Waitaki District Council General Bylaw 2006
General Bylaw Title and Commencement The title of this bylaw is the Waitaki District Council General Bylaw 2006. This bylaw was adopted by Council on 8 August 2006. This bylaw shall come into force on 14 August 2006. Waitaki District Council General Bylaw 2006 2
General Bylaw Part 1 Introductory 100 Scope 100.1 This bylaw is made pursuant to section 684 of the Local Government Act 1974 and sections 145 and 146 of the Local Government Act 2002 and its amendments. 100.2 100.3 The Local Government Act 1974 and the Local Government Act 2002, and other relevant acts e.g. Health Act 1956, Litter Act 1979, Resource Management Act 1991, Building Act 2004, Reserves Act 1977, outline some of the powers and requirements of the Council. Areas of control so prescribed by this legislation are not necessarily repeated within this bylaw, and therefore the relevant sections of the Local Government Acts and other acts should be read in conjunction with it. 100.4 The purpose of the introductory part is to identify and clearly interpret those terms and expressions that are used throughout the bylaw. 100.5 This part outlines serving of orders and notices, powers of delegation and entry, suspension and revocation of licences, removal of works executed contrary to the bylaw, fees and charges, offences and breaches and penalties for breach of bylaws. 101 Definitions and Interpretation 101.1 Note, other definitions are contained within the various parts of the bylaw. 101.2 For the purposes of this bylaw the following definitions shall apply: ACT means the Local Government Act 2002 and its amendments and statutory amendments or modifications thereof. ANIMAL means any species of animal dependent on man for care and sustenance or which is kept by a person in a state of captivity for use or profit or any other reason and includes but is not limited to: horse, goat, dog, cat, bird, reptile, livestock and household pets. APPROVED means approved by Council or by any officer authorised to act on behalf of the Council in relation to that matter. AUTHORISED AGENT means any person who is not an employee of the Council but is authorised by the Council to act on its behalf. AUTHORISED OFFICER means any person appointed or authorised by the Council to act on its behalf and with its authority including a Police Constable. BICYCLE includes a tricycle or unicycle and means a machine for riding designed principally to be propelled by the physical effort of the driver and includes a power assisted cycle. Waitaki District Council General Bylaw 2006 3
BUILDING shall have the meaning assigned to it from time to time by the Building Act 2004. BYLAW means a bylaw of the Council for the time being in force, made under the provisions of any act or authority enabling the Council to make bylaws. CHIEF EXECUTIVE means the Principal Administration Officer of the Council, appointed by Council pursuant to section 42 of the Local Government Act 2002, and includes any person appointed specially or generally by the Council to perform the duties of that Chief Executive for the time being. COMMUNICABLE DISEASE means any communicable disease as defined in the Health Act 1956 and includes any disease for the time being specified as a notifiable infectious disease in Part I of the First Schedule of that act. COUNCIL means the Waitaki District Council. CUSTODIAN means any person for the time being appointed by Council to control or manage or to assist in the control and management of any land, building, or premises belonging to or under the jurisdiction of the Council. DISTRICT means the district within the jurisdiction and under the control of the Council. DWELLING OR DWELLINGHOUSE includes any building, tent, vehicle or other structure, whether permanent or temporary, and whether attached to the soil or not, used in whole or in part for human habitation, and includes the land appurtenant to a dwelling. ENFORCEMENT OFFICER means either a Police Constable, or a person appointed by Council under section 177 of the Local Government Act 2002, to exercise the powers of an enforcement officer in relation to offences against, and infringement offences under, this bylaw. ENGINEER means the Engineer of the Council and includes the Chief Executive or a delegated person. ENVIRONMENTAL HEALTH OFFICER means the Environmental Health Officer appointed by Council under the authority of the Health Act 1956, or any other act. LICENSED means holding a licence, under this, or any other bylaw, or under any statute. LIVESTOCK means any animal that is not a pet and is farmed or controlled by a person for benefit of personal consumption or profit or financial exchange. LOCAL AUTHORITY means the Council, person, or group of persons authorised by any act to make bylaws, and which has made this bylaw, and includes the body corporate on behalf of which any such Council, person, or group acts. MEDICAL OFFICER OF HEALTH means the Medical Officer of Health appointed under the provisions of the Health Act 1956 for the health district, which includes the district under the jurisdiction of the Waitaki District Council. MOBILITY DEVICE means a vehicle designed and constructed (not merely Waitaki District Council General Bylaw 2006 4
adapted) for use by persons who require mobility assistance due to physical or neurological impairment and is powered solely by a motor that has a maximum power output not exceeding 1,500W. MOTOR VEHICLE shall have the meaning assigned to it from time to time by the Land Transport Act 1998. NUISANCE shall, without limiting the meaning of the term nuisance, have the meaning assigned to it by section 29 of the Health Act 1956 and its amendments. OCCUPIER means the inhabitant occupier of any property, and in any case where any building, house, tenement, or premises is or are unoccupied shall be deemed to include the owner as hereinafter defined. OFFENCE includes any act or omission in relation to this bylaw or any part thereof for which any person can be punished either on indictment or by summary process. OFFICER means any authorised Officer of the Council or Police Constable. OWNER of any property, or as applied to any land, building, or premises, means any person for the time being entitled to receive the rent of such property, land, building, or premises, or who would be so entitled if the same were let to a tenant at a rent; and where any such person is absent from New Zealand, shall include his attorney or agent, or any other person acting for him or on his behalf. Owner also means the person lawfully entitled to possession, control and operation of an animal or vehicle or conveyance device. PERSON includes a corporation sole and also a body of persons, whether corporate or unincorporate. PORTICO includes every awning, porch, verandah, shed, shade, or covering upon, across, or over any public footway or part of a road, street, private street, or access-way for the purpose of shade or shelter, together with any supports thereof, other than the building against which it shall be attached. POULTRY means any bird including domestic fowls, ducks, geese, turkeys, guinea-fowl, pheasants and pigeons. PREMISES means any land, dwelling, 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. PRIVATE ROAD, FOOTPATH and PRIVATE WAY shall have the respective meanings assigned to them in the Local Government Act 1974 (section 315) and shall, where the context requires, include a road. PUBLIC NOTICE shall have the meaning assigned to it from time to time by the Local Government Act 2002. PUBLIC PLACE means any place that, at any material time, is under the control of the Council and is open to or being used by the public, as of right, whether free or on payment of a charge; and includes any road whether or not Waitaki District Council General Bylaw 2006 5
it is under the control of Council. It also includes every reserve, park, domain, beach, foreshore and recreational grounds under the control of the Council. RESERVE means any land set aside for any public purpose and shall have the same meaning as in the Reserves Act 1977, and includes, any open space, plantation, park, garden, ground, camping ground, track or land set apart for public recreations, enjoyment, conservation, beautification, education, research or other values, and under the management or control of the Waitaki District Council, whether or not dedicated as a reserve under the provisions of the Reserves Act 1977, and also includes the buildings, amenities, assets, vegetation, and memorials therein. ROAD means, all land lying between the boundaries of a road including footpaths and berms, and shall have the same meaning as in the Land Transport (Road User) Rule 2004 and shall, where the context requires, include: 1. a street; and 2. a motorway; and 3. a beach; and 4. a place to which the public have access, whether as of right or not; and 5. all bridges, culverts, ferries, and fords forming part of the road or street or motorway or a place referred to in paragraph (d); and 6. all sites at which vehicles may be weighed for the purposes of the Land Transport Act 1998 or any other enactment. TRAILER shall have the meaning assigned to it from time to time by the Land Transport (Road User) Rule 2004. VEHICLE shall have the meaning assigned to it from time to time by the Land Transport Act 1998. WATERWORKS includes all waterworks as defined in section 5 of the Local Government Act 2002. WRITING, WRITTEN or any term of like import means and includes words printed, painted, engraved, lithographed, or otherwise traced or copied, or in an electronic form, and where anything is required to be written it may be partly in writing and partly in printing. 101.3 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. 101.4 Words referring to any district, locality, place, person, office, officer, functionary, party, or thing shall be construed distributively as referring to each district, locality, place, person, office, officer, functionary, party or thing, to whom or to which the provision is applicable. 101.5 The heading to the clauses of this bylaw shall not affect the construction thereof. 101.6 For the purposes of this bylaw the word shall refers to practices that are mandatory for compliance with this bylaw, while the word should refers to practices which are advised or recommended. Waitaki District Council General Bylaw 2006 6
102 Appointment of Enforcement Officers Council may from time to time appoint enforcement officers pursuant to section 177 of the Local Government Act 2002 whose duty it shall be to see that its bylaws are duly observed and to investigate and report any breaches thereof to the Council. 103 Officers to Continue in Office All officers appointed by the Council under or for the purpose of any repealed bylaw, and holding office at the time of the coming into operation of this bylaw, shall be deemed to have been appointed under this bylaw. 104 Serving of Orders and Notices 104.1 Except where otherwise expressly provided for in any act, in any case in which it is provided by this bylaw that an order may be made upon or notice be given to any person requiring them to do or abstain from doing anything, or any notice is required by this bylaw to be given or sent to any person, such order or notice shall be delivered to such person, either personally or by sending the same, by messenger, post, fax or email, to them at their last-known place of abode or business. 104.2 If such person is not known, or is absent from New Zealand the order or notice may be sent to their agent instead of to such person, in any manner mentioned in the last preceding subclause. 104.3 If such person is not known, or is absent from New Zealand, and has no known agent in New Zealand, and the order or notice relates to any land or building the order or notice, addressed to the owner or occupier of such building or land, as the case may require, may be served on the person in occupation thereof, or left with some inmate of his/her abode; or, if there is no person in occupation, may be put up on some conspicuous part of such building or land. It shall not be necessary in such notice to name the occupier or the owner of such land or building. 104.4 Where an order or notice is sent by registered post it shall be sent so as to arrive in the due course of post on or before the latest time on which such order or notice is required to be served. 105 Removal of Works and Seizure of Property by Council 105.1 Pursuant to section 163 of the Local Government Act 2002, Council may authorise any officer thereof to pull down, remove or alter or cause to be pulled down, removed or altered any work, material or thing erected or being in contravention of any bylaw of the Council, or the provisions of section 357 (penalties for damage to roads) of the Local Government Act 1974, and recover the costs of removal or alterations from the person who committed the breach. 105.2 Council may seize and impound property materially involved in the commission of an offence and may dispose of seized and impounded property, pursuant to sections 164 168 of the Local Government Act 2002. 105.3 Pursuant to section 215 of the Local Government Act 2002, Council, or a member of the police, may apply to the District Court for a Removal Order requiring an owner to remove or alter a fence, structure, or vegetation Waitaki District Council General Bylaw 2006 7
facilitating the commission of an offence. 106 Recovery for Damage by Wilful or Negligent Behaviour Pursuant to section 175 of the Local Government Act 2002, Council may recover the costs, losses or expenses it incurs from anyone who wilfully or negligently destroys, damages, stops, obstructs or otherwise interferes with any works or property owned by Council. 107 Installation Etc, Not Otherwise Provided For If, after the coming into force of this bylaw, any person desirous of installing or using in the district any article or thing which had not been introduced into the district prior to the coming into force of this bylaw and which, while not complying entirely with the provisions of this bylaw, may, in the opinion of the Council, be properly installed, and put into use, the Council may either generally or specifically authorise the installation and use of such article or thing, and Council may impose such conditions as it deems necessary. 108 Dispensing Power 108.1 Where in the opinion of the Council full compliance with any of the provisions of this bylaw would needlessly or injuriously affect any person, or the course or operation of such person s business, or be attended with loss or inconvenience to any person without any corresponding benefit to the community, the Council may, on the written application of that person, dispense with the full compliance with the provisions of this bylaw. 108.2 Provided that any other terms or conditions (if any) that Council may deem fit to impose shall be complied with by such person, as aforesaid. 109 Forms Wherever throughout this bylaw forms are prescribed, slight deviations therefrom, but to the same effect and not calculated to mislead, shall not vitiate them. 110 Fees and Charges 110.1 The Council may at any time by using the special consultative procedure set out in section 83 of the Local Government Act 2002, prescribe fees or charges payable for any certificate, authority, approval, consent given, inspection made or service given by the Council under the provisions of the Local Government Act 2002 or any other enactment where that enactment contains no provision for authorising the Council to charge a fee, (pursuant to and contained in section 150 of the Local Government Act 2002). 110.2 Where any inspection or service for which a fee has been paid (under the provision of the preceding subclause) has not been given or made, the Council may refund any such fee or portion thereof as it may determine. 110.3 Where under this bylaw any fee is payable or where the Council is entitled to make any charge on any person the Council may require the payment of the fee or the whole or any part of any amount that will become payable before issuing any licence, approval or consent or before Council does any work preliminary to the issue of any licence or consent. 111 Reduction of Licence Fees Where an annual fee is payable in respect of a licence that fee shall, where Waitaki District Council General Bylaw 2006 8
the licence is issued for less than 1 year, be subject to a quarterly pro rata adjustment. 112 Suspension and Revocation of Licences Save and except as may be otherwise expressly provided for in any particular case in this bylaw: (a) Should the holder of any licence, granted pursuant to this bylaw be convicted of any offence whether for a breach of this bylaw or otherwise, the Council may immediately thereupon revoke such licence or suspend the same for as long as it may think fit. (b) Should it be brought to the notice of Council either by a report from an authorised officer or otherwise that the holder of any licence granted hereunder has acted or is acting in a manner contrary to the true intent and meaning of this bylaw or that in any way they are deemed to be unfit to hold such licence, then and in any of such cases the Council may cause to be served upon such holder a notice calling upon him/her to appear before Council or a committee thereof and show cause why their licence should not be revoked or suspended. The Council may, if it considered the matter proved or if there be no appearance by the holder of such licence, revoke such licence or suspend the same for as long as it may think fit. (c) Should it be brought to the notice of the Council either by a report from an authorised officer or otherwise that any premises licensed under this bylaw or any part of such premises: (i) Have been or are being used for any other purpose than that stated (d) (ii) in such licence; or Have fallen into a state of disrepair or are not being kept and maintained in the condition required by such licence; or (iii) That in any other manner the bylaw in respect to such premises is not being observed in accordance with its true intent and meaning; then and in any such case the Council may cause to be served upon the owner or the occupier of such premises, being the holder of such licence, a notice similar to that provided for in item (b) hereof and may hear and determine the matter as provided in the said item (b). Any person whose licence has been suspended as aforesaid, and any premises in respect of which the licence has been suspended as aforesaid shall, during the period of such suspension, be deemed to be unlicensed. 113 Appeals In any case where the issue of a licence or permit or any consent or approval under this bylaw has been refused or is revoked the applicant or holder of the licence as the case may be shall be entitled to appeal to a Committee of the Council. 114 Powers of Delegation 114.1 In all cases where this bylaw provides for the issue of any order, notice or licence, such order notice or licence shall be deemed to be issued in compliance with this bylaw if the same be issued by any officer of Council authorised by the Council for that purpose, pursuant to section 48 and schedule 7 of the Local Government Act 2002. 114.2 (a) Except where this bylaw provides that a resolution or special order is required, all actions required to be done by the Council under this bylaw may be undertaken by any officer or employee or agent of the Council to Waitaki District Council General Bylaw 2006 9
whom the authority for undertaking such action has been lawfully delegated. (b) Proof of such authority may be established by reference to the Instrument of Delegation; or production of a Council Identity Card indicating in general terms the holder s area of delegated authority; or any other reasonable means. 115 Powers of Entry 115.1 The Council shall have for the purpose of doing anything that it is empowered to do under the Local Government Act 2002 or any other act, the power to enter, pursuant to sections 171 174 of the Local Government Act 2002, upon: (a) Any unoccupied land or building; or (b) Any occupied land or building after giving to the occupier thereof, and where practicable to the owner if the owner is not the occupier, 24 hours notice of the intended entry. 115.2 Council may enter occupied land or buildings without giving prior notice for enforcement purposes, where the giving of notice would defeat the purpose of entry, or in cases of sudden emergency. 115.3 Where the occupier is not the owner and notice has not been given to the owner as above, notice of any entry shall be given to the owner as soon as reasonably practicable. 116 Offences and Breaches 116.1 No person shall do anything or cause any condition to exist for which a licence or approval from the Council is required under this bylaw without first obtaining that licence or approval, and the failure to do so shall constitute a breach of this bylaw. 116.2 No application for a licence or authority from the Council, and no payment of or receipt for any fee paid in connection with such application, licence, or authority, shall confer any right, authority, or immunity on the person making such application or payment. 116.3 Any person commits a breach of this bylaw who: (a) Does, or causes to be done, or knowingly permits or suffers to be done anything whatsoever contrary to or otherwise than as provided by this bylaw; or (b) Omits or neglects to do, or knowingly permits or suffers to remain undone, anything which according to the true intent and meaning of this bylaw, ought to be done by them at the time and in the manner therein provided; or (c) Does not refrain from doing anything which under this bylaw they are required to abstain from doing; or (d) Knowingly permits or suffers any condition of or things to exist contrary to any provision contained in this bylaw; or (e) Refuses or neglects to comply with any notice duly given to that person under this bylaw; or (f) Obstructs or hinders any authorised officer of Council in the performance of any duty to be discharged by that officer under or in the exercise of any power conferred upon him/her by this bylaw, (pursuant to and contained in section 229 of the Local Government Act 2002); or (g) Fails to comply with any notice or direction given under this bylaw; or Waitaki District Council General Bylaw 2006 10
(h) (i) Does anything or causes any condition to exist for which a fee is payable without first paying the fees prescribed; or For any purpose whatsoever knowingly or recklessly supplies false information to the Council. 116.4 Any person commits a breach of this bylaw who: (a) Having constructed, affixed or provided, or caused to be constructed, affixed, or provided, any building or any part of a building, or any work, appliance, or material of any description whatsoever, contrary to, or otherwise than in accordance with the provision of this bylaw; or (b) Having omitted to construct, affix, or provide any work, appliance or materials as required thereby and who does not within a reasonable time after notice in writing has been given to them by the Council or any authorised officer of the Council, carry out the remedial action specified in that notice. 116.5 The notice shall state the time within which the remedial action is to be carried out, and may be extended for time to time by written authority of an authorised officer. 116.6 The provisions of this clause shall also apply to any building, part of a building, work, appliance, or material that has, before the coming into force of this bylaw, been constructed, affixed, or provided or omitted contrary to or otherwise than as provided by any provision of any bylaw hereby repealed, but re-enacted, in substance in this bylaw. Notice as aforesaid may be given and renewed in respect of any such building, part of a building, work, appliance or material. 117 Notices to be Obeyed (a) Any person commits a breach of this bylaw who having received notice in writing requiring any lawful action to be undertaken fails within such reasonable time as may be specified in the notice to carry out that action. (b) Where any notice under (a) requires the person served to take down, remove or alter any building, work or material or thing and such person fails to comply with that requirement then the Council may undertake the action required by the notice and recover the cost thereof from that person. 118 Names and Address to be Supplied If it appears that any person is committing or has committed any offence under the provisions of this bylaw the council may require such person to desist from such offence and may require that that person supply his or her real name in full, and his or her residential address. If any person after being so required fails to supply such information or gives incorrect information that person commits a further offence against this bylaw, (pursuant to and contained in section 178 of the Local Government Act 2002.) 119 Penalties for Breach of Bylaws 119.1 Every person who fails to comply with any part of this bylaw commits an offence and shall be subject to the penalty provisions contained in sections 239 245 of the Local Government Act 2002. 119.2 The continued existence of any work or thing in a state contrary to this bylaw shall be deemed a continuing offence within the meaning of this clause. Waitaki District Council General Bylaw 2006 11
120 Access to Council Property Any person for the time being on any property owned or managed by the Council shall follow the lawful directions given by any officer of the Council or any Council employee in charge of or with responsibility for the property and shall obey any rules adopted by the Council in relation to that property. Waitaki District Council General Bylaw 2006 12