergency are when:

• drought or water supply shortage has been identified;

• water supply has been polluted or contaminated;

• water supply infrastructure requires emergency repairs;

• a natural failure or a disruption to the water supply occurs which is likely to endanger public health”.

xi) Clause 21 is changed by:

1) Replacing the words “in accordance with the following criteria” with “by considering the following matters”;

2) Replacing the word “assess” with “consider” in subclauses (2), (3), (4) and (5).

xii) Clause 22 is changed by:

1) In subclause (1) adding the words “or decline” after “may grant” and replacing the words “if it is satisfied the application meets the assessment criteria” with “at its sole discretion based on consideration of the factors”;

2) Deleting subclause (2) “The council may decline an application for an approval if it does not meet the assessment criteria in clause 22”.

xiii) Clause 23 is changed by:

1) Adding “, except where drinking water is involved” after “may be supplied” in paragraph (c).

xiv) Clause 25 is changed by:

1) Adding a new paragraph (b) in subclause (2) “providing any information requested by the council to demonstrate that any conditions under Clause 23 continue to be met”;

2) Adding a new subclause (2) “An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications”;

3) Adding a new subclause (3) “The application for renewal will be assessed based on consideration of the factors described in clause 21”.

xv) Clause 26 is changed by:

1) Adding a new subclause (3) “The application for amendment will be assessed based on consideration of the factors described in clause 21”.

xvi) Clause 28 is changed by:

1) Adding the words “or the health and safety of any person” after “the water supply system” in subclause (1) paragraph (b).

xvii) Clause 31 is changed by:

1) In subclause (3) deleting the words “5 working days” and substituting “10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days”;

2) In subclause (4) deleting the word “shall” and substituting the word “must”.

xviii) Clause 35 is changed by:

1) Deleting the amount “$20,0000” and substituting the amount “$20,000”.

xix) Clause 37 is changed by:

1) In subclause (1) adding the words “, except for ordinary supply approvals,” after the words “in clause 36”.

b) agree the Treated Water Supply Bylaw in attachment 2:

i) is the most appropriate form of bylaw; and

ii) the bylaw provisions are considered reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

c) under sections 145 and 146 of the Local Government Act 2002, make the Treated Water Supply Bylaw in Attachment 2.

1) TĀhuhu kŌrero / Background

On 25 February 2021, the Council resolved that a new bylaw is appropriate to regulate the supply of treated water in the Far North District (Resolution 2021/11 refers).

Subsequently, on 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation (Resolution 2021/14 refers).

This consultation took place from 8 to 31 May 2021 and thirteen submissions were received.

Two of the people who made written submissions asked to submit verbally to the Strategy and Policy Committee and a hearing was arranged to hear their views. However, neither of these people turned up to the hearing. Both people were subsequently approached to see if they wanted to present to another hearing, but both said they were happy not to present verbally. One person said they were comfortable with the summary of their views in the report in Attachment 1 and the other said they were satisfied the Council’s Legal Services Team would treat their questions as a request under the Local Government Official Information and Meetings Act 1987.

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of the bylaw

The report in Attachment 1 summarises the public submissions and makes recommended changes to the draft bylaw in response to these submissions. If these recommendations are agreed to, Council staff advise that the Treated Water Supply Bylaw in Attachment 2 is an appropriate form of bylaw for the purposes of section 155(2)(a) of the Local Government Act 2002.

Compliance with the New Zealand Bill of Rights Act 1990

An initial assessment of these implications was included in the Treated Water Supply Bylaw Proposal for Consultation [Objective reference: A3143529]. This assessment said:

“Part 2 of the New Zealand Bill of Rights Act 1990 sets out civil and political rights that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society.

The proposed new bylaw may give rise to implications for the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise (section 21 of the New Zealand Bill of Rights Act 1990). This is because the bylaw gives the Council powers to enter private land to inspect parts of the water supply system. However, the bylaw provisions are fully within the scope of powers the Council already has under sections 171 to 174 of the Local Government Act 2002 and section 332 of the Resource Management Act 1991.

Therefore, the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990”.

None of the recommended changes in the report in Attachment 1 have new implications under the New Zealand Bill of Rights Act 1990. Therefore, the initial assessment is now a final assessment and Council staff consider the bylaw provisions are reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

Timing for making the bylaw

The Council’s current Water Supply Bylaw will revoke on 16 October under section 160A of the Local Government Act 2002 because it was not reviewed by the date required under that Act. If the recommendations in this report are agreed to, the new Treated Water Supply Bylaw will be made before the current bylaw is revoked, ensuring ongoing regulation of the treated water supply.

Changes from the current bylaw to the new bylaw

The new Treated Water Supply Bylaw will be significantly different to the current Water Supply Bylaw 2009 as it will have:

· a simpler definition of the types of treated water supply

· new provisions about work around the Council’s water supply pipes (for example, building or excavation work)

· more detail about how to make applications to the Council, the criteria for granting approvals and the conditions the Council may put on an approval

· an explanation of peoples’ right to object to the Council’s water supply decisions

· removal of provisions covering protection of water catchment areas and wastage of water (because these areas are covered by national legislation)

· simpler language in line with modern legal drafting principles with some terminology updated; for example, permits are now called approvals

· less reference to technical details of the treated water supply – where relevant, cross reference is provided to the Council’s engineering standards where these technical details are set out.

Take Tūtohunga / Reason for the recommendation

The Treated Water Supply Bylaw in attachment 2 can be made, under sections 145 and 146 of the Local Government Act 2002, because, following the changes recommended in the report in attachment 1, it:

(a) is an appropriate form of bylaw; and

(b) the bylaw provisions will be reasonable limits on the rights in the New Zealand Bill of Rights Act 1990.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

The costs to implement the new bylaw will come from existing operational budgets.

Āpitihanga / Attachments

1. Analysis of submissions and recommendations - A3281584 ⇩

2. Final new bylaw for adoption - A3314818 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This proposal is not of high significance under the Significance and Engagement Policy. The proposed new bylaw will essentially maintain the status quo for water supply regulation.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	The Local Government Act 2002 prescribes the requirements for the Council to consult before it makes a bylaw. Public consultation has occurred, and the submissions received have been analysed with recommendations made to amend the draft bylaw.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	As there is reticulated water supply in all of the wards of the District the proposal has District-wide relevance and is not within the delegations of Community Boards to consider.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	Water supply is of importance to Māori, given water’s status as taonga. Before the public consultation period, tāngata whenua were informed of the new bylaw and invited to provide their input. Then, when formal consultation began, tāngata whenua were again invited to give their input. By ensuring the proposed bylaw reflects the concept and principles of Te Mana o te Wai, the final proposed bylaw recognises the significance of water to Māori.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	The following affected or interested people were notified of the public consultation on the new bylaw: · All those supplied with treated water from Far North District Council’s water schemes · Commercial suppliers of bulk water · Plumbers and drainlayers · Property developers and building companies · Community groups concerned about the supply of water to their communities · The District Health Board
State the financial implications and where budgetary provisions have been made to support this decision.	The costs to implement the new bylaw will come from existing operational budgets.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report.

1. Background

On 25 February 2021, the Council agreed a new bylaw is appropriate to regulate the supply of treated water in the Far North District. On 4 May 2021 the Strategy and Policy Committee approved a proposal for a new Treated Water Supply Bylaw to be released for public consultation. The period during which people could make submissions on the proposal was 8 to 31 May 2021. Thirteen submissions were received.

This report analyses the submissions and makes recommendations for amendments to the draft Treated Water Supply Bylaw. A numbered list of people who made submissions is in the Appendix and these numbers are used to refer to the individual submissions in the body of this report.

Council staff from the following teams contributed to the analysis of the submissions:

· Strategy Development

· 3 Waters Planning

· Infrastructure Planning

· Rating Services

Ventia, the Council’s Far North Waters Alliance partner, also provided advice on technical issues raised in the submissions.

2. Summary of submissions

Thirteen submissions were received, with eleven of these received online using a submissions form that asked people to say if they were “in favour”, “opposed” or “unsure” regarding the nine parts of the draft bylaw. Those general responses are summarised in the following table.

Part of the draft bylaw	Number of online submissions
Part of the draft bylaw	In favour	Opposed	Unsure	Total
1. Purpose and interpretation	5	4	2	11
2. Descriptions of the treated water supply system and its parts	5	5	1	11
3. Terms and conditions	4	6	1	11
4. Process for getting approvals	4	6	1	11
5. Protection of the water supply system from damage or misuse	4	5	2	11
6. Charges for water supply	3	5	3	11
7. Offences and penalties	4	5	2	11
8. Savings and transitional provisions	5	5	1	11
9. Diagrams illustrating parts of the water supply system	5	4	1	10 [1 submission did not comment on the diagrams]

Where the submissions opposed a Part and made suggestions for changes, those suggestions are included in the analysis in section 4 of this report.

The remaining two submissions were made offline. They were generally supportive of the draft bylaw, but suggested some changes to Parts 2, 3, 4 and 7 and are again included in the analysis in section 4 of this report.

3. General feedback

The following feedback was received that is not related to a specific clause in the draft bylaw.

3.1 Recognition of Te Mana o te Wai and the 3 Waters Reforms

Submission 10 said the draft bylaw needs to recognise Te Mana o te Wai. The submission also said the Council needs to recognise the 3 Waters Reforms in designing the bylaw.

Staff analysis

“Te Mana o te Wai” is a central concept of the National Policy Statement for Freshwater Management 2020. It is a statement of principles that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. These principles protect the mauri of the wai. Te Mana o te Wai is about restoring and preserving the balance between the water, the wider environment, and the community. There is a hierarchy of obligations within Te Mana o te Wai as follows:

· First, to the health and well-being of water bodies and freshwater ecosystems

· Second, to the health needs of people

· Third, to the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future

Council staff consider Te Mana o te Wai is recognised in the draft bylaw by:

· Enabling pre-emptive water restrictions to maintain minimum low flows in streams that supply the District’s water schemes. Northland Regional Council sets minimum low flow levels for streams to protect their health and ecology.

· Ensuring public health by:

o protecting the treated water system from contamination using backflow prevention devices

o stipulating that only the Council or its agents may make connections or repairs to the treated water supply

o requiring that all fittings are kept in good repair to avoid contamination of treated water

o establishing rules for work near water mains to prevent damage to these mains that could result in contamination of the water supply.

· Providing for the social and economic well-being of people and communities, for example by setting rules for bulk tanker operators to supply treated water to those not on the reticulated network.

In the report to the Council that recommended a new bylaw be made [25 February 2021, Agenda item 6.3, document number A3083951, pages 53 - 60 refers], Council staff acknowledged the 3 Water reforms may make the proposed bylaw obsolete at some stage. However, as it was unclear what these reforms will involve, the report recommended the Council should make a new bylaw to replace the current Water Supply Bylaw 2009 before it is automatically revoked on 16 October 2021. It is still unclear what the 3 Water reforms will involve and the recommendation to make a new bylaw still holds.

Staff recommendation

Council staff recommend no changes in response to this submission.

3.2 The proposed bylaw is in breach of the Treaty of Waitangi

Two submissions (3 and 4) asked for the following:

“An official internal independent investigation under the official information and privacy act into the treated water bylaw.

1.what treatment is going into our water supply?

2.is the water we are drinking 100% pure?

3.does the treatment have any effects on the human body?

4. what are the health concerns to our water being treated?

5. who are you supplying the treated water to?

6. who are the owners of the water you are supplying to the public?

7.has any communication negotiations between iwi and council [occurred] concerning their rights under the te tiri o waitangi 1840 concerning our waterways?

8.does the council have Maori wards in concerning indigenous rights to our waterways?

9. environmental law human rights acts indigenous rights acts te tiriti o waitangi 1840 must be uses concerning this treated water bylaw”

[We want] a full public report into this official investigation into the treated water bylaw to be made public”

Staff Analysis

These questions are being treated as a request under the Local Government Official Information and Meetings Act 1987 by the Council’s Legal Services Team. As these questions only indirectly apply to the proposed bylaw, they do not need to be considered in drafting the bylaw.

Staff Recommendation

Council staff recommend no changes in response to these submissions.

4. Analysis and recommendations regarding the bylaw wording

The following section analyses the submissions made about clauses in the draft bylaw and recommends how to address these submissions in the bylaw.

4.1 Clauses not referred to in submissions

No submissions were made about the following clauses in the draft bylaw:

· Clause 1 Title

· Clause 2 Commencement

· Clause 3 Application

· Clause 4 Purpose

· Clause 5 Interpretation

· Clause 6 Treated water supply system

· Clause 8 Point of supply for different types of ownership

· Clause 10 Supply of treated water for extinguishing fires

· Clause 16 No compensation for water restrictions

· Clause 17 Work on the treated water supply system

· Clause 18 Applications for supply

· Clause 19 Applications for other purposes

· Clause 24 Objections

· Clause 25 Renewing an approval

· Clause 26 Amending an approval

· Clause 27 Transferring of approval

· Clause 28 Suspending or cancelling an approval

· Clause 29 Other obligations not affected

· Clause 30 No connection to other water supplies or fittings

· Clause 32 Prevention of contamination

· Clause 36 Water supply bylaw revoked

4.2 Staff recommendations for drafting clarification

Legal advice was received suggesting a number of amendments to clarify the meaning of several clauses, as covered below

Re Clause 4 Purpose

Council staff recommend adding the following words to clause 4 “This applies to the supply of treated water from council-owned water schemes, not privately owned schemes” as shown by the Track Changes below:

“The purpose of the bylaw is to:

(a) fairly and efficiently manage treated water supply in the district;

(b) ensure public health and safety;

(d) protect the public from nuisance; and

(e) protect the treated water supply system from misuse.

This applies to the supply of treated water from council-owned water schemes, not privately owned schemes”

Subclause 5 (2) to be replaced with a new clause 2

Council staff recommend a minor drafting change to subclause (2) of Clause 5 (Interpretation). This subclause describes what the “Related information” boxes in the bylaw do. This is better placed at the start of the bylaw and could be worded more clearly. Staff therefore recommend subclause (2) be deleted from clause 5 and a new clause 2 inserted into the bylaw as follows:

“2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

This will result in all subsequent clauses in the bylaw being renumbered. However, this report uses the clause numbers as they were in the draft bylaw that was published for consultation.

Clause 21 to be amended

Council staff recommend a number of minor changes to clause 21 (Assessment of applications) to make clear that this clause does not refer to “assessment criteria” but to “considerations” by council. These changes are shown by the Track Changes below:

“The council must assess all applications for approvals ~~in accordance with the following criteria~~ by considering the following matters as applicable to the application –

(a) the purpose for which the water will be used;

(b) how much water is required;

(c) any documented record of the applicant's non-compliance with this bylaw or any previous water supply bylaw, or approvals granted under such bylaws;

(d) whether approving the application could detrimentally affect the council’s ability to supply treated water at the volume and/or pressure required for firefighting;

(e) whether the approval may negatively affect the safe and efficient operation of the treated water supply system, the health and safety of any person, or the environment.

(2) When assessing applications to take bulk water from tanker filling points (see clause 10(1)(a)) the council must also ~~assess~~ consider –

(a) the suitability of the water tanker for transporting bulk water; and

(b) the location the water will be transported to.

(3) When assessing applications to take water from metered standpipes on hydrants (see clause 11(1)(b)) the council must also ~~assess~~ consider whether there are any suitable alternative options to source the treated water.

(4) When assessing applications for a temporary exemption from water restrictions or prohibitions (see clause 18(d)) the council must also ~~assess~~ consider whether the restrictions have, or are they likely to have, a significant negative impact on the applicant’s business or personal situation.

(5) When assessing applications for approval to do work over or near the treated water supply system (see clause 17(3) to (7)) the council must also ~~assess~~ consider whether the work can be carried out safely without damaging council’s assets if appropriate conditions are put in place.”

Clause 22 to be amended

Council staff recommend changing clause 22 (Deciding on an application) to make clear that this clause does not refer to “assessment criteria” but to “considerations” by council and to simplify the wording. These changes are shown by the Track Changes below:

· “(1) The council may grant or decline an application for an approval ~~if it satisfied the~~ ~~application meets the assessment criteria~~ at its sole discretion based on consideration of the factors described in clause 22.

· ~~(2) The council may decline an application for an approval if it does not meet the assessment criteria in clause 22.~~

· (2) An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides that a refund (or partial refund) is reasonable in the circumstances.”

Clause 25 to be amended

Council staff recommend amending clause 25 (Renewing an approval) to make its requirements clearer and to cross-refer to clauses 22 and 23. These changes are shown by the Track Changes below:

“(1) If an approval has a condition specifying a duration for the approval, the person granted the approval may apply to the council to renew the approval, before the end of its duration, by:

(a) informing the council, in writing, the approval is still necessary; and

(b) providing any information requested by the council ~~demonstrating~~ to demonstrate that any conditions under Clause 23 ~~are being met~~ continue to be met.

(2) An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application will be assessed based on consideration of the factors described in clause 21.”

Clause 26 to be amended

Council staff recommend amending clause 25 (Amending an approval) to indicate that the considerations listed in clause 21 will apply when council assesses the application. These changes are shown by the Track Changes below:

“(1) A person granted an approval may –

(a) at any time within the duration of the approval; or

(b) at any time if the approval does not have a duration specified in its conditions –

apply to the council to amend the approval or its conditions.

(2) An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application will be assessed based on consideration of the factors described in clause 21”

Clause 28 to be amended

Council staff recommend adding the words “or the health and safety of any person” after “the water supply system” in subclause (1)(b) of clause 28 (Suspending or cancelling an approval) as indicated using track changes below:

“(1) The council may suspend or cancel an approval if –

(a) any conditions are not being met;

(b) the approval is affecting the efficient and safe operation of the water supply system or the health and safety of any person.”

4.3 Submissions on clauses in the draft bylaw

Clause 7 Point of supply

Clause 7 describes the point of supply of treated water to customers, which marks the boundary of responsibility between the customer and council.

Submission received

Submission 11 noted that Figure Two in the Schedule to the draft bylaw (which illustrates the point of supply) shows they “may have ownership and responsibility of the supply pipe outside of our legal boundary”. They suggested the responsibility of each party should commence at the legal boundary.

Staff analysis

Operational staff confirm that 400mm of the customer’s service pipe is on Council property. As the diagram below shows, the point of supply within the meter box is just after the meter reader. The Council cannot be responsible for a section of pipe after the meter reader and it would be impracticable to have a meter box partially in public land and partially in private land so that the point of supply is exactly on the legal boundary.

Staff recommendation

Amend clause 7 by adding the following “related information” box after subclause (3):

Related information

Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council.

“Tracked changes” to the clause as recommended to be amended

(1) The point of supply to an individual customer is the point on the service pipe which marks the boundary of responsibility between the customer and council.

(2) As described in the engineering standards the point of supply to the customer should normally be located on the road reserve boundary. This applies to all properties including properties on rear sections accessed by a right of way.

(3) The typical layout of the fittings at the point of supply is illustrated in Part 2 of the Schedule to this bylaw.

Related information

(4) Where there is a backflow prevention device then the point of supply is the point which is directly downstream of the backflow prevention device.

(5) Where there is no backflow prevention device then the point of supply is the point which is directly downstream of the water meter.

Clause 9 Types of treated water supply

Clause 9 defines two types of supply that can be provided from the Council’s water supply system, namely ordinary and extraordinary supply.

Submission received

One submission (11) commented that the definitions meant their water supply is “extraordinary supply” and asked the Council to clarify the specific conditions and limitations for their extraordinary supply.

Staff analysis

The submission has not correctly interpreted the definition. The customer currently receives both ordinary and extraordinary supply. However, clause 9 does not specifically state that customers can have both ordinary and extraordinary supply, which may be why this customer misinterpreted the definition. Council staff have contacted this customer and discussed the conditions and limitations of their supply. The customer is seeking some certainty about their supply during times of drought and the Council’s staff will develop suitable terms of supply with the customer for this purpose.

Staff recommendation

Amend the “related information” box after clause 9(5) by adding the words: “Customers can receive both ordinary and extraordinary supply.”

“Tracked changes” to the clause as recommended to be amended

Related information

Examples of extraordinary supply include treated water used for the following purposes:

· filling a residential spa or swimming pool

· water for a fixed residential garden irrigation system

· irrigation water used for agriculture, horticulture or viticulture

· commercial and industrial purposes other than for drinking water

· fire protection systems within buildings

Customers can receive both ordinary and extraordinary supply.

Clause 11 Other types of water supply

Clause 11 states there are other types of supply other than ordinary and extraordinary supply which people must apply for, namely bulk supply of water from tanker filling points and water supply from metered standpipes on hydrants.

Submission received

One submission (12) noted that bulk water tanker operators must be registered with the drinking water regulator.

Staff analysis

Council staff have determined bulk water carriers must be on the drinking water register maintained by the Director-General of Health.

Staff recommendation

Amend clause 11 by adding the following new subclause (3) and “related information” box:

“(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator.”

Related information

The Director-General of Health maintains the drinking water register. Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which in to bulk water carriers.

“Tracked changes” to the clause as recommended to be amended

(1) Other than water used for ordinary or extraordinary supply, and water used for firefighting purposes, the council may supply two other types of treated water:

(a) bulk supply of water from tanker filling points;

(b) water supply from metered standpipes on hydrants.

(2) A person who wants water supplied under subclause (1) must apply to the council for approval of that supply.

(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator.

Related information

The Director General of Health maintains the drinking water register. Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers.

Clause 12 Interruptions to the supply made by council

Clause 12 describes planned and unplanned interruptions made by the Council to ordinary or extraordinary supply. Planned interruptions are for planned maintenance or other planned work, while unplanned interruptions are to carry out emergency inspections or repair work on the treated water supply system. This clause says that 24 hours’ notice must be given by the Council for planned interruptions, while no notice is required for unplanned interruptions.

Submissions received

Two submissions (11 and 12) commented on clause 12. Both suggested different notice periods for the interruption of supply. Submission 11 suggested 48 hours for planned interruptions and 4 hours for unplanned interruptions. Submission 12 suggested planned interruptions should not last for more than 8 hours to be consistent with section 69S(3) of the Health Act 1956.

Staff analysis

The Council’s operational staff advise that 48 hours’ notice is normally given for planned interruptions, but occasionally this is not possible, and 24 hours’ notice is appropriate as a minimum. Submission 12 is correct, the maximum period for a planned interruption, as stated in the Health Act 1956, is 8 hours.

As unplanned interruptions are required to carry out emergency work, providing advance notice is not possible. However, staff are working on improving real-time communication with customers using digital platforms to alert them to these unplanned interruptions.

Staff recommendation

Amend clause 12 by adding the following “related information” box after subclause (2):

Related information

Section 69S(3) of the Health Act 1956 states a maximum timeframe of 8 hours for a planned interruption to supply, after which the supplier must have taken all reasonable steps to notify affected parties.

“Tracked changes” to the clause as recommended to be amended

(1) The council may interrupt the ordinary or extraordinary supply of treated water for the following purposes:

(a) planned maintenance or other work (“planned interruptions”); or

(b) to carry out emergency inspections or repair work on the treated water supply system, to ensure the health or safety of any person, or to avoid or minimise damage to the system or property (“unplanned interruptions”).

(2) For planned interruptions the council will take all reasonable steps to provide 24 hours’ written notice of the interruption and plan the work to minimise disruption and inconvenience to the customer.

Related information

(3) For unplanned interruptions, the council may interrupt the water supply without first notifying the customer.

(4) If a customer has a need for an uninterrupted level of supply (in terms of flow, pressure, or quality), it is the responsibility of that customer to provide any storage, back-up facilities, or equipment necessary to provide that level of supply.

Clause 13 Meters

Clause 13 states that if a customer suspects a meter is inaccurate, they can apply to the Council to have it tested and if a meter is found to be reading incorrectly after testing, the Council may make an adjustment to the customer's account.

Submission received

Submission 9 suggested that testing of meters should be undertaken proactively by Council staff, rather than in response to customer requests.

Staff analysis

Council staff proactively ensure that meters are functioning accurately in two main ways:

· Planned meter renewals – on an annual basis older or high usage meters are replaced with new meters to ensure readings are accurate.

· Reviewing water bills before invoicing – all water bills are reviewed before invoicing. This process identifies unusual (high or low) readings that may suggest a meter has been misread or is not functioning correctly.

Staff received legal advice that “permissible tolerances” for testing water meters mentioned in subclause (4) should be defined.

Staff recommendation

Include a “related information” box after subclause 4:

Related information

The council applies a tolerance of ± 3% to determine whether a customer’s water meter is reading incorrectly

“Tracked changes” to the clause as recommended to be amended

All ordinary supply and extraordinary supply of water to any property must have a water meter except where council has approved otherwise.

(2) The customer must keep the meter clear and readily readable at all times.

(3) Any customer who disputes the accuracy of a meter or restrictor may apply to the council for it to be tested, provided that it is not within six months of the last test.

(4) If a meter, after being tested, is found to be reading incorrectly, the council may make an adjustment to the customer's account in accordance with the test results after due allowance for permissible tolerances.

Related information

The council applies a tolerance of ± 3% to determine whether a customer’s water meter is reading incorrectly.

Clause 14 Demand management

Clause 14 refers to restrictions the Council may put in place to manage the demand for treated water. For example, restrictions may be applied if the raw water supply is low due to low rainfall, or if a major leak requiring maintenance work is detected in the water supply system.

Submissions received

Submissions 9 and 11 said that clause 14 needs to state the Council will provide an adequate supply of drinking water as required under the Health Act 1956. Submission 12 said this clause should refer to the Health Act 1956 which says that a water supplier cannot “restrict the supply of drinking water to less than an adequate supply for non-payment of fees”.

Staff analysis

The Council has received legal advice confirming it can put in place restrictions on the supply of non-potable water before a drought or other emergency is declared. This is for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water.

Council staff agree the bylaw should make it clearer that ‘demand management’ cannot restrict the adequate supply of drinking water. Staff also consider that clause 14 should state that restrictions or prohibitions can cover any purpose (except drinking water), any period and apply to any of council’s customers

The draft bylaw does not have provisions to restrict water supply for non-payment of fees. The Council has received legal advice that these matters are already covered in the Health Act 1956 and the Local Government Act 2002 and therefore do not need to be included in the bylaw.

Staff recommendation

Make the following changes to clause 14:

1. Add a new subclause (1):

“(1) If required to reduce demand for treated water, the council may restrict or prohibit the use of treated water for:

(a) any specified purpose, excluding drinking water; or

(b) any specified period; or

2. In subclause (2) - previously subclause (1) - add the words “, excluding drinking water” after the words “treated water”.

3. Add the following text to the “related information” box:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water supplied can only be used for drinking or cooking, to wash clothes and take showers”

“Tracked changes” to the clause as recommended to be amended

(1) If required to reduce demand for treated water, the council may restrict or prohibit the use of treated water for:

(a) any specified purpose, excluding drinking water; or

(b) any specified period; or

(2) The customer must comply with any restrictions advised by the council to manage the demand for treated water, excluding drinking water.

(3) Such restrictions will be advised by public notice.

Related information

The Council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water.

For example, restrictions may be applied if the raw water supply is low due to low rainfall, or if a major leak requiring maintenance work is detected in the water mains.

As of June 2021, these restrictions are explained on the waterwise website (Be water wise | Be water wise Northland) as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water supplied can only be used for drinking or cooking, to wash clothes and take showers

Clause 15 Emergency water restrictions

Clause 15 describes emergency restrictions that may be applied by the Council in a drinking water emergency; for example, when a drought is declared or if the water supply is contaminated.

Submission received

Submission 11 asked for a definition of the term “emergency” in the bylaw and noted that emergency water restrictions can only be declared by the Minister of Health under section 69ZZA of the Health Act.

Staff analysis

Council staff consider that a definition of “drinking water emergency” and an explanation of the various ways that a drinking water emergency can be declared should be included in the bylaw to provide clarity for customers.

Staff recommendation

1. Make the following changes to clause 15:

(a) Replace subclause (1) with: “(1) During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.”

(b) Add a “related information” box after subclause (2):

Related information

Examples of a drinking water emergency are when:

· drought or water supply shortage has been identified;

· water supply has been polluted or contaminated;

· water supply infrastructure requires emergency repairs;

· a natural failure or a disruption to the water supply occurs which is likely to endanger public health

2. In clause 5 (Interpretation), insert the following definition of drinking water emergency and a “related information” box, in the appropriate alphabetical order:

“Drinking water emergency means a situation where water supply restrictions or interruptions may arise from:

(a) water supply shortage or drought; or

(b) water supply contamination or pollution; or

(d) a natural failure or disruption to water supply which may endanger public health.

These emergencies may be initiated by following authorities: the Minister of Health, the Medical Officer of Health, the Regional Council, the council, and the Civil Defence Emergency Management Group.”

Related information

In section 4 of the Civil Defence Emergency Management Act 2002 the definition of emergency includes failure or disruption to a lifeline utility. An entity that supplies or distributes water to inhabitants of a city or district is a lifeline utility.

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs, but must notify the medical officer of health within 24 hours, and take all practicable steps to advise affected persons.

Section 69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk. The authorities include the medical officer of health, Fire and Emergency New Zealand, and the Northland Regional Council.

Section 69ZZA of the Health Act 1956 provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

Section 329 of the Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes.

“Tracked changes” to the clause as recommended to be amended

(1) ~~During an emergency the council may restrict, interrupt or prohibit the use of treated water. for any specified purpose, for any specified period, and for any its customers~~ During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.

(2) Restrictions or prohibitions made under subclause (1) will be advised by public notice unless otherwise permitted by emergency legislation.

Related information

Examples of a drinking water emergency are when:

· drought or water supply shortage has been identified;

· water supply has been polluted or contaminated;

· water supply infrastructure requires emergency repairs;

· a natural failure or a disruption to the water supply occurs which is likely to endanger public health

Clause 20 Making an application

Clause 20 describes the three key elements required in an application for approval – completing the form required by the Council, paying the applicable fee and including all information required by the Council.

Submission received

Submission 9 said the form required by the Council should be “user-friendly, easy to understand, and very clear what information is necessary”. This submission also said that refunds should apply: a) a partial refund if the Council fails to provide an answer in the agreed time and b) a full refund if an approval is not possible to maintain, through no fault of the customer.

Staff analysis

Council staff agree the application form should be user friendly, easy to understand and very clear. This will be addressed as part of the implementation of the new bylaw.

In terms of offering refunds, the Council’s fees are set on a cost recovery basis reflecting the work involved to grant an approval. Therefore, it would not be appropriate to partly or fully refund these fees.

Staff recommendation

No change.

Clause 21 Assessment of applications

Clause 21 sets out how applications will be assessed including applications to take bulk water from tanker filling points.

Submission received

Submission 12 noted that water tanker operators must have a current registration with the drinking water regulator.

Staff analysis

This submission also related to clause 11 and is addressed in the analysis and recommendation about that clause.

Staff recommendation

No change.

Clause 22 Deciding on an application

· Clause 22 states the Council may grant an application for an approval if it is satisfied the application meets the assessment criteria described in clause 21.

Submission received

Submission 9 said there should be a set timeframe for council to respond – “maybe 20 working days”.

Staff analysis

The Council’s operational staff do not recommend a specific processing timeframe be stated, due to the variability of connections applications, which often require input from contractors where the time required to receive this input is out of Council’s control. Staff endeavour to process connection applications as efficiently as possible.

Staff recommendation

No change.

Clause 23 Conditions placed on approvals

Clause 23 states the Council may include conditions on an approval relating to the purpose for which the supply of treated water is approved, the duration of the approval, the quantity of water that may be supplied, and any other relevant matters.

Submission received

Submission 11 said “This clause potentially contradicts the Health Act, by placing a condition on the quantity of water supplied where it falls below the minimum that provides an adequate supply of drinking water”.

Staff analysis

It is not the intention of this clause for the quantity of drinking water to be restricted below an adequate supply. The wording of the clause should make this clear.

Staff recommendation

Amend subclause 23(c) by adding the words “, except where drinking water is involved”.

“Tracked changes” to the clause as recommended to be amended

The council may include conditions on any approval for any one or more of the following matters:

(a) the purpose for which the supply of treated water is approved;

(b) the duration of the approval;

(d) any other matter the council considers is reasonable to ensure efficient and safe operation of the treated water supply system.

Clause 31 Fittings to be in good repair

This clause states the Council may require a customer to repair pipes and fittings that are faulty, and the customer must comply with a notice to repair within 5 working days.

Submission received

Submission 9 said that 10 to 15 days would be fairer than 5 days to conduct repairs. They also suggested the Council should support those who lack available finances to conduct this work: “If the occupier fails to carry out the work due to lack of available finances the council will support the occupier with a claim to WINZ for assistance and supply a plumber at a reasonable price to carry out the works”.

Staff analysis

The Council’s operational staff recognise that, in general, a longer period than 5 working days would be fairer for customers. However, shorter timeframes are needed where water loss is an issue.

Council staff recognise that some customers may struggle to pay for repairs. Support could include the Council writing a letter to WINZ explaining why the repair is required. However, supplying a plumber at a reasonable price would be outside the Council’s role. These matters can be addressed on a case-by-case basis and will be considered as part of the implementation of the new bylaw.

Council staff discovered a typographical error in subclause (4), the word “shall” should be the word “must” in accordance with current legislation drafting style.

Staff recommendations

Make the following changes to clause 31:

1. In subclause (3) delete the words “5 working days” and substituting the words “10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days”.

2. In subclause (4) delete the word “shall” and substitute the word “must”.

“Tracked changes” to the clause as recommended to be amended

(1) A person must not allow any pipe, tap, or other fitting connected with the water supply on their premises to be out of repair or in any way defective so that water is wasted, misused or contaminated.

(2) Where, in the opinion of the council, any pipe, appliance or fitting connected to the water system at any premises:

(a) has deteriorated; or

(b) is of inferior quality or workmanship; or

(d) is insufficient for the proper supply of water

the council may require, by notice in writing, the customer to carry out any work the council considers is necessary to remedy the pipe, appliance or fitting.

(3) The customer must comply with a notice given under subclause (2) within ~~5 working days~~ 10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days.

(4) Subject to the provisions of the Local Government Act 2002, the customer ~~shall~~ must allow the council and its agents to enter the property with or without equipment, access any area of the property for the purposes of determining compliance with these requirements.

Related information

Under section 171(1) of the Local Government Act 2002 the council cannot enter a dwelling house to determine compliance.

(5) If the occupier fails to carry out the work required by the council, the council or its agent may make the repair at the occupier’s expense.

Clause 33 Access to inspect and maintain

Clause 33 says the Council may enter private land to read water meters and to inspect, test, or maintain the treated water supply system. In addition, under emergency conditions the Council may enter private land without notice at any hour to maintain or repair the treated water supply system.

Submission received

Submission 9 suggested the time of day for an entry onto private land should be agreed with the owner.

Staff analysis

Agreeing a time of day with an owner would unnecessarily restrict the ability for staff to efficiently carry out their work such as meter reading or tracing water leaks. Giving 24 hours’ notice, as currently stated in subclauses (1) and (2), should allow the owner or occupier to inform the Council if there are any issues that Council staff should be aware of when entering the property. In an emergency situation under subclause (3), urgency is required and giving notice or agreeing a time would be inappropriate.

Staff recommendation

No change.

Clause 34 Charges

Clause 34 states the charges relating to the treated water supply system are listed in the council’s Fees and Charges Policy.

Submission received

Submission 2 said that “No upper limit on charging … is problematic”

Staff analysis

Under section 150(4) of the Local Government Act 2002 the Council is not allowed to recover more than the reasonable costs incurred for the matter for which the fee is charged. In effect this does place an upper limit on the fees that are charged.

Staff recommendation

No change.

Clause 35 Offences

Clause 35 states that people who fail to comply with the bylaw commit an offence and under the Local Government Act 2002 they are liable on conviction, to “a fine not exceeding $20,0000”.

Submissions received

Submission 13 pointed out that the maximum amount of a fine in the draft bylaw is ‘$20,0000’ (i.e. with an additional zero) not $20,000. In addition, two submissions (8 and 9) said there is no need for any penalties.

Staff analysis

There is a typographical error in the amount of the fine.

The penalties for breach of a bylaw are stated in the Local Government Act 2002 and the “related information” box after clause 35 accurately refers to those provisions. Council staff are trained to use other methods to ensure compliance, with penalties only applied as a last resort for serious offenders.

Staff recommendation

Amend the “related information” box after clause 35 by deleting the term “$20,0000” and substituting the term “$20,000”.

“Tracked changes” to the clause as recommended to be amended

Any person who breaches this bylaw commits an offence under section 239 of the Local Government Act 2002.

Related information

A person who is convicted of an offence of breaching this bylaw is liable to a fine of up to ~~$20,0000~~ $20,000 under section 242 (4) of the Local Government Act 2002.

Examples of breaches of this bylaw include:

· use of ordinary supply for extraordinary purposes,

· use of extraordinary supply for purposes other than specified by council

· not meeting the conditions of an approval

· not complying with a restriction or prohibition on the use of treated water without a temporary exemption granted by the council

· work on the treated water supply system without an approval

· connecting to or disconnecting from the treated water supply system without approval

· failure to remedy deficient pipes

Clause 37 Applications, approvals etc under previous bylaw

Clause 37 states that licences, permits and approvals granted under the previous Water Supply Bylaw will continue until their date of expiry or, if no expiry date is specified, they will expire 12 months after the new bylaw commences. Also, any applications made before the new bylaw commences will be dealt with by the Council as if they were made under the new bylaw.

Submission received

Submission 11 asked for specific confirmation of the licences, permits, dispensations, permissions or other forms of approval that apply to their premises and to clarify what happens when their current approval expires.

Staff analysis

· Operational staff are discussing the specific details of the arrangements directly with the person who made the submission. In addition, this enquiry indicated that the new bylaw needs to clarify that arrangements for ordinary supply made under the previous Water Supply Bylaw will not expire.

Staff recommendation

In subclause (1) add the words “, except for ordinary supply approvals,” after the words “in clause 36”.

“Tracked changes” to the clause as recommended to be amended

(1) Every licence, permit, dispensation, permission or other form of approval granted under the Water Supply Bylaw revoked in clause 36, except for ordinary supply approvals, that were in force immediately before the commencement of this bylaw, continues in force as if it is an approval of that kind issued under this bylaw; but:

(a) it expires on the date specified in that approval; or

(b) if no expiry date is specified, it expires on the date 12 months after the commencement of this bylaw.

(2) Any application for a licence, permit, dispensation, permission or other form of approval made under the Water Supply Bylaw revoked in clause 36, filed before the day on which this bylaw commenced, must be dealt with by the council as if it was made under this bylaw.

(3) Any meter which was installed by the customer before the commencement of this bylaw must continue to be maintained by the customer until it is, in the opinion of council, no longer fit for use, when it will be replaced by a council meter.

APPENDIX 1 – LIST OF SUBMISSIONS RECEIVED

Number	Full name	Organisation
1	Llani Harding	Individual submission
2	Greg Smith	Individual submission
3	Rosana Pou Ferguson	Manuel Pou Family Whanau Trust
4	Francis Jackie Pou Maroroa	Manuel Pou Family Whanau Trust
5	Jonathan Natusch	Individual submission
6	Michaela Radenkovic	Individual submission
7	Yvonne Steinemann	Individual submission
8	Carl Mather	Individual submission
9	Carol Sumner	Individual submission
10	John Tiatoa	Ministry for the Environment
11	Ricki Freemantle	Department of Corrections
12	Dr Bart Willems	Nga Tai Ora - Public Health Northland
13	Rolf Mueller-Glodde	Individual submission

Strategy and Policy Committee Meeting Agenda

7 September 2021

Treated Water Supply Bylaw

Governing Body of Far North District Council

Resolution in Council 23 September 2021.

Under sections 145 and 146 of the Local Government Act 2002 the Governing Body of the Far North District Council made the following bylaw about treated water supply.

The bylaw is due for review by 23 September 2026.

Contents

Clause Description Page

1 Title 4

2 Related information boxes 4

3 Commencement 4

4 Application 4

Part 1: Preliminary provisions

5 Purpose 4

6 Interpretation 4

Part 2: The treated water supply system

7 Treated water supply system 7

8 Point of supply 7

9 Point of supply for different types of ownership 8

10 Types of treated water supply 8

11 Supply of treated water for extinguishing fires 8

12 Other types of water supply 9

13 Interruptions to the supply made by council 9

14 Meters 9

Part 3: Terms and conditions of supply

15 Demand management 10

16 Emergency water restrictions 10

17 No compensation for water restrictions 10

18 Work on the treated water supply system 10

19 Applications for supply 11

Part 4: Approvals

20 Applications for other purposes 11

21 Making an application 11

22 Assessment of applications 12

23 Deciding on an application 12

24 Conditions placed on approvals 12

25 Objections 12

26 Renewing an approval 13

27 Amending an approval 13

28 Transferring of approval 13

29 Suspending or cancelling an approval 13

30 Other obligations not affected 14

Part 5: Protection of the treated water supply system

31 No connection to other water supplies or fittings 14

32 Fittings to be in good repair 14

33 Prevention of contamination 14

34 Access by council staff to the point of supply and private land 15

Part 6: Charges

35 Charges 15

Part 7: Offences and penalties

36 Offences 15

Part 8: Savings and transitional provisions

37 Water supply bylaw revoked 15

38 Applications, approvals etc under previous bylaw 15

Schedule

39 Diagrams illustrating parts of the water supply system 16

Schedule: Diagrams illustrating parts of the water supply system 17

1 Title

This bylaw is the Treated Water Supply Bylaw.

2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3 Commencement

This bylaw comes into force two working days after the date it is made by the governing body of the Far North District Council.

Related information

This bylaw is due for review by 23 September 2026.

4 Application

This bylaw applies to the district of the Far North District Council.

Part 1: Preliminary provisions

5 Purpose

The purpose of the bylaw is to:

(a) fairly and efficiently manage treated water supply in the district;

(b) ensure public health and safety;

(d) protect the public from nuisance; and

(e) protect the treated water supply system from misuse.

6 Interpretation

(1) In this bylaw, unless the context otherwise requires, -

approval means an approval granted under this bylaw and includes all conditions to which the approval is subject

backflow means the unplanned reversal of the flow of water or mixtures of water and contaminants back into the treated water supply system

backflow prevention device means a testable device that prevents backflow and, for the purpose of this bylaw, a backflow prevention device refers to those devices installed at the property boundary

council means the governing body of Far North District Council, or any person delegated to act on its behalf

customer means a person who uses, or has obtained the right to use or direct the manner of or use of, treated water that is supplied by the council

direct connection includes any arrangement of pipes, hoses, or fittings, temporary or otherwise which may cause backflow into the council’s water supply system

drinking water has the same meaning as in section 69G of the Health Act 1956

Related information

As at 29 June 2021, the definition is:

Drinking water

(a) means—

(i) water that is potable; or

(ii) in the case of water available for supply, water that is—

(A) held out by its supplier as being suitable for drinking and other forms of domestic and food preparation use, whether in New Zealand or overseas; or

(B) supplied to people known by its supplier to have no reasonably available and affordable source of water suitable for drinking and other forms of domestic and food preparation use other than the supplier and to be likely to use some of it for drinking and other forms of domestic and food preparation use; but

(b) while standards applying to bottled water are in force under the Food Act 2014, does not include—

(i) any bottled water that is covered by those standards; or

(ii) any bottled water that is exported; and

(c) to avoid doubt, does not include any water used by animals or for irrigation purposes that does not enter a dwelling house or other building in which water is drunk by people or in which other domestic and food preparation use occur”

Drinking water emergency means a situation where water supply restrictions or interruptions may arise from –

(a) a water supply shortage or drought; or

(b) contamination or pollution to the water supply; or

(d) a natural failure or disruption to the water supply which may endanger public health.

These emergencies may be initiated by the following authorities: the Minister of Health, the Medical Officer of Health, the Northland Regional Council, the council, and the Civil Defence Emergency Management Group.

Related information

Section 69S of the Health Act 1956 provides the council may restrict or interrupt the supply of water in the event of emergency repairs, but must notify the Medical Officer of Health within 24 hours, and take all practicable steps to advise affected persons.

Section 69T of the Health Act 1956 provides the council must notify authorities if it identifies or foresees a risk to the adequate supply of drinking water and request these authorities apply their powers to mitigate the water supply risk. The authorities include the Medical Officer of Health, Fire and Emergency New Zealand, and the Northland Regional Council.

Section 69ZZA of the Health Act provides for the Minister of Health to declare a drinking water emergency if there is a serious risk of harm to public health arising from drinking water or if there is a lack of drinking water available.

Section 329 Resource Management Act 1991 provides the Northland Regional Council the right to issue water shortage directions which may restrict water takes.

extraordinary supply has the meaning set out in clause 10(5) of this bylaw

engineering standards means the council’s Engineering Standards and Guidelines 2004 (revised March 2009)

Related information

The council’s Engineering Standards and Guidelines can be located on the Far North District Council website and/or viewed in hardcopy at all of our office locations in the Far North area (see link below):

Online: www.fndc.govt.nz/Our-Services/Water-Services-in-the-Far-North/Engineering-standards Part 6, Water Supply

Office locations: https://www.fndc.govt.nz/Contact/Council-Service-Centres

fire hydrant has the same meaning as in section 2 of the New Zealand Fire Service Firefighting Water Supplies Code of Practice 2008

Related information

As at 31 July 2008 the definition is:

“…means an assembly usually contained in a pit or box below ground level and comprising a valve and outlet connection from a water main, to permit a controlled supply of water for firefighting. A pillar upstand connected to a water main and fitted with a valve and instantaneous coupling(s) adaptor will also constitute a fire hydrant. This does not include ball-type fire hydrants”

occupier has the same meaning as in section 2(1) of the Local Government Act 1974

Related information

As at 1 April 2021, the definition is:

"…in relation to any property, means the inhabitant occupier of that property"

on demand supply has the meaning set out in clause 10 of this bylaw

owner has the same meaning as in section 2(1) of the Local Government Act 1974

Related information

As at 1 April 2021, the definition is:

"... in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent."

ordinary supply has the meaning set out in clause 10(3) of this bylaw

point of supply has the meaning set out in clause 8 of this bylaw

potable in relation to drinking water, has the same meaning as in section 69G of the Health Act 1956

Related information

As at as at 29 June 2021, the definition is:

“means water that does not contain or exhibit any determinants to any extent that exceeds the maximum acceptable values (other than aesthetic guideline values) specified in the drinking-water standards”

public notice has the same meaning as in section 5 of the Local Government Act 2002

Related information

As at as at 01 July 2021, the definition is:

Public notice, in relation to a notice given by a local authority,—

(a) means a notice published in—

(i) 1 or more daily newspapers circulating in the region or district of the local authority; or

(ii) 1 or more other newspapers that have at least an equivalent circulation in that region or district to the daily newspapers circulating in that region or district; and

(b) includes any other public notice that the local authority thinks desirable in the circumstances

public water line means any service pipe or water main associated with the treated water supply system

restrictor means a flow control device fitted to the service pipe to limit the flow rate of water to a customer’s premises

service pipe means the section of water pipe between a water main and the point of supply

standpipe means a rigidly supported vertical length of pipe connected to a water main, emerging from the ground with a tap or valve, serving as an outdoor water supply point

treated water supply system has the meaning set out in clause 7 of this bylaw

zone of influence means that section of the ground along the alignment of a buried public water line extending both horizontally and vertically where –

(a) settlement or disturbance of the ground surrounding the public water line may cause damage to buildings on the surface above; and

(b) loads from buildings on the surface could be transmitted to the public water line; and

Related information

Part 3 of the Schedule to this bylaw has an illustration that shows the extent of the zone of influence.

(2) The Interpretation Act 1999 applies to this bylaw.

Part 2: The treated water supply system

7 Treated water supply system

(1) The treated water supply system includes all components of the treated water distribution network from treatment plants to the point of supply to the customer, including but not limited to water mains, pump stations and pumps, valves, hydrants, service pipes, water meters and backflow prevention devices.

(2) An example of the treated water supply system is illustrated in Part 1 of the Schedule to this bylaw.

8 Point of supply

(1) The point of supply to an individual customer is the point on the service pipe which marks the boundary of responsibility between the customer and council.

(3) The typical layout of the fittings at the point of supply is illustrated in Part 2 of the Schedule to this bylaw.

Related information

Approximately 400mm of the service pipe between the meter reader and the customer’s pipe is technically on council-owned property. Any work required by the customer on this section of the customer’s pipe is acceptable to the council.

(4) Where there is a backflow prevention device then the point of supply is the point which is directly downstream of the backflow prevention device.

(5) Where there is no backflow prevention device then the point of supply is the point which is directly downstream of the water meter.

9 Point of supply for different types of ownership

(1) The nature of the point of supply for different forms of property ownership is –

(a) For a single owner – only one point of supply;

(b) For company share, body corporate – only one point of supply;

(d) For commercial properties in multiple occupation or ownership – to be agreed on a case-by-case basis;

(e) For commercial and industrial properties with both fire and service connections – to be agreed on a case-by-case basis.

(2) For supply that was approved before the date of commencement of this bylaw, the point of supply is the arrangement existing at that time, or as determined by an agreement with the council for any individual case.

10 Types of treated water supply

(1) On demand supply to a property is a supply of treated water that is available on demand directly from the point of supply. There are two types of on demand supply: ordinary and extraordinary supply.

(2) A person who requires on demand supply must apply to the council for approval for a connection to the treated water supply system.

(3) Ordinary supply includes treated water used for the following purposes –

(a) drinking water; or

(b) use of a hose to wash a car, boat etc. at a residential property; or

(d) watering of a residential garden by a portable sprinkler, subject to the provisions of clauses 15 and 16 which relate to restrictions and prohibitions on the use of treated water.

(4) No person may use any water supplied as ordinary supply for any other purposes.

(5) Extraordinary supply is all purposes, other than ordinary supply, for which treated water from the point of supply is used and the extraordinary supply may be subject to specific conditions and limitations as determined by Council.

Related information

Examples of extraordinary supply include treated water used for the following purposes:

· filling a residential spa or swimming pool

· water for a fixed residential garden irrigation system

· irrigation water used for agriculture, horticulture or viticulture

· commercial and industrial purposes other than for drinking water

· fire protection systems within buildings

Customers can receive both ordinary and extraordinary supply.

(6) No person may use any water supplied as an extraordinary supply for purposes other than the purpose stated in the approval.

(7) The council is under no obligation to provide or continue to provide any extraordinary supply of water.

11 Supply of treated water for extinguishing fires

(1) Only Fire and Emergency New Zealand personnel may gain access to, and draw water from, any fire hydrant.

Related information

Use of fire hydrants by untrained personnel can result in damage to the water supply system.

(2) Where the council provides unmetered connections for fire hydrants and fire protection systems, the connections must not be used for any other purpose and must be independent of any service connection to a property.

12 Other types of water supply

(1) Other than water used for ordinary or extraordinary supply, and water used for firefighting purposes, the council may supply two other types of treated water –

(a) bulk supply of water from tanker filling points;

(b) water supply from metered standpipes on hydrants.

(2) A person who wants water supplied under subclause (1) must apply to the council for approval to access that supply.

(3) A person who wants water supplied under subclause (1)(a) must be registered with the drinking water regulator.

Related information

The Director-General of Health maintains the drinking water register. Under section 69G of the Health Act 1956, the drinking water register means the register of drinking water suppliers and supplies maintained under section 69J of the Health Act 1956, which includes bulk water carriers.

13 Interruptions to the supply made by council

(1) The council may interrupt the ordinary or extraordinary supply of treated water for the following purposes –

(a) planned maintenance or other work (“planned interruptions”); or

Related information

(3) For unplanned interruptions, the council may interrupt the water supply without first notifying the customer.

14 Meters

(1) All ordinary supply and extraordinary supply of water to any property must have a water meter except where council has approved otherwise.

(2) The customer must keep the meter clear and readily readable at all times.

(3) Any customer who disputes the accuracy of a meter or restrictor may apply to the council for it to be tested, provided that it is not within six months of the last test.

(4) If a meter, after being tested, is found to be reading incorrectly, the council may make an adjustment to the customer's account in accordance with the test results after due allowance for permissible tolerances.

Related information

The council applies a tolerance of ± 3% to determine whether a customer’s water meter is reading incorrectly.

Part 3: Terms and conditions of supply

15 Demand management

(1) The customer must comply with any restrictions advised by the council to manage the demand for treated water, excluding drinking water.

(2) Such restrictions will be advised by public notice.

Related information

The council can put in place treated water restrictions for health and safety reasons under section 145 of the Local Government Act 2002 as a precautionary step to avoid running out of water. For example, restrictions may be applied if the raw water supply is low due to low rainfall, or if a major leak requiring maintenance work is detected in the water mains.

As at July 2021, these restrictions are explained on the waterwise website Be water wise | Be water wise Northland as follows:

Level Two: No sprinklers

Level Three: No hoses or sprinklers

Level Four: Essential use only - water supplied can only be used for drinking or cooking, to wash clothes and take showers

16 Emergency water restrictions

(1) During a drinking water emergency, the council may restrict, interrupt or prohibit the use of treated water.

(2) Restrictions or prohibitions made under subclause (1) will be advised by public notice unless otherwise permitted by emergency legislation.

Related information

Examples of a drinking water emergency are when:

· a drought or water supply shortage has been identified;

· the water supply has been polluted or contaminated;

· the water supply infrastructure requires emergency repairs;

· a natural failure or a disruption to the water supply occurs which is likely to endanger public health

17 No compensation for water restrictions

In the case of any restriction or prohibition described in clauses 15 and 16 no customer shall be entitled to any payment or compensation from the council.

18 Work on the treated water supply system

(1) A person must not carry out any work on the treated water supply system except in accordance with an approval granted to them.

(2) The following work may only be done by the council or its agent –

(a) Connections, alterations to connections, or repairs to connections to the treated water supply system;

(b) Disconnections from the treated water supply system;

(3) A person must not construct a building over a public water line, whether on public or private land, except in accordance with an approval granted to them.

(4) A person must not construct a building within the zone of influence except in accordance with an approval granted to them.

(5) A building developer may apply for an approval to divert a public water line if –

(a) the diversion will be done in accordance with the engineering standards; and

(b) the developer will pay all the costs of the work.

(6) A person must not –

(a) cause the crushing load imposed on a public water line to exceed that which would arise from the soil overburden plus an HN-HO-72 wheel or axle load (as defined by New Zealand Transport Agency Bridge Manual 3rd edition 2013); or

(b) place any additional material over or near a public water line; or

except in accordance with an approval granted to them.

(7) A person must not excavate or carry out piling or similar work closer than –

(a) 5 metres from the centre line of any water main; or

(b) 2 metres from the centre line of any service pipe –

except in accordance with an approval granted to them.

Part 4: Approvals

19 Applications for supply

A written application to the council must be made for –

(a) connections to, or disconnections from, an ordinary or extraordinary supply (see clause 10);

(b) a change of use of an ordinary or extraordinary supply;

20 Applications for other purposes

Other than an application under clause 19, an application must be made to the council for an approval for any of the following purposes –

(a) to request any changes to the fittings or placement of fittings for an ordinary or extraordinary supply;

Related information

For example, this could include installing a new water meter, changing the position of a water meter, removing a water meter, or relocating the point of supply or the service pipe

(b) to work over or near the treated water supply system (see clause 18(3) to (7));

(d) to ask for a temporary exemption from a water restriction or prohibition (see clauses 15 and 16).

21 Making an application

(1) An application for an approval required by this bylaw must be made to the council by the person who needs the approval (“the applicant”) and –

(a) be in the form required by the council; and

(b) be accompanied by the applicable fee set in the council’s Fees and Charges Policy; and

Related information

The Fees and Charges Policy can be read at this link: https://www.fndc.govt.nz/files/assets/public/objectivedocuments/policy-and-planning-pol/ltp-and-annual-plans/fees-and-charges/fees-and-charges.pdf

(2) An application is not treated as being made until all the provisions in this clause have been complied with.

22 Assessment of applications

(1) The council must assess all applications for approvals by considering the following matters as applicable to the application –

(a) the purpose for which the water will be used;

(b) how much water is required;

(c) any documented record of the applicant's non-compliance with this bylaw or any previous water supply bylaw, or approvals granted under such bylaws;

(d) whether approving the application could detrimentally affect the council’s ability to supply treated water at the volume and/or pressure required for firefighting;

(e) whether the approval may negatively affect the safe and efficient operation of the treated water supply system, the health and safety of any person, or the environment.

(2) When assessing applications to take bulk water from tanker filling points (see clause 11(1)(a)) the council must also consider –

(a) the suitability of the water tanker for transporting bulk water; and

(b) the location the water will be transported to.

(3) When assessing applications to take water from metered standpipes on hydrants (see clause 12(1)(b)) the council must also consider whether there are any suitable alternative options to source the treated water.

(4) When assessing applications for a temporary exemption from water restrictions or prohibitions (see clause 18(d)) the council must also consider whether the restrictions have, or are they likely to have, a significant negative impact on the applicant’s business or personal situation.

(5) When assessing applications for approval to do work over or near the treated water supply system (see clause 18(3) to (7)) the council must also consider whether the work can be carried out safely without damaging council’s assets if appropriate conditions are put in place.

23 Deciding on an application

(1) The council may grant or decline an application for an approval at its sole discretion based on consideration of the factors described in clause 22.

(2) An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides that a refund (or partial refund) is reasonable in the circumstances.

24 Conditions placed on approvals

The council may include conditions on any approval for any one or more of the following matters –

(a) the purpose for which the supply of treated water is approved:

(b) the duration of the approval:

(d) any other matter the council considers is reasonable to ensure efficient and safe operation of the treated water supply system.

25 Objections

(1) An applicant may object to the council –

(a) about a decision to decline an approval by lodging an objection in writing within 20 working days after the date of the decision; or

(b) about a condition of an approval by lodging an objection in writing within 20 working days after the date of the decision.

(2) The council will make a decision on an objection within 20 working days of the date the objection is received and will provide the decision in writing to the applicant. The decision must include the reasons for the decision.

(3) Nothing in this clause affects the right of an applicant to apply for judicial review of a decision to decline an application for an approval or a decision to include conditions on an approval.

26 Renewing an approval

(1) If an approval has a condition specifying a duration for the approval, the person granted the approval may apply to the council to renew the approval, before the end of its duration, by:

(a) informing the council, in writing, the approval is still necessary; and

(b) providing any information requested by the council to demonstrate that any conditions under Clause 24 continue to be met.

(2) An application for renewal must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application for renewal will be assessed based on consideration of the factors described in clause 22.

27 Amending an approval

(1) A person granted an approval may –

(a) at any time within the duration of the approval; or

(b) at any time if the approval does not have a duration specified in its conditions –

apply to the council to amend the approval or its conditions.

(2) An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications.

(3) The application for amendment will be assessed based on consideration of the factors described in clause 22.

28 Transferring of approval

Approvals are not transferable.

Related information

For example, a customer granted approval for an ordinary supply cannot supply their neighbour with water from this supply.

29 Suspending or cancelling an approval

(1) The council may suspend or cancel an approval if –

(a) any conditions are not being met;

(b) the approval is affecting the efficient and safe operation of the water supply system or the health and safety of any person.

(2) The suspension or cancellation takes effect from the date the person who was granted the approval receives written notice of the council’s decision to suspend or cancel the approval. The notice must include the reasons for the council’s decision.

(3) Suspending or cancelling an approval does not affect the council’s powers to take other enforcement action under this bylaw or any other legislation for the acts or omissions that were the reasons for the suspension or cancellation.

(4) The person who was granted an approval that is suspended or cancelled under this clause may object to the council about the suspension or cancellation by lodging an objection in writing within 20 working days after the date of the suspension or cancellation.

(5) The council will make a decision on an objection within 20 working dates of the date the objection is received and will provide the decision, in writing, to the applicant. The decision must include the reasons for the decision.

(6) Nothing in subclauses (4) or (5) affects the right of the person to apply for judicial review of a decision to suspend or cancel an approval.

(7) Any fees paid for the approval are not refundable if the council suspends or cancels the approval.

30 Other obligations not affected

An approval does not affect or limit the obligations of any person to comply with any legislation or regulatory requirements that applies to the matters covered by the approval.

Part 5: Protection of the treated water supply system

31 No connection to other water supplies or fittings

(1) No person other than council or its agents may connect to the treated water supply system without an approval from the council.

(2) No person other than council or its agents may make or maintain a direct connection between the treated water supply system and any drainage system, sanitary fitting, or any apparatus used for the reception or conveyance of any liquid, gas, or drawn water.

32 Fittings to be in good repair

(2) Where, in the opinion of the council, any pipe, appliance or fitting connected to the water system at any premises –

(a) has deteriorated; or

(b) is of inferior quality or workmanship; or

(d) is insufficient for the proper supply of water –

the council may require, by notice in writing, the customer to carry out any work the council considers is necessary to remedy the pipe, appliance or fitting.

(3) The customer must comply with a notice given under subclause (2) within 10 working days, except if the notice is given under subclause (2)(c), where the customer must comply within 5 working days.

(4) Subject to the provisions of the Local Government Act 2002, the customer must allow the council and its agents to enter the property with or without equipment, access any area of the property for the purposes of determining compliance with these requirements.

Related information

Under section 171(1) of the Local Government Act 2002 the council cannot enter a dwelling house to determine compliance.

(5) If the occupier fails to carry out the work required by the council, the council or its agent may make the repair at the occupier’s expense.

33 Prevention of contamination

(1) Every customer must prevent backflow either by providing an adequate air gap or by using a backflow prevention device.

Related information

Under clause G12.3.2 of the Building Code (Schedule 1 of the Building Regulations 1992) all buildings are required to have equipment installed to prevent contamination of the water supply system. This equipment is usually in the form of a backflow prevention device. Technical details regarding backflow prevention devices are included in the engineering standards.

(2) No person may return, or allow to return, any water drawn from the council’s water supply system to any main or pipe or any other part of the treated water supply system.

34 Access to inspect and maintain

(1) In order to read meters, the council may enter private land within 24 hours of providing notice to the owner or occupier. The council will read meters between the hours of 8am and 6pm.

(2) In order to inspect, test, or maintain the treated water supply system, the council may enter private land 24 hours after providing notice to the owner or occupier. The council will inspect, test or maintain the system between the hours of 8am to 6pm.

(3) Under emergency conditions the council may enter private land without notice to the owner or occupier to maintain or repair the treated water supply system. This may occur at any hour.

Part 6: Charges

35 Charges

Charges involving the treated water supply system are listed in the council’s Fees and Charges.

Related information

These charges can be found on the council’s website at https://www.fndc.govt.nz/files/assets/public/objectivedocuments/policy-and-planning-pol/ltp-and-annual-plans/fees-and-charges/fees-and-charges.pdf

Part 7: Offences and penalties

36 Offences

Any person who breaches this bylaw commits an offence under section 239 of the Local Government Act 2002.

Related information

A person who is convicted of an offence of breaching this bylaw is liable to a fine of up to $20,000 under section 242(4) of the Local Government Act 2002. Examples of breaches of this bylaw include:

· use of ordinary supply for extraordinary purposes

· use of extraordinary supply for purposes other than specified by the council

· not meeting the conditions of an approval

· not complying with a restriction or prohibition on the use of treated water without a temporary exemption granted by the council

· work on the treated water supply system without an approval

· connecting to or disconnecting from the treated water supply system without an approval

· failure to remedy deficient pipes

Part 8: Savings and transitional provisions

37 Water supply bylaw revoked

The Water Supply Bylaw made by the council on 16 October 2009 and all amendments made to that bylaw are revoked.

38 Applications, approvals etc under previous bylaw

(1) Every licence, permit, dispensation, permission or other form of approval granted under the Water Supply Bylaw revoked in clause 37, except for ordinary supply approvals, that was in force immediately before the commencement of this bylaw, continues in force as if it is an approval of that kind issued under this bylaw; but –

(a) it expires on the date specified in that approval; or

(b) if no expiry date is specified, it expires on the date 12 months after the commencement of this bylaw.

(2) Any application for a licence, permit, dispensation, permission or other form of approval made under the Water Supply Bylaw revoked in clause 37, filed before the day on which this bylaw commenced, must be dealt with by the council as if it was made under this bylaw.

(3) Any meter which was installed by the customer before the commencement of this bylaw must continue to be maintained by the customer until it is, in the opinion of council, no longer fit for use, when it will be replaced by a council meter.

Schedule: Diagrams illustrating parts of the water supply system

Clauses 5, 6, 7, 8, 9 and 18

The Schedule is included solely to assist in understanding the meaning of some provisions of this bylaw, it has no legal effect and if there is an inconsistency between the content of the Schedule and the provisions of this bylaw, the provisions of this bylaw prevail.

Part 1: Treated water supply system

Illustration of the components of the treated water supply system.

Part 2: Point of supply layout

Illustration of typical layout of the fittings at the point of supply.

Part 3: Zone of influence

Illustration of the zone of influence around a public water line.

Strategy and Policy Committee Meeting Agenda

7 September 2021

Context

The governing body of the Far North District Council (“the Council”) made a Parking and Traffic Control Bylaw on 17 June 2010. The bylaw was made under the Local Government Act 2002. Under that Act, the bylaw was due for review by 17 June 2020. It was not reviewed, and therefore will be automatically revoked on 17 June 2022 under section 160A of the Local Government Act 2002.

The population of the Far North District has grown significantly in the past 10 years from 59,000 in 2010 to 71,000 in 2020. Most of the increase has occurred since 2014 with at least 2% increase in population per year and most new residents are in the three largest towns: Kaitāia, Kaikohe and Kerikeri^{^[1]}. Increasing urbanisation of parts of the Far North District has resulted in more private motor vehicles travelling into, or through, the urban areas. This has then created:

· competition for the use of space in central business districts between private motor vehicles and other transport modes, or commercial or recreational activities

· congestion on the limited number of routes into and through central business districts at “peak” times.

An Integrated Transport Strategy for the Far North District – that aims to address a range of transport problems – was endorsed by the governing body of the Council on 10 December 2020. One of the strategic responses in the Strategy is: “Changing demographics and land uses increases pressure to provide better and safer transport networks and more travel choices.”. Detailed development of the strategic responses in the Integrated Transport Strategy has begun, but will not be completed before the Parking and Traffic Control Bylaw is revoked on 17 June 2022. On 20 May 2021, the Council therefore decided to make two new bylaws to replace the Parking and Traffic Control Bylaw before it is revoked. Information about the Council’s decision can be read at this link: https://infocouncil.fndc.govt.nz/Open/2021/05/SPC_20210504_MIN_2395_WEB.htm

The proposal

The Council proposes to make a new bylaw, under section 22AB of the Land Transport Act 1998, to restrict or prohibit parking on roads and prescribe conditions for the use of parking places by:

· limiting the period of time that vehicles may park on any part of the road

· limiting the parking of vehicles on some roads to vehicles of any specified class or description, or specifying only vehicles of a certain class are permitted to use any parking place

· regulating any other parking-related matters including matters to enhance or promote road safety, or provide protection for the environment.

Reasons for the proposal

Until such time as the Integrated Transport Strategy is implemented, the best way to address the problems (of competition for use of space and congestion in the District’s urban areas) is to maintain the controls that already exist. This is because, without the benefit of higher-level policy to guide decision-making, there is a risk any new controls that are developed will either under- or over-regulate and lead to outcomes that cause unnecessary cost to the Council and community. For example, in the absence of policies on travel demand management it would be difficult to determine where the best location is for creating new parking spaces. A new bylaw will therefore continue the existing controls to allow time for the Integrated Transport Strategy to be implemented and new controls developed as part of that implementation.

Analysis of the options

The Council considers “doing nothing” is not a reasonably practicable option. The current bylaw will be automatically revoked on 17 June 2022 and all the existing parking regulation will cease to have effect. A new bylaw is required. There are two reasonably practicable options for making a new bylaw described below. Under either of the options, the new bylaw will:

· not duplicate other legislation, e.g. rules made under the Land Transport Act 1998

· continue existing restrictions and controls without amendment, except to correct errors (e.g. incorrect description of locations) or update wording to be consistent with legislation

· meet best practice drafting standards as advocated by the Parliamentary Counsel Office.

Option One: Make one new bylaw under Land Transport Act 1998 and Local Government Act 2002

This option would be maintaining the status quo because the existing bylaw was made under both Acts. Under this option the new bylaw would therefore also include “traffic control” matters. While it is good practice to avoid making multiple regulations when one will do, in this instance there would be four separate topics covered in one bylaw: parking, road use (“traffic control”), mobile shops, and other uses of public places near roads. This may restrict the flexibility to respond to future changes – changing one part of a bylaw inevitably leaves room for people to advocate changes to other parts and potentially lengthen the amendment process unnecessarily. The length of the bylaw may also make it difficult for users to browse and easily find provisions that are relevant to them.

Option Two: Make two new bylaws – one dealing with parking and one dealing with road use – under the Land Transport Act 1998

Under this option, regulation of parking would be separated from the other road use regulation. The volume of parking spaces, time limits and possible future provisions (e.g. parking fees) means a parking bylaw will be a long document and likely to require regular amendments to respond to the demands of the transport network. Also, responsibility for the enforcement of parking restrictions and other road uses is split between the Council and the Police. The Council is only responsible for enforcement of parking and a small number of other minor offences. All other road use matters are dealt with by the Police. It is therefore better for parking to be regulated in a stand-alone bylaw for ease of enforcement. A second bylaw would deal with all the other aspects of road use (“traffic control”), including the use of public places adjacent to roads.

Section 22AB of the Land Transport Act 1998 gives the Council broad powers to make bylaws regulating all aspects of road use. The transport legislation is extensive (the Land Transport Act 1998, plus numerous regulations and rules) in regulating roads, traffic and the behaviour of road users. It is highly unlikely the transport legislation has missed or overlooked any particular problem or matter that should be regulated. It is therefore not necessary for the bylaw to also be made under the Local Government Act 2002.

Costs and benefits (advantages and disadvantages)

The costs and benefits of both options are roughly the same. The resources required to develop and implement a single bylaw vs two bylaws are the same, if the two bylaws are done at the same time, i.e. there is no duplication of costs for public consultation. Similarly, if two bylaws are done at the same time the cost to the community is the same as it would be for a single bylaw, i.e. cost of involvement in consultation and cost of any changes to behaviour required by the new bylaw/s. Both options will address the problems of competition for space and congestion in the urban areas of the District. The benefits of option two are slightly higher because:

· clarity about the scope of the regulation will make the bylaws easier for people to understand

· separate bylaws reflect the split of enforcement responsibilities between the Council and the Police

· there will be more flexibility to respond to changes in the transport network by amending the bylaws

· bylaws made under the Land Transport Act 1998 are not subject to the mandatory reviews that apply to bylaws made under the Local Government Act 2002 and the risk of the bylaws being automatically revoked due to not being reviewed will be avoided.

Impacts on tāngata whenua and te ao Māori

The impacts on tāngata whenua from the regulation of parking are similar to the impacts on communities generally. The impacts will mostly occur when new parking spaces are proposed to be created and therefore will be considered in the implementation of the Integrated Transport Strategy.

Decision on options

On 20 May 2021, under section 155(1) of the Local Government Act 2002, the governing body of the Far North District Council determined that two new bylaws regulating parking and road use, made under the Land Transport Act 1998, are the most appropriate way of addressing the problems of:

· competition for space in the central business districts

· congestion in the central business districts.

Proposed Parking Bylaw

A draft of the proposed Parking Bylaw is included in this proposal.

New Zealand Bill of Rights Act 1990 implications

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. The proposed Parking Bylaw may give rise to implications for the following rights (section numbers are references to the sections in the New Zealand Bill of Rights Act 1990):

· section 19 – right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993

· section 21 – right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence.

The Council will fully assess these implications before it makes the Parking Bylaw. The preliminary assessment is:

· section 19 rights – the bylaw’s provisions for specified parking spaces to be used only by people with disabilities are permitted under section 19(2) as “measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged”

· section 21 rights – the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

How to give your views on the proposal

The Council encourages any person or organisation affected by, or having an interest in, the Parking Bylaw to present their views on the proposal to the Council by making a submission. Submissions can be made by using any of the following methods:

· online at the Council’s website www.fndc.govt.nz/have-your-say

· email your submission to submissions@fndc.govt.nz

· drop-off your submission at any Council service centre or library, details of their locations and opening times are listed at www.fndc.govt.nz/contact or you can get that information by phoning the Council on 0800 920 029

· post your submission to: Strategy Development Team, Far North District Council, Private Bag 752, Kaikohe 0440

· make an oral presentation of your submission at a meeting of the Council’s Strategy and Policy Committee

Please include your full name and email address or postal address in your submission if you want:

· the Council to acknowledge receipt of your submission

· to make an oral presentation – you will be contacted about when and where the meetings for this are taking place.

Privacy statement – Please be aware, any submissions that are made on the new Road Use Bylaw become part of the public consultation process. As such, all submissions, any summaries of submissions, and any documents provided with your submission, are copied and made available to the Council’s governing body as well as the public. Any personal information included with a submission, such as your name, is treated as part of the submission and will also be released publicly. Your submission and any personal information that you supply, such as your name, will not be treated as confidential unless you specifically request it in your submission.

Draft Parking Bylaw

The draft of the proposed bylaw is as follows:

Parking Bylaw

Contents

Clause Title

1 Title

2 Related information boxes

3 Commencement

4 Application

Part 1: Preliminary provisions

5 Purpose

6 Interpretation

Part 2: Prohibited, restricted or limited parking

7 Places where parking is prohibited for all vehicles

8 Places where parking is restricted to certain types of vehicles

Part 3: Time restricted parking

9 Short-stay parking restrictions (P5 – P30)

10 Long-stay parking restrictions (more than P30)

11 Places where parking restricted to certain times of the day or year

Part 4: Parking places

12 Use of parking places

Part 5: Approvals

13 Approval to use parking space

14 Conditions on approval

15 Amendment of approval

16 Suspending or cancelling approval

Part 6: Enforcement, offences and penalties

17 Removal of vehicles in breach of bylaw

18 Offences under transport legislation

Part 7: Savings and transitional provisions

19 Parking and Traffic Control Bylaw revoked in part

20 Applications, approvals etc under revoked bylaw

Schedules

21 Roads that have parking restrictions, limits or prohibitions

22 Amendments to Schedules

Schedule 1 – Roads, or parts of roads, where parking is prohibited

View Schedule 1

Schedule 2 – Roads, or parts of roads, where parking is restricted to certain types of vehicles

View Schedule 2

Schedule 3 – Roads, or parts of roads, where parking time is restricted

View Schedule 3

Schedule 4 – Parking places

View Schedule 4

Schedule 5 – Parking restrictions or prohibitions grouped by town or area

View Schedule 5

1 Title

This bylaw is the Parking Bylaw.

2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3 Commencement

This bylaw comes into force 2 days after the date it is made by the governing body of the Far North District Council.

Related information

This bylaw is due for review by [date to come].

4 Application

This bylaw applies to the district of the Far North District Council.

Related information

This bylaw does not apply to roads in the district that are state highways. State highways are regulated by Waka Kotahi (New Zealand Transport Agency).

Part 1: Preliminary provisions

5 Purpose

The purpose of this bylaw is to restrict or prohibit parking on roads and prescribe conditions for the use of parking places by –

(a) limiting the period of time that vehicles may park on any part of the road:

(b) limiting the parking of vehicles on some roads to vehicles of any specified class or description, or specifying only vehicles of a certain class are permitted to use any parking place:

(c) regulating any parking-related matters including (but not limited to) charges for the use of parking places, enhancing or promoting road safety and providing protection for the environment.

6 Interpretation

(1) In this bylaw, unless the context otherwise requires, –

approval means an approval granted under this bylaw and includes all conditions to which the approval is subject.

approved disabled person’s parking permit has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is: means a disabled person’s parking permit or mobility parking permit —

(a) issued by CCS Disability Action Incorporated or Sommerville Centre for Special Needs Wanganui Incorporated; or

(b) approved by the territorial authority having control of the parking area.

council means the governing body of the Far North District Council, or any person delegated to act on its behalf.

electric vehicle has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is: means a motor vehicle with motive power wholly or partly derived from an external source of electricity.

emergency vehicle has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is: means a vehicle used for attendance at emergencies and operated —

(a) by an enforcement officer:

(b) by an ambulance service:

(d) as a civil defence emergency vehicle:

(e) as a defence force emergency vehicle.

goods vehicle has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is: means a motor vehicle that is —

(a) designed exclusively or principally for the carriage of goods; or

(b) used for the collection or delivery of goods in the course of trade.

motorcycle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is:

(a) means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and

(b) includes a vehicle with motorcycle controls that is approved as a motorcycle by Waka Kotahi; but

parking warden means a person appointed by the council as a parking warden under section 128D of the Land Transport Act 1998.

passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is:

(a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but

(b) does not include—

(i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

(ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules.

The term “passenger service” is also defined in section 2(1) of the Land Transport Act 1998.

road has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is:

Road includes—

(a) a street; and

(b) a motorway; and

(d) a place to which the public have access, whether as of right or not; and

(e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and

(f) all sites at which vehicles may be weighed for the purposes of this Act or any other enactment.

small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is: means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver).

trailer has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is:

(a) means a vehicle without motive power that is capable of being drawn or propelled by a vehicle from which it is readily detachable; but

(b) does not include—

(i) a sidecar attached to a motorcycle; or

(ii) a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.

vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is:

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

(b) includes a hovercraft, a skateboard, in-line skates, and roller skates; 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 wheelchair not propelled by mechanical power:

(ix) any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

(x) any rail vehicle.

(2) The Interpretation Act 1999 applies to this bylaw.

Related information

This means that words or phrases used in this bylaw that are defined in the Interpretation Act 1999 have the meanings given in that Act. For example, section 29 of that Act defines “person” as "includes a corporation sole, a body corporate, and an unincorporated body".

Part 2: Prohibited, restricted or limited parking

Related information

“Keep clear” areas are not included in this bylaw because they are created under clause 10.6 of the Land Transport Rule: Traffic Control Devices 2004. Clause 10.6 is as follows:

10.6 ‘Keep Clear’ zone at intersections

10.6(1) A road controlling authority may mark the road surface of an intersection, or a place used as a vehicle entrance or exit, to indicate the area that a road user must not enter when the road user’s intended passage through that area is blocked by traffic.

10.6(2) An area in 10.6(1) must be marked, in compliance with Schedule 2, by means of either:

(a) yellow reflectorised material in the form of diagonal crosshatched markings; or

(b) the words ‘keep clear’ marked between lines that define the area.

7 Places where parking is prohibited

(1) A person is prohibited from stopping, standing, or parking a vehicle on roads or parts of roads listed in Schedule 1 that are marked with broken yellow lines parallel to, and at a distance of not more than one metre from, the edge of the roadway.

Related information

These places may also have “No parking” signs erected.

(2) Where Schedule 1 specifies a class or description of vehicle, subclause (1) only applies to vehicles of that class or description.

(3) Where Schedule 1 restricts parking to specified dates or times, subclause (1) only applies during those specified dates times.

8 Places where parking is restricted to certain types of vehicles

(1) A person is prohibited from stopping, standing or parking a vehicle, other than a goods vehicle, on the roads, or parts of roads listed in Part A of Schedule 2 that have loading zone signs erected. If Part A of Schedule 2 specifies a time period, a person may only stop, stand, or park a goods vehicle for that specified period.

Related information

These places may also be marked on the roadway with broken yellow lines. Under clause 6.4(2) of the Land Transport (Road User) Rule 2004, a sign that relates to a loading zone applies between the hours of 8am and 6pm on days other than public holidays, unless otherwise specified on the sign or on a supplementary sign. Under clause 6.16(1) of the Land Transport (Road User) Rule 2004, a driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a loading zone —

(a) if the vehicle is not a goods vehicle; or

(b) if the driver leaves the vehicle unattended for more than five minutes or any period longer than that specified on the sign; or

(2) A person is prohibited from stopping, standing or parking a vehicle, other than a vehicle displaying an approved disabled person’s parking permit, on the roads, or parts of roads listed in Part B of Schedule 2 that have signs erected with the disabled symbol on them. If Part B of Schedule 2 specifies a time period, a person may only stop, stand, or park the vehicle displaying an approved disabled person’s parking permit for that specified period.

Related information

Under clause 6.4(1A) of the Land Transport (Road User) Rule 2004 a person must not park a vehicle in a place reserved for vehicles displaying an approved disabled person’s parking permit unless the driver or a passenger is disabled and the permit is prominently displayed in the vehicle.

(3) A person is prohibited from stopping, standing or parking a vehicle, other than a passenger service vehicle, on the roads, or parts of roads listed in Part C of Schedule 2 that have bus stop signs erected. If Part C specifies a time period, a person may only stop, stand, or park a passenger service vehicle for that specified time period.

Related information

These places may also be marked on the roadway with broken yellow lines. Under clauses 6.8(2) and (3) and 6.15(3) of the Land Transport (Road User) Rule 2004, a bus may stop or stand within six metres of a bus stop sign, or, if the area in which stopping or standing is marked out is longer or shorter than six metres, the driver or person in charge of the bus must not leave the vehicle unattended on the area. Under clause 6.8(1) of the Land Transport (Road User) Rule 2004, a driver or person in charge of a vehicle other than a bus must not stop, stand, or park the vehicle within 6 metres of a bus stop sign.

(4) A person is prohibited from stopping, standing or parking a vehicle, other than a small passenger service vehicle, on the roads, or parts of roads listed in Part D of Schedule 2 that have Taxi or Small PSV signs erected. If Part D of Schedule 2 specifies a time period, a person may only stop, stand, or park a small passenger service vehicle for that specified time period.

Related information

These places may also be marked on the roadway with broken yellow lines. Ride sharing services, such as Uber, are small passenger service vehicles and can park on places with “Taxi” signs.

(5) A person is prohibited from stopping, standing or parking a vehicle, other than an emergency vehicle, on the roads, or parts of roads listed in Part E of Schedule 2 that have Emergency Vehicles signs erected.

Related information

These places may also be marked on the roadway with broken yellow lines.

(6) A person is prohibited from stopping, standing or parking a vehicle, other than a boat trailer, on the roads, or parts of roads listed in Part F of Schedule 2 that have Boat trailer signs erected. In this subclause “boat trailer” means a vehicle –

(a) designed and constructed for the carriage of a boat; and

(b) without motive power that is capable of being drawn or propelled by a vehicle from which it is readily detachable.

(7) A person is prohibited from stopping, standing or parking a vehicle, other than an electric vehicle, on the roads, or parts of roads listed in Part G of Schedule 2 that have signs with the electric vehicle charging symbol erected.

Related information

There are some places provided for electric vehicle charging in off-road carparks or on private land that are not listed in the Schedule, all EV charging places can be seen on the map at this link:

https://charge.net.nz/map/

(8) A person is prohibited from stopping, standing or parking a vehicle on the roads, or parts of roads listed in Part H of Schedule 2 that have Authorised Vehicle signs erected, unless the vehicle is displaying a label from the council showing approval for the vehicle to stop, stand or park there. If Part H of Schedule 2 specifies a time period, a person may only stop, stand, or park a vehicle for that specified time period.

Part 3: Time restricted parking

Related information

Under clause 6.4(2) of the Land Transport (Road User) Rule 2004, a sign that incorporates the symbol “P” on the top of the sign, or relates to a loading zone, applies between the hours of 8am and 6pm on days other than public holidays, unless otherwise specified on the sign or on a supplementary sign. All other signs apply at all hours of the day and night, unless a time period is specified on the sign.

9 Short-stay parking restrictions (P5 – P30)

A person must not stop, stand or park a vehicle on the roads or parts of roads listed in Part A of Schedule 3 with a P sign erected for more than the time period specified in the Schedule for that road, or part.

10 Long-stay parking restrictions (more than P30)

A person must not stop, stand or park a vehicle on the roads or parts of roads listed in Part B of Schedule 3 with a P sign erected for more than the time period specified in the Schedule for that road, or part.

11 Places where parking restricted to certain times of the day or year

A person must not stop, stand or park a vehicle on the roads or parts of roads listed in Part C of Schedule 3 except on, or during, the days of the year, or the times of the day, specified in Part C for that road, or part.

Part 4: Parking places

12 Use of parking places

Use of the parking places listed in Schedule 4 is subject to the following conditions –

(a) A person is prohibited from stopping, standing, or parking a vehicle on places that are marked with broken yellow lines (with or without “no parking” signs), or diagonal yellow crosshatched markings (with or without the words “keep clear” marked or signed):

(b) A person must not stop, stand or park a vehicle, other than a vehicle displaying an approved disabled person’s parking permit, in the parking spaces that have signs erected with the disabled symbol on them. If the sign specifies a time period, a person may only stop, stand, or park the vehicle displaying an approved disabled person’s parking permit for that specified period:

(c) A person must not stop, stand or park a vehicle in the parking spaces that have “Authorised Vehicle” signs erected, unless the vehicle is displaying a label from the council showing approval for the vehicle to stop, stand or park there. If the sign specifies a time period, a person may only stop, stand, or park a vehicle for that specified time period:

(d) A person must not stop, stand or park a vehicle in the parking spaces that have signs stating they are reserved for use, either generally or at specified times, only by a specified person, unless that person is such a specified person:

(e) A person must not stop, stand or park a vehicle in the parking spaces that have a “P” sign erected for more than the time period specified on the sign:

(f) A person must not stop, stand or park a vehicle, in the parking spaces that have signs stating that only a specified class of vehicle is entitled to use that space, except for vehicles of the class specified on the sign. If the sign specifies a time period, a person may only stop, stand, or park the vehicle for that specified period:

(g) Where a parking place has signs, delineators or markings indicating the travel path to follow, a person must drive a vehicle in that travel path:

(h) Where a parking place has signs that specify “no entry” or “no exit”, a person must not enter or exit the parking place in contravention of that sign.

Part 5: Approvals

13 Approval to use authorised vehicle parking spaces

(1) A person who requires an authorised vehicle label under clause 8(8) or clause 12(c) (“the applicant”) must apply to the council for an approval and the application must be –

(a) in the form required by the council; and

(b) accompanied by the applicable fee set in the council’s Fees and Charges Policy.

Related information

(2) The council may grant or decline an application for an approval in its absolute discretion. Nothing in this subclause affects the right of an applicant to apply for judicial review of a decision to decline an application for an approval or a decision to include conditions on an approval.

(3) An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides a refund, or partial refund, is reasonable in the circumstances.

(4) Approvals are not transferable to another person.

(5) An approval does not affect or limit the obligations of any person to comply with any legislation or regulatory requirements that applies to the matters covered by the approval.

14 Conditions on approval

(1) All approvals granted under clause 13 include a condition that enables the council to carry out inspections to ensure the approval and its conditions are being complied with.

(2) The council may include other conditions on any approval for the following matters –

(a) requiring a label, in the form specified by the council, to be displayed on a vehicle showing the approval:

(b) the duration of the approval and how the approval may be renewed, if at all:

(c) any other matter the council considers is necessary to enhance or promote road safety, or provide protection for the environment.

15 Amendment of approval

A person granted an approval may, at any time within the duration of the approval, apply to the council to amend the approval or its conditions. An application for amendment must be made in the same manner as an application for an approval, with any necessary modifications.

16 Suspending or cancelling approval

(1) The council may suspend or cancel an approval in its absolute discretion if –

(a) any conditions are not complied with; or

(b) the road or part of the road the approval applies to is removed from Part H of Schedule 2 or Schedule 4; or

(d) the council considers the suspension or cancellation is necessary to enhance or promote road safety or provide protection for the environment.

(2) The suspension or cancellation takes effect from the date the person who was granted the approval receives written notice of the council’s decision to suspend or cancel the approval. The notice must include the reasons for the council’s decision.

(3) Suspending or cancelling an approval does not affect the council’s powers to take other enforcement action under this bylaw or any other legislation for the acts or omissions that were the reasons for the suspension or cancellation.

(4) Except where the approval is cancelled under subclause (1)(b), the person who was granted an approval that is suspended or cancelled under this clause may object to the council about the suspension or cancellation by lodging an objection in writing within 20 working days after the date of the suspension or cancellation.

(5) The council will make a decision on an objection within 20 working days of the date the objection is received and will provide the decision, in writing, to the applicant. The decision must include the reasons for the decision.

(6) Nothing in subclauses (4) or (5) affects the right of the person to apply for judicial review of a decision to suspend or cancel an approval.

Part 6: Enforcement, offences and penalties

17 Removal of vehicles in breach of bylaw

(1) Where any vehicle is parked on any road or part of a road or parking place in breach of this bylaw, the council may remove the vehicle.

(2) Where a vehicle is removed under subclause (1) from a parking place, the council may recover from the person who committed the breach of this bylaw the reasonable costs of the removal.

Related information

The council can also remove abandoned motor vehicles from a road under section 356 of the Local Government Act 1974.

18 Offences under transport legislation

(1) Parking in any portion of a road in breach of this bylaw is a stationary vehicle offence under the Land Transport Act 1998. Under section 133A of the Land Transport Act 1998 proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons –

(a) the person who allegedly committed the offence:

(b) the person who, at the time of the alleged offence,—

(i) was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or

(ii) was the registered person in respect of the vehicle under Part 17 of this Act:

(c) the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).

(2) Under section 139(6) of the Land Transport Act 1998 a parking warden may issue an infringement notice for a stationary vehicle offence or prosecute the offence under the Criminal Procedure Act 2011.

Related information

The penalties for stationary vehicle offences are prescribed in the Land Transport (Offences and Penalties) Regulations 1999. A person may either be issued with an infringement notice for a fee of up to $150, or may be prosecuted and, if convicted, fined up to $1000.

Part 7: Savings and transitional provisions

19 Parking and Traffic Control Bylaw revoked in part

(1) Clauses 2001, 2002, 2003, 2007 and 2008 and Schedules 1 and 9 of the Parking and Traffic Control Bylaw made by the council on 17 June 2010 and all amendments made to those clauses or schedules are revoked.

(2) All resolutions made pursuant to the provisions referred to in subclause (1) are also revoked.

(3) The revocations in this clause do not prevent any legal proceedings, criminal or civil, commenced, before the date of commencement of this bylaw, to enforce the bylaw or resolutions from continuing to be dealt with and completed as if the bylaw or resolutions had not been revoked.

20 Applications, approvals etc under revoked bylaw

All applications, approvals, permits, documents, matters, acts, and things that were made, approved or authorised under the provisions of the Parking and Traffic Control Bylaw revoked in clause 19, and are continuing at the commencement of this bylaw, will continue, and be treated, as if they are applications made, or approvals granted, under this bylaw, except –

(a) any approval, permit or authorisation will only continue until the date that is 12 months from the date this bylaw commenced; and

(b) any approval, permit or authorisation cannot be renewed under this bylaw, a new approval must be applied for under this bylaw.

Schedules

21 Roads that have parking restrictions, limits or prohibitions

(1) Schedule 1 lists the roads, or parts of roads, where parking is prohibited under clause 7.

(2) Schedule 2 lists the roads, or parts of roads, where parking is restricted to certain types of vehicles under clause 8. Schedule 2 has 8 parts –

(a) Part A lists the locations where only goods vehicles may stop, stand, or park:

(b) Part B lists the locations where only vehicles with approved disabled person’s parking permit may stop, stand, or park:

(d) Part D lists the locations where only small passenger service vehicles may stop, stand, or park:

(e) Part E lists the locations where only emergency vehicles may stop, stand, or park:

(f) Part F lists the locations where only boat trailers may stop, stand, or park:

(g) Part G lists the locations where only electric vehicles may stop, stand, or park:

(h) Part H lists the locations where only vehicles with an approval may stop, stand, or park:

(3) Schedule 3 lists the roads, or parts of roads, where the time a vehicle can be parked is restricted under clauses 9 to 11. Schedule 3 has 3 parts –

(a) Part A lists the locations where the time period is between 5 minutes and 30 minutes, inclusive.

(b) Part B lists the locations where the time period is more than 30 minutes.

(4) Schedule 4 lists parking places that clause 12 applies to.

(5) The co-ordinates in the Schedules are measured 2.5 meters from the centreline of the road. The parking restrictions are marked, or have a sign erected, on the closest kerb of the road to the co-ordinates.

(6) The Schedules 1 to 4 are organised by the type of parking restriction or prohibition. Schedule 5 groups the restrictions or prohibitions by the town or area they apply to, for ease of reference only. Schedule 5 is not part of this bylaw and if there is any conflict or inconsistency between the Schedules, Schedules 1 to 4 prevail.

22 Amendment to Schedules

(1) The council may, by resolution, add or remove any road, or part of a road, from Schedules 1, 2 or 3.

(2) Where a road, or part of a road, is added to a Schedule under subclause (1), the resolution may also specify the class or description of vehicle, or dates or times, that apply on that road, or part of a road and for Schedule 3 the resolution may specify the period of time that applies.

(3) The council may, by resolution, add or delete any parking place listed in Schedule 4.

Strategy and Policy Committee Meeting Agenda

7 September 2021

5.5 New Road Use Bylaw - Approval of Draft for Public Consultation

File Number: A3277425

Author: Siân Smith, Strategy and Policy Specialist

Authoriser: Darren Edwards, General Manager - Strategic Planning and Policy

Take Pūrongo / Purpose of the Report

The purpose of this report is for the Committee to approve the Road use Bylaw and consultation process.

WhakarĀpopoto matua / Executive Summary

· On 20 May 2021 the Council agreed to make two new bylaws to replace the Parking and Traffic Control Bylaw that will automatically be revoked on 22 June 2022. One bylaw will deal with parking and another with road use (wider scope than “traffic control”).

· A proposal for a new Road Use Bylaw, including a draft of the new bylaw, is in Attachment 1.

· Council staff recommend the period for making submissions on the proposal for the new bylaw be from 13 September to 15 October 2021 and hearings, if required, be held on 26 October 2021.

tŪtohunga / Recommendation

That the Strategy and Policy Committee:

a) approves the proposal for a new Road Use Bylaw in Attachment 1 to be released for public consultation to meet the requirements of section 22AD of the Land Transport Act 1998 and section 156 of the Local Government Act 2002

b) authorises the Chief Executive to make minor changes to the proposal for a new Road Use Bylaw to correct grammatical or spelling errors, or formatting

c) agrees the period for making written submissions on the proposal be from 13 September 2021 to 15 October 2021

d) agrees the Committee will hear any people who want to present their submissions orally on Tuesday 26 October 2021

e) agrees to delegate, to the Chair, the power to change the date of the oral presentations of submissions

f) directs Council staff to make all necessary logistical arrangements for people to be heard, on 26 October 2021, either in person in the Council Chambers or online via Microsoft Teams

1) TĀhuhu kŌrero / Background

The Council’s Parking and Traffic Control Bylaw will automatically be revoked on 17 June 2022 because it was not reviewed by the date required under the Local Government Act 2002. For the controls in that bylaw to continue to exist after 17 June 2022, the Council needs to make a new bylaw.

On 20 May 2021 the Council determined that two new bylaws, to replace the Parking and Traffic Control Bylaw, should be made under the Land Transport Act 1998 [Resolution 2021/20 refers]. One bylaw will deal with parking only, the other will deal with a range of other matters that affect road use. This report is about the new road use bylaw. The proposed new road use bylaw will also action the Council’s decision, on 21 May 2020, that a new bylaw is appropriate to address problems with trading in public places [Resolution 2020 / 29 refers].

2) matapaki me NgĀ KŌwhiringa / Discussion and Options

Form and content of new bylaw

A draft of the new bylaw is in the proposal document in Attachment 1.

As stated in the report that recommended making a new bylaw [20 May 2021 Agenda item 6.2 document number A3183896, pages 31 - 36 refers], Council staff have addressed the appropriateness of the form and content of the new bylaw by:

· not including provisions that duplicate legislation

· continuing existing restrictions and controls [in the Parking and Traffic Control Bylaw] without amendment, except to correct errors (e.g. incorrect description of locations) or update wording to be consistent with legislation

· replacing the term “traffic control” with the term “road use” to make it clear the bylaw regulates all uses of the road, not just traffic or moving vehicles

· including restrictions and controls in the [Council’s previous, now revoked,] Control of the Use of Public Places Bylaw and Mobile Shops and Hawkers Bylaw that apply to roads where they are still necessary [restrictions and controls have been treated as unnecessary if they duplicate other legislation, e.g. a land transport rule, or are already covered by a provision that has been continued from the Parking and Traffic Control Bylaw]

· following best practice drafting standards (as advocated by the Parliamentary Counsel Office).

In relation to duplication of legislation, Council staff draw the Committee’s attention to section 357 of the Local Government Act 1974. Under that section, nearly every kind of action or thing that could be done on a road (other than driving) is prohibited, and is an offence, unless approved by the Council. However, the definition of “road” under that Act is limited to formed roads controlled by the Council. The new bylaw, because it will be made under the Land Transport Act 1998, will apply to other areas that are defined as roads under that Act, including beaches and public places that adjoin, but are not part of, roads or State Highways. The new bylaw will therefore operate alongside section 357 of the Local Government Act 1974.

In relation to content in the previous Control of the Use of Public Places Bylaw, Council staff have included the following matters in the draft road use bylaw:

· Previously clause 3202 to 3213 - Control of Advertising (signs)

· Previously clause 3214 - Obstruction of a public place

· Previously clause 3215 - Damage to a public place (usually from unauthorised work)

· Previously clause 3216 - Protection of public safety and nuisances, including littering and skateboarding

· Previously clause 3217 - Awnings and blinds in public places

· Previously clause 3218 - Projections (encroachments) on public places

· Previously clause 3219 - Barbed wire and electric fences

· Previously clause 3220 - Assembly and busking in public places

· Previously clause 3222 - Al fresco dining – the Council also has a separate policy on Al fresco dining that does not need to exist independently of the bylaw, so relevant content from that policy has also be included in the draft bylaw

· Previously clause 3223 - Livestock and Animals

In relation to content in the previous Mobile Shops and Hawkers Bylaw, Council staff have included the same controls, including areas where stalls and stands are restricted or prohibited, in the draft road use bylaw.

A transitional provision is included in the draft bylaw for all existing permits, licences etc (relating to matters regulated in the previous Parking and Traffic Control, Control of the Use of Public Places and Mobile Shops and Hawkers bylaws) to remain in force for 12 months after which new approvals under the new bylaw will be required.

As the scope of the proposed new bylaw is wider than the “traffic control” provisions of the current bylaw, Council staff considered whether other existing bylaws could be amalgamated into the new bylaw. Two other bylaws currently deal with road use and their provisions fall within the bylaw making powers of the Land Transport Act 1998:

· Skating and Cycles Bylaw – due for review by 13 December 2022

· Nuisances Bylaw (clause 1106) – has not been reviewed since initially made in 1990

It is recommend the restrictions and controls in those bylaws be included in the new bylaw and have therefore been included in the draft bylaw in the proposal document in Attachment 1.

Other drafting improvements have been made by:

· using plain language

· using performance-based requirements (e.g. not obstructing road users) instead of prescriptive rules (e.g. prescribing a maximum size or distance)

· converting all locations to geospatial data and creating maps showing the locations

· using boxes headed “Related Information” to explain key provisions and how the bylaw fits with transport legislation to make the bylaw easier for people to understand.

NZ Bill of Rights Act compliance

Under section 155(3) of the Local Government Act 2002, the content of the new bylaw must be consistent with the New Zealand Bill of Rights Act 1990. Council staff have identified three rights that may be impacted by the new bylaw:

· Right to freedom of peaceful assembly (section 16 of the New Zealand Bill of Rights Act 1990) – the provisions for holding events on streets may impact on this right

· Right to freedom of movement (section 18 of the New Zealand Bill of Rights Act 1990) – the provisions limiting direction of travel and prohibiting some vehicles from using some streets may impact on this right

· Right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence (section 21 of the New Zealand Bill of Rights Act 1990) – the provisions for vehicles to be removed from the road may impact on this right

A full assessment of the impact of the bylaw on these rights cannot be done until the content of the bylaw is finalised. However, based on the content of the draft bylaw, Council staff consider any impact is justified as follows:

· section 16 and 18 rights – the draft bylaw provisions only limit the rights of individuals to the extent it is reasonable to do so to in order for other people’s rights and freedoms to be maintained

· section 21 right – the draft bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the draft bylaw) already exist in statutes.

A summary of this assessment is included in the proposal for consultation (see next section of this report) so that people can provide feedback to be used in the full assessment of the final bylaw content.

Proposal for consultation

The new Road Use Bylaw will be made under the Land Transport Act 1998. Section 22AD of that Act requires the provisions of section 156 of the Local Government Act 2002 to be complied with for consultation on the bylaw. Section 156 requires the Council to use the special consultative procedure if:

· the bylaw concerns a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public

· the Council considers that there is, or is likely to be, a significant impact on the public due to the proposed bylaw.

The new bylaw does not concern “a matter identified in the Council’s Significance and Engagement Policy” because the bylaw does not involve transfer of an asset and it will be consistent with existing policies and plans. The new bylaw is also not likely to have a significant impact on the public because it will have the same effect as the current, or previous, bylaws. The Council therefore does not need to use the special consultative procedure to consult on the new bylaw.

Section 156 then requires the consultation to comply with section 82 of the Local Government Act 2002. Section 82A of the Local Government Act 2002 sets out the requirements for information to be made available for consultation under section 82. Those requirements are to provide:

· the proposal and the reasons for the proposal

· an analysis of the reasonably practicable options, including the proposal

· a draft of the proposed bylaw

Council staff have prepared a proposal document that meets the requirements of section 82A. Due to the number of provisions from existing or revoked bylaws that are being amalgamated into the proposed new bylaw, the proposal document includes a table of where previous provisions can be found in the draft new bylaw. The proposal document is in Attachment 1.

Consultation process

Section 82 of the Local Government Act 2002 requires the Council, as part of the consultation process, to give people “a reasonable opportunity” to present their views on the proposed bylaw. Neither the Land Transport Act 1998, nor the Local Government Act 2002, specify a minimum period for this opportunity. Best practice would be to give people one month to make written submissions followed by time for oral presentation of submissions after that month ends. Council staff therefore recommend the period for making written submissions begins on Monday 13 September 2021 and ends on Friday 15 October 2021.

Council staff recommend people be encouraged to present their views primarily by making comments or submissions via the Council’s website. A submission form will be provided for download on the website for people to print and use to make written submissions either by post or delivery to Council offices. A small number of printed copies of the proposal document and submission form will be made available at Council offices for people to use if they are not able to print the documents themselves. A link to the webpage for making submissions will be emailed to the Council’s “subscribers” database and publicised on the Council’s social media pages.

The proposed new bylaw is likely to be of sufficient interest to the public that Council staff expect some people will want to present their submissions orally to elected members. The Committee has delegated authority to hear submissions made during consultation on a bylaw. Staff therefore recommend the Committee sets a hearing date now so it can be publicised during the period for making submissions and people will know when they will be heard.

To allow time for hearing logistics to be arranged, the earliest suitable date for a hearing would be Tuesday 26 October 2021 – there are no Committee or Council meetings currently scheduled for that date. Council staff also recommend the Committee delegate to the Chair the power to change the hearing date so that if other events, or the number of people who want to be heard, mean the date is no longer suitable, a new date can be set without the need for the Committee to convene to make that decision.

Take Tūtohunga / Reason for the recommendation

Council staff recommend the Committee:

· approves the proposal in Attachment 1 to be published for consultation because it meets the requirements of section 82A of the Local Government Act 2002 and authorise the Chief Executive to correct any spelling or formatting errors in the proposal that might be found after the Committee has approved the proposal

· agrees the period for making written submissions on the proposal be from 13 September 2021 to 15 October 2021 to meet best practice of providing at least one month for people to make submissions

· agrees to hear oral presentations of submissions on 26 October 2021, because that date does not clash with scheduled Committee or Council meetings, and directs Council staff to make the necessary logistical arrangements for people to present their submissions either in person in the Council Chambers or online via Microsoft Teams on that date

· delegates the power to change the date of oral presentations of submissions to the Chair because it is possible other events, or the number of people who want to be heard, will make the date unsuitable and it is not necessary for the whole Committee to be convened to make a decision on a new date.

3) PĀnga PŪtea me ngĀ wĀhanga tahua / Financial Implications and Budgetary Provision

The costs of the consultation on the new Road Use Bylaw will be met from within existing budgets

Āpitihanga / Attachments

1. Proposal for new road use bylaw July 2021 - A3252993 ⇩

Hōtaka Take Ōkawa / Compliance Schedule:

Full consideration has been given to the provisions of the Local Government Act 2002, Section 77 in relation to decision making, in particular:

1. A Local authority must, in the course of the decision-making process,

a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and

b) Assess the options in terms of their advantages and disadvantages; and

2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.

He Take Ōkawa / Compliance Requirement	Aromatawai Kaimahi / Staff Assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	The proposal is not of high significance under the policy because it does not involve the transfer of assets and is consistent with existing policies and plans.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	Section 22AD of the Land Transport Act 1998 requires the Council to consult on any bylaws made under that Act. The consultation must comply with section 156 of the Local Government Act 2002. The recommendations made in this report meet the requirements of section 156. The final content of the bylaw must be consistent with the New Zealand Bill of Rights Act 1990. An initial staff assessment of the compliance is contained in the report and summarised in the proposal in Attachment 1. The proposed new bylaw will cover some matters that are also controlled in the Far North District Plan, in particular signs. Users of the bylaw are alerted to the possibility their activity may also need a resource consent in the “Related Information” boxes. Also, the bylaw makes it clear that approvals cannot be granted for activities that are not permitted, or do not have a resource consent, under the Resource Management Act 1991.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	The proposal has district-wide relevance but is not within the delegations of Community Boards to consider.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. State the possible implications and how this report aligns with Te Tiriti o Waitangi / The Treaty of Waitangi.	There will be implications for Māori from the regulation of road use. Where structures or mobile shops are allowed on roads, the location of those things will need to be compatible with the protection of sites that are significant to Māori. The significance could be for traditional, spiritual, religious, ritual, or mythological reasons. Iwi and hapū with current Environmental Management Plans were informed about the proposed bylaw and given an opportunity to provide input on the content with the regard to the above implications. The draft new bylaw contains provisions that give effect to some of the Actions in the Te Oneroa-a-Tōhe/90 Mile Beach Management Plan and the Te Oneroa-a-Tōhe Board was informed of this.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities).	Most residents of the Far North are likely to be interested in the new Road Use Bylaw, a reasonably small number – people who have approvals for signs, mobile shops or al fresco dining – will be directly affected. The consultation process will enable all people to give their views on the proposed new bylaw so they can be considered.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications.
Chief Financial Officer review.	The Chief Financial Officer has reviewed this report

Strategy and Policy Committee Meeting Agenda

7 September 2021

Context

The population of the Far North District has grown significantly in the past 10 years from 59,000 in 2010 to 71,000 in 2020. Most of the increase has occurred since 2014 with at least 2% increase in population per year and most new residents are in the three largest towns: Kaitāia, Kaikohe and Kerikeri^{^[2]}. Increasing urbanisation of parts of the Far North District has resulted in more private motor vehicles travelling into, or through, the urban areas. This has then created:

· competition for the use of space in central business districts between private motor vehicles and other transport modes, or commercial or recreational activities

· congestion on the limited number of routes into and through central business districts at “peak” times.

In 2020 the Council also considered whether a new bylaw was needed to replace a Mobile Shops and Hawkers Bylaw that had been automatically revoked in 2017. On 21 May 2020, the governing body of the Council decided a bylaw is needed to address problems associated with trading in public places. Information about that decision can be read at this link: https://infocouncil.fndc.govt.nz/Open/2020/05/CO_20200521_MIN_2326_WEB.htm

The proposal

The Council proposes to make a new bylaw, under section 22AB of the Land Transport Act 1998, to regulate or control the use of roads and adjoining land by:

· vehicles

· stands, stalls or mobile shops

· animals

· structures, vegetation or other things that may affect road safety or the environment.

The new bylaw will include the “traffic control” provisions from the existing Parking and Traffic Control Bylaw as well as provisions to replace the revoked Mobile Shops and Hawkers Bylaw – to implement the governing body’s decision (referred to in Context above) to make a new bylaw about trading in public places. In addition, controls on roads and adjoining land that were previously in the Council’s Control of the Use of Public Places Bylaw (revoked in 2017 due to not having been reviewed by the date required in the Local Government Act 2002) will be included in the new bylaw. The new bylaw will also amalgamate the Council’s Skating and Cycles Bylaw, a clause from the Nuisances Bylaw, and the Alfresco Dining Policy into its provisions because they all relate to activities done on roads and are therefore within the scope of the new bylaw. The table in Appendix 1 shows where the provisions from the existing, or revoked, bylaws can be found in the new bylaw.

Reasons for the proposal

Until such time as the Integrated Transport Strategy is implemented, the best way to address the problems (of competition for use of space and congestion in the District’s urban areas) is to maintain the controls that already exist. This is because, without the benefit of higher-level policy to guide decision-making, there is a risk any new controls that are developed will either under- or over-regulate and lead to outcomes that cause unnecessary cost to the Council and community. For example, in the absence of policies about how to prioritise the needs of motor vehicles, cycles, pedestrians or mobility devices, one or more of those road users could have their needs overlooked or overly restricted. A new bylaw will therefore continue the existing controls to allow time for the Integrated Transport Strategy to be implemented and new controls developed as part of that implementation.

Analysis of the options

The Council considers “doing nothing” is not a reasonably practicable option. The current bylaw will be automatically revoked on 17 June 2022 and all the existing road use regulation will cease to have effect. A new bylaw is required. There are two reasonably practicable options for making a new bylaw described below. Under either of the options, the new bylaw will:

· not duplicate other legislation, e.g. rules made under the Land Transport Act 1998

· continue existing restrictions and controls without amendment, except to correct errors (e.g: incorrect description of locations) or update wording to be consistent with legislation

· replace the term “traffic control” with the term “road use” to make it clear the bylaw regulates all uses of the road, not just traffic/moving vehicles

· include restrictions and controls that were in the revoked Control of the Use of Public Places Bylaw and Mobile Shops and Hawkers Bylaw that applied to roads

· meet best practice drafting standards as advocated by the Parliamentary Counsel Office, including using performance or outcome-based requirements instead of prescriptive rules.

Option One: Make one new bylaw under Land Transport Act 1998 and Local Government Act 2002

This option would be maintaining the status quo because the existing bylaw was made under both Acts. Under this option the new bylaw would therefore also include parking controls. While it is good practice to avoid making multiple regulations when one will do, in this instance there would be four separate topics covered in one bylaw: parking, road use, mobile shops, and other uses of public places near roads. This may restrict the flexibility to respond to future changes – changing one part of a bylaw inevitably leaves room for people to advocate changes to other parts and potentially lengthen the amendment process unnecessarily. The length of the bylaw may also make it difficult for users to browse and easily find provisions that are relevant to them.

Option Two: Make two new bylaws – one dealing with parking and one dealing with road use – under the Land Transport Act 1998

Under this option, regulation of parking would be separated from the other road use regulation. The volume of parking spaces, time limits and possible future provisions (e.g. parking fees) means a parking bylaw will be a long document and likely to require regular amendments to respond to the demands of the transport network. Also, responsibility for the enforcement of parking restrictions and other road uses is split between the Council and the Police. The Council is only responsible for enforcement of parking and a small number of other minor offences. All other road use matters are dealt with by the Police. It is therefore better for parking to be regulated in a stand-alone bylaw for ease of enforcement. A second bylaw would deal with all the other aspects of road use, including the use of public places adjacent to roads.

Section 22AB of the Land Transport Act 1998 gives the Council broad powers to make bylaws regulating all aspects of road use. The powers also extend to public places that may not ordinarily be thought of as part of a road, but are adjacent to the road and therefore should be regulated together. The transport legislation is extensive (the Land Transport Act 1998, plus numerous regulations and rules) in regulating roads, traffic and the behaviour of road users. It is therefore highly unlikely the transport legislation has missed or overlooked any particular problem or matter that should be regulated. It is therefore not necessary for the bylaw to also be made under the Local Government Act 2002.

Costs and benefits (advantages and disadvantages)

· clarity about the scope of the regulation will make the bylaws easier for people to understand

· separate bylaws reflect the split of enforcement responsibilities between the Council and the Police

· there will be more flexibility to respond to changes in the transport network by amending the bylaws

Impacts on tāngata whenua and te ao Māori

There will be impacts on tāngata whenua from the regulation of road use. Where structures or mobile shops are allowed on roads, the location of those things will need to be compatible with the protection of sites that are significant to Māori. The significance could be for traditional, spiritual, religious, ritual, or mythological reasons. The proposed new bylaw will give effect to some of the provisions in the Te Oneroa-a-Tōhe/90 Mile Beach Management Plan.

Decision on options

On 20 May 2021, under section 155(1) of the Local Government Act 2002, the governing body of the Far North District Council determined that two new bylaws regulating parking and road use, made under the Land Transport Act 1998 (i.e. option two), are the most appropriate way of addressing the problems in the Far North District of:

· competition for space in the central business districts

· congestion in the central business districts.

Proposed Road Use Bylaw

A draft of the proposed Road Use Bylaw is included in this proposal.

New Zealand Bill of Rights Act 1990 implications

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. The proposed Road Use Bylaw may give rise to implications for the following rights (section numbers are references to the sections in the New Zealand Bill of Rights Act 1990):

· Section 16 – right to freedom of peaceful assembly

· Section 18 – right to freedom of movement

· Section 21 – right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence.

The Council will fully assess these implications before it makes the Road Use Bylaw. The preliminary assessment is:

· section 16 and 18 rights – the bylaw’s provisions are justified because they only limit the rights of individuals to the extent it is reasonable to do so to in order for other people’s rights and freedoms to be maintained

· section 21 rights – the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are in statutes.

How to give your views on the proposal

The Council encourages any person or organisation affected by, or having an interest in, the Road Use Bylaw to present their views on the proposal to the Council by making a submission. Submissions can be made by using any of the following methods:

· online at the Council’s website www.fndc.govt.nz/have-your-say

· email your submission to submissions@fndc.govt.nz

· post your submission to: Strategy Development Team, Far North District Council, Private Bag 752, Kaikohe 0440

· make an oral presentation of your submission at a meeting of the Council’s Strategy and Policy Committee

Please include your full name and email address or postal address in your submission if you want:

· the Council to acknowledge receipt of your submission

· to make an oral presentation – you will be contacted about when and where the meetings for this are taking place.

Privacy statement

Please be aware, any submissions that are made on the new Road Use Bylaw become part of the public consultation process. As such, all submissions, any summaries of submissions, and any documents provided with your submission, are copied and made available to the Council’s governing body as well as the public. Any personal information included with a submission, such as your name, is treated as part of the submission and will also be released publicly. Your submission and any personal information that you supply, such as your name, will not be treated as confidential unless you specifically request it in your submission.

Draft Road Use Bylaw

The draft bylaw is as follows:

Road Use Bylaw

Clause Description Page

1 Title

2 Related information boxes

3 Commencement

4 Application

Part 1 Preliminary provisions

5 Purpose

6 Interpretation

Part 2 Vehicle restrictions

7 Roads where vehicles must travel in a specified direction

8 Roads where turning right or certain vehicles prohibited

9 Vehicles containing offensive matter not to be left on road

Part 3 Putting structures or vegetation on or near roads

10 Approval required for erecting or planting things near intersections etc

11 Only certain signs allowed on or near road

Part 4 Trading on roads and footpaths

12 Approval required for stands and stalls in public places

13 Approval required for alfresco dining on footpaths or shared roadways

14 Approvals may be affected by other approved events

Part 5 Animals on roads

15 General requirement

Part 6 General road safety

16 Protection of people and vehicles when doing work near a road

17 Safe placement of bins, skips or containers on roads

18 Activities that may impede or obstruct road users

Part 7 Approvals

19 Types of approval under this bylaw

20 Application for approval

21 Assessment of application

22 Decision on application

23 Conditions on approvals

24 Duration of approval

25 Objections

26 Amendment of approval

27 Transfer of approval

28 Suspending or cancelling approval

29 Other obligations not affected

Part 8 Enforcement, offences and penalties

30 Offence and penalty

Part 9 Savings and transitional provisions

31 Parking and Traffic Control Bylaw revoked in part

32 Skating and Cycles Bylaw revoked

33 Nuisances Bylaw revoked in part

34 Applications, approvals etc under revoked bylaws

35 Other existing permits or approvals for matters regulated under this bylaw

Schedules

36 Roads that have vehicle restrictions or prohibitions

37 Provisions for signs to not be a danger or nuisance

38 Amendment of Schedules

Schedule 1 Roads, or parts of roads, where vehicles must travel in a specified direction

[view at this link]

Schedule 2 Roads, or parts of roads, where turning right or certain vehicles prohibited

[view at this link]

Schedule 3 Provisions for signs to not constitute a nuisance or danger

Schedule 4 Roads, or parts of roads, where occupation of a stand or stall is prohibited or restricted

Schedule 5 Restrictions or prohibitions grouped by town or area

[view at this link]

1 Title

This bylaw is the Road Use Bylaw.

2 Related information boxes

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3 Commencement

This bylaw comes into force two days after the date it is made by the governing body of the Far North District Council.

Related information

This bylaw is due for review by [date to come].

4 Application

This bylaw applies to the district of the Far North District Council.

Related information

This bylaw does not apply to roads in the district that are state highways. State highways are regulated by Waka Kotahi (New Zealand Transport Agency).

Part 1: Preliminary provisions

5 Purpose

The purpose of this bylaw is to regulate or control the use of roads and adjoining land by –

(a) vehicles; and

(b) stands, stalls or mobile shops; and

(d) structures, vegetation or other things that may affect road safety or the environment.

6 Interpretation

(1) In this bylaw, unless the context otherwise requires, –

approval means an approval granted under this bylaw and includes all conditions to which the approval is subject.

council means the governing body of the Far North District Council, or any person delegated to act on its behalf.

footpath has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021, the definition is: means a path or way principally designed for, and used by, pedestrians; and includes a footbridge.

heavy motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 1 April 2021 the definition is: means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) having a gross vehicle mass exceeding 3500 kg.

motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 01 February 2011, the definition is:

(a) means a vehicle drawn or propelled by mechanical power; and

(b) includes a trailer; but

(i) a vehicle running on rails; or

(iii) a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

(iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

(v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

(vi) a pedestrian-controlled machine; or

(vii) a vehicle that the Agency has declared under section 168A is not a motor vehicle; or

(viii) a mobility device.

keeper has the same meaning as in section 22AB(6) of the Land Transport Act 1998.

Related information

As at 01 April 2021 the definition is: In relation to a mobile or travelling shop, means the person by whom or on whose behalf any business is carried on by means of the mobile or travelling shop.

mobile or travelling shop has the same meaning as in section 22AB(6) of the Land Transport Act 1998.

Related information

As at 01 April 2021 the definition is:

(a) means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but

(b) does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously.

parking warden has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 01 April 2021 the definition is: means a person appointed [by a local authority] to hold the office of parking warden under section 128D [of the Land Transport Act 1998].

road has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at as at 01 April 2021, the definition is: includes—

(a) a street; and

(b) a motorway; and

(d) a place to which the public have access, whether as of right or not; and

(e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and

(f) all sites at which vehicles may be weighed for the purposes of this Act or any other enactment.

The effect of this definition, in particular paragraph (d), is that any public place where it is possible for a vehicle to be driven or ridden is a road, even on places that are not commonly used as a vehicle route but are able to be accessed by the public on a vehicle, and the provisions in this bylaw apply to that place.

vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Related information

As at 01 April 2021 the definition is:

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

(b) includes a hovercraft, a skateboard, in-line skates, and roller skates; 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 wheelchair not propelled by mechanical power:

(ix) any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

(x) any rail vehicle.

wheeled recreational device has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

Related information

As at 01 May 2021 the definition is:

(a) means a vehicle that is a wheeled conveyance (other than a cycle that has a wheel diameter exceeding 355 mm) and that is propelled by human power or gravity; and

(b) includes a conveyance to which are attached 1 or more auxiliary propulsion motors that have a combined maximum power output not exceeding 300 W.

(2) The Interpretation Act 1999 applies to this bylaw.

Related information

This means words and phrases that are defined in the Interpretation Act 1999 have the same meaning in this bylaw. For example, as at as at 01 January 2014, the Act defines person as "includes a corporation sole, a body corporate, and an unincorporated body."

Part 2: Vehicle restrictions

7 Roads where vehicles must travel in a specified direction

All vehicles on the roads, or parts of roads, listed in Schedule 1 must travel only in the direction specified for the road, or part of road, in that Schedule. A person must not drive a vehicle in contravention of this clause.

Related information

These roads have “One way” signs erected.

8 Roads where turning right or certain vehicles prohibited

(1) All vehicle on the roads, or parts of roads, listed in Part A of Schedule 2 are prohibited from turning to the right. A person must not drive a vehicle in contravention of this subclause.

Related information

These intersections have “No right turn” signs erected.

(2) Heavy motor vehicles are prohibited from travelling on the roads, or parts of roads, listed in Part B of Schedule 2. A person must not drive a heavy motor vehicle in contravention of this subclause.

Related information

These roads have “No heavy vehicles” signs erected.

(3) Wheeled recreation devices are prohibited from travelling on the roads, or parts of roads, listed in Part C of Schedule 2. A person must not use a wheeled recreation device in contravention of this subclause.

Related information

Devices include skateboards and scooters, but not cycles. On roads not listed in Part C of Schedule 2, wheeled recreation devices must be used and operated in accordance with clause 11.1 of the Land Transport (Road User) Rule 2004. The Land Transport (Road User) Rule 2004 also contains restrictions and prohibitions on riding cycles.

9 Vehicles containing offensive matter not to be left on road

(1) A person must not leave a vehicle containing, or that recently contained, manure, offal, or any other matter or thing that is likely to be offensive or injurious to health, on any road, or place adjoining a road that is within 30 metres of any dwellinghouse, –

(a) during the period between half an hour after sunset and half an hour before sunrise; or

(b) for any unnecessary length of time during any other part of a day.

(2) In this clause “dwellinghouse” has the same meaning as in section 2(1) of the Health Act 1956.

Related information

As at 29 June 2021 the definition is: means any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.

Part 3: Putting structures or vegetation on or near roads

10 Approval required for erecting or planting things near intersections etc

A person must not plant or erect, at or within 5 meters distance from corners, bends, or intersections on roads, any tree, shrub, hedge, scrub, or other growth, or fence or wall, that, in the opinion of the council is, or is likely to constitute, a source of nuisance or danger to traffic.

Related information

The council can require the owner of any land adjoining a road corridor to remove or trim any vegetation or wall under section 355 of the Local Government Act 1974.

11 Only certain signs allowed on or near road

(1) Except as provided in subclauses (5) and (6), a person must not cause, permit or otherwise enable the display, or continued display, of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes –

(a) on or over public buildings or bridges; or

(b) on or over buildings, walls, fences, posts, trees, footpaths, or hoardings —

that are situated –

(d) any place where that display is visible from a road or public place –

in contravention of subclauses (2) and (3).

(2) Any display, or continued display, of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes must not –

(a) obstruct or be likely to obstruct the view of any corner, bend, intersection, vehicle crossing, traffic sign or traffic signals; and

(b) distract unduly or be likely to distract unduly the attention of a road user; and

(d) give rise to excessive levels of glare; and

(e) use lights or reflective materials; and

(f) invite drivers to turn so close to a turning point that there is no time to signal or turn safely; and

(g) have sharp edges, projections or moving parts that may be a nuisance or danger to road users; and

(h) constitute or be likely to constitute in any way a danger or nuisance to road users or the environment.

Related information

Some examples of signs that may not comply with subclause (2) are:

· If there are too many signs on a single location that are not reasonably spaced apart they are likely to distract road users who are trying to read them all at the same time and therefore the signs will not comply with paragraph (b).

· Signs that are made with fluorescent or phosphorescent material may mislead or distract drivers from traffic signs installed in the vicinity or mask those signs and therefore not comply with paragraph (c).

· A sign that reflects the light from the lamps of any vehicle on the road would not comply with paragraph (d).

(3) Any poster, placard, handbill, writing, picture, or device for advertising or other purposes displayed on Te Oneroa-a-Tōhe/90 Mile Beach must be bilingual in english and te reo māori.

(4) For the purposes of subclause (2)(h) only, posters, placards, handbills, writings, pictures, or devices for advertising or other purposes that are constructed, fixed, placed and maintained in accordance with the provisions of Schedule 3 will be treated by the council as not constituting a danger or nuisance.

(5) A person may display a poster, placard, handbill, writing, picture, or device for advertising or other purposes that does not comply with subclause (2)(e) if the person has an approval for the display.

(6) A person may display a poster, placard, handbill, writing, picture, or device for advertising or other purposes that does not comply with subclause (2), if –

(a) it is displayed for a limited period of time to advertise a sporting, community or cultural event; and

(b) it is a maximum size of 3 square metres; and

(d) it is removed no more than 2 days following the completion of the event to which it relates.

(7) For the purposes of the approvals required in subclauses (5) and (6), if the display is on Te Oneroa-a-Tōhe/90 Mile Beach, it must be approved by the Te Oneroa-a-Tōhe Beach Board before an approval is applied for under this bylaw and evidence of the Board’s approval must be included with the application made under this bylaw.

(8) For the purposes of this clause “public buildings” means buildings that are owned by the council and for the avoidance of doubt a “road user” includes a pedestrian.

(9) This clause does not apply to advertisements for candidates in an election under the Electoral Act 1993 or the Local Electoral Act 2011.

Related information

Other types of signs, advertising or displays etc that are erected, placed or left on a road and not covered by the description in this clause are prohibited under section 357(1)(a) and (b) of the Local Government Act 1974 unless authorised by the council. Some signs may also require a resource consent under rules in the Far North District Plan made under the Resource Management Act 1991 or a building consent under the Building Act 2004. Signs on Te Oneroa-a-Tōhe/90 mile beach must be approved by the Te Oneroa-a-Tōhe Beach Board, in accordance with the Beach Management Plan (available at this link: https://www.teoneroa-a-tohe.nz/beach-management-plan), as well as the council.

Signs on State Highways are regulated in the New Zealand Transport Agency (Signs on State Highways) Bylaw 2010, available at this link: https://nzta.govt.nz/assets/resources/Bylaws-state-highway/Bylaw-2010-New-Zealand-Transport-Agency-Signs-on-State-Highways-Bylaw-July-2010.pdf

Part 4: Trading on roads and footpaths

12 Approval required for stands and stalls in public places

(1) A hawker, pedlar, or keeper of a mobile or travelling shop who wants to occupy a stand or stall (including a vehicle used as a stall) —

(a) in any road or part of a road; or

(b) in any public place adjoining a road or State highway if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic –

must apply to the council for approval to occupy that stand or stall.

(2) Subclause (1) does not apply to a person who meets the description in section 31(1) of the Food Act 2014, but subclauses (3) and (4) do apply to that person.

Related information

As at 23 February 2021, section 31(1) of the Food Act 2014 is:

31 Exemption from food control plan and national programme if trading in food for certain fund-raising

(1) This section applies if—

(a) a person or group of persons trades in food for the sole purpose of raising money for a charitable, benevolent, philanthropic, or cultural purpose; and

(b) the fund-raising activity is not carried out on more than 20 occasions in any calendar year (unless it is incidental to another charitable, benevolent, or philanthropic activity, such as a permanent stall selling donated goods at a hospice).

(3) Occupation of a stand or stall by a hawker, pedlar, or keeper of a mobile or travelling shop in the roads, or part of a road, or public places specified in Part A of Schedule 4 is prohibited.

(4) Occupation of a stand or stall by a hawker, pedlar, or keeper of a mobile or travelling shop in the roads, or part of a road, or public places specified in Part B of Schedule 4 is restricted to the type of stand or stall stated and the council may not grant an approval for any other type of stand or stall in the specified road, part of a road or public place.

(5) Subclauses (3) and (4) do not apply to a person who has a licence to occupy the road or public place from the council or to stands or stalls that are part of an event and included in the council’s authorisation of the event.

Related information

A footpath is part of a road and this clause applies to footpaths accordingly.

“hawker” and “pedlar” are common older words used to refer to a person who sells things either by travelling from place to place (hawker) or door-to-door or on a street (pedlar).

13 Approval required for alfresco dining on footpaths or shared roadways

(1) A person who wants to occupy any part of a road with structures for providing food or beverage services, including tables, chairs, umbrellas, or heaters, must apply to the council for an approval for that occupation.

(2) A person may not apply for an approval under this clause to occupy –

(a) any place that is adjacent to a pedestrian crossing or a place where parking is restricted to passenger service vehicles; or

(b) any place that will obstruct, or interfere with, the use of council street furniture or rubbish bins by the public; or

(3) The area for which an approval is sought must leave a minimum of 1.5 metres clear access for pedestrian traffic.

Related information

A footpath is part of a road and this clause applies to footpaths accordingly.

An approval under this clause does not include providing alcohol. A separate licence is required under the Sale and Supply of Alcohol Act 2012.

14 Approvals may be affected by other approved events

If the council has approved –

(a) the stopping of the road or part of the road; or

(b) an event, for example a Christmas parade, that will occur on the road or part of the road –

that an approval granted for the purposes of clause 12 or 13 applies to, the council may, in its absolute discretion, suspend the approval under clause 28 for the duration of the stopping or the event if, in the council’s opinion, –

(d) the actions covered by the approval are inconsistent with the stopping or event.

Part 5: Animals on roads

15 General requirements

(1) A person having control of animals being driven or ridden on any road must ensure that any solid materials deposited on the road from the animals are removed and disposed of within a reasonable period of time.

(2) A person must not drive any stock on any road during the period between half an hour after sunset and half an hour before sunrise unless sufficient warning is provided and maintained by such person by the use of lights or other effective devices or means to ensure that other persons using such road shall have adequate notice of the presence of such animals on the road.

Related information

The Land Transport (Road User) Rule 2004 includes other requirements that apply to leading or riding animals on roads and must be complied with on the roads where animals are permitted under this bylaw. For example, clause 11.14(4) prohibits a person from riding an animal on a footpath.

Under section 33 of the Impounding Act 1955 stock straying or wandering on any road can be impounded and the owner prosecuted for an offence under that Act.

Part 6: General road safety

Related information

The clauses in this Part are made under section 22AB(1)(zk) of the Land Transport Act 1998 to regulate road-related matters, including (but not limited to) enhancing or promoting road safety or providing protection for the environment.

In addition to the provisions of this bylaw, several other actions on roads, if done without the council’s permission, are offences under section 357(1) of the Local Government Act 1974. For example: a building or fence that encroaches on a road, digging up the soil of a road or excavation near a road, or placing or leaving any thing (such as a skip) on the road.

Similarly, if someone wants to use a road (including a footpath) for an event, the person must get the council’s permission under section 342 of the Local Government Act 1974. The council can also close roads for “vehicle races or trials, or any processions, carnivals, celebrations, sporting events, or other special events” under the Transport (Vehicular Traffic Road Closure) Regulations 1965.

16 Protection of people and vehicles when doing work near a road

(1) A person who is doing any work to, or on, any external part of a building that is adjacent to or near a road must take all reasonable steps to –

(a) protect any other person using or passing along the road from injury; and

(b) protect any vehicle using or passing along the road from damage; and

(d) prevent any damage being caused to the road.

In this subclause “work” includes altering, repairing, painting, or cleaning any part of the building.

Related information

For example, the person could erect a fence or hoarding to prevent people or vehicles from coming near the work.

Compliance with this subclause does not affect any obligations the person may have under the Health and Safety at Work Act 2015.

(2) A person who is doing building work that includes any one or more of the following being done on a road or a public place adjoining a road –

(a) erecting scaffolding, gantries, hoardings, or barricades; or

(b) depositing building materials; or

(d) using a crane, stationary engine, concrete mixer, air-compressor, crane, hoist, or other machinery –

must apply to the council for approval of that, or those, actions.

(3) In subclause (2), “building work” has the same meaning as in section 7(a) and (b) of the Building Act 2004 and “public place” means land or property of, or under the control of, the council.

Related information

As at 08 June 2021 the definition of building work in the Building Act 2004 is:

(a) means work—

(i) for, or in connection with, the construction, alteration, demolition, or removal of a building; and

(ii) on an allotment that is likely to affect the extent to which an existing building on that allotment complies with the building code; and

(b) includes sitework.

17 Safe placement of bins, skips or containers on roads

(1) A person must not place a waste bin, skip, shipping container or other similar receptacle on a road unless it –

(a) is not on a part of the road where parking is prohibited or restricted under the council’s Parking Bylaw; and

(b) does not encroach within one metre of a traffic lane; and

(c) has its edge that faces on-coming traffic painted white or a fluorescent colour that is in contrast to the colour of its main body and the edge markings are maintained to ensure clear visibility to traffic; and

(d) is not left on the road between half an hour after sunset of one day and half an hour before sunrise the following day unless properly lit by flashing amber lights on outer corners of the bin facing on-coming traffic.

(2) This clause does not apply to containers of domestic waste placed on a road in a manner that complies with the council’s Solid Waste Bylaw.

Related information

The council’s Solid Waste Bylaw can be read at this link: https://www.fndc.govt.nz/files/assets/public/objectivedocuments/governance-and-executive-management-gem/bylaws/solid-waste/solid-waste-bylaw-2016.pdf

18 Activities that may impede or obstruct road users

(1) A person must not organise or conduct a meeting, gathering, demonstration, parade, procession or competition on a road that impedes pedestrians or vehicles, or prevents or obstructs access to shops or premises adjacent to the road.

(2) A person must not participate in any assembly, or association, with other persons (including any of the activities referred to in subclause (1)) on a road that impedes pedestrians or vehicles, or prevents or obstructs access to shops or premises adjacent to the road.

(3) A person must not perform, sing, play musical instruments, preach, lecture or exhibit on a road –

(a) in a way that impedes pedestrians or vehicles; or

(b) in a way that prevents or obstructs access to shops or premises adjacent to the road.

Related information

A footpath is part of a road and this clause applies to footpaths accordingly.

Part 7: Approvals

19 Types of approval under this bylaw

(1) This clause is intended only as a guide to summarise the actions or things for which an approval is required under this bylaw and in the event of any conflict between this clause and any other clause of this bylaw, the latter prevails.

(2) A person may apply for an approval under this Part for –

(a) Displaying a sign that uses flashing or revolving lights (clause 11):

(b) Displaying an advertising sign for a temporary sporting, community or cultural event (clause 11):

(d) Occupying a road (including a footpath) with furniture or other things for alfresco dining (clause 13):

(e) Building work on a road or a public place adjoining a road (clause 16).

20 Application for approval

(1) An application for an approval required by this bylaw must be made to the council by the person who needs the approval (“the applicant”) and –

(a) be in the form required by the council; and

(b) include all the information required by this bylaw; and

Related information

(2) All applications for an approval must include –

(a) information about the applicant and their contact details as required in the form; and

(b) the address or a description of the location where the matter covered by the approval will occur.

(3) An application is not treated as having been made until all the provisions in this clause have been complied with.

21 Assessment of application

The council must assess all applications for approvals, including as follows –

(a) by determining whether the matter covered by the approval will comply with any applicable provisions of this or any other bylaw made by the council; and

(b) considering whether any conditions are required to be included in the approval under clause 23; and

(c) if the application relates to a sign, by considering any relevant assessment criteria in rule 16.7.2 of the Far North District Plan; and

22 Decision on application

(1) The council must decline an application for an approval if the matter to be covered by the approval –

(a) is not a permitted activity under any applicable plan, provision or requirement; or

(b) is not covered by a resource consent –

under the Resource Management Act 1991.

(2) The council may grant an approval if it is satisfied the approval will not, or is not likely to, –

(a) affect the safe or efficient operation of any road, footpath, grass verge, grass berm or public place; or

(b) be a nuisance, or source of a nuisance, or a health hazard, or a danger to traffic; or

(3) The council may decline an application for an approval if –

(a) it is not satisfied about any one or more of the matters in subclause (2); or

(b) granting the approval would unreasonably affect the council’s ability to enhance or promote road safety or provide protection for the environment.

(4) An applicant may withdraw their application at any time before a decision is made, but any fee paid with the application will not be refundable unless the council, in its absolute discretion, decides a refund, or partial refund, is reasonable in the circumstances.

23 Conditions on approvals

(1) All approvals granted under clause 22 include a condition that enables the council to carry out inspections to ensure the approval and its conditions are being complied with.

(2) The council may include conditions on an approval for any one or more of the following matters –

(a) limiting the days, or times of day, a thing can be put on a road, or public place adjoining a road, and the condition may also require the thing –

(i) to be lit by flashing amber lights on outer corners facing on-coming traffic or such other lighting that may be considered by the council to be sufficient; or

(ii) to be contained within an area on the road that has been fenced off in a manner that satisfies the council:

(b) payment of a bond, of an amount determined by the council, to be used by the council to make good any damage caused by the person granted the approval and the council may charge that person a further amount if the bond does not cover the full cost incurred by the council:

(c) where normal pedestrian traffic will be impeded or pedestrians will pass nearby, specifying how pedestrian safety is to be ensured:

(d) requiring action to be taken, including to –

(i) prevent tools, dust, rubbish, materials or water falling on vehicles or adjoining land; or

(ii) keep footpaths clean; or

(iii) prevent dirt or water falling on the public; or

(iv) protect road safety, including the safety of pedestrians; or

(v) prevent the obstruction of street channels; or

(vi) protect street lamps, which must not be enclosed unless specified otherwise in the approval; or

(vii) protect fire hydrants, which must not be enclosed and must be able to be easily got at and used; or

(viii) minimise any likely obstruction to road users:

(e) requiring the person granted the approval to hold a current insurance policy of a specified amount (such amount to be determined at the sole discretion of the council) covering any damage that may be caused and providing a copy of the policy to the council:

(f) requiring a copy of the approval to be displayed on any premises:

(g) restricting the area or space the approval applies to, including any area or space where parking is prohibited or restricted in the council’s Parking Bylaw:

(h) removal of litter:

(i) prohibiting or restricting the use of amplified equipment, megaphone or similar devices:

(j) requiring access to all underground services to be provided at all times:

(k) any other matter the council considers is reasonable to enhance or promote road safety or protect the environment.

24 Duration of approval

(1) All approvals granted under this bylaw have a duration of 12 months from the date granted, unless another duration period is specified in the approval.

(2) A person granted an approval may apply to the council to renew the approval, before the end of its duration, by –

(a) informing the council, in writing, the approval is still necessary and giving reasons why; and

(b) demonstrating any conditions are being met, or seeking amendment of the conditions.

(3) The provisions of this bylaw about approvals apply to the renewal of an approval, with any necessary modifications, including payment of any applicable fee.

(4) If the council has not made a decision on the renewal application before the duration of the approval ends, the approval will continue to have effect until the renewal application is decided.

(5) For the avoidance of doubt, if the duration of an approval has ended, the person granted the approval may apply for a new approval and refer to the previous approval to support their application, but during the time between the previous approval ending and a new one being granted, the applicant cannot do any of the things that were covered by the previous approval and must take all actions necessary to ensure the location of anything done under the previous approval is made safe for all road users.

25 Objections

(1) An applicant may object to the council about –

(a) a decision to decline an approval by lodging an objection in writing within 20 working days after the date of the decision; or

(b) a condition on an approval by lodging an objection in writing within 20 working days after the date of the decision.

(2) The council will make a decision on an objection within 20 working dates of the date the objection is received and will provide the decision, in writing, to the applicant. The decision must include the reasons for the decision.

(3) Nothing in this clause affects the right of an applicant to apply for judicial review of a decision to decline an application for an approval or a decision to include conditions on an approval.

26 Amendment of approval

27 Transfer of approval

Approvals are not transferable.

28 Suspending or cancelling approval

(1) The council may suspend or cancel an approval, in its absolute discretion, if –

(a) clause 14 applies; or

(b) any conditions on the approval are not being met; or

(c) the council considers the suspension or cancellation necessary to enhance or promote road safety or provide protection for the environment.

(4) The person who was granted an approval that is suspended or cancelled under this clause may object to the council about the suspension or cancellation by lodging an objection in writing within 20 working days after the date of the suspension or cancellation.

(5) The council will make a decision on an objection within 20 working dates of the date the objection is received and will provide the decision, in writing, to the applicant. The decision must include the reasons for the decision.

(6) Nothing in sub-clauses (4) or (5) affects the right of the person to apply for judicial review of a decision to suspend or cancel an approval.

(7) Any fees paid for the approval are not refundable if the council suspends or cancels the approval.

29 Other obligations not affected

An approval does not affect or limit the obligations of any person to comply with any legislation or regulatory requirement that applies to the matters covered by the approval.

Part 8: Enforcement, offences and penalties

Related information

The council has powers under the Land Transport Act 1998 and Local Government Act 2002 to take various actions to enforce the provisions of this bylaw. For example, under section 128E of the Land Transport Act 1998 the council can remove vehicles that are causing an obstruction, and under section 163 of the Local Government Act 2002 the council can remove any work or thing and recover the costs of that removal. All other actions to enforce the provisions of this bylaw are taken by the Police.

30 Offence and penalty

(1) A person who breaches this bylaw commits an offence for which the fine is $1,000.

(2) Subclause (1) does not prevent the council from having recourse to other legal remedies, as it sees fit, to enforce the provisions of this bylaw.

Related information

Breaches of this bylaw may also be offences under the Land Transport (Offences and Penalties) Regulations 1999 with fines of up to $1000.

Part 9: Savings and transitional provisions

31 Parking and Traffic Control Bylaw revoked in part

(1) Clauses 2004, 2006, 2007, 2008, 2009 and Schedules 2, 3, 4, 5, 6, 7 and 8 of the Parking and Traffic Control Bylaw made by the council on 17 June 2010 and all amendments made to those clauses or schedules are revoked.

(2) All resolutions made pursuant to the provisions referred to in subclause (1) are also revoked.

(3) The revocations in this clause do not prevent any legal proceedings, criminal or civil, commenced to enforce the bylaw or resolutions from continuing to be dealt with and completed as if the bylaw or resolutions had not been revoked.

32 Skating and Cycles Bylaw revoked

(1) The Skating and Cycles Bylaw made by the council on 12 July 2007 and all amendments made to that bylaw are revoked.

(2) The revocation of the Skating and Cycles Bylaw in this clause does not prevent any legal proceedings, criminal or civil, commenced to enforce that bylaw from continuing to be dealt with and completed as if the bylaw had not been revoked.

33 Nuisances Bylaw revoked in part

Clause 1106 of Chapter 11 (Nuisances) of the General and Fire Bylaw made by the council on 28 November 1990 is revoked.

34 Applications, approvals etc under revoked bylaws

All applications, approvals, permits, documents, matters, acts, and things that were made, approved or authorised under the provisions of the Parking and Traffic Control Bylaw revoked in clause 31, and are continuing at the commencement of this bylaw, will continue, and be treated, as if they are applications made, or approvals granted, under this bylaw, except –

(a) any approval, permit or authorisation will only continue until the date that is 12 months from the date this bylaw commenced; and

(b) any approval, permit or authorisation cannot be renewed under this bylaw.

35 Other existing permits or approvals for matters regulated under this bylaw

If, before the date this bylaw commenced, the council granted a person a permit, authorisation, licence, approval or other form of consent to do any act or thing that is regulated under this bylaw, that permit, authorisation, licence, approval or other form of consent will continue, and be treated, as if it is an approval granted under this bylaw, except –

(a) the permit, authorisation, licence, approval or other form of consent will only continue until the date that is 12 months from the date this bylaw commenced; and

(b) the permit, authorisation, licence, approval or other form of consent cannot be renewed under this bylaw.

Related information

The effect of clauses 34 and 35 is that anything that may have been previously approved by the council, whether under the revoked bylaws or under the council’s general powers in the Local Government Act 2002 or any other Act, will continue to be approved until 12 months after this bylaw commences. If the person doing the thing wants to continue doing it after that date, they must apply for a new approval under this bylaw. Clause 35 in particular will affect people who have permits, licences or approvals for mobile shops or signs.

Schedules

36 Roads that have vehicle restrictions or prohibitions

(1) Schedule 1 lists the roads, or parts of roads, where, under clause 7, vehicles must travel only in the direction specified.

(2) Schedule 2 has 3 parts –

(a) Part A lists the roads, or parts of roads, where under clause 8 vehicles are prohibited from turning to the right:

(b) Part B lists the roads, or parts of roads, where under clause 8 heavy motor vehicles are prohibited:

(3) Schedule 4 lists the roads or public places where, under clause 13, the occupation of a stand or stall by a hawker, pedlar, or keeper of a mobile or travelling shop is prohibited or restricted. Schedule 4 has two parts –

(a) Part A specifies the roads or places where stands or stalls are prohibited:

(b) Part B specifies the roads or places where only certain types of stands or stalls can be approved.

(4) The Schedules described in this clause are organised by the type of restriction or prohibition. Schedule 5 shows all the restrictions or prohibitions on maps for the town or area they apply to, for ease of reference only. Schedule 5 is not part of this bylaw and if there is any conflict or inconsistency between it and the other Schedules in this clause, the other Schedules prevail.

37 Provisions for signs to not be a danger or nuisance

Schedule 3 states provisions for the construction, fixing, placing and maintenance of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes that will be treated by the council as not constituting a danger or nuisance under clause 11(2)(h).

38 Amendment of Schedules

(1) The council may, by resolution, add or remove any road, or part of a road, or public place from Schedules 1, 2, or 4.

(2) The council may, by resolution, add or remove any provisions from Schedule 3.

(3) Schedule 5 may be amended or removed without any formality.

Schedule 3 – Provisions for signs to not constitute a nuisance or danger

Clause 11(2)(h)

Posters, placards, handbills, writings, pictures, or devices for advertising or other purposes that meet the provisions of this Schedule will be treated by the council as not constituting a danger or nuisance under clause 11(2)(h).

(1) The poster, placard, handbill, writing, picture, or device must be constructed, fixed, placed and maintained to:

(a) not exceed 1 square metre in area or 2 metres for any edge dimension:

(b) use a colour combination for the background, wording and legend that does not cause confusion with any of those used for any official road sign or traffic sign:

(d) use no reflective material:

(e) provide no internal or external illumination:

(f) have the bottom edge not more than 2.5 metres above road level or ground

(g) contain no moving parts or a dynamic display.

(h) not reduce the width of any footpath or other place used by pedestrians to less than 1.5 metres and if fixed, be not closer than 5 metres from the edge of the carriageway, if moveable, be not closer than 2 metres from the edge of the carriageway:

(i) be secured against wind gusts:

(j) not project more than 50mm from a building frontage if it is less than 2.5 metres above ground level:

(k) be more than the following distances from an intersection, permanent regulatory or warning sign, curve (with chevron signing), or pedestrian crossing:

(i) 100 metres in the urban environment (being the areas covered in Chapter 7 of the Far North District Plan); or

(ii) 200 metres in the rural environment (being the areas covered in Chapter 8 of the Far North District Plan).

(2) On roads where the speed limit is 70km/h or less, the poster, placard, handbill, writing, picture, or device must use lettering and symbols at least 120 millimetres in height.

(3) On roads where the speed limit is greater than 70km/h, the poster, placard, handbill, writing, picture, or device must:

(a) use lettering and symbols at least 160 millimetres in height and use expressway, helvetica, hyperion, impact, tahoma or univers font:

(b) provide an unrestricted view to drivers for a minimum distance of 180 metres:

(c) have supports that meet the relevant requirements regarding strength, rigidity and impact performance in section 7.0 of the New Zealand Transport Agency’s “Traffic Control Devices Manual – Part 1 General requirements for traffic signs”.

Related information

The Traffic Control Devices Manual – Part 1 General requirements for traffic signs can be read at this link: Traffic control devices manual - Part 1: General requirements for traffic signs (nzta.govt.nz)

Schedule 4 – Roads, or parts of roads, where occupation of a stand or stall is prohibited or restricted

Clause 13

Part A – Places where stands or stalls are prohibited

Kerikeri

Any place in the Stone Store Basin that is within a 300 metre radius of the Stone Store, including Landing Road.

Start GPS: -35.2150106378605, 173.962339324991

End GPS: -35.2150106378605, 173.962339324991

Paihia

Any place outside the Memorial Hall on Williams Road.

Start GPS: -35.2822803795467, 174.090925796558

End GPS: -35.2824091261618, 174.090781583073

Russell

The Strand (North)

Start GPS: -35.2618361520496, 174.12151016454

End GPS: -35.2598179764385, 174.12065684762

The Strand (South)

Start GPS: -35.2618361520496, 174.12151016454

End GPS: -35.264872330982, 174.121538317746

Part B – Places where type of stand or stall is restricted

(1) Approvals for stands or stalls in or on the following roads or public places are restricted to those that spend a maximum of 60 minutes at the location, for example, mobile ice cream vendors –

(a) In Pahia at –

(i) Paihia Beach and all reserves between School Road and Seaview Road

Start GPS: -35.2851187007768, 174.096891702562

End GPS: -35.2823553472988, 174.093036912683

(ii) Te Tii Beach between the roundabout on junction of Puketona Rd and Marsden Rd through to the Bluff

Start GPS: -35.2788504373091, 174.089661222051

End GPS: -35.2773440975235, 174.08293900111

(iii) Te Karuwha Parade

Start GPS: -35.2774686433065, 174.082874727032

End GPS: -35.2706370437992, 174.079689916184

(b) In Russell at –

(i) Tapeka Point Beach

Start GPS: -35.2470182629473, 174.116510214275

End GPS: -35.2460729956379, 174.118431103766

(ii) Long Beach in or on any place outside of the car park area

Start GPS: -35.2570963427531, 174.131095418639

End GPS: -35.2610813938921, 174.140446317826

(2) Approvals for stands or stalls in or on the following roads or public places are restricted to those used by operators of a passenger service vehicle to sell tours or trips –

(a) In Paihia at Paihia Beach and all reserves between the Bluff through to School Road

Start GPS: -35.2823699222072, 174.093047512929

End GPS: -35.2788504373091, 174.089661222051

Appendix 1 – Table of provisions from previous bylaws and policy

Parking and Traffic Control Bylaw (“PTC”)

PTC Clause number/s	Brief description of provision	Clause number/s in new bylaw
2002	Interpretation	6
2004	Advertising vehicles for sale	Will be covered in new Parking Bylaw
2006.1 and 2006.2	Controlling direction of travel of vehicles	7 and 8
2006.3	Skips on roads	17
2006.4	Working on vehicles on roads	Will be covered in new Parking Bylaw
2006.5	Building operations on roads	16
2007.1	Exemptions	Covered in the Land Transport (Road User) Rule 2004
2007.1	Power to grant dispensations	Part 7
2008.1, 2008.2 and 2008.3	Offences and powers to remove vehicles and items	30 and “related information” box
2008.4	Power to amend Schedules	38
2009	Fees and Charges	Covered in Fees and Charges Policy
Schedule 2	Conditions for advertising vehicles for sale	Will be covered in new Parking Bylaw
Schedule 4	Conditions for placing bin, skip etc on road	17 and 23
Schedule 5	Conditions for building operations on road	16 and 23
Schedule 6	One way streets	Schedule 1
Schedule 7	Restricted vehicles	Part B Schedule 2
Schedule 8	No right turns	Part A Schedule 2

Control of Public Places Bylaw (“PP”)

PP Clause number/s	Brief description of provision	Clause number/s in new bylaw
3203 - 3213	Control of advertising	11 and Schedule 3
3214	Obstruction of a public place	18
3215	Damage to a public place (including unauthorised work or access)	10 and “related information” box at the beginning of Part 6
3216	Public safety and nuisances, including littering, skateboarding etc.	8(3) and 9
3217	Awnings and blinds in public places	“related information” box at the beginning of Part 6
3218	Projections (encroachments) on public places	10 and 11
3219	Barbed wire and electric fences	10
3220	Assembly and busking in public places	18
3222	Al fresco dining	13
3223	Livestock and animals	15

Mobile Shops and Hawkers Bylaw (“MSH”)

MSH Clause number/s	Brief description of provision	Clause number/s in new bylaw
404, 405 and 408	Licence requirements, Vehicle or container conditions, moving on request	12
409	Street stalls	12
410	Advertising signs (in relation to trading)	11
Schedule	Locations where trading is restricted.	Schedule 4

Skating and Cycles Bylaw (“SC”)

SC Clause number	Brief description of provision	Clause number in new bylaw
2	Prohibited areas	8(3)
3.2	Removal of devices	“related information” box in Part 8
4	Offences and penalties	30
5	Changes to schedule	38
Schedule	Places where use of devices is prohibited	Part C Schedule 2

Nuisances Bylaw (Chapter 11 of the General and Fire Bylaw)

Clause number	Brief description of provision	Clause number in new bylaw
1106	Vehicles containing offensive material not to be left on road	9

Alfresco Dining Policy (“AD”)

AD Clause number	Brief description of provision	Clause number in new bylaw
Procedures	Application requirements	Part 7
2 to 4	Application processing	6 definition of “council” and Part 7
6	Maximum area	13
8	Cleaning and maintenance of area	23
9	No obstruction of access or egress	13(2)
10	No use of areas near bus stop, taxi stand etc	13(2)
12	Consent is business and person specific	27
14 and 20	Consent can be revoked or suspended	14 and 28
15	Fees	20(1)(c)
16	Area and time specified in consent	23
17	No alcohol can be served	13 “related information” box
19	Public liability insurance	23
21 and 22	Other conditions remain and owners must comply with other consents or licences	29

Strategy and Policy Committee Meeting Agenda

7 September 2021

1 Context and Situation

There are currently 15,602 on-site wastewater disposal systems in the Far North District, of which 12,213 (78%) are septic tanks. The main cause of on-site wastewater disposal system failure is lack of ongoing servicing and regular maintenance. Wastewater discharging from failing systems contains pathogens (e.g. E.coli, and campylobacter) and nutrients (e.g. nitrates, phosphorus and sodium) that can be harmful to humans and the environment. Effluent discharge and contamination can lead to public health harm and nuisance.

During 2002-2003, the Far North District Council (“the Council”) conducted on-site effluent surveys and identified that 90% of effluent discharge found in stormwater samples was due to the lack of maintenance of on-site wastewater disposal systems. To manage potential harms to the environment and public health, the Council made a Control of On-site Wastewater Disposal Systems Bylaw on 26 May 2010. The Bylaw was made under section 146(a)(i) of the Local Government Act 2002 and was due for review by 26 May 2020, but was not reviewed by that date. This means the Bylaw will be revoked, under section 160A of the Local Government Act 2002, on 26 May 2022.

On 20 May 2021, under section 155(1) of the Local Government Act 2002, the governing body of the Council determined that:

· that a bylaw is the most appropriate way of addressing problems related to the maintenance of on-site wastewater disposal systems in the Far North District

· a new bylaw should be made before the current Control of On-site Wastewater Disposal Systems Bylaw is revoked^{^[3]}.

2 Proposal

The Council proposes to make a new on-site wastewater disposal systems bylaw under section 146(a)(i) of the Local Government Act 2002 to protect public health and prevent nuisance by prescribing requirements for the maintenance of on-site wastewater disposal systems.

3 Reasons for the proposal

As the bylaw was not reviewed in time, under section 160A of the Local Government Act 2002, the bylaw must revoke on 26 May 2022. Council is not able to stop the bylaw from being revoked.

Therefore, to continue the regulation of on-site wastewater disposal systems a new bylaw must be made.

4 Analysis of the reasonably practicable options

The governing body of the Council considered four options for addressing problems relating to the maintenance of on-site wastewater disposal systems:

· Make a bylaw

· Provide information, education, and advice

· Council service all on-site wastewater disposal systems in the District

An option to “do nothing”, i.e. allow the Bylaw to revoke in March 2022, was not considered to be a reasonably practicable option due to the risk to public health from failing on-site wastewater disposal systems.

The advantages and disadvantages of the options are summarised in the following table.

Option	Advantages	Disadvantages
Make a Bylaw	Maintenance of on-site wastewater disposal systems continue to be regulated · preventing effluent discharge and contamination · protecting public health · preventing or abating health nuisances Register and contactor systems are already in place	None
Provide information, education, and advice	Register and contractor systems are already in place, removing the main set-up cost of an education only system.	Risk that property owners will be less inclined to clean and maintain on-site wastewater disposal systems without regulation leading to increased risk of effluent discharge and contamination. Council can only enforce repair of an on-site wastewater disposal system once complete failure has occurred.
Council service all on-site wastewater disposal systems in the District	Register and contractor systems are already in place, removing some of the set-up costs. All on-site wastewater systems would be maintained regularly	Requires the implementation of a targeted rate May require septage screens to be installed at more wastewater treatment plants, increasing infrastructure costs. Risk that Council may be liable for repairs to on-site wastewater disposal systems if damaged during the cleaning process. As a result of the upcoming Three Waters reforms, the operation and maintenance of wastewater will most likely be regionalised. Council can only enforce repair of an on-site wastewater disposal system once complete failure has occurred.

5 New Zealand Bill of Rights Act 1990 implications

Part 2 of the New Zealand Bill of Rights Act 1990 sets out twenty rights that are affirmed and protected, that may only be subject to reasonable limits that can be demonstrably justified in a free and democratic society. Section 155(2)(b) of the Local Government Act 2002 requires the Council to determine if the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. The Council will fully assess these implications before it makes the On-site Wastewater Disposal Systems Bylaw.

However, a preliminary assessment has identified the Bylaw may potentially have implications on Section 14: Freedom of Expression in that information regarding the status of on-site wastewater disposal systems must be provided to the Council. The wording "information of any kind and in any form" suggests that section 14 may apply to a regulatory requirement to produce information or documents however this is unclear.

Although, the bylaw’s provisions are justified because they only limit the rights of individuals to the extent it is reasonable to do so to in order for other people’s rights and freedoms to be maintained

The Bylaw may also potentially have implications on Section 21: Security Against Unreasonable Search or Seizure, whether of the person, property, or correspondence. However, the bylaw does not contain any new powers for search or seizure, the applicable powers (that are cross-referenced in the bylaw) are already in statutes.

Therefore, any limitations on the rights mentioned are likely to be justified in accordance with the New Zealand Bill of Rights Act 1990.

6 How to give your views on the proposal

The Council encourages any person or organisation affected by, or having an interest in, the On-site Wastewater Disposal Systems Bylaw to present their views on the proposal to the Council by making a submission.

You can make a submission by using any of the following methods:

· online at the Council’s website www.fndc.govt.nz/have-your-say

· email your submission to submissions@fndc.govt.nz

· post your submission to: Strategy Development Team, Far North District Council, Private Bag 752, Kaikohe 0440

· make an oral presentation of your submission at a meeting of the Council’s Strategy and Policy Committee

Please include your full name and email address or postal address in your submission if you want:

· the Council to acknowledge receipt of your submission

· to make an oral presentation – you will be contacted about when and where the meetings for this are taking place.

Privacy statement – Please be aware, any submissions that are made on the new on-site wastewater disposal systems bylaw become part of the public consultation process. As such, all submissions, any summaries of submissions, and any documents provided with your submission, are copied and made available to the Council’s governing body as well as the public. Any personal information included with a submission such as your name is treated as part of the submission and will also be released publicly. Your submission and any personal information that you supply such as your name will not be treated as confidential unless you specifically request it in your submission.

6.1 Draft On-site Wastewater Disposal Systems Bylaw

The draft bylaw is as follows:

On-site Wastewater Disposal Systems Bylaw

Clause Description Page

1 Title

2 Related information

3 Commencement

4 Application

Part 1: Preliminary provisions

5 Purpose

6 Interpretation

Part 2: Maintenance Requirements

7 Owner is responsible for maintenance
8 Maintenance of systems

Part 3: Offences and penalties

9 Offences
10 Penalties

1 Title

This bylaw is the On-site Wastewater Disposal Systems Bylaw.

2 Related information

Boxes headed “Related information” in this bylaw are for information purposes only, and –

(a) they do not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3 Commencement

This bylaw comes into force two days after the date it is made.

Related information

This bylaw is due for review by [date to come].

4 Application

This bylaw applies to the district of the Far North District Council.

Part 1: Preliminary provisions

5 Purpose

The purpose of this bylaw is to protect public health and prevent nuisance by prescribing requirements for the maintenance of on-site wastewater disposal systems.

Related information

The design and installation of on-site wastewater disposal systems are regulated under the Building Act 2004, Resource Management Act 1991, and Plumbers Gasfitters and Drainlayers Act 2006.

6 Interpretation

(1) In this bylaw, unless the context otherwise requires, -

alternative system means an on-site wastewater disposal system that separates all, or some of, the grey water from toilet wastewater for treatment, including waterless toilet systems such as composting toilets, and vermiculture systems, peat bed treatment systems, and powerless systems.

commercial has the same meaning as in schedule 1 of the Building Regulations 1992.

Related information

As at 01 January 2017, the definition is: “Applies to a building or use in which any natural resources, goods, services or money are either developed, sold, exchanged or stored. Examples: an amusement park, auction room, bank, car-park, catering facility, coffee bar, computer centre, fire station, funeral parlour, hairdresser, library, office (commercial or government), Police station, post office, public laundry, radio station, restaurant, service station, shop, showroom, storage facility, television station or transport terminal.”

council means the governing body of the Far North District Council, or any person delegated to act on its behalf.

Related information

As at 01 January 2017, the definition is: “Applies to a building or use where people use material and physical effort to:

(a) extract or convert natural resources,

(b) produce goods or energy from natural or converted resources,

(d) store goods (ensuing from the industrial process).

Examples: an agricultural building, agricultural processing facility, aircraft hangar, factory, power station, sewage treatment works, warehouse or utility.”

industrial has the same meaning as in schedule 1 of the Building Regulations 1992.

mechanical system means a system designed for the disposal of wastewater that operates in a mechanical way, and is driven by a power source, and is not a conventional septic tank, or similar type system.

on-site wastewater disposal system means:

(a) any system for the reception and disposal of wastewater, including any septic tank, mechanical system, alternative system, greywater system, cesspit, drainage or soakage pit or bore; and,

(b) the field tiles, scoria, or stone contained therein; and,

owner has the same meaning as in section 2(1) of the Local Government Act 1974

Related information

As at 22 October 2019, the definition is: "... in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent."

suitably qualified person means any person recognised by the Council as being suitably qualified to prepare appropriate reports and assessments for On-Site Wastewater Disposal Systems.

Related information

The current list of approved suitably qualified persons for assessment and effluent removal can be found on the Council’s website under Onsite Wastewater disposal. Person(s) seeking Council approval as suitably qualified for Onsite Wastewater disposal services can apply on the Council’s website under Onsite Wastewater disposal.
Examples of suitably qualified persons are:

· installers of the on-site wastewater disposal system; and

· industry service technicians; and

· persons recommended by the manufacturer of the on-site wastewater disposal system; and

· appropriately trained, experienced professional maintenance contractors

(2) The Interpretation Act 1999 applies to this bylaw.

Part 2: Maintenance Requirements

Related information

As part of the consenting processes all on-site wastewater disposal systems are required to have a manufacturers maintenance and operation manual which the owner of a property or their agent is required to follow. Further resources on on-site wastewater disposal systems can be obtained from Northland Regional Council.

7 Owner is responsible for maintenance

(1) The owner of the land where an on-site wastewater disposal system is located must:

(a) operate, clean and maintain the system to ensure the system does not cause a nuisance or endanger public health; and

(b) comply with clause 8.

(2) The owner of land, on which an on-site wastewater disposal system is installed, must provide evidence to the council that a suitably qualified person has certified the on-site wastewater system is functioning in accordance with the manufacturer’s maintenance and operation manuals. The owner will supply this evidence within 28 days of the system being assessed.

8 Maintenance of systems

(1) Except as provided in subclauses (2) and (3), an on-site wastewater disposal system must be assessed by a suitably qualified person at least every five years.

(2) Except as provided in subclause (3), if an on-site wastewater disposal system is installed on a commercial or industrial property, the system must be assessed and maintained by a suitably qualified person –

(a) in accordance with the manufacturer’s maintenance and operation manual; or

(b) at least every three years.

(3) If an on-site wastewater disposal system is –

(a) a mechanical system; or

(b) an alternative system –

the assessment and maintenance must be carried out by a suitably qualified person at least once every year in accordance with the manufacturer’s maintenance and operation manual.

(4) If an assessment under this clause determines any physical work is required to ensure the onsite wastewater system is functioning correctly, that work must be undertaken within 28 days of the assessment.

(5) Council may inspect on-site wastewater disposal system to protect public health or prevent nuisance -

(a) If the council has not received the certificate required in clause 7(2), the council may send a written notice to the owner requiring the owner to provide evidence that the required maintenance work has been carried out and giving the owner 28 working days to comply;

(b) If the owner does not comply with subclause (a), the council may inspect the on-site wastewater disposal system under section 172 of the Local Government Act 2002 to determine whether this bylaw has been complied with;

(c) If an inspection under subclause (b) provides evidence the on-site wastewater disposal system has not been maintained, the council may, by written notice, require the owner to carry out work specified in the notice and give the owner 28 working days to comply;

(d) If the owner does not comply with a notice given under subclause (c), the council may carry out the work required and recover any costs incurred under section 186 of the Local Government Act 2002.

Related information

If the council is satisfied an on-site wastewater disposal system is dangerous, affected or insanitary, the council can use its powers under section 124 of the Building Act 2004, including issuing a notice requiring work to be carried out.

Part 3: Offences and penalties

Related information

Examples of breaches of this bylaw include:

· failing to provide Council with an on-site wastewater system maintenance certificate within the specified timeframe(s) at clause 7; or

· failing to perform necessary repair work identified by a suitably qualified person during the maintenance assessment of the on-site wastewater system; or

· failing to comply with Council notices to remedy, repair and/or maintain the on-site wastewater system.

9 Offences
Any person who breaches this bylaw commits an offence under section 239 of the Local Government Act 2002.

10 Penalties

A person who is convicted of an offence of breaching this bylaw is liable to a fine of up to $20,000 under section 242 (4) of the Local Government Act 2002.

[1] .id Estimated residential population figures 1996 – 2020 retrieved from this link: Current population estimate | Far North District | profile.id (idnz.co.nz)

[2] .id Estimated residential population figures 1996 – 2020 retrieved from this link: Current population estimate | Far North District | profile.id (idnz.co.nz)

Time:	9.30 am
Location:	Held Electronically via Microsoft Teams

Compliance requirement	Staff assessment
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy	This is a matter of low significance.
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision.	This report complies with the Local Government Act 2002 Schedule 7 Section 28.
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought.	It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant.
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water.	There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report.
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences.	This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports.
State the financial implications and where budgetary provisions have been made to support this decision.	There are no financial implications or the need for budgetary provision arising from this report.
Chief Financial Officer review.	The Chief Financial Officer has not reviewed this report.

Service/Facility/Activity	2021 % satisfied residents	2020 % satisfied residents	2019 % satisfied residents	2018 % satisfied residents
Kaikohe Pool*	100%	94%	50%	92%
Public libraries	96%	96%	93%	89%
Cemeteries	90%	84%	80%	86%
Awareness of community board	82%	89%	78%	85%
Community recycling stations	81%	86%	82%	85%
Kawakawa Pool	80%	87%	81%	88%
Refuse transfer stations	79%	81%	77%	80%
Service received when contacting Council	71%	65%	65%	68%
Wastewater	66%	74%	80%	80%
Range of parks and reserves	63%	70%	60%	59%
Kaitāia Pool*	62%	77%	65%	75%
Kerikeri Pool*	60%	87%	69%	88%
Water supply	57%	65%	60%	69%
Access to the coast	55%	63%	51%	59%
Public toilets	55%	59%	55%	63%
Car park facilities	44%	51%	41%	48%
Local footpaths	42%	51%	35%	38%
Local roads	38%	56%	37%	43%
Stormwater drainage	35%	49%	48%	41%
Informed about what Council is doing (All)	25%	36%	28%	26%
Informed about what Council is doing (Māori)	22%	37%	26%	24%
Aware of changes to the District Plan	20%	24%	24%	29%
Informed about the District Plan	15%	22%	18%	23%