Statement of Proposal

Land Transport Bylaw 2008

Consultation 18 March – 19 April 2020

Version: Consultation 18 March - 19 April 2020

Executive Summary The -Piako District Council (Council) has identified that amendments to the Land Transport Bylaw 2008 (Bylaw) are required, the Bylaw is part of the Consolidated Bylaw and Council is proposing changes to both documents.

Included in this document are: • the reasons for the proposal • changes proposed • a report on the relevant determinations by the Council under section 155 of the Local Government Act 2002 (LGA) • where you can find more information and copies of all proposals • how you can submit on the proposals

A draft of the proposed Bylaw can be found at Council offices, libraries and website www.mpdc.govt.nz

This document constitutes the Statement of Proposal for the purposes of Section 83(1)(a) of the LGA 2002.

We are undertaking consultation to assess public support for the proposal to amend the Bylaw. The decision to amend the Bylaw or leave it the same will be made following receipt of community feedback. This document includes a summary of the proposed options and information on how you can have your say.

Amendment scope Speed Limits We believe that there are some speed limits around our district that should be reduced to help keep our community safe. In total we have identified seven sites that we are proposing to have their speed limits reduced. In particular; • Hetana Street/Arawa Street • Banks Road • Kuranui Road/Scott Road • West • Buckland Road/Puketutu Road (Hobbiton) • Tahuna School Zone • Manawaru

Reasons for the proposal Council staff have reviewed the areas mentioned above and believe that the current speed limits are no longer benefitting the community and pose a risk to our residents. It is important that we keep our residents safe and we are proposing that by reducing the speed limit then we hope there will be reduced numbers of near misses and fatalities.

There may be other areas that require Council attention and if you feel we have missed anything please let us know, but we believe we are proposing to fix the most urgent ones, around built up areas, schools and notorious roads.

2 Changes proposed The key changes are outlined below:

Bylaw Recommend Speed Limit Rationale for amendment clause Amendments Schedule Hetana and Arawa Streets in Matamata, • The area receives reasonably high 2 from Broadway until Hetana merges into foot traffic and this will help to Arawa to be reduced from 50km/hr to keep pedestrians safe. 30km/hr. Schedule Sections of Burwood Road and Banks • The proposed speed limit change 4 Road in Matamata to be reduced from is due to an increase in urban 70km/hr to 50km/hr. residential development in the area and increased demand for walking and cycling.

The 50km speed limit zone on Tahuna- • The existing 50km/h speed limit Ohinewai Road to be extended, the was extended to match the extent extension starts 320m west of Rimu of the variable speed zone Street and end 370m west of Rimu outlined in Schedule 10. Street • Land use change within the Manawaru Road to be reduced from surrounding environment. Te 70km/hr to 50km/hr starting 220m north Aroha – Matamata Cycle trail of Shaftesbury Road and ending 80m crossings located within the south of Shaftesbury Road. village. Shaftesbury Road also reduced from • Manawaru School carpark is 70km/hr to 50km/hr starting from accessed directly from Manawaru Manawaru Road and extending for Road and reduced speeds provide 280m north east. safer exits and entry to school. Schedule Alexandra Road in Te Aroha West • There has been increased 5 starting at Mace Road until 100m south development within the village and of McKinley Road to be reduced from the Te Aroha-Matamata Cycle 70km/hr to 60km/hr. Trail passing through the village and crossing Mace Road. Mace Road in Te Aroha West from Alexandra Road for 400m north to be reduced from 70km/hr to 60km/hr.

Stanley Road in Te Aroha West from Mace Road to 300m north of Alexandra Road to be reduced from 70km/hr to 60km/hr. Schedule Banks Road from 30m east of • The proposed speed limit change 7 O’Sullivan Drive to the end of Banks is due to an increase in urban Road reduced from 100km/hr to residential development in the 80km/hr area and increased demand for walking and cycling.

Kuranui Road in starting • Increased development on 20m west of Morrinsville-Walton Road Kuranui Road, including a until 20 west of Avenue Road and all of preschool in progress. Scott Road will be reduced from Scott Road is a no exit road and 100km/hr to 80km/hr narrow in parts.

3 McKinley Road in Te Aroha West from • This is in response to some 20m east of Alexandra Road to the end residents on McKinley Road of McKinley Road reduced from seeking lower speeds, 100km/hr to 80km/hr.

Buckland Road from Puketutu Road for • The proposed speed limit change 3.37km, and all of Mathieson, Puketutu is due to increased traffic caused and Hopkins Roads (until 165m north of by the . SH29) to be reduced from 100km/hr to Submitters to a recent plan 80km/hr. change sought a lower speed limit throughout area. Over the past five years there have been 35 reported crashes including six severe and 19 minor injuries.

Schedule A variable speed limit added down • The variable speed limit provides 10 Tahuna-Ohinewai Road, starting 355m safety for children before and after west of Rimu Street and ending 50m school. It had been raised to west of Rimu Street. Reducing the council by members of the speed from 50km/hr to 40km/hr for 35 community of the high speeds and minutes before the start of school and desire to lower the speed limit. 20 minutes after the end of school.

A variable speed limit added along • Manawaru School carpark is Manawaru Road starting 315m north of accessed directly from Manawaru Shaftesbury Road and ending 80m Road. The variable speed will south of Shaftesbury Road and it will provide for safer entry and exit to extend 20m up Shaftesbury Road. This the park for parents and children. will reduce the speed from 50km/hr to 40km/hr for 35 minutes before the start of school and 20 minutes after the end of school.

Options considered by Council Council has three options to consider for the speed limit amendments. These options also provide a link to the decision-making requirements of section 77 of the LGA, including the identification of reasonably practicable options.

For each option Council is required to consult with the community, either using the special consultative procedure or in accordance with section 82 of the LGA. The table below outlines Council’s options and briefly highlights the advantages and disadvantages for each option:

Proposed Amendments Council has considered the following options: A. Amend the Bylaw B. Keep the Bylaw the same C. Amend the Bylaw with changes to the proposed speed limits

Option Description Advantages Disadvantages Option A - The speed limits will This will keep our Not everyone in the Amend the all be adopted as communities safe. Protect community agrees with Bylaw proposed. our school aged children the idea.

4 Option Description Advantages Disadvantages (proposed with the reduced speed It is not guaranteed to option) zones. make a difference where It answers concerns people are driving raised by community dangerously rather than members about speeding. excessive speed in their areas. Option B - None of the speed Would reduce signage Does not meet the needs Keep the limits proposed will costs. of the community. Some Bylaw the be adopted. of the reductions have same been requested. Is not in keeping with the Council’s need to keep the community safe. With new developments popping up, these roads will only get busier. Option C - The speed limits will This will depend on the Not reducing the speeds Amend the be introduced but feedback of the public but as proposed or not Bylaw with some of the it would align with accepting all of the speed changes to proposals to be community views. limits proposed will mean the clause amended. Council If speeds are reduced our roads stay unsafe. wording to either introduce a further than proposed it greater reduction in may make our roads speed or not reduce safer. the speed limits as significantly.

Section 155 of the Local Government Act 2002 We are required under the LGA to resolve that bylaws are the most appropriate way of addressing particular issues. The process for review required by section 155 of the LGA consists of the following two stages:

1. Section 155(1) requires us to determine whether a bylaw is the most appropriate way of addressing the perceived problem. 2. Sections 155(2) and (3) require us to consider whether the format of the bylaw is appropriate; and whether any aspect is in conflict with the Bill of Rights Act 1990.

Council has resolved that the draft Bylaw is the most appropriate form for the amendments as it is the only way Council can make speed limits legally enforceable, this does not give rise to any implications under, and is not inconsistent with the New Zealand Bill of Rights Act 1990.

It is not a legal requirement to have a Land Transport Bylaw, however, there are a number of issues which are most appropriately addressed through a bylaw including speed limits.

Council is a road controlling authority under the Land Transport Act 1998 and can make bylaws under that Act in relation to roads and parking areas under its control. Under the Land Transport Act 1998, the Council may make bylaws for all or any of the following purposes:

5 • Regulating specified classes of traffic, or specified motor vehicles or class of motor vehicle that, by reason of its size, or nature, or nature of the goods carried, is unsuitable for use on any road or roads; • Regulating, speed limits, parking and signage; • Other road-related matters.

The draft bylaw is the most appropriate form of bylaw because it meets the following tests: • It is authorised by statutory authority under the Local Government Act 2002 and Section 22AB of the Land Transport Act 1998 • It is not repugnant to the general laws of New Zealand • The bylaw is certain and provides clear direction • The bylaw is reasonable • The bylaw is not overly restrictive, onerous on any person, or impractical.

For further information on the section 155 determinations see the Matamata-Piako District Council agenda report 11 March 2020 which is available online at www.mpdc.govt.nz or at Council offices and libraries. Alternatively this can be supplied on request.

Proposed Bylaw – from draft to adoption The views of the community are vital to our success. Therefore, we invite the community to give us feedback on the draft Bylaw to assist us in the decision making process.

The submission process Date Key steps in amending the Bylaw 11 March 2020 Council adopted proposal for consultation 18 March 2020 – 19 April 2020 Community consultation (submissions invited) 13 May 2020 Council Hearing 24 June 2020 Adopt all documents July 2020 We propose to have the bylaw effective.

Where can I find more information? You can download the draft, Land Transport Bylaw, Introductory Bylaw, Trade Waste Bylaw, Fees and Charges, Annual Plan 2020/2021, the Long Term Plan 2018-28 or any other documents at www.mpdc.govt.nz or at our offices or libraries.

How can I have my say? We actively encourage the community to contribute to the proposals outlined in these important documents and it is easy to have your say. This year we are having our consultation document entirely web-based, it is easy to use, interactive and provides a more detailed insight to all the changes proposed, make sure you submit your submission to us by 19 April 2020.

You can make a submission: Online - through our website at www.mpdc.govt.nz Email - [email protected] Written - although the consultation is online, we can print paper copies on request at any of our offices or libraries, or you can simply write your submission as a letter and either drop if off at one of our offices or post it to: Submissions PO Box 266 Te Aroha 3342

6 Note: Please be aware that submissions made to Council are public information. Your submission will be used and reproduced for purposes such as reports to Councillors, which are made available to the public and media.

If you advise in your submission that you wish to speak to your submission at the hearing on 13 May 2020 (please ensure to provide a day time contact number), Council staff will contact you to arrange a time for you to speak at the hearing (volume of submitters determines if the meeting will run on 14 May). If you advise on your submission assistance is required Council is able to offer assistance with special requirements such as New Zealand sign language and audio visual mechanisms.

Office and library locations • Te Aroha Council Office: Kenrick Street Te Aroha • Te Aroha Library: Rewi Street, Te Aroha • Morrinsville Area Office or Library: Canada Street, Morrinsville • Matamata Area Office or Library: Tainui Street, Matamata

Any questions? We are here to help - so if you have any questions about the submission process please let us know. Just call us on 07 884 0060 and let our friendly Customer Services staff know you have a question about the Introductory Bylaw amendments.

You must have your submission back to Council by 19 April 2020

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