Bylaws Review Statement of Proposal

In accordance with the provisions of the Local Government Act 2002 the Tararua District Council has reviewed fourteen of its bylaws, and the changes proposed are set out in the Statement of Proposal adopted for consultation and open to submissions from the community and interested parties. These bylaws give additional powers to manage Council activities; address nuisance, health and safety and offensive behaviour; and provide various powers such as to impose fees, allow access to property, and set notice provisions for required actions.  The Dog Control Policy also forms part of this consultation.

A copy of the Bylaws Review Statement of Proposal (that includes a summary of the information and Dog Control Policy) is available on the Council’s website (see below), or hard copies can be obtained from the Council’s Service Centres and Libraries in Dannevirke, Woodville, Pahiatua and Eketahuna.

Download the Bylaws Review Statement of Proposal (2.85MB pdf)

Click here to view the proposed Bylaws alongside the existing ones.

Submissions closed on Saturday 31 March 2018.

Summary of the main changes

The bylaws are attached to the Bylaws Review Statement of Proposal. There is a list of the changes to each bylaw at the beginning of that bylaw. Below is a summary of the main changes:

1. Introductory Bylaw

Some definitions are proposed to be amended or added to the bylaw, service of notices is clarified and a new process added to allow objections to decisions.

2. Public Places Bylaw

Amendments are proposed to take account of the Psychoactive Substances Act, Civil Aviation Rules, the Freedom Camping Act, existing powers under the Litter Act 1979 and New Zealand Bill of Rights Act 1990. Clauses that are more relevant to traffic have been removed to the Traffic and Road Use Bylaw. Clauses that breach the New Zealand Bill of Rights Act will be revoked.

3. Hostels Bylaw

This bylaw is proposed to be revoked as the Residential Tenancies Act 1986 has been amended to cover this area.

4. Trading in Public Places Bylaw

It is proposed to add provisions to bring hawkers and mobile shops within the bylaw to provide a more equitable trading environment.  The provisions will restrict them from operating outside business hours or within 100 metres of similar premises (except supermarkets) and require compliance with bylaws, health and traffic regulations. Hawkers and mobile shops will be required to self-manage litter and will not be allowed to place tables and chairs in public places.

5. Solid Waste Bylaw

The proposed bylaw has been rewritten to take into account the Waste Minimisation Act and link it to the Tararua Waste Management and Minimisation Plan. Provisions have also been introduced to clarify the responsibilities of owners/occupiers, and to empower a licensing system, should that be required in future, to deal with the identified problem of overloading existing infrastructure.

6. Water Supply Bylaw

It is proposed to amend the bylaw to:

Allow a graduated, seasonally adjusted scale of charges for extraordinary users.

Clarify the existing provisions to ensure that use of reticulated water by extraordinary users is for domestic use only.

Require residents in Akitio and Norsewood to increase storage tank capacity to 20,000 litres within a year of the adoption of the bylaw (this will also enhance fire-fighting capability in those areas).

7.  Fires in the Open Air Bylaw

Fire and Emergency New Zealand now undertakes this responsibility, and it is proposed to revoke this bylaw with effect from 1 July 2018 when they intend to have their own bylaws in place for this purpose.

8. Dog Control Bylaw

See Dog Control Policy below.

9. Keeping Animals, Cats, Poultry and Bees Bylaw

Amendments are proposed to introduce standards of care, permits to keep pigs in town, restricting the slaughter of stock or poultry in town, and requiring bee keepers to notify their hives to Council.

Controls are introduced on keeping more than three cats where complaints are received, or they are offensive to the occupier of a neighbouring property, a threat to public health, or an endangerment to neighbouring animals or may become a nuisance, injurious or hazardous.

10. Cemeteries Bylaw

Changes are proposed to require approval of headstones and its wording or images to manage problems of offensive wording or images, provided efforts are made to find an agreement (to facilitate reasonable freedom of expression under the New Zealand Bill of Rights Act) to manage tributes placed on plots, to prevent misconduct, and to revoke the clause requiring Council burial of a poor person.

11.  Cultural and Recreational Facilities Bylaw

This bylaw is proposed for revocation, and the clauses transferred to the Public Places Bylaw.

12.  Wastewater Drainage Bylaw
13. Trade Waste Bylaw

No changes are proposed to these bylaws other than updating references and correcting minor errors.

14.  Traffic and Road Use Bylaw

It is proposed to amend the bylaw to add “road use” to the title, to include provisions for electric vehicle charging stations and to address stock crossings as well as incorporating and amending clauses from the Public Places Bylaw that deal with the repair of vehicles in the road and abandoned vehicles.

Click here to view the proposed Bylaws alongside the existing ones.

Dog Control Policy

The Council is also consulting on the Dog Control Policy which must be in place prior to the adoption of changes for the Dog Control Bylaw.  In this policy it is proposed to:

  • Improve alignment between the policy and the Dog Control Act.
  • Introduce remedies Council can take when dealing with dogs causing a nuisance or affecting health or damaging property.
  • Introduce rules for re-homing dogs (dogs must be neutered and re-homed to suitable owners).
  • Introduce rules for boarding and breeding kennels (kennels no closer than 10 metres from boundary, fenced exercise area, annual registration of the facility).
  • Introduce a new power to enable Council to declare a temporary “dog prohibited area” for a specified period of time (for example, for use during an event).
  • Allow owners classified as “probationary” to have the classification removed if they have attended an appropriate course.
  • Require signage where dangerous dogs are kept.
  • Classify as dangerous dogs caught (and not destroyed) running at large amongst stock or poultry.
  • Clarify and expand the dog control activities for which Council can charge fees.

Submissions closed on Saturday 31 March 2018.

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