Review Of Public Health Bylaw (DC No: 125) Purpose. Executive Summary. Recommendatlon/s. Discussion. Strategy & Policy Committee 9 May 2016

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1 104 Review Of Public Health Bylaw (DC No: 125) Strategy & Policy Committee 9 May 2016 Objective ID No: A Tauranfa Oty Purpose 1. To determine the scope of the Public Health Bylaw Review Executive Summary 2. The Public Health Bylaw 2006 ("the Bylaw") is required to be reviewed by September A review of the Bylaw has been undertaken in light of legislative changes together with an assessment of the number of complaints Council has received. 4. An assessment of the Bylaw has been carried out in accordance with section 155(1) of the Local Government Act A bylaw is not deemed the most appropriate way of addressing the perceived problems as outlined in this report. 5. It is recommended that the Public Health Bylaw be revoked as the current provisions are covered by national legislation. 6. Public consultation will need to be undertaken with the wider community through the special consultative procedure in May/June Recommendatlon/s That the Strategy & Policy Committee: (a) (b) (c) Receive Report DC: Review of Public Health Bylaw. In accordance with section 155(1) of the Local Government Act 2002, determine that a bylaw is not deemed the most appropriate way of addressing the perceived problem. Adopt the Statement of Proposal as per Attachment A for consultation. Discussion 7. The Bylaw was adopted in September The objectives of the Bylaw are to promote public health and prevent conditions which are likely to be offensive or injurious to health. 8. The current Bylaw regulates the following: (a) (b) Food stalls Food premises Review Of Public Health Bylaw (DC No: )

2 ins strategy & Policy Committee 9 May 2016 (c) Commercial spa and swimming pools, including geothermal pools. Under the Local Government Act 2002 the Bylaw is required to be reviewed by September Issues 10. As required by Section 155(1) of the Local Government Act 2002 (LGA 2002), the Council must consider if a bylaw is the most appropriate way of addressing a perceived problem. If it is, section 155(2) requires Council to determine whether the bylaw is the most appropriate form of bylaw and whether it gives rise to any implications under the New Zealand Bill of Rights Act This analysis is provided in Attachment B and further discussed throughout the report. Food Stalls and Premises 11. The Food Act 2014 ("the Act") changes the requirements for the monitoring and registration of food stalls and premises. The Act together with the Food Regulations 2015 set out the monitoring and registration requirements that territorial authorities need to undertake. These requirements replace the food stalls and premises provisions set out in the Public Health Bylaw. There is a duty under the Act to amend or revoke a bylaw that is inconsistent in any way with the Act. Commercial Spa and Swimming Pools including Geothermal Pools 12. The remaining provisions of the Bylaw relate to the monitoring and safety requirements of commercial and geothermal pools. The Public Health Bylaw requires commercial and geothermal pools to comply with New Zealand Standard Pool Water Quality NZS 5826:2000. This standard has been updated since the implementation of the Public Health Bylaw and is now NZS5826:2010. The reference to the NZS standard in the Bylaw needs to be updated, if a decision was made to continue to monitor/regulate commercial and geothermal pools. 13. Given the Health and Safety at Work Act 2015, commercial operators of pools should/must comply with their relevant industry standard. If a commercial pool was found not to be complying and a person was injured or became ill as a result, then it would be a health and safety matter for that particular business owner. 14. The Health Act 1956 enables Council to investigate nuisances, or any conditions likely to be injurious to health or offensive about pools without the need for a bylaw. Since 2009 Council has received no complaints regarding commercial pools and geothermal pools. Given the lack of complaints and the health and safety legislation this raises the question of whether a bylaw is the most appropriate form of resolving this problem. It is considered that the Bylaw is no longer required to address this problem. Additional Matters 15. In addition to the matters currently covered in the Public Health Bylaw, Council has received concerns over the following: 1. Sunbeds REVIEW OF PUBLIC HEALTH BYLAW (DC No: 125)

3 1<^6 strategy & Policy Committee 9 May Beauty Therapy 3. Tattoo and Body Piercing Sunbeds 16. Concerns have been raised about the unregulated use of sunbeds. A suggestion has been made for Tauranga City Council to follow Auckland Council's approach and regulate the use of sunbeds. However, there is currently a Bill before Parliament proposing to ban the use of sunbeds for those under the age of 18 years old. This Bill does not cover all concerns regarding sunbed use and the Ministry of Health has released a consultation document with a view to creating regulations regarding the registration and monitoring of sunbeds. It is considered unnecessary at this point to include (in a bylaw) restrictions on sunbeds, given the Government appears to be taking steps to regulate sunbeds at a national level. Beauty Therapy 17. Council has also received a complaint from a private individual about the lack of regulation of beauty therapy operators. This is the only complaint Council has received about beauticians. The Health Act 1956 enables Council to investigate nuisances, or any conditions likely to be injurious to health or offensive, if a member of the public makes a complaint about the unhygienic practices of an operator. It appears that there is relatively low public concern regarding beauty therapy at this time, and it is recommended that a bylaw is not required to regulate this industry in Tauranga. Tattoo and Body Piercing 18. During the consultation period for the Public Health Bylaw in 2006 a submission was received about the concern of unregulated tattoo and body piercing parlours. Since 2006 three complaints have been received about tattoo parlours/body piercers. Similar to the monitoring of pools, new health and safety legislation is in place for all workplaces. The Health Act 1956 enables Council to investigate nuisances, or any conditions likely to be injurious to health or offensive, if a member of the public makes a complaint about the unhygienic practices of an operator. It appears that there is relatively low public concern regarding Tattoo and Body Piercing at this time, and it is recommended that a bylaw is not required. Options 19. The options to resolve these issues are outlined below: Option a) Revoke the Bylaw (recommended) Pro Does not duplicate legislation. Removes unnecessary regulation. Does not prevent staff from continuing to Con The perception that Council will no longer investigate health concerns. Council will no longer have the enforcement powers under the Local Government Act 2002 REVIEW OF PUBLIC HEALTH BYLAW (DC No: 125)

4 107 strategy & Policy Committee 9 May 2016 investigate nuisances, or any conditions likely to be injurious to health or offensive under the Health Act. for breach of a byiaw. b) Amend the Bylaw to include one or more of the additional matters c) Make no changes to the Bylaw Allows the local community and Council to set the standards for public health. Provides proactive regime. a potential monitoring Further work would be required to establish what regulation/restrictions would be necessary to include in a bylaw. Given the lack of complaints received a bylaw to restrict these activities is not appropriate. Increased cost/staff resources. Does not bring the Bylaw in line with changes to legislation. Provides unnecessary restraint on the public. Consideration strategic Context 20. The Policy contributes to the community outcome of a city of great spaces, places and environments, in that it provides for a safe and healthy environment for people to enjoy. Revoking the bylaw does not impact Councils ability to achieve this community outcome in regards to public health. Community 21. Community views will be sought through a special consultative procedure. Significance and Engagement 22. Under the Significance and Engagement Policv 2014, this matter is of high significance as it relates to the revocation of a bylaw. 23. A special consultative procedure will need to be undertaken to revoke the Bylaw. Implementation 24. If Council adopts the statement of proposal in Attachment A then consultation will be carried out during May/June REVIEW OF PUBLIC HEALTH BYLAW (DC No: 125)

5 1^8 strategy & Policy Committee 9 May 2016 Attachments No. Title Statement of Proposal Objective: ID: A B Public Health Bylaw Revocation: Local Government Act Section 155 Analysis Objective id:a Public Health Bylaw 2006 Objective ID: A Signatories Authors Rebecca de Farias, Corporate and Policy Planner Andrew McMath, Manager: Environmental Monitorin Authorisers Paul Davidson, Chief Financial Officer Rebecca Perrett, General Manager: Environmental REVIEW OF PUBLIC HEALTH BYLAW (DC No: 125)

6 ina Attachment A Statement of Proposal Revoking the Public Health Bylaw 2006 Proposal This Statement of Proposal includes: The Public Health Bylaw 2006; and The reasons for the proposal; and A report on the local authority's determinations under section 155 of the Local Government Act Public Health Bylaw 2006 Tauranga City Council proposes to revoke its Public Health Bylaw Reason For Proposal The reasons for the proposal to revoke the Council's Public Health Bylaw 2006 are: Due to the introduction of the Food Act 2014 and regulations there is no longer a requirement to regulate food stalls and premises through a bylaw; Changes to health and safety legislation in New Zealand mean that there is no longer a requirement to regulate water quality of commercial pools through a bylaw; The Health Act 1956 continues to provide Council with the ability to investigate nuisances that may impact public health. Legal Requirements Under section 155 of the Local Government Act 2002, Council must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem. If it is. Council must determine whether the proposed bylaw is the most appropriate form of bylaw and whether it gives rise to any implications under the New Zealand Bill of Rights Act Council is of the view that a bylaw is not the most appropriate means of addressing public health issues. Objective ID: A

7 Public Health Bylaw Revocation: Local Government Act Section 155 Analvsis Perceived Problem Concern over the public health risk from unsafe food practices Is a bylaw the most appropriate way of addressing the perceived problem? A bylaw would be inappropriate and unnecessary because legislation has changed since the Bylaw was adopted in The issue of unsafe food practices is now set out in the Food Act 2014 and the Food Regulations Is the Bylaw the most appropriate form of bylaw? No Bylaw required. Any NZ Bill of Rights 1990 implications? No Bylaw required. Concern over the public health due to unsafe/unhealthy swimming pools A bylaw addressing this issue would be inappropriate due to the following: Changes to health and safety legislation provide protection for the public when using commercial pools. No Bylaw required. No Bylaw required. The Health Act continues to allow staff to investigate health nuisances and concerns over poor water quality would be considered a nuisance. Few complaints have been received regarding commercial swimming pools since the Bylaw was adopted. Objective ID: A fi) O 1" 0 3 OD

8 Perceived Problem Concern over the unrestricted use of sunbeds is a bylaw the most appropriate way of addressing the perceived problem? A bylaw would be inappropriate as a Bill is currently before Parliament regarding restricting the use of sunbeds as well as the Ministry of Health are in the process of developing regulations to restrict sunbed use. Is the Bylaw the most appropriate form of bylaw? No Bylaw to be developed. Any NZ Bill of Rights 1990 implications? No Bylaw to be developed. Concern over the unregulated beauty therapy industry A bylaw would be inappropriate as staff can continue to investigate nuisances under the Health Act. Also, as few complaints have been received regarding the beauty therapy industry a bylaw would not be appropriate. No Bylaw to be developed. No Bylaw to be developed. Concern over the unregulated tattoo and body piercing industry A bylaw would be inappropriate as staff can continue to investigate nuisances under the Health Act. Also, as few complaints have been received regarding the tattoo and body piercing industry a bylaw would not be appropriate. No Bylaw to be developed. No Bylaw to be developed. Objective ID: A

9 112 Attachment C Tauratifa City Public Health Bylaw 2006 OBJECTIVE To promote public health and prevent conditions which are likely to be offensive or injurious to health in the areas of; - Food Stalls, - Food Premises, - Commercial Spa and Swimming Pools, including geothermal pools. 1. Interpretation 1.1 Except as expressly provided this Bylaw shall apply to the whole of the District. 1.2 Words importing the singular number include the plural number, and words importing the plural number include the singular number; and words importing the masculine gender include the feminine gender. DEFINITIONS Approved means approved by the Council or by any committee or officer ofthe Council authorised for the purpose. Council means the Tauranga City Council or any Committee, Subcommittee, Community Board or elected member of the Council or officer or other person authorised to exercise the authority of the Council. District means the district of the Tauranga City Council. Enforcement Officer means any person appointed and/or authorised by the Council for the purpose of enforcing the provisions of this part of the Bylaw. Food means any substance which is used or represented for use as food or drink by human beings, and includes flavouring matters, condiments and chewing gum. Food Stall means any movable stand, mobile shop or similar structure on, at or from which food is sold. Food premises shall have the same meaning as in Regulation 2 of the Food Hygiene Regulations 1974 but shall not include occasional food premises as defined in that Regulation or Food Stall as defined in this bylaw. Geothermal Pool is any pool which uses geothermal water.

10 113 Geothermal water is water that emerges from the ground at an uncontrolled temperature by geological forces. This includes recirculation systems and unfiltered, non-recirculating (fill and draw) systems. Licence includes a permit or other authority from the Council. Occupier shall mean the owner of the food premises or any person or persons, occupying the premises and includes any supervisor, food handler, manager or agent acting or apparently acting in the general management of control of the food premises. Person includes a corporation sole and also a body of persons, whether corporate or unincorporated. Pool for the purposes of the Commercial Spa and Swimming Pool provision means any swimming pool or spa which is used or made available for use by persons with or without charge, whether or not the primary purpose of the premises is the operation of a pool, but does not include any pool serving a single private household unit. Premises means any land, house, storehouse, warehouse, shop, cellar, yard, building, or part of the same, or enclosed space separately occupied, and all lands, buildings, and places adjoining each other and occupied together shall be deemed to be the same premises. Readily Perishable Food means perishable food that consists wholly or partly of milk, milk products, eggs, meat, poultry, fish or shellfish, or ingredients that are capable of supporting the progressive growth of microbiological organisms that can cause food poisoning or other food-borne illness. Sale or Sell has the same meaning as in section 4 ofthe Food Act 1981 and also includes the extended meaning given in Regulation 2(5) ofthe Food Hygiene Regulations Writing, Written or any term of like import means and includes words printed, painted, engraved, lithographed, or otherwise traced or copied, and where anything is required to be written it may be partly in writing and partly in printing. Zone means a zone applied to land by the Council's District Plan. 2. Food Stalls 2.1 No person shall operate any food stall except with a licence from Council. 2.2 The food stall operator shall display the food stall licence in view of the public at all times when trading. 2.3 With the intent of ensuring adequate food hygiene, food stall operators shall comply with the directions of an enforcement officer.

11 Food stalls shall operate in accordance within the following requirements: a. The food stall shall be located away from any source of contamination of the food and it shall be capable of being easily cleaned and kept clean. b. It shall be so located and set up that the space around and under the food stall can be readily cleaned and so that it provides no harbourage for birds, vermin or insects. c. There shall be provided in a convenient position in the vicinity of the food stall, for the reception and storage of used single service items or other waste matter, a sufficient number of selfclosing, portable, watertight litter bins that are suitably labelled. The litter bins shall be emptied at least once daily and immediately after emptying they shall be effectively washed and cleaned. d. Food awaiting sale and all containers used or intended to be used in handling food shall at all times be protected from contamination. e. All food offered for sale shall be manufactured, prepared and packed on premises registered underthe Health (Registration of Premises) Regulations 1966 for the purpose of or on premises specified in Regulation 4(4) or Regulation 39 ofthe Food Hygiene Regulations 1974 and shall be delivered to the stall in clean, protective containers suitable for the purpose and in such a manner as to protect the food from contamination. f. All readily perishable food shall be dispensed in the original container, package, or wrapper into which it was placed at the registered premises referred in sub-clause (e) or, alternatively, shall be dispensed in single service containers. g. All readily perishable food held within the food stall shall be maintained at either a temperature not in excess of 4 C or not less than 60 C. Every food stall that dispenses readily perishable food shall be equipped with a temperature control device to ensure that the food is maintained at the required temperature. h. All reusable containers that come in direct contact with readily perishable food shall be removed from the stall daily; and shall be thoroughly cleaned and rendered hygienic. i. Every food stall shall be equipped with a wash-hand basin attached to a sealed container for holding waste water prior to its disposal into a foul water drainage system. The basin shall be provided with a nail brush and an adequate supply of soap or detergent and hand drying facilities. An adequate pipe supply of water to the basin at a minimum temperature in the basin of 38 degrees Celsius shall also be provided.

12 115 j. The sealed waste water container is to have a holding capacity greater than the water storage capacity on the food stall. The waste water container is to be emptied and cleaned at least once daily or more frequently if necessary. k. Every food stall shall be equipped with a suitable hygienic dust-proof box or cabinet containing a sufficient supply of first aid requisites for persons working there including waterproof wound dressings. I. All surfaces of a food stall that come into direct contact with food shall be thoroughly cleaned and rendered hygienic at sufficiently frequent intervals to ensure that they are maintained in a clean and sanitary condition. 2.4 Every person engaged in the sale of food from a food stall shall wear clean, suitable clothing that will protect the food against potential contamination; and ensure that hair is restrained. 3. Food Premises 3.1 Compulsory Training for Food Handlers 3.2 Exemptions a. It shall be the duty of the operator of every food premise to ensure that new, temporary, or replacement staff are trained in the basic principles of food hygiene. b. Every food premise shall have at least one person employed in a supervisory and staff training capacity who has been issued with an approved Certificate in Food Handling, NZQA, Unit 167 or equivalent. c. The operator of every food premise shall ensure that adequate records are kept relating to staff training and that copies of all certificates gained by staff [of the type referred to in subclause b above] are kept on the premises for perusal by any enforcement officer upon request. d. In the case of food premises which consist of separate departments or sections, each of which functions more or less in isolation from the others; at least one person shall be appointed to act in a supervisory position within each separate department or section. Persons employed exclusively in the handling of pre-packaged foodstuffs at the point of sale or in storage or transport are exempt from the requirements of section 3.1.

13 Closure of Premises a. Where any food premise or part of any food premises or any appliance, fitting or fixture or other equipment on any food premises by reason of their situation, construction, disrepair, or state are in such a condition that any food in the food premises may become unfit for human consumption, an enforcement officer may serve a notice in writing on the occupier of the premises requiring him/her: (i) To cease to use the premises as food premises, or to clean or reconstruct, or to repair the premises, or part of the premises; or (ii) To cease to use, or to clean, reconstruct, or repair any appliance, fittings, fixture or other equipment on those premises in accordance with the requirements and within the time specified in the notice. b. Where an occupier has been directed to cease to use any food premises the occupier shall not recommence use of those food premises until permission has been given in writing by an enforcement officer and such permission will not be unreasonably withheld. 4. Commercial Spa and Swimming Pools 4.1 Monitoring Council may from time to time monitor the water quality in any pool and in particular may carry out an analysis of water quality on receiving a complaint as to water quality. If further laboratory analysis is required the actual and reasonable costs incurred by the Council to carry out laboratory analysis of water quality shall be recovered from the pool owner. 4.2 Construction (Pool Premises and Equipment) As prescribed by New Zealand Standard Pool Water Quality NZS 5826:2000 and adapted in this bylaw construction shall comply with the following requirements: a. In all premises where pools are situated, the floors, pool surrounds, shower areas and paving, which are liable to become wet shall be constructed of smooth impervious washable materials which can be easily cleaned and dried and shall be adequately graded and drained. b. In all premises where pools are situated, the walls and ceilings situated in areas subject to wetting, steam or condensation

14 Facilities shall be constructed of smooth, impervious washable surfaces which can be readily cleaned without damage to the surfaces. c. The premises where pools are situated shall be provided with such ventilation as is necessary to prevent formation of excess moisture on the floors, walls and ceilings, and to remove objectionable odours, fumes and other impurities from the premises. d. All pool plant and equipment shall be of sufficient size and capacity to prevent their overioading. e. Drainage of pool surrounds shall be effected in such a manner that the surround cannot drain directly into the pool. f. Pool fittings and equipment shall be properiy constructed and of approved materials to facilitate maintenance in a hygienic condition. g. Pools shall be provided with the following : (i) An outlet capable of removing contaminants from the bottom of the pool, or some other approved method of cleaning the pool bottom. (ii) A surface drainage system capable of constantly removing the top layer of water from the pool while it is in use. h. Pools (whether emptied daily or not) shall be provided with adequate filtration and pumping systems, incorporating continual chlorine or other approved bactericidal agent dosing equipment. i. Where subdued lighting is used on any part of the premises, a fixed secondary lighting system shall be incorporated to provide illumination of not less than 300 lux, at a distance of 900 mm above the floor, for the purpose of cleaning and inspections. j. In all premises where pools are situated, the walls and ceiling of sanitary conveniences, changing rooms shall be constructed of sound materials capable of being easily cleaned. Where condensation and/or moisture is likely, the floor, walls and ceilings shall be constructed of smooth, impervious washable surfaces which can be readily cleaned without damage to the surfaces. A wash-hand basin equipped with a plug and a constant supply of hot and cold water, soap and adequate hand-drying facilities shall be provided in each toilet area in premises where pools are situated.

15 Hygienic Practices As prescribed by New Zealand Standard Pool Water Quality NZS 5826:2000 and adapted in this bylaw hygienic practices shall comply with the following requirements: a. All floors in premises where pools are situated which become wet shall be dried frequently and shall be cleaned at least once in every 24 hours with a hypochlorite solution or by some other approved method. b. Pools shall be maintained in accordance with the following : (i) The free available chlorine; bromine, or other approved bacteriocidal agent, readings ofany pool shall be maintained between 2.5 and 5 mg/l. (ii) The ph of any pool shall be maintained at (iii) Microbiological water quality criteria shall be maintained at: Microbiological Water Quality Criteria Test Standard Plate count (SPC) Faecal coliforms of Escherichia coli (E. coli) Staphylococcus aureus Pseudomonas aeruginosa Level Less than 200 per ml Less than 1 per looml Less than 100 per looml Less than 10 per looml c. No pooi shall be used when either the filtration system, or the automatic proportional chemical dosing device, is not operating. 5. Geothermal Pools As prescribed by New Zealand Standard Pool Water Quality NZS 5826:2000 and adapted in this bylaw shall comply with the following requirements: 5.1 A geothermal pool shall be operated on a flow-through principle with a flow rate of at least one quarter of the pool volume per hour. 5.2 A geothermal pool shall be emptied at least daily and the sides and bottom brushed with chlorine solution (50g of calcium hypochlorite per 101 of water) and then washed down with clean water. 5.3 Diving, sliding or other activities in which people are likely to put their heads under the water shall not be permitted in geothermal pools which are unfiltered and are not chemically treated. 5.4 Notices shall be erected warning against immersion of heads in geothermal pools. These notices shall be prominently displayed using the words "Health Warning - Do Not Put Your Head Under the Water"

16 1!9 6. Offences and Breaches 6.1 Every person breaches this Bylaw and commits an offence who: 7. Licences a. Does, or allows anything to be done, which is contrary to this Bylaw or any part of it or b. Fails to do, or allows anything to remain undone, which ought to be done by him or her within the time and in the manner required by this Bylaw or any part of it or c. Does anything which this Bylaw prohibits; or d. Fails to comply with any notice given to him or her under this Bylaw or any part of it or any condition of a licence granted by the Council; or e. Obstructs or hinders any Council officer or other Council appointed person in performing any duty or in exercising any power under this Bylaw. 7.1 The form of any application for and grant of any permission, licence or approval required under this Bylaw will be determined by the Council. 7.2 The Council may attach to any permission, approval or licence any terms or conditions as it thinks fit 7.3 No application for a licence from the Council, and no payment of or receipt for any fee paid in connection with such application or licence, shall confer any right, authority or immunity on the person making such application or payment. 7.4 Suspending or Revoking Licences 8. Fees a. The Council may revoke or suspend a licence granted under this Bylaw if it reasonably believes the licence holder: (i) has acted or is acting in breach of the licence; or (ii) is unfit in any way to hold such a licence. b. The Council may require the licence holder to attend a hearing to explain why the licence should not be revoked or suspended. The Council may revoke or suspend the licence at its discretion if either; (i) the licence holder does not attend the hearing; or (ii) if after the hearing the Council is satisfied the licence holder has been in breach of the licence or is unfit to hold the licence. The Council may in accordance with section 150 of the Local Government Act 2002 prescribe fees or charges payable for any certificate, licence, approval, permit or consent form or inspection made by the Council under this Bylaw.

17 9. Notices 120 The Council may give notice to any person in breach of this Bylaw to carry out any remedial action in order to comply with the Bylaw and every such notice shall state the time within which the remedial action is to be carried out, and may be extended from time to time. 10. Penalties 10.1 Subject to anything to the contrary, every person who commits an offence against this Bylaw shall be subject to the penalties set out in section 242(4) of the Local Government Act Under section 163 of the Local Government Act 2002 the Council or an authorised agent appointed by it, may remove or alter any work or thing that is or has been constructed in breach of this Bylaw The Council may recover the costs of removing or altering the work or thing that is in breach of this Bylaw from the person who committed the breach. This does not relieve that person of liability for the breach Under section 162 of the Local Government Act 2002 the Council may apply to the District Court for the grant of an injunction restraining a person from committing a breach of this Bylaw The Council may seize and impound property materially involved in the commission of an offence, under and in accordance with sections 164 and 165 of the Local Government Act The Council will return and may dispose of property seized and impounded in accordance with sections 167 and 168 of the Local Government Act Dispensing Powers The Council may waive full compliance with any provision ofthis Bylaw in a case where the Council is ofthe opinion that full compliance would needlessly cause harm, loss or inconvenience to any person or business without any corresponding benefit to the community. The Council may in its discretion impose conditions of any such waiver. 12. Serving of Notices and Documents 12.1 Except as otherwise expressly provided for in any Act, where any notice, order, or other document is required to be served on any person for the purposes of Bylaw, the Council may serve notice by: (a) (b) (c) delivering it personally; sending it by messenger; sending it by registered post to the person's last known place of residence or business

18 If that person is absent from New Zealand, the notice may be sent to his or her agent instead of to that person If that person has no known name or address or is absent from New Zealand and has no known agent, and the notice relates to any land or building, the notice may be served on the occupier, or if there is no occupier the notice may be put on some conspicuous part of the land or building without the notice naming the owner or occupier If that person has died, the notice may be served on his or her personal or legal representative or executor Where a notice is sent by registered post it will be sent to arrive in the normal course no later than the notice is required to be served and will be deemed to have been served at the time when the registered letter would be delivered in the ordinary course of post.