Bylaws Hearings Panel

Open Minutes

 

 

Date:                                     Monday 16 October 2017

Time:                                    9am

Venue:                                 Boardroom
Fendalton Service Centre
Corner of Clyde and Jeffreys Road
Christchurch

 

 

Panel

Chairperson

Members

Deputy Mayor Andrew Turner

Councillor David East

Councillor Glenn Livingstone

 

 

16 October 2017

 

 

 

 

 

Mark Saunders

Committee and Hearings Advisor

941 6436

mark.saunders@ccc.govt.nz

www.ccc.govt.nz

 

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 


Hearings Panel

16 October 2017

 

   

The agenda was dealt with in the following order.

1.   Apologies

There were no apologies.

2.   Election of Chairperson

 

Committee Resolved BLHP/2017/00018

It was decided that Deputy Mayor Andrew Turner be appointed Chairperson of the Hearings Panel.

Councillor Livingstone/Councillor East                                                                                                                Carried

  

7.   Volumes of Submissions

 

Staff Recommendation

It is recommended that the Hearings Panel accept the written submissions included in the volumes of submissions, including the late submissions received from the following submitters:

 

Submission No

Submitter

7137

Max Barnes

7103

Papanui-Innes Community Board – Ali Jones

7064

Orion – Joanne Pacey

7419

Michael Dunn

 

 

 

Committee Resolved BLHP/2017/00019

Hearings Panel Decision

It was decided that the Hearings Panel accept the written submissions included in the volumes of submissions, including the late submissions received from Max Barnes, Papanui-Innes Community Board, Orion, and Michael Dunn.

Deputy Mayor/Councillor Livingstone                                                                                                                Carried

 

3.   Staff Report to the Hearings Panel on the Proposed Amendments to the General Bylaw 2008

 

Staff Recommendations

1.              That the Hearings Panel considers the results of the consultation process which resulted in four submissions being lodged, all in support to the proposed changes to the bylaw.

 

2.              That the Hearings Panel report the outcome of this process and that the Panel recommend that the Council adopt the proposed amendments to the General Bylaw 2008.

 

 

 

 

Hearings Panel Comment

The Hearings Panel received a staff presentation on the Proposed Amendments to the General Bylaw 2008 and refrained from deciding upon its recommendations to Council until its deliberations at Item 9.

 

4.   Staff Report to the Hearings Panel on the Proposed Traffic and Parking Bylaw 2017

 

Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Traffic and Parking Bylaw 2017.

 

Hearings Panel Comment

The Hearings Panel received a staff presentation on the Proposed Traffic and Parking Bylaw 2017 ahead of hearing submitters as noted under Item 8 and refrained from deciding upon its recommendations to Council until its deliberations at Item 9.

 

5.   Staff Report to the Hearings Panel on the Proposed Marine, River and Lake Facilities Bylaw 2017

 

Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Marine, River and Lake Facilities Bylaw 2017.

 

Hearings Panel Comment

The Hearings Panel received a staff presentation on the Proposed Marine, River and Lake Facilities Bylaw 2017 ahead of hearing submitters as noted under Item 8 and refrained from deciding upon its recommendations to Council until its deliberations at Item 9.

 

6.   Staff Report to the Hearings Panel on the Proposed Stock on Roads Bylaw 2017

 

Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Stock on Roads Bylaw 2017.

 

 

 

Hearings Panel Comment

The Hearings Panel received a staff presentation on the Proposed Stock on Roads Bylaw 2017 ahead of hearing submitters as noted under Item 8 and refrained from deciding upon its recommendations to Council until its deliberations at Item 9.

 

8.   Hearing of Submissions

The Hearings Panel received presentations from the following submitters:

On the Proposed Traffic and Parking Bylaw 2017:

·         Orion

·         Victoria Neighbourhood Association

·         Halswell Residents Association

·         Central City Business Group Incorporated

·         Frank Pipe

·         Nigel Jamieson

·         Michael Palmer

·         Westall Trust – James Wilding

·         Gary Thompson

·         Catherine De Croy

 

The meeting adjourned at 10:48am and reconvened at 11:14am.

 

·         Halswell-Hornby-Riccarton Community Board

 

On the Proposed Marine, River and Lake Facilities Bylaw 2017:

·         Akaroa Salmon New Zealand Ltd

 

On the Proposed Stock on Roads Bylaw 2017:

·         Federated Farmers of New Zealand

·         Banks Peninsula Community Board (also on the Proposed Traffic and Parking Bylaw 2017 and the Proposed Marine, River and Lake Facilities Bylaw 2017)

·         Tim Coop

·         Ian (Greg) Murray

·         Ian Richardson

·         Ruth & Mike Williams

 

The meeting adjourned at 1:06pm and reconvened at 2:05pm.

 

The Hearings Panel conferred with staff as to matters it wished to be clarified and to consider coming out of the submissions.

 

The meeting adjourned at 3:06pm to 9am on 19 October 2017 at the Civic Offices at 53 Hereford Street.

 

The meeting reconvened at 9:01am on 19 October 2017 at the Civic Offices.

 

9.   Hearings Panel Consideration and Deliberation

The Hearings Panel considered the submissions received following consultations on the Proposed Amendments to the General Bylaw 2008, the Proposed Traffic and Parking Bylaw 2017, the Proposed Marine, River and Lake Bylaw 2017 and the Proposed Stock on Roads Bylaw 2017. The Hearings Panel further considered the presentations from submitters heard in the course of the hearing of submissions. The Hearings Panel proceeded to deliberate on the proposals consulted on in light of the submissions and presentations received with a view to deciding upon recommendations to Council.

Hearings Panel Recommendations to the Council

 

A.     Regarding the Proposed Amendments to the General Bylaw 2008

 

            Hearings Panel Comment

The proposed amendments to the Christchurch City Council General Bylaw 2008 were included within the form of the amended Christchurch City Council General Bylaw 2008 that was consulted on and incorporated in the consultation booklet attached to the relevant staff report in the meeting agenda, having been referred to a consultation and hearings process by a resolution of the Council on 3 August 2017.

 

The Hearings Panel supported the proposed amendments and did not propose any change to them as they were consulted on.

 

Hearings Panel Recommendations

Committee Resolved BLHP/2017/00020

 

That the Council:

1.              Adopt the amendments to the Christchurch City Council General Bylaw 2008 as set out in the consultation booklet (Attachment A to Item 3 in the agenda).

2.              Determine that the form of the amended Christchurch City Council General Bylaw 2008 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.

3.              Authorise staff to make any typographical changes or to correct minor errors or omissions as the case may be.

4.              Approve the amendments, and changes/corrections under resolution 3, to the bylaw to come into force on 15 December 2017.

5.              Give public notice that the Christchurch City Council General Bylaw 2008 has been amended by the Council, that the amendments come into effect on 15 December 2017, and that copies of the amended Christchurch City Council General Bylaw 2008 may be inspected and obtained at the Council’s offices or on its website, without payment.

Deputy Mayor/Councillor Livingstone                                                                                                                Carried

 

The meeting adjourned at 2:01pm to 10am on 3 November 2017 at the Civic Offices.

 

David Carter, who had wished to be heard on his submission on the Proposed Stock on Roads Bylaw 2017 but was unavailable on 16 and 19 October 2017, presented his views in the adjournment to Councillor Livingstone who relayed them to the other members of the Hearings Panel in the meeting.

 

 

B.      Regarding the Proposed Stock on Roads Bylaw 2017

 

                Hearings Panel Comment

A proposed Christchurch City Council Stock on Roads Bylaw 2017 (to replace the current Christchurch City Council Stock Control Bylaw 2008) was consulted on in the form incorporated in the consultation booklet attached to the relevant staff report in the meeting agenda, having been referred to a consultation and hearings process by a resolution of the Council on 3 August 2017.

 

The Hearings Panel generally supported the form of the proposed Stock on Roads Bylaw 2017 consulted on to replace the current Stock Control Bylaw 2008, but proposed changes to it that are broadly noted below and incorporated in the form of the proposed Stock on Roads Bylaw 2017 attached.

 

The Hearings Panel noted that the Restricted Roads Register referred to within the proposed Stock on Roads Bylaw 2017, a draft of which was attached to the form of the proposed bylaw consulted on, does not formally form part of the proposed bylaw, and so may, if approved by the Council, be subsequently amended by Council resolution without need to undertake the process associated with amending a bylaw.

 

Hearings Panel Recommendations

Committee Resolved BLHP/2017/00021

That the Council:

1.         Adopt the Christchurch City Council Stock on Roads Bylaw 2017 in the form attached (Attachment A).

2.         Note the following changes (incorporated in the attached bylaw) recommended by the Hearings Panel as a result of the consultation and hearings process:

·                Clarify the wording of clause 5(A) relating to resolving Restricted Roads.

·                Limiting clause 5(B) to “in-milk” dairy cows and providing further explanatory material. 

·                In clause 5(B) separating out the reference to the movement of non-standard stock and providing further explanatory material.

·                Clarifying what happens after an application for assessment is made and providing further explanatory material in clause 5(C).

·                Providing that clause 7(1) does not apply to stock movements on Restricted Roads.

·                Standardising references to “stock owner” throughout the bylaw.

·                Making wording improvements to clause 9 (temporary road side fencing) and clause 13 (permissions).

·                Inserting two new standard conditions for moving stock along roads to provide that pilot vehicles are not required on unsealed roads, or for short distances along a road (less than 300 metres) and clarifying signage requirements when pilot vehicles are not required.

·                Removing roads from the Restricted Roads Register as consulted on and making other clarifications to the way in which categories of road are described.

·                Other technical changes and corrections to the text of the bylaw and the explanatory notes as incorporated in the attached bylaw.

3.        Determine that the form of the Christchurch City Council Stock on Roads Bylaw 2017 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.

4.        Approve the Christchurch City Council Stock on Roads Bylaw 2017 coming into force on 1 March 2018.

5.        Approves that staff are otherwise authorised to make any typographical changes or correct minor errors as the case may be before the Christchurch City Council Stock on Roads Bylaw 2017 comes into force.

6.         Resolves under clause 5(A)(2) (to come into force on 1 March 2018) of the Christchurch City Council Stock on Roads Bylaw 2017, the following roads as Restricted Roads (and notes that these are listed in the Restricted Roads Register associated with the Stock on Roads Bylaw 2017):

Category of road: Roads within Christchurch wards

·                All roads in all wards other than roads in Banks Peninsula ward.

Explanatory note: Rather than having a detailed list of Christchurch city roads, all roads in all wards other than roads in Banks Peninsula ward are restricted roads.

Category of road: Roads within built-up areas / towns / settlements

·                Any road within an area that could reasonably be described as being part of a city, town or settlement

Category of road: Designated tourist routes

·                Summit Road, from State Highway 75 to Long Bay Road

·                Long Bay Road, from Summit Road to State Highway 75

Specified roads: Rural roads, or parts of rural roads

·                Bamfords Road

·                Charteris Bay Road

·                Dyers Pass Road, from Sign of the Kiwi to Governors Bay Road

·                Gebbies Pass Road

·                Governors Bay Road

·                Governors Bay-Teddington Road

·                Marine Drive

·                Millers Road

·                Onuku Road

·                Purau Avenue

·                Sumner Road

·                Summit Road, from Gebbies Pass Road to the end of the road at Godley Head

·                Wainui Main Road

7.        Give public notice as soon as practicable that the Christchurch City Council Stock on Roads Bylaw 2017 has been made by the Council, that it comes into effect on 1 March 2018 and that copies of the Christchurch City Council Stock on Roads Bylaw 2017 and the Restricted Roads Register may be inspected and obtained at the Council’s offices or on its website, without payment.

8.         Delegate to the Chief Executive the authority to amend any explanatory notes in the Christchurch City Council Stock on Roads Bylaw 2017 as the case may be, and that this power may be sub-delegated. 

9.         Note that the Council, as the road controlling authority, must send a copy of the Christchurch City Council Stock on Roads Bylaw 2017 to the Minister of Transport, within one week of resolving to adopt it, in accordance with section 22AB(4) of the Land Transport Act 1998.

Councillor Livingstone/Deputy Mayor                                                                                                                Carried

 

C.      Regarding the Proposed Traffic and Parking Bylaw 2017

 

                Hearings Panel Comment

A proposed Christchurch City Council Traffic and Parking Bylaw 2017 (to replace and merge the current Christchurch City Council Traffic and Parking Bylaw 2008 and the current Christchurch City Council Speed Limits Bylaw 2010) was consulted on in the form incorporated in the consultation booklet attached to the relevant staff report in the meeting agenda, having been referred to a special consultative procedure by a resolution of the Council on 3 August 2017.

 

The Hearings Panel generally supported the form of the proposed Traffic and Parking Bylaw 2017 consulted on to replace and merge the current Traffic and Parking Bylaw 2008 and the current Speed Limits Bylaw 2010, but proposed changes to it that are broadly noted below and incorporated in the form of the proposed Traffic and Parking Bylaw 2017 attached.

 

Ahead of consideration of Orion's submission, staff had sought further information from the Council’s Asset Protection Team about any implications under the proposed bylaw for utility providers and clarified that all utility operator activity in legal road is covered by the Utilities Access Act 2010, and the corresponding Code of Practice, including the Council's Corridor Access Request process, and an additional explanatory note to the bylaw was added to clarify this.

 

Hearings Panel Recommendations

Committee Resolved BLHP/2017/00022

That the Council:

1.         Adopt the Christchurch City Council Traffic and Parking Bylaw 2017 in the form attached (Attachment B).

2.         Note the following changes (incorporated in the attached bylaw) recommended by the Hearings Panel as a result of the special consultative procedure:

·                Makes amendments to provide for the new Land Transport Rule: Setting of Speed Limits Rule 2017.

·                Clarifies the position with respect to displaying parking receipts and parking coupons in clause 8.

·                Inserts an explanatory note under clause 12 in relation to the clause dealing with motorhomes, immobilised vehicles and trailers.

·                Amends clause 19 (control of vehicles on roads) to make further clarifications.

·                Expands the explanatory note under clause 22(1) (restricting vehicles on unformed roads) to refer to the Council’s obligation to take into account views and preferences.

·                Inserts a new explanatory note under the heading of part 3 and clause 29 to refer to the Council’s enforcement remedies under legislation when roads are damaged or interfered with.

·                Deletes clause 32 (1)(c) which provided an unworkable defence to the bylaw.

·                Makes amendments to the clause 34 (revocations and savings) to provide for further transitional provisions.

·                Other technical changes and corrections to the text of the bylaw and the explanatory notes as incorporated in the attached bylaw.

3.        Determine that the form of the Christchurch City Council Traffic and Parking Bylaw 2017 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.

4.        Approve the Christchurch City Council Traffic and Parking Bylaw 2017 coming into force on 1 March 2018.

5.        Approves that staff are otherwise authorised to make any typographical changes or correct minor errors as the case may be before the Christchurch City Council Traffic and Parking Bylaw 2017 comes into force.

6.        Give public notice as soon as practicable, that the Christchurch City Council Traffic and Parking Bylaw 2017 has been made by the Council, that it comes into effect on 1 March 2018 and that copies of the Christchurch City Council Traffic and Parking Bylaw 2017 may be inspected and obtained at the Council’s offices or on its website, without payment.

7.         Delegate to the Chief Executive the authority to amend any explanatory notes in the Christchurch City Council Traffic and Parking Bylaw 2017 as the case may be, and that this power may be sub-delegated. 

8.         Note that the Council, as the road controlling authority, must send a copy of the Christchurch City Council Traffic and Parking Bylaw 2017 to the Minister of Transport, within one week of resolving to adopt it, in accordance with section 22AB(4) of the Land Transport Act 1998.

Deputy Mayor/Councillor East                                                                                                                               Carried

Councillor Livingstone requested it be recorded that he voted against providing in the Traffic and Parking Bylaw 2017 that parking on berms where there is a hard kerb is prohibited (refer clause 11 in Attachment B, which retains by majority decision the proposed prohibition consulted on).

 

D.     Regarding the Proposed Marine, River and Lake Facilities Bylaw 2017

 

                Hearings Panel Comment

A proposed Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 (to replace the current Christchurch City Council Marine and River Facilities Bylaw 2008) was consulted on in the form incorporated in the consultation booklet attached to the relevant staff report in the meeting agenda, having been referred to a consultation and hearings process by a resolution of the Council on 1 June 2017.

 

The Hearings Panel generally supported the form of the proposed Marine, River and Lake Facilities Bylaw 2017 consulted on to replace the current Marine and River Facilities Bylaw 2008, but proposed changes to it that are broadly noted below and incorporated in the form of the proposed Marine, River and Lake Facilities Bylaw 2017 attached.

 

Hearings Panel Recommendations

Committee Resolved BLHP/2017/00023

That the Council:

1.         Adopt the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 in the form attached (Attachment C).

2.         Note the following changes (incorporated in the attached bylaw) recommended by the Hearings Panel as the result of the consultation and hearings process:

·                In clause 4(1) amend the definition of “commercial purposes” to refer to “aquaculture” and “vessel” to align with the Maritime Rules Part 91, and make other clarifications.

·                Insert a new Explanatory Note under clause 5(1) referring to permission from the Harbour Master.

·                Amend the Explanatory Note under clause 6(2) to refer to enforcement tools.

·                Insert a new clause 7 requiring written permission for buildings and structures on Council facilities.

·                Amend clause 8(B)(4) to clarify that written permission may be sought from an authorised officer for parking a vehicle in a way that does not comply with the bylaw.

·                Amend clause 11(A)(1) to clarify that written permission may be sought from an authorised officer to leave a vessel etc. in an way that obstructs the reasonable use of a Council facility.

·                Insert a new Explanatory Note under clause 12(1) explaining what will happen to permission holders if the Council closes a facility.

·                Improve the wording of clause 15 (no fishing zones), clause 16 (permissions), and clause 17 (fees).

·                Other technical changes and corrections to the text of the bylaw and explanatory notes as incorporated in the attached bylaw.

3.        Determine that the form of the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.

4.        Approve the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 coming into force on 1 March 2018.

5.        Approves that staff are otherwise authorised to make any typographical changes or correct minor errors as the case may be before the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 comes into force.

6.         Resolves under clause 15(3) (to come into force on 1 March 2018) of the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017, the following permanent no fishing zone (with the following explanatory note):

·                Council river facilities within the central city area, from where the Avon River crosses under Harper Avenue / Bealey Avenue (where they meet Park Terrace), to where the river flows under Fitzgerald Avenue (at Kilmore Street and Avonside Drive).

Explanatory note: No fishing applies to all fish species in the river, including eels. This clause applies only to Council facilities (built structures, such as punting landings and steps), and not to the riverbank in its entirety.

7.        Give public notice as soon as practicable, that the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 has been made by the Council, that it comes into effect on 1 March 2018 and that copies of the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 may be inspected and obtained at the Council’s offices or on its website, without payment.

8.         Delegate to the Chief Executive the authority to amend any explanatory notes in the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017 as the case may be, and that this power may be sub-delegated.

 

Councillor East/Councillor Livingstone                                                                                                                Carried

 

Hearings Panel Decision regarding approving it reports to the Council

Committee Resolved BLHP/2017/00024

 

E.         That the Hearings Panel delegate to the Chair, Deputy Mayor Andrew Turner, the authority to approve the Hearings Panel’s reports to the Council on the outcome of the consultation and hearings process on the proposed amendments to the General Bylaw 2008, the proposed Traffic and Parking Bylaw 2017, the proposed Marine, River and Lake Facilities Bylaw 2017, and the proposed Stock on Roads Bylaw 2017.

Deputy Mayor/Councillor Livingstone                                                                                                                Carried

 

    

Meeting concluded at 10:38am.

 

DEPUTY MAYOR ANDREW TURNER

CHAIRPERSON

 


Attachment AChristchurch City Council Stock on Roads Bylaw 2017

PREAMBLE

This bylaw applies to roads, or parts of roads, under the control of the Council. It does not cover roads such as State Highways, private roads, unformed roads (such as paper roads) and roads that are not maintained by the Council.

The movement of stock along or across rural roads is a necessary part of farming activities. While moving stock along or across roads has not been identified as a significant or frequently occurring traffic safety issue in the district, people moving stock along or across roads are expected to:

     follow best practice;

     take all reasonably practicable steps to keep road users, themselves and any workers, and stock, safe; and

     take due care not to damage the road surface.

Other road users that may come across stock on roads are required to take due care when driving and to drive to the conditions, including anticipating hazards.

New Zealand Transport Agency (NZTA) indicates that, although there are relatively low numbers of accidents involving stock under control on roads generally, the two contributing factors in related road crashes are: insufficient warning distance; and inconsistent forms of warning. (Source: NZTA, ‘Stock under control (crossing and droving)’, April 2015)

This bylaw regulates the movement of stock along or across roads based on risk, and has different requirements for different types of roads and different types of stock. It also sets out, among other things, warning distances and standard forms of warning.

There are cattle stops in some remote locations, where stock are not confined to property by fences and are free to wander on the road. The bylaw makes allowance for these situations by ensuring permanent warning signs are in place to alert road users to the presence of uncontrolled stock, and by not placing any stock control requirements on the owner on roads in these areas. 

Standard conditions for moving stock either along or across roads are outlined in the schedules attached to this bylaw. These standard conditions are based on NZTA’s best practice guidance and are designed to be used for most stock movement situations on most rural roads. The standard conditions apply to moving sheep or non-dairy cattle. 

For dairy cattle and all other types of stock, an assessment needs to be undertaken by Council staff. In-milk dairy cattle present a unique set of issues and risks that need to be managed, and as do stock other than cows or sheep.

An assessment by Council staff also needs to be undertaken for moving stock on restricted roads.  Restricted roads are listed in a register associated with this bylaw, and have higher risks than other roads, such as higher operating speeds or traffic volumes.

An assessment is needed to determine the specific risks and ways of managing risks, with three possible outcomes: (1) the need for a permit, with conditions, or (2) the need for a traffic management plan, or (3) the risk may not be able to be sufficiently mitigated, in which case the stock may need to be moved without impacting on the road (such as transporting the stock in a vehicle).

The bylaw also covers temporary roadside fencing for grazing, or as a temporary stock race to move stock along the road but off the roadway.

There is a greater risk from uncontrolled stock on roads (such as escaped or wandering stock) than from stock that are being driven along or across a road in a controlled way, and this bylaw also seeks to complement the coverage of the Impounding Act 1955 by ensuring stock are adequately fenced.

This bylaw should be read with the relevant road user rules relating to stock on roads.

___

The Christchurch City Council makes this bylaw under sections 145 and 146 of the Local Government Act 2002 and section 22AB of the Land Transport Act 1998. 

___

1.     SHORT TITLE AND COMMENCEMENT

(1)   Attachment AThis bylaw is the Christchurch City Council Stock on Roads Bylaw 2017. This bylaw comes into force on 1 March 2018.

2.     PURPOSE

(1)   The purpose of this bylaw is to regulate the movement of stock on roads in order to protect people, traffic and stock, while safeguarding the condition of the road.

3.     COVERAGE AND EXCLUSIONS

(1)   This bylaw generally applies to all roads where the Council is the Road Controlling Authority.

(2)   This bylaw does not apply to roads where the New Zealand Transport Agency is the Road Controlling Authority, except where the New Zealand Transport Agency (NZTA) has delegated to the Council its functions and powers as a Road Controlling Authority.

(3)   This bylaw does not apply to:

(a)   private roads, unformed roads, or any roads that are not maintained by the Council; or

(b)   stock that is being transported in a vehicle, or that is being ridden or led.

4.     INTERPRETATION

(1)   Explanatory notes are not part of the bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the bylaw.

Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to up updated before the bylaw itself has to be updated.

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

APPROPRIATE TEMPORARY WARNING SIGN

means an orange temporary warning sign with a silhouette of a cow or sheep on it, referred to in the Land Transport Rule: Traffic Control Devices 2004, used to alert road users to the presence of stock on the road.  For vehicle-mounted signs, the sign should be at least 600mm x 600mm.  For a static sign, the sign should be at least 750mm x 750mm.

AUTHORISED OFFICER

means an officer or other person appointed by the Council to perform duties required under this bylaw, including an enforcement officer.

CATTLE STOP

means a metal grid installed across a road, allowing vehicles and pedestrians to pass, but not cattle and other animals.

COUNCIL

means the Christchurch City Council and includes any person authorised by the Council to act on its behalf.

DAYLIGHT HOURS

means any period of time between half an hour after sunrise on any one day and half an hour before sunset on the same day.

FRANGIBLE

means collapsible on impact and resulting in less damage than an unyielding object and generally means able to be broken into fragments.

HIGH-VISIBILITY CLOTHING

means personal protective equipment worn so workers can be easily seen by road users. A common example is a fluorescent orange sleeveless vest with reflective strips in a belt and braces configuration or a cross formation.  High visibility clothing must comply with the joint Australia New Zealand Standard and with the Code of Practice for Temporary Traffic Management (CoPTTM).

NON-STANDARD STOCK

means any stock,

(a) including, but not limited to: alpaca, deer, donkeys, goats, horses, llama and pigs, but

(b) excluding cattle and sheep.

OWNER

includes the manager of the stock (or person otherwise responsible for the stock).

PILOT VEHICLE

means a motor vehicle that leads or follows the movement of stock along a road, with an amber flashing beacon and an appropriate temporary warning sign, and may be a truck, car, utility, quad bike, trike, or motorbike.

RESTRICTED ROAD

means any road or part of a road or category of road that is resolved by the Council under clause 5 of this bylaw, and is listed in the Restricted Roads Register associated with this bylaw.

ROAD

has the meaning given to that term in section 2(1) of the Land Transport Act 1998, and generally includes the carriageway and roadside verges up to private property boundaries.

ROAD CONTROLLING AUTHORITY

has the same meaning as in section 2(1) of the Land Transport Act 1998, and generally means the organisation with control over a road, or a person acting under delegation or authorisation given by the controlling authority.

ROADWAY

has the meaning given to that term in the Land Transport (Road User) Rule 2004 and generally means carriageway, or portion of the road that is used for vehicles, but excludes the grassed roadside verges.

STOCK

means any farmed animal, including, but not limited to cattle, sheep, alpaca, deer, donkeys, goats, horses, llama and pigs.

TRAFFIC MANAGEMENT PLAN

means a document approved by the Council describing the design, implementation, management and removal of temporary traffic management measures (such as signs, flashing beacons and cones) while an activity or event is taking place within the road or adjacent to and affecting the road. This includes plans prepared for one-off events and generic plans to cover activities carried out frequently.

WANDERING

with respect to stock, means any stock that is not under direction or control.

5.     Attachment ARESTRICTED ROADS AND STOCK MOVEMENTS

(A)    RESTRICTED ROADS

(1)   For the movement of any stock along or across a Restricted Road, the stock owner must apply to the Council for an assessment.

Explanatory note: Refer to the Restricted Road Register for the list of restricted roads.  Moving any stock along or across some roads presents higher risks (for example, those with faster operating speeds or higher traffic volumes). For these roads, an assessment is required on a case-by-case basis to ascertain the specific risks and appropriate risk mitigation measures. A permit or traffic management plan will set out the measures required to address specific risks identified by the assessment.

(2)   Attachment AThe Council may resolve any road, section of road, or category of road to be a Restricted Road for the movement of stock.

 Explanatory note: All roads, sections of road, or categories of road resolved under this clause will be listed in a Restricted Roads Register associated with this bylaw. 

(3)   The Council may subsequently amend or revoke any resolution made under subclause (2).. 

(B)   DAIRY CATTLE AND NON-STANDARD STOCK MOVEMENTS

(1)   For the movement of in-milk dairy cattle along or across any road, the stock owner must apply to the Council for an assessment.

Explanatory note: The risks of moving in-milk dairy cattle on roads present additional or different risks to other stock movements. The three main reasons are the tendency for in-milk dairy cows to produce significant manure, frequent or regular road use (eg to and from milking, sometimes twice a day), and the timing of road use / milking tending to be early or late in the day, when visibility can be poorer. Additionally, weather conditions may impact on the road surface. These factors require special consideration on a case-by-case basis to ascertain the risks and appropriate risk mitigation measures.  Any permit relating to the movement of in-milk dairy cattle will also include an agreement about keeping the road clean of faecal matter.

(2)   For the movement of any non-standard stock along or across any road, the stock owner must apply to the Council for an assessment.

Explanatory note: The risks of moving some types of stock along or across any road are higher, or present additional or different risks that need to be managed. This requires special consideration on a case-by-case basis to ascertain the risks and appropriate risk mitigation measures. 

(C)   ASSESSMENTS

(1)   The application for an assessment must set out:

(a)   the sections of road(s) concerned; and

(b)   the likely timing and frequency of the movement(s); and

(c)   the type of livestock, and likely numbers; and

(d)   the ratio of stock to people (or working dogs) controlling the stock; and

(e)   proposed warning methods, such as pilot vehicles, signs, amber flashing beacons or other traffic control devices, and how, when and where they will be deployed or displayed, and removed; and

(f)    other matters the owner or Authorised Officer considers relevant.

Explanatory note: The requirement to undergo an assessment process with the Council aligns with requirements in the Health and Safety at Work Act 2015, which require persons conducting a business or undertaking (PCBUs) to consult with each other to manage risks. Both the Council and farmers are considered PCBUs for stock movements on roads under the Council’s control.

 

A permission may apply to one stock movement or to a series of stock movements.  It may apply for a number of years (for example, where the stock movements are expected to be similar and repeated).  This depends on the situation. The wording of this clause is deliberately flexible to allow for a range of permitting scenarios. Also see clause 12 for permissions.

(2)   After considering an application for an assessment, the Council may decide to :

(a)   Attachment Aauthorise the movement of stock in accordance with:

(i)      a permit; or

(ii)          a permit and an approved Traffic Management Plan; or

(b)   decline the application, in which case alternative means for transporting the stock that does not affect the road must be considered, such as transporting the animals by vehicle.

Explanatory note: See clause 13 for permissions.

(3)   If the Council has considered an assessment and made a decision, the applicant must comply with the decision, and may not undertake the movement of stock unless the conditions in the permit or Traffic Management Plan are complied with.

6.     ALL OTHER STOCK MOVEMENTS – STANDARD CONDITIONS

(1)   This clause applies to the movement of cattle and sheep (but not the movement of in-milk dairy cattle or non-standard stock) along or across any road not listed on the Restricted Roads Register.

(2)   A person moving stock along a road must comply with the conditions set out in Schedule one: Standard Conditions for moving stock along roads.

(3)   A person moving stock across a road must comply with the conditions set out in Schedule two: Standard Conditions for moving stock across roads.

7.     CATTLE STOPS

(1)   A stock owner may move stock along or across an unfenced road or parts of a road where stock are confined by cattle stops without complying with the conditions set out in Schedules one and two.

Explanatory note: Cattle stops are present in remote areas where there are no property boundary fences along the roadside.  Stock have access to roam on the road and are confined only by the cattle stops across the road.  In these situations road users must anticipate the possibility of stock being on the road, whether being driven or not, and the presence or potential for stock to be on or near the road is part of the normal operating condition of these roads.

(2)   Subclause 7(1) does not apply to stock movements on any Restricted Road.

Explanatory note: Although stock are free to wander on Summit Road (as it is unfenced and contains cattle stops), the operation of the road means that any controlled stock movements or droves must be discussed with the Council.  Summit Road has been resolved as a Restricted Road.

(3)   In accordance with section 344 of the Local Government Act 1974, no person may install, maintain or remove cattle stops on a road without the written permission of the Council.

Explanatory note: The process for seeking written permission from the Council is set out in an operational policy (based on section 344 of the Local Government Act 1974).  Cattle stop installation, maintenance or removal may only be undertaken by approved roading contractors and in accordance with specifications agreed by the Council.

8.     Attachment AESCAPED OR WANDERING STOCK

(1)   Every stock owner must take all reasonable steps to prevent the stock from escaping and wandering on any road (except on those parts of a road controlled by cattle stops), including ensuring boundary fences are able to adequately contain the stock.

Explanatory note: Fencing should be kept in good order and should be appropriate for the type of stock it is intended to confine. Enforcement action in response to wandering stock may also be taken under the Impounding Act 1955.

9.     TEMPORARY ROADSIDE FENCING

Explanatory note:  This clause applies whether the fencing is to contain stock that are grazing, or as a form of temporary stock race constructed so that stock can be moved alongside the road, rather than on the roadway.

(1)   No person may erect a temporary fence for roadside grazing or to move stock along a road without permission from the Council.

Explanatory note: Permission from the Council for temporary roadside fencing is to enable the Council to coordinate the roading network.  Activities or events (for example, mowing, spraying, road maintenance, or public events) may impact on the appropriateness or safety of roadside grazing.

(2)   A temporary fence to contain stock on a roadside verge must:

(a)   be appropriate and adequate for the type of stock it is intended to contain;

(b)   have frangible posts;

(c)   display safety reflectors on each post to warn oncoming traffic (if the temporary fence is to be left in place overnight);

(d)   display ‘live wire’ warning signs if it is electrified;

(e)   be at least one and a half (1.5) metres from the carriageway; 

(f)    be at least two (2) metres from any waterway; and

(g)   not remain in place for more than a calendar month, without written permission from an Authorised Officer.

(3)   A temporary fence to contain stock on a roadside verge may only be installed on one side of a road at a time.

(4)   A stock owner must return the stock to a secure paddock area overnight and the stock must not remain in a temporary fencing area on a roadside verge outside of daylight hours. The stock owner must complete the return of the stock to the secure paddock area within daylight hours.

(5)   If the stock owner wishes to graze stock on the roadside verge immediately adjacent to land which is owned or controlled by another person (eg a neighbour), permission must be sought from the other person.

(6)   Where there are any safety or other issues, or complaints about roadside verge grazing or stock movements, the Council may require that the temporary use be suspended and the stock returned to a secure paddock area.

10.  Attachment ACONTAMINATION OF THE ROAD SURFACE OR DAMAGE TO ROADS

(1)   Where contamination (by mud or faeces) is caused by stock, the Council may direct the stock owner to clean the road surface to the Council’s satisfaction, or the Council may clean the road surface and recover the costs from the stock owner.

Explanatory note: Mud or faeces on the road surface can reduce traction and present a hazard to motorists, and motorbike riders in particular.  It can also damage the road surface.

(2)   Where damage to any road is caused by stock, the Council may repair the damage and recover the costs from the owner of the stock.

Explanatory note:  Repairs to the road surface can only be undertaken by approved roading contractors.

11.  EMERGENCY CONDITIONS AND EXTREME WEATHER EVENTS

(1)   Clauses 5 and 6 of this bylaw do not apply in emergency conditions (such as fire) or in extreme weather events (such as snow or flooding), where animals must be moved to ensure their welfare. 

(2)   All reasonable and practicable steps (in the circumstances) must still be taken to warn road users of the presence of stock on the road. 

12.  SAFETY DIRECTIONS

(1)   Any Authorised Officer may give directions to a stock owner, where that stock owner is moving stock along or across any road, if the Authorised Officer believes on reasonable grounds that such directions are desirable in the interests of road safety, or for the convenience or in the interests of other road users.

(2)   Any stock owner who is given directions by an Authorised Officer under this clause must comply with those directions.

13.  PERMISSIONS UNDER THIS BYLAW

Explanatory note: Permissions under this bylaw may relate to assessments (for moving stock on Restricted Roads, or moving non-standard stock on any road), or to roadside grazing. 

(1)   An application for assessment or permission under this bylaw must be in writing, contain all the necessary information, and be submitted in accordance with applicable Council policy.

(2)   An Authorised Officer determining an application for assessment or permission may require the applicant to provide further information (for example a Traffic Management Plan) in order to make an assessment or give permission.

(3)   Any permission under this bylaw may be granted by an Authorised Officer at the Officer’s discretion; and may –

(a)   include conditions; and

(b)    apply for such time period as the Officer considers appropriate; and

(c)   be in electronic form

Attachment AExplanatory note: The Authorised Officer(s) with delegated authority to issue permits is set out in the Council’s Delegations Register, which can be accessed by searching the Council’s website.

(4)   The Council may, in its discretion, at any time, review any permission given under this bylaw.

(5)   Any breach of the conditions of a permission granted under this bylaw:

(a)   may result in the permission being withdrawn (in accordance with the Council’s General Bylaw); and

(b)   is a breach of the bylaw.

(6)   A stock owner must comply with any instruction given by an Authorised Officer irrespective of any permissions under this bylaw.

14.  FEES

(1)   The Council may set application fees for assessments or permissions under this bylaw and any application must be accompanied by the relevant application fee (if any). 

(2)   Any fees will be included in the Council’s Annual Plan or Long Term Plan and will be reviewed each year.

(3)   Failure to pay any applicable fees is a breach of this bylaw.

 


15.   OFFENCE AND PENALTY

(1)   Every person who breaches this bylaw commits an offence and is liable on conviction to a fine not exceeding $20,000, as set out in the Local Government Act 2002, or to the penalties set out in the Land Transport Act 1998, as the case may be.

 


16.  CHRISTCHURCH CITY COUNCIL GENERAL BYLAW

(1)   The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw passed in amendment or substitution are implied into and form part of this bylaw.


 


17.  REVOCATIONS AND SAVINGS

(1)   The Christchurch City Council Stock Control Bylaw 2008 is revoked.

(2)   Any permission, agreement, consent, licence or any other act of authority which originated under the Christchurch City Council Stock Control Bylaw 2008, or which was continued by that bylaw, and which is still in force at the commencement of this bylaw, continues to have full force and effect for the purposes of this bylaw.

(3)   This bylaw is implied into and forms part of any permission, agreement, consent, licence or any other act of authority continued by this clause.

(4)   The revocation of the Christchurch City Council Stock Control Bylaw 2008 does not prevent any legal proceedings, criminal or civil, being taken to enforce that bylaw and such proceedings continue to be dealt with and completed as if that bylaw had not been revoked.

Attachment A___

The initial resolution to make this bylaw was passed by the Christchurch City Council at an ordinary meeting of the Council held on 3 August 2017and was confirmed, following consideration of submissions received during the public consultation process, by a resolution of the Council at a subsequent ordinary meeting of the Council on the [day of month 2017]

___

FURTHER EXPLANATORY NOTES

Horse manure on roads: Under the Road User Rules, horses should be ridden as far left as possible, on the road margin, and cannot be ridden on a footpath, lawn, garden, or other cultivation adjacent to or forming part of a road.   Horse riders should remove horse manure from the roadway when and where it is safe to do so – if the manure presents a road safety or amenity issue.  Any riding school, club or horse-related business should consider any impacts on other local road users and clean up accordingly, when and where it is safe to do so.

Attachment ASCHEDULE ONE: STANDARD CONDITIONS FOR MOVING STOCK ALONG ROADS

NOTE: Standard Conditions do not apply to roads identified on the Restricted Roads Register

(1)   Every person droving stock on any part of a road must wear appropriate high visibility clothing that enables them to be clearly visible to approaching drivers.

(2)   The stock owner must ensure that the stock are under good control and can be directed or stopped, as required.  The ratio of drovers to stock must be sufficient, and may include working dogs.

(3)   No person may place anything on or across the roadway to control stock (such as string, rope, wire, tape or any other obstruction) that could present a traffic safety hazard.

(4)   Every person droving stock along a road must:

(a)   keep the animals moving at a reasonable speed so as to make progress towards the destination; and

(b)   cause the least possible disruption to other road users and take all reasonable steps to make way for or allow vehicles to pass through the stock; and

(c)   take the most practicable route; and

(d)   ensure that any gates to any adjoining properties have been closed before the stock pass; and

(e)   take all reasonable steps to ensure that where no gate or boundary fence exists, stock are kept on the road and off any adjoining property.

(5)   The stock owner must ensure that all reasonable steps are taken to clean the roadway free of faecal matter as soon as practicable, if that faecal matter could cause a road nuisance or a road safety issue.

Explanatory note: Also see clause 10 on contamination of the road surface and damage to roads.

(6)   The time chosen for the movement of stock along any road should, as much as possible:

(a)   avoid any anticipated or likely busy periods for road use; and

(b)   be completed within daylight hours.

(7)   Stock should not be moved along roads in reduced visibility conditions. Where the movement of stock in reduced visibility conditions is unavoidable, additional and reasonable safety precautions should be put in place to manage the increased risks from reduced visibility. 

Explanatory note: Reduced visibility conditions include fog, mist, low cloud, rain, drizzle, during times of sun strike, and in times of low light.  Situations where the movement of stock is unavoidable may include: where the movement of stock is necessary for their welfare, or returning escaped or wandering stock to a secure paddock area (though for small numbers of stock, transportation in a vehicle may be safer).  Also see clause 11 on emergency conditions and extreme weather events. 

(8)   The stock must be led by a pilot vehicle and followed by a pilot vehicle (unless clause 10 or 11 of this Schedule applies).  The pilot vehicles must:

(a)   lead and follow the stock as they move along the road, maintaining a distance that is three times the posted speed limit in metres from the stock; and

(b)   display a flashing amber beacon and an appropriate temporary warning sign; and

(c)   Attachment Abe visible to oncoming traffic (by ensuring pilot vehicles can be seen by oncoming traffic at a distance that is three times the posted speed limit in metres).

Explanatory note: For example, in an open road area, the pilot vehicles should aim to maintain a distance of 3 x 100kph = 300 metres from the moving stock in either direction along the road. In a 70kph area, the pilot vehicles should aim to maintain a distance that is 3 x 70kph = 210 metres in either direction along the road from the moving stock. These distances are based on New Zealand Transport Agency best practice.

 

It should be noted that pilot vehicles are primarily for warning oncoming motorists, not for controlling stock.

(9)   Where an operating speed has been designated for a road (that is different to the posted speed limit), the pilot vehicles may lead and follow (and be visible to oncoming traffic) at a distance that is three times the operating speed from the stock, rather than three times the posted speed limit from the stock.

Explanatory note: Check with the Council to see if an operating speed has been designated for the road in question.  Requests can be made to designate an operating speed.

(10)  Where the distance the stock are being moved along a road is less than 300 metres, the conditions for moving stock across a road apply (see Schedule two).

Explanatory note: Generally this means pilot vehicles are not required, but stationary signs need to be used.

(11) When moving stock along an unsealed road (shingle, gravel or metalled road):

(a)   pilot vehicles are not required (but may be used); and

(b)   appropriate temporary warning signs must be placed at the start and end of the movement, in a position that is clearly visible to approaching drivers, either:

(i)     displayed on a folding stand placed at the side of the road (off the roadway); or

(ii)    mounted on a safely parked vehicle; and

(c)   if the distance is more than three and a half kilometres (3.5km), the supplementary temporary warning sign “NEXT 4 KM” must also be used at the start and end of the movement, displayed in a position that is clearly visible to approaching drivers, and at four kilometre intervals for a longer drove.

Explanatory note: The appropriate temporary warning signs (cattle or sheep silhouette, and ‘next 4 km’ sign) must be positioned together at the start and end of the stock movement, facing the oncoming traffic.  On an unsealed road the operating speed is assumed to be 50kph, which means the signs should be placed 150 metres from the stock movement in either direction. For a long stock movement, it may be helpful to reposition the signs, as needed, or to have additional signs along the route.

(12) It may be appropriate to construct a temporary fence on the roadside verge to move stock along a section of road, rather than moving stock down the roadway.  In this case, clause 9 of the bylaw applies.

(13) Where a drove passes a side road or through an intersection, the person responsible for the drove must ensure that:

(a)   additional appropriate temporary warning signs are used to adequately warn road users of the presence of stock on the road, and are placed on the left-hand sign of the side road in a position clearly visible to oncoming traffic, but off the roadway; or

(b)   Attachment Aa person who is part of the drove and wearing high visibility clothing is visible at the intersection and can communicate the presence of stock on the road to road users.   

(14) Signs or beacons must not be displayed unless a stock movement is imminent, actively occurring, or just completed. 

Explanatory note: Warnings lose their impact when they are displayed when there is no hazard.  Signs and beacons are only to be displayed or used when they need to warn motorists of a hazard. 

 

 

SCHEDULE TWO: STANDARD CONDITIONS FOR MOVING STOCK ACROSS ROADS

NOTE: Standard Conditions do not apply to roads identified on the Restricted Roads Register

(1)   Every person droving stock on any part of a road must wear appropriate high visibility clothing that enables them to be clearly visible to approaching drivers.

(2)   The stock owner must ensure that the stock are under good control and can be directed or stopped, as required.  The ratio of drovers to stock must be sufficient, and may include working dogs.

(3)   No person may place anything on or across the roadway to control stock (such as string, rope, wire, tape or any other obstruction) that could present a traffic safety hazard.

(4)   The stock movement should be undertaken in such a way as to cause the least possible disruption to other road users, and the owner must take all reasonable steps to make way for or allow any vehicles to pass through the stock and proceed along the road.

(5)   The stock owner must ensure that all reasonable steps are taken to clean the roadway free of faecal matter as soon as practicable, if that faecal matter could cause a road nuisance or a road safety issue.

Explanatory note: Also see clause 10 on contamination of the road surface and damage to roads.

(6)   The time chosen for the movement of stock across any road should, as much as possible:

(a)   avoid any anticipated or likely busy periods for road use; and

(b)   be completed within daylight hours.

(7)   Stock should not be moved across roads in reduced visibility conditions. Where the movement of stock in reduced visibility conditions is unavoidable, additional and reasonable safety precautions should be put in place to manage the increased risks from reduced visibility. 

Explanatory note: Reduced visibility conditions include fog, mist, low cloud, rain, drizzle, during times of sun strike, and in times of low light.  Situations where the movement of stock is unavoidable may include: where the movement of stock is necessary for their welfare, or returning escaped or wandering stock to a secure paddock area (though for small numbers of stock, transportation in a vehicle may be safer).  Also see clause 11 on emergency conditions and extreme weather events.

(8)   An appropriate temporary warning sign must be displayed to warn drivers approaching from either direction of the stock movement.

(9)   Warning signs must be positioned so as to be clearly visible to road users approaching the crossing area from either direction, and must be displayed at a distance that is three times the posted speed limit in metres.

Attachment AExplanatory note: For example, in an open road area, the signs should be placed 3 x 100kph = 300 metres from the crossing area in either direction. In a 70kph area, the signs should be placed 3 x 70kph = 210 metres from the crossing area in either direction. These distances are based on New Zealand Transport Agency best practice.

(10) Where an operating speed has been designated for a road (that is different to the posted speed limit), the signs may be placed at a distance that is three times the operating speed from the stock crossing area, rather than three times the posted speed limit from the stock crossing area.

Explanatory note: Check with the Council to see if an operating speed has been designated for the road in question.

(11)  An appropriate temporary warning sign must be:

(a)   displayed on a folding stand placed at the side of the road facing oncoming traffic (off the roadway, but clearly visible to approaching drivers); or

(b)   mounted on a vehicle safely parked in a position that is clearly visible to approaching drivers; or 

(c)   permanently mounted on a white post installed by a roading contractor (with the Council’s permission), which allows a hinged sign to be displayed when the crossing is occurring, and folded away when the crossing is not occurring.

(12) A vehicle-mounted flashing amber beacon may be an additional appropriate warning device.  If using this method, the vehicle should be parked safely in a position that is clearly visible to approaching drivers.

(13) Signs or beacons must not be displayed unless a stock movement is imminent, actively occurring, or just completed. 

Explanatory note: Warnings lose their impact when they are displayed when there is no hazard.  Signs and beacons are only to be displayed or used when they need to warn motorists of a hazard. 


 

CHRISTCHURCH CITY COUNCIL-

Attachment ARESTRICTED ROADS REGISTER (FOR STOCK MOVEMENTS)

 

This register is associated with, but is not part of, the Christchurch City Council Stock on Roads Bylaw 2017.

It lists roads, sections of road, or categories of road that have been resolved by the Christchurch City Council under clause 5(A)(1) of the Stock on Roads Bylaw 2017. 

Restricted Roads are roads that are associated with higher risks for the movement of stock.

 

Introduction

Movement of stock along or across some roads requires special consideration and the management of different risks.  If farmers want to move stock along or across these roads, they need to apply to the Council for an assessment, in accordance with clause 5(C) of the bylaw.

Assessments will be carried out by the Traffic Operations Team, with input from the Christchurch Transport Operations Centre (CTOC). The Council may decide to:

·         authorise the movement of stock in accordance with a permit, or in accordance with a permit and an approved Traffic Management Plan; or

·         decline the application, in which case alternative means for transporting the stock that does not affect the road must be considered, such as transporting the animals by vehicle.

Explanatory note:

Where roads are controlled by more than one authority, e.g. roads that cross district boundaries, discussions will be undertaken with the other responsible council.  Similarly, discussions will be had with NZTA, where necessary, where roads adjoin the state highway network.

Restricted Roads

The following roads, sections of road, or categories of road are Restricted Roads for the movement of stock:

 

Category of road: Roads within Christchurch wards

·         All roads in all wards in the district, other than roads in Banks Peninsula ward.

Explanatory note: Rather than having a detailed list of all roads surrounding Christchurch, all roads in all wards (other than roads in Banks Peninsula ward) have been resolved as Restricted Roads.

Category of road: Roads within built-up areas / towns / settlements

·         Any road within an area that could reasonably be described as being part of a city, town or settlement

 

Category of road: Designated tourist routes

·         Summit Road, from State Highway 75 to Long Bay Road

·         Long Bay Road, from Summit Road to State Highway 75

 

Specified roads: Rural roads, or parts of rural roads


·         Bamfords Road

·         Charteris Bay Road

·         Dyers Pass Road, from Sign of the Kiwi to Governors Bay Road

·         Gebbies Pass Road

·         Governors Bay Road

·         Governors Bay-Teddington Road

·         Marine Drive

·         Millers Road

·         Onuku Road

·         Purau Avenue

·         Sumner Road

·         Summit Road, Gebbies Pass Road to the end of the road at Godley Head

·         Wainui Main Road


Attachment BChristchurch City Council                                       Traffic And Parking Bylaw 2017

This bylaw is made under the Land Transport Act 1998, the Local Government Act 2002, and Part 4 is also made in accordance with the Land Transport Rule: Setting of Speed Limits 2017.

 

1. SHORT TITLE

(1)  This bylaw is the Christchurch City Council Traffic and Parking Bylaw 2017.

 

2. COMMENCEMENT

(1)  This bylaw comes into force on 1 March 2018.

 

3.   APPLICATION

(1)  This bylaw applies generally to all roads under the care, control and management of the Council.

 

4.   PURPOSE

(1)  The purpose of this bylaw is to set out the requirements for parking and control of vehicular or other traffic on any road or area under the care, control or management of the Council.

 

5.   INTERPRETATION

(1)  In this bylaw, unless the context otherwise requires,

ACT

means the Land Transport Act 1998 and the regulations and the rules made under that Act.

AUTHORISED OFFICER

means an officer or other person appointed by the Council to perform duties, or give permissions under this bylaw.

CLASS OF VEHICLE

means groupings of vehicles defined by reference to any common feature and includes -

(a)  vehicles by type, description, weight, size or dimension;

(b)  vehicles carrying specified classes of load by the mass, size or nature of such loads; 

(c)  vehicles carrying no fewer or less than a specified number of occupants;

(d)  vehicles used for specified purposes;

(e)  vehicles driven by specified classes of persons;  

(f)   carpool and shared vehicles; and

(g)  vehicles displaying a permit authorised by the Council.

CARRIAGEWAY

means that part of a road laid out for vehicular traffic as determined by the Council under section 319 of the Local Government Act 1974.

CORRIDOR ACCESS REQUEST (CAR)

means an application to carry out any work or activity that affects the normal operation of the road, footpath and grass berm prior to performing the work or activity.

COUNCIL

means the Christchurch City Council and includes any person authorised by the Council to act on its behalf.

DESIGNATED LOCATION

means, in accordance with section 8.2 of the Speed Limits Rule, any of the following:  a car park, an educational or scientific institution; a commercial or industrial facility; a health facility; a residential facility; marae land; a camping ground; a sports facility or other recreational area; a botanical garden; a cultural reserve; a port or wharf area; an airport; a beach; a cemetery or urupā; a facility operated by the New Zealand Defence Force; a facility operated by the Department of Corrections; any other location approved by the New Zealand Transport Agency by notice in the Gazette.

ENFORCEMENT OFFICER

means -

(a)  any person who has been appointed as an enforcement officer by the Council under the Local Government Act 2002; or

(b)  any person who is an enforcement officer under the Land Transport Act 1998.

GRASS BERM

is the area behind a kerb which is laid out in grass.

IMMOBILISED VEHICLE

means any vehicle that cannot be moved on its own because it is mechanically not able to be moved or has a wheel or wheels missing from the vehicle.

MOTORHOME

means any vehicle designed or converted to be used for human habitation, whether self contained or not, and includes a caravan, campervan, or house truck.

PARKING COUPON or COUPON

means a coupon issued by or on behalf of the Council to any person for the purpose of parking a vehicle in accordance with the provisions of this bylaw.

PARKING MACHINE

means a parking meter or other device that is used to collect payment in exchange for parking a vehicle in a particular place for a limited time.

PARKING PLACE

means a place (including a building or a road) where vehicles, or any class of vehicles, may stop, stand, or park.

PARKING RECEIPT

means a receipt produced by a parking machine to indicate the payment of a parking fee for parking and the end of the period allowed.

SHARED PATH

means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all or of the following persons at the same time - 

(a)  cyclists;

(b)  pedestrians;

(c)  riders of mobility devices;

(d)  riders of wheeled recreational devices.

SHARED ZONE

means a length of roadway intended to be used by pedestrians and vehicles (including cyclists).

SPEED LIMIT

 (a)       means in accordance with Part 2(1) of the Speed Limits Rule –

(i)         an urban, rural, permanent, holiday, temporary, emergency, or variable speed limit; and

(ii)         the maximum speed at which a vehicle may legally be operated on a particular road; but

(b)        does not mean the maximum permitted operating speed for classes or types of vehicle specified in any Act, regulation, or rule.

SPEED LIMITS RULE

means the Land Transport Rule: Setting of Speed Limits Rule 2017.

TRAFFIC MANAGEMENT PLAN

means a document describing the design, implementation, management, and removal of temporary traffic management measures (such as signs and road cones) while an activity or event is taking place within the road or adjacent to and affecting the road. This includes plans prepared for one-off events and generic plans to cover activities carried out frequently.

TRANSPORT STATION

has the same meaning as in section 591(6) of the Local Government Act 1974 and generally means a place where transport-service vehicles may wait between trips, and all buildings and facilities associated with the use of that place.

URBAN TRAFFIC AREA

means an area designated pursuant to the Speed Limits Rule that consists of one or more specified roads or a specified geographical area, to which the urban speed limit generally applies.

ZONE PARKING

has the same meaning as in Part 2 of the Land Transport Rule: Traffic Control Devices 2004.

ZONE PARKING AREA

means an area where zone parking applies.

Attachment B

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

(a)  motor vehicle, owner, parking, road, and vehicle have the same meanings as in section 2(1) of the Land Transport Act 1998; and

(b)  bus lane, cycle, cycle lane, cycle path, driver, emergency vehicle, footpath, mobility  device, power assisted cycle, roadway, and special vehicle lane have the same meanings as in clause 1.6 of the Land Transport (Road User) Rule 2004. 

(3)  Any undefined words, phrases or expressions used in this bylaw have the same meaning as in the Act unless the context plainly requires a different meaning.

(4)  The Interpretation Act 1999 applies to the interpretation of this bylaw.

(5)  Explanatory notes are not part of the bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the bylaw.

Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to up updated before the bylaw itself has to be updated.

 

6.   Resolutions made under this Bylaw

(1)  A resolution may be made under this bylaw - 

(a)   to regulate, control or prohibit any matter or thing generally, or for any specific classes of case, or in a particular case; or 

(b)   that applies to all vehicles or traffic or to any specified class of vehicles or traffic using a road; or

(c)   that applies to any road or part of a road, greenspace adjoining the road, building, or transport station under the care, control, or management of the Council; or

(d)   that applies at any specified time or period of time.

(2)  The Council may subsequently amend or revoke any resolution made under this bylaw at any time. 

 

 

 

 

PART 1

Attachment B

PARKING

7.   Stopping, standing and parking

(1)  The Council may by resolution -

(a)  prohibit or restrict the stopping, standing or parking of vehicles, or any class of vehicles, on any road; or

(b)  limit the stopping, standing or parking of vehicles on any road to any class of vehicles.

(2)  Any prohibition, restriction or limitation may be subject to such conditions as the Council thinks fit. 

(3)  A person must not stop, stand or park a vehicle on any road in contravention of a prohibition, restriction or limitation made by the Council.

Explanatory note: Examples of restrictions include:

·         prohibiting parking on any roads (“No Stopping”);

·         prohibiting heavy motor vehicles from parking on roads in residential areas;

·         prohibiting trailers and motorhomes from parking in certain locations (e.g. next to slipway entrances); and

·         providing for bus stops, taxi stands and loading zones.

 

8.   Parking places, parking buildings, transport stations and zone parking Areas

(1)  The Council may by resolution -

(a)  designate an area to be a zone parking area and the restrictions that apply in that zone parking area (“zone parking controls”); and

(b)  reserve any area of land or any road or any part of a road or any building or any part of a building owned or under the care, management or control of the Council to be a parking place or a transport station, subject to restrictions; and

(c)  specify the vehicles or classes of vehicle that can use or must not use a parking place or transport station or zone parking area; and

(d)  prescribe the restrictions that apply including (without limitation) the times, manner and other conditions for the parking of vehicles or classes of vehicles in a parking place or transport station or zone parking area; and

(e)  prescribe:

(i)   any charges to be paid for the use of a parking place or transport station or in a zone parking area; and

(ii)   the manner by which parking charges may be paid by the use of parking machines or in any other specified manner; and

(f)   make provision for the efficient management and control of a parking place or transport station  or zone parking area.

(2)  Any restrictions that apply to a zone parking area, do not apply in locations within that zone parking area where other specific stopping, standing or parking restrictions apply.

(3)  Where the Council has prescribed a fee for parking in a parking place or transport station or zone parking area, any person parking there must -

(a)  pay the fee without delay and in the manner so prescribed; and

Attachment B(b)  if a parking receipt or parking coupon, in paper form, states that it must be displayed in or on the vehicle, display the parking receipt or parking coupon in accordance with the instructions printed on it.

(4)  A person must not park a vehicle in a parking place or transport station or zone parking area in contravention of any prohibition or restriction made by the Council.

Explanatory note: This clause provides for both on-street and off-street parking that is subject to restrictions.  Examples of restrictions include prescribing:

·         the number and location of parking spaces;

·         when restrictions apply and the length of those restrictions; and

·         parking charges and the method of payment for those charges.

 

If the Council designates an area as a zone parking area, the parking restrictions in that zone may apply to a number of roads.  Parking zones can apply in areas where people using vehicles within the area can reasonably be expected to be aware of the application of the parking restriction to the area, without the need for signs at each intersection within the area.

 

9. TEMPORARY DISCONTINUANCE OF A PARKING place

(1)  If an authorised officer is of the opinion that any parking place should be temporarily discontinued as a parking place, the authorised officer may authorise the placement of a sign or other controls that sufficiently indicates "No Stopping" at such parking place.

(2)  If an authorised officer is of the opinion that any parking place should be temporarily discontinued as a parking place, except for the use by specified vehicles or classes of vehicle, the authorised officer may authorise the placement of a sign or other controls that sufficiently reserves parking, stopping or standing provisions for specified vehicles or classes of vehicles at such parking place.

Explanatory Note: From time to time, the Council may need to temporarily discontinue parking places and use those places for other temporary activities.  For example, temporary bus stops, temporary bus lanes, and construction activity spaces.

(3)  No person may -

(a)  stop or park a vehicle at:

(i)   a parking place affected by a sign or other traffic controls under subclause (1); or

(ii)   a parking place affected by a sign or traffic control under subclause (2) unless that person is specifically authorised by the authorised officer or complies with any specified condition by the sign or traffic control.

(b)  remove any signs or traffic controls authorised under subclauses (1) or (2). 

(4)  Any sign or traffic control installed under this clause must be removed after a period of three months from installation unless the Council, by resolution, has approved its continued use. 

 

10.  Residents’ parking

(1)  The Council may by resolution reserve any specified parking place or places as -

(a)  a residents’ only parking area for the exclusive use of persons who reside in the vicinity; or

(b)  a residents’ exemption parking area for the use of persons who reside in the vicinity.

Explanatory note: residents with a residents’ parking permit are exempt from general parking, stopping and standing restrictions in the exemption area, for example a parking place with time restrictions. 

(2)  The Council may by resolution prescribe -

(a)  any fees to be paid annually or in any other specified manner, for the use of a residents’ parking area or a residents’ exemption parking area; and

(b)  the manner by which any such fees may be paid for the use of a residents’ parking area or a residents’ exemption area; and

Attachment B(c)  which parking, stopping and standing restrictions permit holders are exempt from within a residents’ exemption parking area.

(3)  Any person who parks a vehicle in a residents’ only parking area must pay the prescribed residents’ parking permit fee and display a current approved residents’ parking permit so that it is clearly visible.

(4)  To be exempt from parking restrictions, including parking charges, any person who parks a vehicle in a residents’ exemption parking area must pay the prescribed residents’ parking permit fee and display a current approved residents’ parking permit so that it is clearly visible. 

(5)  A person must not park a vehicle in a residents’ parking area in contravention of a prohibition or restriction made by the Council under this clause.

 

11.  No parking on certain parts of THE road

(1)  A person must not stop, stand or park a motor vehicle, wholly or partially, on that part of any road which is laid out as a cultivated area, being a garden or grass berm. 

(2)  A person must not stop, stand or park, wholly or partially, a motor vehicle on that part of any road which has been separated from the roadway by a kerb that is a paved or other surfaced landscaped area, with or without a planted area, and whether or not it is designed for use by pedestrians.

(3)  A person may stop, stand or park a motor vehicle in contravention of sub-clauses (1) and (2) if-

(a)  that part of the road is designed and constructed to accommodate a parked vehicle; or

(b)  an authorised officer has given written permission to stop, stand or park a vehicle in that part of the road; or

(c)  the Council, by resolution, has allowed motor vehicles to stop, stand, or park in that part of the road.

(4)  Clause 6.2(2) of the Land Transport (Road User) Rule 2004 applies to this clause, and clause 6.2(1) of that Rule does not apply.

Explanatory Note: This clause still allows a person to stop, stand or park a motor vehicle off the roadway where there is no kerb unless otherwise restricted by signs and/or markings.  For example, a person may park a motor vehicle off the roadway on a rural road on the grass verge or on a beachfront area.

 

All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

12.  Motorhomes, immobilised vehicles and trailers

(1)  No person may park a motorhome, immobilised vehicle or trailer, whether or not the trailer is attached to another vehicle, on any road for a continuous period exceeding seven days without the prior written permission of an authorised officer.

(2)  Parking on any road for a continuous period exceeding seven days in sub-clause (1) includes parking on any road within 500 metres of the original parking place, at any time during the seven days.

Explanatory Note: The restriction on the parking of trailers to a maximum of seven days continuous period is consistent with Rule 6.19 of the Land Transport (Road User) Rule 2004.

 

 

Attachment B13.  Storage of vehicles on road

(1)  No person (Person A) may place or park, or allow another person to place or park (Person B) a vehicle on any road for storage in connection with Person A’s trade or business, whether or not the vehicle is owned by Person A.

(2)  Sub-clause (1) does not apply if Person A has the prior written permission of an authorised officer.

Explanatory Note:  In order to constitute storage in connection with a person’s trade or business, there will need to be the notion of “commercial advantage” of some kind.  For example if a panel-beater or a mechanic is in the practice of parking their customers’ vehicles in the street adjacent to their premises or a car dealer who parks vehicles for sale on the street.  This clause is not intended to apply to customers parking on the street while undertaking a transaction at a premises.

 

14. PARKING FOR DISPLAY OR SALE

(1)  A person must not stop, stand or park a vehicle on any road or parking place -

(a)  for the purpose of advertising a good or service to be provided elsewhere; or

(b)  for the purpose of offering the vehicle for sale –

unless the vehicle is being used for day to day travel.

15.  WORKING ON VEHICLES

(1)  No person may stop, stand or park any vehicle on any road to carry out repairs unless those repairs are of a minor but urgent nature.

 

 

PART 2

 

TRAFFIC MOVEMENT RESTRICTIONS

 

16.  ONE WAY STREETS/roads

(1)  The Council may by resolution specify any road or part of a road where vehicles must travel in one specified direction only.

(2)  No person may drive a vehicle in a manner that contravenes a restriction made under this clause.

Explanatory note: All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

17.  LEFT OR RIGHT TURNS AND U-TURNS

(1)  The Council may by resolution prohibit or restrict turning movements, including - 

(a)  vehicles or classes of vehicles on any road from turning to the right, or to the left, or from proceeding in any other direction; and

(b)  vehicles turning from facing or travelling in one direction to facing or travelling in the opposite direction (performing a U-turn) on specified roads. 

Attachment B(2)  Any resolution made under this clause may specify the hours or days of the week that a restricted turning movement may be made (if any).

(3)  A person must not turn a vehicle to the left, or to the right, or perform a U-turn, or proceed in any other direction on any road where the Council has prohibited or restricted such movements. 

 

18.  Special vehicle lanes

(1)  The Council may by resolution prescribe a road, or a part of a road, as a special vehicle lane.

(2)  Any resolution made under this clause must specify, as the case may be -

(a)  the type of special vehicle lane; and

(b)  the hours of operation of the special vehicle lane (if any) when it is restricted to specific classes of vehicles.

(3)  A person must not use a special vehicle lane contrary to any restriction made by the Council under this clause. 

Explanatory note: A special vehicle lane includes a bus, taxi or cycle lane. All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

19.  control of vehicles on roads

(1)    The Council may by resolution prohibit or restrict, subject to such conditions as the Council thinks fit,  any specified class of traffic or any specified motor vehicles or class of vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads. 

(2)    A person must not use a vehicle on a road, or any part of a road, contrary to a prohibition or restriction made by the Council under this clause. 

Explanatory note: Under this clause, the Council could, for example, prohibit:

·         heavy motor vehicles from using certain roads in the City, or

·         cycles from using busy roads in the City.

All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

20.  SHARED ZONES

(1)  The Council may by resolution specify any road or part of a road to be a shared zone.

(2)  Any resolution made under this clause may specify -

(a)  whether the shared zone may be used by specified classes of vehicles;

(b)  the days and hours of operation of the shared zone (if they differ from 24 hours per day, 7 days per week); and

(c)  any other restrictions on how the shared zone is to be used by the public, including how traffic and pedestrians will interact.

 (3) Except where the Council has by resolution specified otherwise, no person may stand or park a vehicle in a road or part of a road specified as a shared zone.

(4)  No person may use a shared zone in a manner that contravenes a restriction made by the Council under this clause.

Explanatory note: All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

Attachment B21.  SHARED PATHS

(1)  The Council may by resolution —

(a)  determine the length, route and/or location of a shared path; and

(b)  determine priority for users on a shared path.

(2)  No person may use a shared path in a manner that contravenes a restriction made by the Council under this clause.

Explanatory note: All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

22.  Restricting vehicles on unformed roads

(1)  The Council may by resolution restrict the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, or the road and adjoining land, or the safety of road users.

(2)  A person must not use a motor vehicle on an unformed legal road contrary to a restriction made by the Council under this clause.

Explanatory note: Before making a resolution to restrict access to a road, the Council must give consideration to the views and preferences of persons likely to be affected by, or to have an interest in, the matter – this includes the views of recreational users of the unformed roads. All resolutions made under this clause by the Council will be recorded in a register which is accessible on the Council’s website or available from the Council’s Service Centres.

 

 

PART 3

 

INTERFERENCE WITH THE ROAD, TRAFFIC, OR PEDESTRIANS

Explanatory Note: Section 357 of the Local Government Act 1974 provides for a number of offences where a person encroaches on a road or damages a road without permission.  For example, a person commits an offence where he or she, without permission, "encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon".  It is open to the Council to bring enforcement action under this section or use the Council's other enforcement remedies under the Local Government Act 2002.  

 

23.  EVENTS ON OR AFFECTING THE ROAD

(1)  No person may hold an event that affects the normal operating conditions of a road, unless the person has prior written permission of an authorised officer.

Explanatory note: An event includes major public events (such as the Christchurch Marathon and the Santa Parade), as well as community events (including street parties). Organisers of all events held on or affecting public road need to apply to Council for an Events Permit and supply all necessary information to support an event permit application: https://ccc.govt.nz/culture-and-community/events-and-festivals/running-an-event/event-permits

 

24. OTHER TEMPORARY USE OF LEGAL ROAD

(1)  No person may carry out a temporary act that affects the normal operating conditions of a road, unless the person has the prior written permission of an authorised officer.

Attachment BExplanatory Note: Examples of temporary acts include operating construction equipment or machinery from the road, placing a shipping container/skip on the road; erecting temporary fencing or scaffolding on the road; and temporary art installations. Road within this context includes the footpath, berm, verge, carriageway, etc.

 

In certain cases, a Corridor Access Request (CAR) is required. For example, a CAR is required for digging, drilling, resurfacing, or doing any other activity that will alter, or cause to be altered, the surface of the road corridor. If there is any doubt, submit a CAR prior to carrying out any works or other activity.

(2)  If any object is placed on the road without permission under this clause or does not comply with the conditions of the permission, the Council may -

(a)  request the owner to remove the object or repair the damage to the Council’s satisfaction within 24 hours or a timeframe set by an authorised officer, or charge the owner for this work; and

(b)  place adjacent to, or affix to, the object any safety or warning devices, and the costs of the safety or warning device will be charged to the owner of the object.

(3)  This clause does not apply to any object that may be placed on the road which has been authorised by the Council (for example, wheelie bins that are specifically for the purpose of Council rubbish collection).

(4) This clause does not apply to stock droving or roadside grazing. The Christchurch City Council Stock on Roads Bylaw 2017, or any bylaw passed to replace it, covers stock on roads.

 

Explanatory note: All utility operators in legal road are generally covered under the CAR process, including those works done during emergency situations. The CAR process reflects requirements in the Utilities Access  Act 2010 and the National Code of Practice for Utility Operators' Access to Transport (Code).  Where the utility operators occupy the legal road corridor to do their works, it is considered a worksite and an approved Traffic Management Plan is required. 

 

25.  VEHICLE CROSSINGS

(1)  No person may construct or alter any vehicle crossing across a footpath or a road unless the person has the prior written permission of an authorised officer.

(2)  Where the vehicle crossing will be a new crossing and there is a difference in level between the edge of the kerb or road seal on a formed road and the property boundary, then the standard of any works carried out on the road must be the standard that would be appropriate for a right-of-way to a new subdivision.

(3)  Where the vehicle crossing requires a structure on the road (for example a retaining wall, ramp or bridge), the applicant must also comply with the Christchurch City Council Public Places Bylaw 2008, or any bylaw passed to replace it, and any policies made under that bylaw. 

Explanatory Note:  By way of example, the Council’s Structures on Roads Policy 2010 will be applicable here.

(4)  The applicant is responsible for all costs associated with the vehicle crossing construction and/or alteration and any other related structures.

 

26.  TEMPORARY ACCESS WAYS

(1)  No person may construct or use a temporary access way across a footpath or a road unless the person has the prior written permission of an authorised officer.

(2)  Where a person is authorised to construct or use a temporary access way, the person must protect the footpath or road to ensure no damage occurs. This protection may be wooden planks 20mm thick plywood with minimum dimensions 1200mm by 2400mm, held and laid close together, steel plates, a combination of wooden and steel materials, or some other approved Attachment Bmaterial.

(3)  Where damage occurs to a footpath or road as a result of a vehicle crossing it on an unprotected or inadequately protected point, the cost of repairing the road, including the footpath, is recoverable from the owner of the property, contractor undertaking the works, or person in charge of the vehicle.

Explanatory Note: the owner of the property, contractor undertaking the works, or person in charge of the vehicle must notify Council if damage is caused to the footpath. Damage to the road must be repaired to the Council’s Construction Standard Specification (Part 6).

 

 

PART 4

 

SPEED LIMITS

 

27.  SPEED LIMITS

(1)  For any roads under the Council’s jurisdiction in accordance with Section 2.7 of the Speed Limits Rule, or any Rule passed to replace the Speed Limits Rule, the Council may, by resolution - 

(a)  set speed limits; 

(b)  designate urban traffic areas.

(2)  The Council may, by resolution, set speed limits for roads in any designated location under the Council’s jurisdiction in accordance with Section 8.1 of the Speed Limits Rule, or any Rule passed to replace the Speed Limits Rule. 

Explanatory Note: Section 2.8 of the Rule requires the Council to maintain a register of speed limits that records all speed limits, except temporary speed limits, and records all designated urban traffic areas for the roads under its jurisdiction.  The register of speed limits must be available for inspection by members of the public.  The Council’s speed limits register including maps showing the designated urban traffic areas can be found on the Council website:  [insert updated Council website]

 

In accordance with Section 2.2 of the Rule the Council may set speed limits of 10, 20, 30, 40, 50, 60, 70, 80, 90, 100 or 110 km/h. 

 

 

Part 5

 

MISCELLANEOUS

 

28.  PERMISSIONS UNDER THIS BYLAW

(1)  The Council may set application fees for permissions under this bylaw and any application for a permission must be accompanied by the relevant application fee (if any). 

(2)  An application for permission must be in writing, contain all information necessary for the authorised officer to consider issuing a permit, and be submitted in accordance with applicable Council policy.

(3)  Any permission under this bylaw may –

(a)  include conditions (including the payment of ongoing fees and charges); and

(b)  be granted by an authorised officer at the officer’s discretion.

(4)  An authorised officer determining an application for permission may require the applicant to provide further information, such as (without limitation) a Traffic Management Plan, site location plan, and a Corridor Access Request.

(5) The Council may, in its discretion, at any time, review any permission given under this bylaw.

Attachment B(6)  Any breach of the conditions of a permission granted under this bylaw -

(a)  may result in the permission being withdrawn (in accordance with the Council’s General Bylaw 2008); and

(b)  is a breach of this bylaw.

 

29.  MATERIAL/DEBRIS ON ROADS AND DAMAGE TO ROADS

(1)  No person may cause damage to the road or to any associated signage.

(2)  Any material or debris deposited on the road must be removed as soon as practicable.

(3)  The Council may give any person who has damaged, or deposited material or debris on a road notice:

(a)  to remove that material or debris from the road or to repair the damage caused to the road to Council’s satisfaction, within 24 hours; and

(b)  that if the person does not comply, that person commits a further breach of this bylaw and the Council may undertake the work and recover all costs from that person.

(4) Subclauses (2) and (3) do not apply to faecal matter deposited on the road by stock. The Christchurch City Council Stock on Roads Bylaw 2017, or any bylaw passed to replace it, applies to faecal matter deposited on the road from stock.

Explanatory Note: Section 357 of the Local Government Act 1974 provides for a number of offences where a person encroaches on a road or damages a road without permission.  It is open to the Council to bring enforcement action under this section or use the Council's other enforcement remedies under the Local Government Act 2002. 

30.  VEHICLE AND OBJECT REMOVAL

(1)  An enforcement officer may remove or cause to be removed any vehicle or other thing from any road, or other area controlled by the Council, which contravenes this bylaw, or any resolution made under this bylaw, and the Council may recover from the person committing the breach of this bylaw all expenses incurred in connection with the removal of the offending vehicle or thing.

(2)  The powers that may be exercised under this clause are in addition to those provided by any other enactment.

 

31.  EXEMPTED VEHICLES

(1)  This bylaw does not apply to any of the following vehicles being used in the execution of duty:

(a)  an emergency vehicle; or

(b)  a vehicle that is used by a Parking Warden/Officer; or

(c)  a vehicle that is used by an enforcement officer.

 

32.  DEFENCES

(1)  A person is not in breach of this bylaw if that person proves:

(a)  that the act complained of was done in an emergency on the road or immediately adjoining the road; or

(b)  that the act complained of was done in compliance with the directions of a Police Officer, Parking Warden/Officer, authorised officer, traffic control signal or traffic sign.

 

33. PENALTIES

(1)  Every person who breaches this bylaw (including any control, restriction, limitation or prohibition made under this bylaw) commits an offence under the Act, or the Local Government Act 2002 and is liable to the penalties set out in the relevant Act. 

 

Attachment B34.  REVOCATIONS AND SAVINGS

(1)  The following bylaws are revoked:

(a)  Christchurch City Council Traffic and Parking Bylaw 2008:

(b)  Christchurch City Council Speed Limits Bylaw 2010.

(2)  Any approval, permit or other act of authority which originated under or was continued by either of the bylaws revoked in subclause (1) that is continuing at the commencement of this bylaw, continues to have full force and effect for the purposes of this bylaw, but is subject to the application of any relevant clauses in this bylaw.

(3)  The resolutions of the Council made or continued under the bylaws revoked under subclause (1) continue to have full force and effect for the purposes of this bylaw as if they were resolutions made under this bylaw.

(4)  The contents of the First, Second, Third, and Fourth Schedules of the Christchurch City Council Traffic and Parking Bylaw 2008 continue for the purposes of this bylaw to have full force and effect as if the content of those schedules were made by resolution of the Council under this bylaw, and any notices given by the Council under clause 12(8) of the Christchurch City Council Traffic and Parking Bylaw 2008 continue for the purposes of this bylaw to have full force and effect until the Council resolves otherwise under this bylaw.

(5)  The revocation of the bylaws under subclause (1) do not prevent any legal proceedings, criminal or civil, being taken to enforce those bylaws or any speed limit set under the Speed Limits Bylaw and such proceedings continue to be dealt with and completed as if the bylaws had not been revoked.

35.  CHRISTCHURCH CITY COUNCIL GENERAL BYLAW

(1)  The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw passed in amendment or substitution are implied into and form part of this bylaw.

36.  CONSEQUENTIAL AMENDMENT TO CHRISTCHURCH CITY COUNCIL PARKS AND RESERVES BYLAW

(1)  The Christchurch City Council Parks and Reserves Bylaw 2016 is amended by replacing clause 9.3 with the following clause:

 

9.3        Any place in a reserve that has been set aside for the parking of vehicles may be subject to parking restrictions under the Christchurch City Council Traffic and Parking Bylaw 2017.

 

 

 

The initial resolution to make this bylaw was passed by the Christchurch City Council at a

Meeting of the Council held on 3 August 2017 and was confirmed following consideration of submissions received during the special consultative procedure, by a resolution of the Council at a subsequent Meeting of the Council held on [insert date].


Attachment CChristchurch City Council
Marine, River and Lake Facilities Bylaw 2017

The Christchurch City Council makes this bylaw under sections 145 and 146 of the Local Government Act 2002.

1.      SHORT TITLE AND COMMENCEMENT

(1)   This bylaw is the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017. This bylaw comes into force on 1 March 2018.

2.     PURPOSE

(1)   The purpose of this bylaw is to facilitate the fair and safe use of, and access to, Council marine, river and lake facilities (including those around the estuary), and to protect them from damage.

3.     COVERAGE AND EXCLUSIONS

(1)   This bylaw applies to Council structures or facilities that provide access to the water (such as wharves, jetties, boat ramps and slipways), and associated access points (such as ramps, steps, ladders and pontoons).  It also applies to related structures or facilities (including storage areas, buildings, refuelling facilities, and associated car-parking or manoeuvring areas).

(2)   This bylaw does not cover:

(a)   privately owned facilities;

(b)   maintenance or repair of the facilities;

(c)   Council sea walls;

(d)   Council boardwalks and viewing platforms, unless they are alongside or partially in a river or lake;

(e)   activities on the water, such as boat safety or speed limits (these are covered by the Canterbury Regional Council Navigation Safety Bylaw 2016);

(f)    anything relating to water quality or pollution; or

(g)   any facilities, structures, or land, owned or operated by Lyttelton Port of Christchurch (whether open to the public or not).

4.     INTERPRETATION

(1)   Explanatory notes are not part of the bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the bylaw.

Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to be updated before the bylaw itself has to be updated.

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

ACCESS POINTS

are those parts of the facility that have been designed to allow access from the wharf or jetty to vessels on the water, and vice versa, and include steps, ladders, ramps and pontoons

AUTHORISED OFFICER

means an officer or other person appointed by the Council to perform duties or give permissions under this bylaw, including an enforcement officer

AUTHORISED VEHICLE

means a vehicle:

(a)   associated with a commercial activity that has permission from the Council to operate in relation to  a wharf; or

(b)   associated with the servicing of a wharf or any associated structure, equipment or machinery; or

(c)   any other vehicle that has written permission for wharf access.

COMMERCIAL PURPOSES

means:

(a)   any charter operation involving carrying fare-paying passengers for profit or reward (including for transport, tourism, recreation or fishing purposes); or

(b)   any commercial fishing or aquaculture operation; or

(c)   sale or advertising of goods, services or events; or

(d)   hire or rental of equipment that utilises Council facilities, such as for launching or landing.

COUNCIL

means the Christchurch City Council, and includes any person authorised by the Council to act on its behalf

FACILITY

means any marine, river, lake, estuary-based Council owned or controlled structure or facility that:

(a)   provides access to the water, including, but not limited to: wharves, jetties and pontoons; slipways and boat ramps; steps and ladders; or

(b)   is associated with providing access to the water, including, but not limited to: car parking or manoeuvring areas; shelter or storage buildings or areas; and refuelling facilities.

JETTY

means a structure similar to, but smaller than, a wharf. This will usually be a platform built on piles in a river or lake, or in the sea, that provides access to the water. 

Explanatory note: Whether currently accessible or not, jetties in the district include: Akaroa Recreation Ground Jetty West, Akaroa Recreation Ground Jetty East, Charteris Bay Jetty, Church Bay Jetty, Corsair Bay Jetty, Drummonds Jetty, Duvauchelle Jetty, French Farm Boating Club Jetty, Little Akaloa Jetty, Lyttelton Public Ramp Jetty, Purau Jetty, Redcliffs Jetty, South New Brighton Park Jetty, Takamatua Jetty, Tikao Bay Jetty, and Wainui Finger Jetty, as well as river and lake jetties.

SERVICING

generally means the loading and unloading of goods or equipment, or the maintenance of structures, machinery or equipment

VESSEL

has the same meaning as “vessel” in Maritime Rules Part 91 – Navigation Safety Rules, and for the sake of clarity, includes a sledge, surfboard, sailboard or any other object intended or used to carry or support a person in or on the water.

 

WHARF

means a structure similar to, but generally larger, stronger and higher than, a jetty. 

Explanatory note: Whether currently accessible or not, wharves in the district include: Akaroa Wharf, Daly’s Wharf, Diamond Harbour Wharf, Old Duvauchelle Wharf, Governor’s Bay Wharf, Little Akaloa Wharf, Pigeon Bay Wharf, Port Levy Wharf, Gallipoli Wharf (Rapaki), Robinson’s Bay Wharf, and Wainui Wharf.

Attachment C


5.     USE OF FACILITIES FOR COMMERCIAL PURPOSES OR ORGANISED EVENTS

(1)   No person may use a facility for commercial purposes without the prior written permission of an Authorised Officer. 

(2)   No person may use a facility for an organised competition, lesson, club or training event without the prior written permission of an Authorised Officer, if that use may be reasonably likely to:

(a)   result in the exclusive use of a facility and prevent or reduce access for the general public; or

(b)   Attachment Cgive rise to any health and safety issues resulting from anticipated participant or supporter numbers.

Explanatory note: As well as seeking approval to use facilities from the Council, approval may also be needed from the Harbour Master at Environment Canterbury for organised events that occur on the water.

(3)   A permission given under clause 5(1) or 5(1) of this Bylaw may contain conditions, and may set out, among other things:

(a)   the hours, days or dates within which an operator or organiser intends to utilise the facility;

(b)   the location (or part of a facility) that will be used;

(c)   limitations on access to the facility and requirements about vacating the facility;

(d)   information on any signage relating to the commercial activity or organised event under clause 6 of this Bylaw;

(e)   any other conditions that must be adhered to; and

(f)    the payment of fees. 

Explanatory note: See later clause on permissions under this bylaw (clause 5).

 


 

6.     SIGNAGE FOR COMMERCIAL PURPOSES, ORGANISED EVENTS OR OTHER PURPOSES

(1)   No person may install or display signage in, on or affixed to a facility, near a facility, or in relation to the use of a facility, without the prior written permission of an Authorised Officer. 

Explanatory note: The general principles applying to signage and advertising in, on or around facilities are:

·         signage may not unreasonably obstruct or otherwise endanger facility users

·         signage for an ongoing situation may need to be removed regularly, and only be displayed while the activity or event is taking place or being offered

·         signage should not damage the facility

·         signage should be kept in good order

·         signage must comply with other regulatory requirements (such as the applicable district plan).

Regulatory signs from other organisations must also have permission before being installed. This is so that unnecessary proliferation can be avoided, and coordination can occur, where appropriate / possible.

(2)   Unauthorised signage in, on, around or near facilities may be removed at the discretion of an Authorised Officer.

Explanatory note: Generally, land around or near facilities will be land under the control of the Council (often, for example, reserve land).  A similar clause is contained within the Parks and Reserves Bylaw. The Council may use a range of enforcement powers under Subpart 2 of Part 8 of the Local Government Act 2002 to remove any unauthorised signage.

 


 

7.     BUILDINGS OR STRUCTURES ON FACILITIES

(1)   Attachment CNo person may build, construct, erect, affix or place any structure in, on or over a facility without the prior written permission of an Authorised Officer.

Explanatory note: The general principles applying to buildings or structures in, on or over a facility are:

·         structures may not unreasonably obstruct or otherwise endanger facility users;

·         structures should not damage the facility;

·         structures should be kept in good order; and

·         structures must comply with other regulatory requirements.

The Council may use a range of enforcement powers under subpart 2 or part 8 of the Local Government Act 2002 to remove any unauthorised structures.

8.     VEHICLES ON WHARVES AND JETTIES

(A)   CONTROLS ON ALL VEHICLES ON WHARVES AND JETTIES

(1)   No person may drive or park a motor vehicle on a jetty.

(2)   No person may drive or park a motor vehicle on a wharf, unless:

(a)   the wharf is structurally sound for vehicle use; and

(b)   the vehicle is an Authorised Vehicle; and

(c)   the vehicle is either:

(i)     below the gross laden weight listed on a Council sign affixed to the wharf; or

(ii)    the vehicle has been given written permission by an Authorised Officer based on a specific vehicle-to-structure assessment.

Explanatory note: Wharves that are structurally sound for vehicle use are subject to change over time, depending on structural assessments.  The current structural allowances are:

·         Akaroa and Diamond Harbour Wharves can accommodate vehicles up to 3,500kg gross laden weight

·         Akaroa and Diamond Harbour Wharves can potentially accommodate vehicles over 3,500kg gross laden weight, but each vehicle must be considered on a case-by-case basis and a specific vehicle-to-structure assessment

·         Wainui Wharf can accommodate vehicles up to 7,000kg gross laden weight

·         Daly’s and Little Akaloa Wharves may be appropriate for limited light vehicle use, but each vehicle must be considered on a case-by-case basis and a specific vehicle-to-structure assessment.

·         A case-by-case basis and a specific vehicle-to-structure assessment will also evaluate the need for a vehicle to be present on a wharf and may be granted or refused at the Authorising Officer’s discretion.

(B)   AUTHORISED VEHICLES ON WHARVES

(1)   No person may drive or park an Authorised Vehicle on a wharf unless that vehicle is actively involved in servicing a business, or servicing any structure or machinery associated with, or forming part of, the wharf.

(2)   No person may leave an Authorised Vehicle unattended on a wharf.

Attachment CExplanatory note: A wharf is not a parking facility, and is primarily intended for pedestrian use. Vehicle use of wharves is only permitted when a vehicle is actively required for servicing.  Permission for the commercial use of a wharf does not infer a right to unlimited vehicle access to the wharf, or an unlimited right to park on the wharf.

(3)   No person may park an Authorised Vehicle on a wharf in such a way as to unreasonably obstruct access to, or the use of, the wharf, including access points from the water.

Explanatory note: Authorised Vehicles must be driven and parked with the utmost care for the facility and for other users of the facility, and any parking should be considerate of other users and not unnecessarily prevent or block access.

(4)   Written permission may be sought from an Authorised Officer for parking a vehicle in a way that does not comply with this bylaw.  Any permission will be at the discretion of the Authorised Officer and may contain conditions.

(5)   An Authorised Officer may prohibit a person from driving one or more specified vehicles onto a wharf, if, in the opinion of the Authorised Officer, that person has:

(a)   driven or parked in an unsafe manner; or

(b)   breached this bylaw.

(6)   Nothing in this clause applies to an emergency services vehicle in an emergency situation

 


9.     MOORING VESSELS AT WHARVES OR JETTIES

(A)   LOCATION, TIME LIMITS AND ATTENDANCE REQUIREMENTS

(1)   No person may moor a vessel to or alongside an access point at Akaroa Wharf, Daly’s Wharf, Wainui Wharf or Diamond Harbour Wharf, other than for the purposes of using that access point for loading and unloading, or maintenance or servicing, of the vessel.

(2)   No person may moor to an access point in clause 9(A)(1) for more than one hour at a time, unless prior written permission has been granted by an Authorised Officer.

Explanatory note: Mooring alongside access points is appropriate while servicing is occurring (loading, unloading, or undertaking maintenance), but once completed, a vessel should be moved to another part of the wharf, or elsewhere.  Wharves can be in high demand, especially over summer, and use and access should be balanced to allow for both commercial and recreational users.

(3)   No person may moor a vessel to any other part of the wharves listed in clause 9(A)(1) for more than two hours at a time, and must moor the vessel in a position that does not block access points. 

(4)   No person may leave a vessel unattended when it is moored to any wharf or jetty, without written permission from an Authorised Officer. 

(5)   Written permission may be sought from an Authorised Officer for mooring vessels at any wharf or jetty for longer time limits, including overnight. 

Explanatory note: The Council has some berthing areas that are designed for long-term stay and are managed through licencing or leasing agreements (such as Naval Point Marina). Such agreements are a form of written permission under this bylaw.

(B)   SIZE OF VESSELS

(1)   Attachment CWhere tidal conditions allow for the mooring of vessels to a wharf or jetty, the following size conditions apply:

(a)   any yacht may be moored, provided it is no more than 15 metres in length; and

(b)   any other vessel may be moored, provided it is no more than 10 metres in length.

(2)   If a vessel is larger than those set out in clause 9(B)(1), prior written permission must be given by an Authorised Officer who has assessed the vessel in relation to the structure of the wharf or jetty. 

(C)   ADVERSE WEATHER CONDITIONS

(1)   No person may moor a vessel to a wharf or jetty if it may cause damage to the wharf or jetty due to adverse weather conditions.

 


10.  REFUELLING VESSELS FROM FACILITIES

(A)   GENERAL REQUIREMENTS FOR REFUELLING A VESSEL FROM A FACILITY

(1)   No person may refuel a vessel from a facility unless all reasonably practicable steps are taken to ensure refuelling:

(a)    is undertaken safely and does not endanger other facility users; and

(b)   does not damage or contaminate the facility.

(B)   REFUELLING A COMMERCIAL VESSEL FROM A WHARF

Explanatory note: Commercial refuelling from a public wharf needs to be undertaken with the utmost care, as a wharf is a narrow space with open public access, and fuel presents a serious safety hazard.  Commercial refuelling presents a higher risk due to the volume of fuel involved and the likely frequency of refuelling.  

(1)   No person may undertake the refuelling of a vessel used for commercial purposes from a facility, unless:

(a)   written permission has been given by an Authorised Officer; and

(b)   all risks associated with refuelling have been identified and are effectively managed.

Explanatory note: Refuelling must not occur unless all relevant legislation is adhered to, best practice guidelines are followed, and all equipment is fit for purpose.  Legislative requirements include:

o    the Health and Safety at Work Act 2015, which requires taking all reasonably practicable steps to eliminate, minimise or manage risk, and places responsibility on the business operator to protect themselves and those that may be affected; and

o    an approved Site Marine Oil Spill Contingency Plan (approved by the Regional on Scene Commander).

Commercial refuelling will only be permitted at some facilities, and will be considered on a case-by-case basis.

 

Any application for permission should contain a refuelling plan, setting out how refuelling will occur, and how the requirements in this bylaw will be met.  It should identify risks and set out how they will be managed, including how safe access and egress of the facility will be achieved for other facility users.

 

Attachment CBusinesses operating from the Akaroa Main Wharf should be organised and prepare in advance on cruise ship days and over the peak Christmas and New Year holiday period. Commercial operators should endeavour to plan for refuelling at off-peak times to minimise the risk to other facility users. 

 

Before each refuelling event, a situational risk analysis must be undertaken to ensure that any other (new) risks have been identified and are managed. 

 


11.  OBSTRUCTION OF FACILITIES

(A)   OBSTRUCTION OF ACCESS TO FACILITIES

(1)   No person may leave any vessel, watercraft, trailer, motor vehicle, or any other thing, in, on or near a facility in such a way as to obstruct the reasonable use of that facility, without the written permission of an Authorised Officer.

Explanatory note: Vehicles and trailers should be parked considerately, safely and legally. Dangerous parking of vehicles may also result in instant fines under parking-related legislation, such as the Land Transport Road User Rule or the Council’s Traffic and Parking Bylaw.

(B)   STORAGE IN, ON, AROUND OR NEAR FACILITIES

Explanatory note: Some storage facilities are managed via licencing agreements (eg dinghy storage sheds, the boat storage compound or club equipment storage). These agreements count as permission under this bylaw. The clauses below cover situations where things are being stored without any discussion with, or approval from, the Council.

(1)   No person may store any trailer, vessel, watercraft, equipment or any other thing in, on or around a facility in a way that obstructs access, or presents a health and safety issue, without the written permission of an Authorised Officer. 

Explanatory note: Ideally, dinghies, kayaks, etc, should be stored on private land. However, in some areas, watercraft have traditionally been stored out of the way on banks or other unused areas near the waterfront, and this has not presented an issue.  Whether such storage presents an issue or not will be considered on a case-by-case basis.

 

A similar clause about storage is contained within the Council’s Parks and Reserves Bylaw, and generally applies to reserve land, greenspace under the Council’s control, and the foreshore area and prevents storage for more than seven days without permission.

(2)   Any trailer, vessel, watercraft or any other thing found to be stored in, on or around a facility and causing an obstruction or nuisance may be removed by the Council.

Explanatory note: If a trailer, vessel or any other thing is deemed to be obstructing access to a facility, and the owner does not remove it when asked, the Council may remove it and recover the costs of removing the obstruction from the owner under sections 164-168 of the Local Government Act 2002.

 


12.  CLOSING OR RESTRICTING ACCESS TO FACILITIES

(1)   No person may enter or remain upon a facility where a Council sign indicates that the facility is closed to the public, in whole or in part, temporarily or permanently, without the written permission of an Authorised Officer.

Attachment CExplanatory note: A facility will be open to the public at all times, except when the Council has determined that it is necessary to temporarily or permanently close the facility, or part of it, and has provided appropriate signage to inform the public of the closure.

 

Where the Council intends to close a facility to the public, the Council will provide reasonable written notice of the closure to any permission holder, and will provide any necessary access to the facility to any permission holder, where appropriate

(2)   Where a facility is closed to the public, but is undergoing repairs, access is restricted to those involved in undertaking any assessments, repairs or maintenance.


13.  DAMAGE TO FACILITIES

(1)   No person may destroy, damage, deface, or otherwise interfere with any facility or part of a facility.  

 


14.  FISHING FROM A COUNCIL FACILITY

(1)   When fishing from a facility, a person:

(a)   must not leave rubbish or fishing-related by-products behind (such as fish guts/scales/bait, fishing line, hooks or other sharp objects, or any other rubbish); and

(b)   must rinse down the facility with water and make all reasonable effort to remove blood, scales, fish guts or other fishing waste; and

(c)   must not unreasonably obstruct or prevent access for other people; and

(d)   must not endanger other people (such as casting without warning, or casting when a facility is busy).

Explanatory note: Fishing needs to take into consideration other users and not unduly obstruct or endanger them, and Council facilities should be left in a good state.

 

Clause (b) rinsing - can be achieved quickly and easily by using a bottle of water to rinse the surface of the facility. 

 

In addition to breaching this bylaw, a breach of the behaviour set out in this bylaw may also result in penalties under other legislation.  For example, leaving rubbish behind may result in an infringement notice (instant fine) issued under the Litter Act 1979.  Any combination of failing to comply with the above clauses may result in the Council issuing a trespass notice under the Trespass Act 1980.

 

Also note that fishing must comply with national recreational fishing rules relating to licences, species, size, quotas, etc.

 

 


15.  NO FISHING ZONES

(1)   No person may fish from a Council facility where that facility, or part of it, has signage indicating that it is a ‘no fishing zone’.

(2)   A temporary no fishing zone may be put in place by an Authorised Officer to protect the facility from damage, to protect health and safety, or to protect against nuisance.

(3)   The Council may resolve a permanent no fishing zone to protect the facility from damage, to protect health and safety, or to protect against nuisance.

(4)   The Council may subsequently amend or revoke any resolution made under subclause (3).

 

 


16.  Attachment CPERMISSION UNDER THIS BYLAW

(1)   Where this bylaw requires written permission, that permission may be:

(a)   a permit or licence issued by an Authorised Officer; or

(b)   given through a leasing, licencing or other commercial agreement between the Council and another party; or

(c)   set out in this bylaw oran explanatory note to this bylaw; or

(d)   included in a park or reserve management or master plan; or

(e)   given by a sign installed by the Council on or at the entrance to a facility; or

(f)    given under a different Council bylaw.

Explanatory note: Permission for a commercial activity undertaken in a public place, for example, may be given under the Public Places Bylaw, or if the land is a park or reserve, under the Parks and Reserves Bylaw.

(2)   An application for a permission under this bylaw must be in writing, contain all the necessary information, and be submitted in accordance with applicable Council policy.

(3)   An Authorised Officer determining an application for permission may require the applicant to provide further information in order to give permission.

(4)   Any permission under this bylaw may be granted by an Authorised Officer at the Officer’s discretion and

(a)   may include conditions;

(b)   may apply for such time period as the Officer considers appropriate;

(c)   may relate to one or more clauses of this bylaw; and

(d)   may be in electronic form.

Explanatory note: The Authorised Officer(s) with delegated authority to issue permits is set out in the Council’s Delegations Register, which can be accessed by searching the Council’s website.

(5)   The Council may, in its discretion, at any time, review any permission given under this bylaw.

(6)   Any breach of the conditions of a permission granted under this bylaw:

(a)   may result in the permission being withdrawn (in accordance with the Council’s General Bylaw); and

(b)   is a breach of the bylaw.

 

17.  FEES

(1)   The Council may prescribe –

(a)   application fees for permissions under this bylaw and any application must be accompanied by the relevant application fee (if any);

(b)   fees for the use of facilities.

(2)   Attachment CAny fees will be included in the Council’s Annual Plan or Long Term Plan and will be reviewed each year.

(3)   Every person who enters or makes use of any facility is liable to pay any applicable fees relating to that use.

(4)   Failure to pay any applicable fees relating to use is a breach of this bylaw.

 


18.  OFFENCE AND PENALTY

(1)   Every person who breaches this bylaw commits an offence and is liable on conviction to a fine not exceeding $20,000, as set out in the Local Government Act 2002.

 


19.  CHRISTCHURCH CITY COUNCIL GENERAL BYLAW

(1)   The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw passed in amendment or substitution are implied into and form part of this Bylaw.

 


20.  REVOCATIONS AND SAVINGS

(1)   The Christchurch City Council Marine and River Facilities Bylaw 2008 is revoked.

(2)   Any permission, agreement, licence or any other act of authority which originated under the Christchurch City Council Marine and River Facilities Bylaw 2008, or which was continued by that bylaw, and which is still in force at the commencement of this bylaw, continues to have full force and effect for the purposes of this bylaw.

(3)   This bylaw is implied into and forms part of any permission, agreement, licence or any other act of authority continued by this clause.

Explanatory note: For example, any current licence or commercial approval to operate in relation to a wharf will now include clause 7 (Vehicle controls on all wharves and jetties). Some permissions may need to be updated.

(4)   The revocation of the Christchurch City Council Marine and River Facilities Bylaw 2008 does not prevent any legal proceedings, criminal or civil, being taken to enforce that bylaw and such proceedings continue to be dealt with and completed as if that bylaw had not been revoked.

___

The initial resolution to make this bylaw was passed by the Christchurch City Council at an ordinary meeting of the Council held on 1 June 2017 and was confirmed, following consideration of submissions received during the public consultation process, by a resolution of the Council at a subsequent ordinary meeting of the Council on the [day of month 2017]

___

 

FURTHER EXPLANATORY NOTES

 

Christchurch City Council’s district boundaries: The district boundaries of Christchurch City Council extend outward from the land to the line of mean low water springs along the Christchurch coastline. The boundaries were extended from the line of mean high water springs to the line of mean low water springs by two Local Government Boundary Alteration Notices, in 1996 and 1997. The boundaries cross the mouths of all harbours, bays, streams, inlets and Attachment Cestuaries, including Lyttelton and Akaroa Harbours.

 

Activities occurring on the water: Environment Canterbury (through the Harbour Master) has responsibility for managing activities that occur on the water, specifically those in the navigable inland waters and coastal marine area. Activities on the water are covered by the Navigation Safety Bylaw and Environment Canterbury’s Coastal Management Plan.

 

Note that Environment Canterbury’s Navigation Safety Bylaw contains some safety-related restrictions to prohibit fishing, jumping, diving or swimming around landing places (such as wharves) when vessels are manoeuvring nearby.  The bylaw also limits activities around commercial wharves, such as Lyttelton Port of Christchurch (LPC), without permission from the Port. Nothing in this bylaw applies to LPC facilities, land or operational areas, whether open to the public or not.

 

The Council’s district plan also contains some restrictions on motorised craft and speed limits on some inland waterways, many of which relate to erosion protection.

 

Note that other legislation may apply to activities that take place in, on or around Council marine, river or lake facilities, notably, the Litter Act 1979, the Summary Offences Act 1981 and the Trespass Act 1980. 

 

Note that other Council bylaws may regulate related activities –including the Dog Control Bylaw, the Parks and Reserves Bylaw, the Traffic and Parking Bylaw, the Freedom Camping Bylaw, and the Public Places Bylaw. All Council bylaws can be accessed on the Council’s website: www.ccc.govt.nz

 

Note that there are two marine reserves in the Akaroa Harbour, regulated by the Department of Conservation (DOC): Akaroa Marine Reserve (at the south eastern mouth of Akaroa Harbour); and Pohatu Marine Reserve (Pohatu / Flea Bay).

 

If fishing from a Council facility, you must comply with all recreational fishing rules.