Regulation and Consents Committtee 17 June 2014

REGULATION AND CONSENTS COMMITTEE AGENDA

17 JUNE 2014

AT 9AM

IN COMMITTEE ROOM 1, CIVIC OFFICES, 53 HEREFORD STREET

Committee: Councillor David East (Chairperson), Councillors Tim Scandrett (Deputy Chairperson), Vicki Buck, Pauline Cotter, Ali Jones, and Glenn Livingstone.

General Manager Committee Adviser

Peter Sparrow Barbara Strang Telephone: 941 8462 Telephone: 941 5216

PART A - MATTERS REQUIRING A COUNCIL DECISION PART B - REPORTS FOR INFORMATION PART C - DELEGATED DECISIONS

INDEX

ITEM NO. DESCRIPTION PAGE NO.

PART C 1. APOLOGIES 1

PART C 2. DECLARATION OF INTEREST 1

PART B 3. DEPUTATIONS BY APPOINTMENT 1

PART B 4. UPDATE OF THE BULIDING CONTROL AND CITY REBUILD GROUP 3

PART B 5. MONTHLY REPORT ON RESOURCE CONSENTS 25

PART A 6. TRAFFIC AND PARKING BYLAW AMENDMENT 2014 35

PART A 7. PARKS AND RESERVED BYLAW 2008 REVIEW 2014 101

PART A 8. WATER RELATED SERVICES BYLAW 2008 REVIEW 2014 155

PART A 9. CRUISING BYLAW 2010 REVIEW 2014 217

PART A 10. URBAN FIRE SAFETY BYLAW REVIEW 2014 239

1 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

1. APOLOGIES

2. DECLARATION OF INTEREST

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3. DEPUTATIONS BY APPOINTMENT

2 3 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

4. UPDATE OF THE BULIDING CONTROL AND CITY REBUILD GROUP

Contact Contact Details Executive Leadership Team Building Control and City Rebuild Y Peter Sparrow: 5018 Member responsible: Director Officer responsible: Building Control and City Rebuild As above As above Director Author: Peter Sparrow As above As above

1. PURPOSE OF REPORT

1.1 The purpose of this report is to provide the Regulation and Consents Committee with the May 2014 update of the Building Control and City Rebuild Group.

2. BUILDING CONSENT NUMERICS

2.1 In May the Group granted 1011 building consents. The percentage of building consents processed within statutory timeframes is improving with 80 per cent processed under 20 working days in May. The bulk of these were residential consents (912) where 86 per cent were processed within statutory timeframes. This continues to be a significant improvement from November 2013 where only 39 per cent of all consents were on time.

2.2 As reported last month commercial consents dropped to 20 per cent within 20 working days in April and action was being taken. In May 99 commercial consents were issued of which 32 per cent were within 20 working days. The Group is continuing to outsource consents to external Building Consent Authorities (BCAs), and monitoring system and process improvements.

2.3 The Building Control Group is reviewing those building consent applications that have been suspended for further information for a long period of time. Many of these date to applications made before the earthquakes. Refusing many of these applications will help clear the system. Where they are not refused and these consents can finally be granted they are skewing the statistics as they have high recorded timeframes and were applied for in previous building consenting systems that were not appropriately recording those timeframes.

2.4 Full building consent numeric’s are attached as Attachment 2 to this report.

3. EXTERNAL PROCESSING OF CONSENTS

3.1 17 external BCA's are now assisting the Council with the processing of building consents. Of the BCA's that have received training, there is a total potential capacity to assist the Council with 172 consents per week. However, actual consents being outsourced for the month of May on average was 61 consents per week. This is due to the implementation of the new Vetting and Allocation team and the bedding in of new policies and procedures. This is being monitored and the expectation is that the contracts with guaranteed numbers of 95 consents per week or more is reached in the month of June.

4. INSPECTION SCHEDULING

4.1 The Inspections Scheduling team are receiving between 200-250 in-bound calls each day. From these calls, between 200-250 inspections are being booked daily. 5098 inspections were undertaken in the month of May compared to 4194 in March. This number of inspections and the loss of four inspectors have pushed inspection timeframes out to approximately 8 days. A new tranche of inspectors are due to be operational in June that will bring back those timeframes to approximately 3–4 days. 4 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

4 Cont’d

5. IANZ ACCREDITATION

5.1 The focus for the Building Control and City Rebuild Group (the Group) during May has been to get systems, processes and supporting documentation implemented ready for the International Accreditation New Zealand (IANZ) assessment in July. IANZ have confirmed a team of 10 will be in the Council from 8 July 2014 for a two week period to undertake the onsite assessment.

6. UPDATE FROM CROWN MANAGER

6.1 Please find attached for information, as Attachment 1 the latest Crown Managers Quarterly Report as provided to the Minister for Canterbury Earthquake Recovery, the Minister for Building and Construction and the Minister of Local Government.

7. FINANCIAL IMPLICATIONS

7.1 Nil.

8. STAFF RECOMMENDATION

It is recommended that the Committee note the content of this report.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 5

Progress Report of the Crown Manager

June 2014

Purpose 1. This report provides a progress update, as required by the Crown Manager’s Terms of Reference, on the programme of work in the Crown Manager’s Action Plan for improving the Christchurch City Council’s (the Council) building consent processes and decisions. The last update was provided on 10 March 2014.

Background 2. On 15 July 2013, Doug Martin was as appointed Crown Manager to the Christchurch City Council (the Council) following International Accreditation New Zealand (IANZ) withdrawing the Council’s accreditation as a Building Consent Authority (BCA). 3. As required by the Crown Manager’s terms of reference, an Action Plan was provided to the Minister for Canterbury Earthquake Recovery, Minister for Building and Construction and the Minister of Local Government on 15 August 2013. The Action Plan sets out a programme of work for ensuring the Council has the correct systems and processes in place to enable it to regain accreditation as a BCA. 4. This report reflects the outcomes, goals and milestones of the Action Plan. 5. The Crown Manager is required to provide progress reports to the Minister for Canterbury Earthquake Recovery, Minister for Building and Construction and the Minister of Local Government. These are provided on a quarterly basis (as approved by these Ministers).

Immediate actions

Improve the Council’s demand forecasting systems and resources 6. Three forecasts have now been prepared for the Council. The most recent was provided in May 2014 reflecting the December 2013 and March 2014 quarters (provided below).

Quarterly Building Consents (excl SFH) - Business as Usual and Earthquake Related (Stacked chart)

3,500

3,000

2,500

2,000

1,500

1,000

500

0 Jun-11 Jun-12 Jun-13 Jun-14 Jun-15 Jun-16 Jun-17 Jun-18 Jun-19 Sep-10 Sep-11 Sep-12 Sep-13 Sep-14 Sep-15 Sep-16 Sep-17 Sep-18 Dec-10 Dec-11 Dec-12 Dec-13 Dec-14 Dec-15 Dec-16 Dec-17 Dec-18 Mar-11 Mar-12 Mar-13 Mar-14 Mar-15 Mar-16 Mar-17 Mar-18 Mar-19 BAU Residential BAU Commercial EQR Residential EQR Commercial June Fcst v2 Sept Fcst 1

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7. The updated model has been able to draw on nine months of actual results, enabling greater reliance on the numbers as indicative of the future. This has had the effect of lowering results seen in earlier forecasts but not the projected timeframes. 8. The forecast shows that business as usual actual results were relatively consistent with previous forecasts. What has changed, and which poses the greatest forecasting risk, is EQR consents, in particular the removal of cash payout / opt out clients from the overall forecast. Little is known about this group and it is understood that no other parties are forecasting results them. 9. The number of consents issued over the past nine months for cash payout / opt out clients has been low (152) compared with the total number expected to be in this group (approximately 12,000)1. It is unknown whether these people have either left the market, or that they are still in the market but have not begun work and will be requiring building consent at a later stage. 10. The forecast will next be updated to reflect the June 2014 quarter. At this time the forecasting model will be handed over to the Council to take responsibility for updating going forward.

Increase building consent processing capacity and clear backlog 11. Significant focus has been placed on improving the Building Control Group’s compliance with statutory timeframes. Overall compliance with statutory timeframes has increased from 45 percent in July 2013, when the Crown Manager commenced his role, to 80 percent in May 2014. 12. Targeted work is being undertaken for commercial consents where compliance continues to be low. Influencing this is the quality of applications being received is requiring a lot of work upfront by processing staff. In addition, the Council is still dealing with a number of legacy issues where consents with high overall elapsed days are coming through the system. Internal reporting indicates that on average commercial consents are taking 27 working days to process. 13. As part of the operational delivery programme, initiatives continue to be progressed to increase efficiencies in processing days.

1 The old forecasts showed 2,211 consents for this group over the next nine months. The new forecast shows 223 for the same period comparing better to the actual results for the last nine months. 2

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Initiatives External processing of consents 14. From a total of 23 external BCAs who registered interest in supporting the Council’s building consenting function, 17 are now processing consents for the Council. The numbers of consents contracted out has fluctuated due to a combination of the capacity of the external resource and the bedding in of changes to internal processes. 15. The process for the new Vetting and Allocations team went live on 29 April 2014. The initial effect was fewer applications were being outsourced. As the new system has bedded in, this has been increasing. In addition, some external BCAs are now able to take on the more complex applications including those in TC3 and Flood Management Areas and Commercial applications. Recruitment 16. Since October 2013, 28 candidates have accepted positions within the Building Control Group as either building inspectors or building consent officers. These positions have largely been filled by suitably qualified international candidates, mainly from Canada due to the similarities with New Zealand’s building control processes and Building Code. 17. Recruitment has been undertaken to assist the Council in meeting the increased demand for building consent services. Further recruitment is being considered to fill additional vacancies and to support service delivery. Trends 18. The following graphs summarise the number of building consents received and granted, building inspections completed, and Code Compliance Certificates issued from August to May 2014. 19. Full building consent numeric’s are attached as Appendix 1 to this report.

Building Consents

Total Building Consent Applications Received (August 2013 – May 2014)

1200 1000 800 600

N um ber 400 200 0 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Month

Applications accepted (received and logged in system for processing)

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Total building consents granted

1200

1000

800

600 Number 400

200

0 All All All All All All All Residential Residential Residential Residential Residential Residential Residential Commercial Commercial Commercial Commercial Commercial Commercial Commercial Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Building Consents Granted Granted in ≤20 days Granted in >20 days

Building Inspections

Number of building inspections booked and completed (August 2013 – May 2014)

6000

5000

4000

3000 Number

2000

1000

0 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Month

Insepctions booked and achieved

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 9

Code Compliance Certificates

Code Compliance Certificates Granted

900 800 700 600 500 400 Number 300 200 100 0 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Month

CCC All types Granted Processed within 20 working days Ensure all technical staff are assessed against the National Competency Assessment framework 20. The majority of staff (15 remaining out of 102 staff) have now completed annual competency assessments consistent with the National Competency Assessment Framework. The remainder are expected to be completed by the end of June 2014. Assessments for new staff members and level change requests are also to be completed.

Undertake a technical audit of building consents to ensure consents are compliant with the Building Act 2004 21. This action has now been completed. If you require further information, details are provided in previous update reports. Implement an audit regime that complements the requirement of the BCA Accreditation regulations for competency assessment 22. The competency assessment regime is tracking well. However, integrating audit provisions into competency assessments has only recently commenced by way of trialling audits on consents processed. The audits are being undertaken by an independent auditor, Holmes Farsight. 23. The Council’s auditing systems have been developed manually, trialled and incorporated into the new operations manual. In addition to this auditing regime, a system for monitoring external BCA contractors has also been implemented and incorporated into the updated operations manual. Both systems are ‘manual’ in respect that staff are required to allocate and monitor consents that are subject to auditing and monitoring. 24. In December 2013, staff from the Council visited the Auckland Council to review their audit regime. The purpose of this visit was to consider the suitability of the Auckland audit regime for implementation at the Council. Following this visit, discussions are continuing to investigate a suitable

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 10

software package that is able to be implemented with minimum impact on Council’s IT protocols.

By the end of 2013

Implement reporting processes that align with the Council’s Performance Framework 25. Work to implement reporting processes against performance targets and budgets is continuing. The functionality implemented to date is providing greater visibility enabling more robust reporting against performance targets, including statutory targets.

Review the operating model, systems and processes adopted by the BCA and develop and implement, where appropriate, streamlined policies, processes and systems 26. The programme of system and process improvements is well underway with a number of projects completed or nearing completion. Quality-based consenting 27. The development of quality, rather than risk-based, consenting is proceeding quickly. 28. A document framework for a quality based consenting process for commercial projects is being prepared. The framework is based on the quality based consenting structure used in British Columbia, Canada. A number of projects have been selected to participate in a pilot for the new process. The Council is liaising with MBIE on this project. 29. MBIE proposes to introduce MultiProof Flexi, an extension of the MultiProof scheme for low risk residential buildings. 30. The Council has developed its own quality based process, Streamline, for low risk residential buildings that may not meet the MultiProof Flexi requirements. 31. In July it is proposed that the Council and MBIE will jointly introduce Streamline and MultiProof Flexi as options for selected Group Home Builders. 32. The Council will also support the introduction of MultiProof Flexi by streamlining the processing of applications for site consents where the applicant holds a MBIE MultiProof Flexi building consent. 33. Internal processes undertaken by the Council are being reviewed constantly and changes introduced to improve efficiency and reduce processing times. Building Control Operations Manual 34. On 27 May, the Council launched ‘the Vault’ an auditable web-based repository for the Council’s BCA Manual and quality assurance documentation. This is an important step for the Council towards gaining accreditation. The web-based functionality is intended to provide a user friendly, efficient system which can be easily controlled and maintained. 6

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Trial a regional digital, online building consent application, processing and inspection system 35. A decision has been made to implement the web-based digital building consent application, processing and inspection system, Alpha, for the processing of online residential consents by Council staff. The delivery of this function was delayed from its intended implementation date of 31 March for contract details to be confirmed. 36. Testing of the system to identify any issues with compatibility between Council processes and the Alpha product and to determine any capacity issues has been completed. 37. It is intended that the Alpha tool will be able to be made available to externally contracted BCAs processing consents for the Council.

Ensure the implementation of the ‘GoGet’ electronic inspection system 38. The GoGet field technology “stand alone” solution project was implemented on 3 December 2013. Full integration between GoGet and the Council’s regulatory tracking system went live 29 May 2014. 39. GoGet provides an electronic connection to the Council’s operating system enabling building inspectors to access consent information onsite allowing for quicker inspection turn-around. GoGet has significantly reduced inspector time spent on documentation. 40. This system provides the customer with real-time information on the consent documentation required to expedite the issuing of Code Compliance Certificates. 41. A dedicated team for inspections scheduling went live on 31 March 2014. This involved relocating the inspection booking system back in-house from the Council’s main Call Centre to a dedicated inspection booking service.

Ensure the prioritisation of building control related information technology projects 42. The Crown Manager’s team continues to work with the Council’s Information Technology team to ensure the appropriate prioritisation of building control projects.

Review the organisational structure of the Building Consent Unit 43. The review of the structure of the Council’s building control function is now complete. The new structure organises consenting functions around separate commercial and residential streams to deliver a streamlined end-to-end process for building control functions resulting in a better service to the customer (see diagram below).

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Management structure of the Building Control Group:

44. The new management team is now all in place and consists of: • Peter Sparrow – Director, Building Control and City Rebuild; • Sharon Threadwell – Unit Manager, Rebuild Liaison; • Leonie Ray – Unit Manager, Commercial Consents; • Mark Urlich – Unit Manager, Residential Consents; • Robert Wright – Unit Manager, Operational Policy and Quality Improvement; • Sam Hay – Unit Manager, Certifications, Exemptions and Claims; and • Tracey Weston – Unit Manager, Customer and Business Services. 45. With the new management team in place, the Crown Manager and his team have been transitioning towards business as usual. The management team are taking responsibility for progressing the programme of work required to secure accreditation, with the Crown Manager providing support, or direction, as and when needed.

Customer Advisory Group 46. The Customer Advisory Group (CAG) continues to meet on a regular basis providing a valuable opportunity to discuss and resolve issues with representatives from across the construction industry. The last meeting of the CAG was held on 28 May 2014.

IANZ accreditation 47. The Council submitted its accreditation application to IANZ on 7 May 2014. This formally commences the accreditation process and required the Council to supply documentation on their technical and management systems. The next steps in the process include: • IANZ reviews the Council’s documentation; • IANZ undertakes the on-site assessment: this has been scheduled to commence 8 July. A team will be at the Council for a two week period.

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• Following the onsite assessment, IANZ may request the Council to undertake corrective actions. Corrective Action Requests (CARs) are actions that must be met before accreditation can be granted. CARs usually relate to non compliance with general or specific requirements in Building Regulations. • The Council addresses the recommended corrective actions and submits a response for IANZ to review. • IANZ confirms response to corrective actions meets requirements in Regulations. • If everything is deemed to comply, accreditation can be granted.

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Appendix 1 – Numeric’s

BUILDING CONSENTS

All Consents Building Building Consents Building Consent Month Applications Granted Value Granted Received December 686 650 $254,674,200 January 479 690 $168,271,440 February 794 904 $219,287,612 March 889 994 $295,120,919 April 924 862 $241,602,533 May 987 1011 $298,372,022

Building Consents – Requests for Information (RFI) RFI more RFI (days to first Build No RFI RFI 5 days Month than suspend) after Granted Required or less 5 days 20 days or more December 650 267 41% 91 14% 292 45% 244 38% January 690 302 44% 116 17% 272 39% 240 35% February 904 423 47% 74 8% 407 45% 285 32% March 994 444 45% 127 13% 423 42% 276 28% April 862 395 46% 105 12% 362 42% 186 22% May 1011 382 38% 179 18% 450 44% 157 16%

All Building Consents Building Granted in Granted in Month Type Consents ≤20 days >20 days Granted December All 650 275 42% 375 58% Residential 555 245 44% 310 56% Commercial 95 30 32% 65 68% January All 690 336 49% 354 51% Residential 628 307 49% 321 51% Commercial 62 29 47% 33 53% February All 904 557 62% 347 38% Residential 824 533 65% 291 35% Commercial 80 24 30% 56 70% March All 994 688 69% 306 31% Residential 901 653 72% 248 28% Commercial 93 35 38% 58 62% April All 862 649 75% 213 25% Residential 791 635 80% 156 20% Commercial 71 14 20% 57 80% May All 1011 812 80% 199 20% Residential 912 780 86% 132 14% Commercial 99 32 32% 67 68%

10 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 15

Building Consents Received per TC Zone of of of received, received, received, Month Type TC1 % that TC2 % that TC3 % that are New are New are New Builds Builds Builds December Residential 31 16% 197 36% 133 52% Commercial 0 0% 5 80% 3 33% January Residential 21 14% 123 28% 93 57% Commercial 0 0% 3 0% 3 33% February Residential 87 0% 235 22% 186 47% Commercial 2 0% 5 40% 5 100% March Residential 85 4% 246 13% 150 51% Commercial 1 100% 4 75% 3 67% April Residential 95 2% 256 13% 177 45% Commercial 1 0% 5 0% 2 0% May Residential 63 0% 271 21% 185 51% Commercial 2 0% 8 25% 2 50%

Building Consents Granted per TC Land Zone

Of Of of granted, granted, granted, % that % that Month Type TC1 % that TC2 TC3 are are are New New New Builds Builds Builds December Residential 30 20% 164 27% 108 58% Commercial 1 0% 9 22% 1 0% January Residential 26 8% 201 23% 140 58% Commercial 2 0% 6 33% 1 100% February Residential 85 4% 260 23% 169 53% Commercial 0 0% 3 67% 0 0% March Residential 73 1% 287 19% 205 53% Commercial 0 0% 6 33% 2 50% April Residential 85 4% 226 19% 174 49% Commercial 0 0% 5 20% 3 33% May Residential 77 5% 287 15% 189 52% Commercial 1 100% 3 33% 5 80%

Building Consents Pre-application/Concept Stage Meetings Month Total Consents Received Meetings Booked December 686 26 January 479 8 February 794 15 March 889 23 April 924 26 May 987 40

11 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 16

Code Compliance Certificates Issued

CCC Decision CCC % Achievement Month Target made for all December 20 / wd 376 81% January 20 / wd 325 74% February 20 / wd 415 83% March 20 / wd 430 80% April 20 / wd 430 80% May 20 / wd 526 67%

All Building Inspections

EQ Inspections Inspections Booked Month Booked Target % Achievement and and Achieved Achieved December Inspections are not being 3 achieved within 3 days but 2973 949 w/days we are unable to report exact results. January Inspections are not being 3 achieved within 3 days but 2629 794 w/days we are unable to report exact results. February Inspections are not being 3 achieved within 3 days. 3492 1043 w/days Currently achieved within 4 days. March Inspections are not being 3 achieved within 3 days but 4194 1300 w/days we are unable to report exact results. April Inspections are not being 3 achieved within 3 days but 4100 1342 w/days we are unable to report exact results. May Inspections are not being 3 achieved within 3 days but 5094 1617 w/days we are unable to report exact results.

12 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 17

Building Consents: Results by values and total elapsed time

Performance Performance Number Standard standard Total Value of Description of excluding including Consents Consents Suspension time suspension time Consents where Average is Average is 43 proposed Dec 27 working 259 $9,173,640 working days building days work is less Average is Average is 37 than Jan 24 working 308 $11,537,309 working days $150,000 days (GST Average is Average is 23 inclusive) Feb 13 working 424 $9,459,562 working days days Average is Average is 20 Mar 10 working 459 $10,744,601 working days days Average is Average is 18 Apr 8 working 426 $7,641,267 working days days Average is Average is 22 May 8 working 509 $11,053,839 working days days Consents where Average is Average is 49 proposed Dec 33 working 240 $68,986,256 working days building days work value Average is Average is 40 is $150,000 Jan 28 working 237 $71,039,451 working days or greater, days but less Average is than Average is 43 Feb 27 working 278 $82,702,447 $500,00 working days days (GST Average is inclusive) Average is 45 Mar 23 working 311 $91,977,188 working days days Average is Average is 40 Apr 20 working 251 $73,759,913 working days days Average is Average is 40 May 19 working 266 $80,005,379 working days days Consents where Average is proposed Average is 66 Dec 40 working 46 $30,854,720 building working days work value days is $500,000 Jan Average is Average is 53 62 $41,317,385 13 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 4 18

Performance Performance Number Standard standard Total Value of Description of excluding including Consents Consents Suspension time suspension time or greater, 33 working working days but less days Average is than Average is 60 Feb 32 working 90 $56,886,730 $1,000,000 working days (GST days Average is inclusive) Average is 58 Mar 30 working 80 $51,141,986 working days days Average is Average is 67 Apr 28 working 53 $35,080,858 working days days Average is Average is 64 May 25 working 81 $53,731,158 working days days Consents where Average is proposed Average is 81 Dec 44 working 34 $145,257,198 building working days work value days Average is is greater Average is 72 Jan 44 working 19 $39,798,820 than working days $1,000,000 days Average is (GST Average is 62 Feb 39 working 30 $70,180,873 inclusive) working days days Average is Average is 73 Mar 42 working 36 $140,666,044 working days days Average is Average is 77 Apr 44 working 37 $125,020,495 working days days Average is Average is 77 May 36 working 33 $153,331,646 working days days

14 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 4 19

Attachment 2

Building Consent Numeric’s for May 2014

All Consents

Building Applications Building Consents Building Consent Month Received Granted Value Granted November 752 638 $156,709,582 December 686 650 $254,674,200 January 479 690 $168,271,440 February 794 904 $219,287,612 March 889 994 $295,120,919 April 924 862 $241,602,533 May 987 1011 $298,372,022

Building Consents – Requests for Information (RFI)

RFI more RFI (days to first Build No RFI RFI 5 days Month than suspend) after Granted Required or less 5 days 20 days or more November 638 268 42% 93 15% 277 43% 247 39% December 650 267 41% 91 14% 292 45% 244 38% January 690 302 44% 116 17% 272 39% 240 35% February 904 423 47% 74 8% 407 45% 285 32% March 994 444 45% 127 13% 423 42% 276 28% April 862 395 46% 105 12% 362 42% 186 22% May 1011 382 38% 179 18% 450 44% 157 16%

All Building Consents

Building Consents Granted in Granted in Month Type Granted ≤20 days >20 days November All 638 251 39% 387 61% Residential 562 226 40% 336 60% Commercial 76 25 33% 51 67% December All 650 275 42% 375 58% Residential 555 245 44% 310 56% Commercial 95 30 32% 65 68% January All 690 336 49% 354 51% February All 904 557 62% 347 38% Residential 824 533 65% 291 35% Commercial 80 24 30% 56 70% March All 994 688 69% 306 31% Residential 901 653 72% 248 28% Commercial 93 35 38% 58 62% April All 862 649 75% 213 25% Residential 791 635 80% 156 20% Commercial 71 14 20% 57 80% May All 1011 812 80% 199 20% Residential 912 780 86% 132 14% Commercial 99 32 32% 67 68%

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Building Consents Received per TC Zone

of of of received, received, received, Month Type TC1 % that are TC2 % that are TC3 % that are New New New Builds Builds Builds November Residential 24 21% 195 4% 150 53% Commercial 0 0% 8 50% 4 50% December Residential 31 16% 197 36% 133 52% Commercial 0 0% 5 80% 3 33% January Residential 21 14% 123 28% 93 57% February Residential 87 0% 235 22% 186 47% Commercial 2 0% 5 40% 5 100% March Residential 85 4% 246 13% 150 51% Commercial 1 100% 4 75% 3 67% April Residential 95 2% 256 13% 177 45% Commercial 1 0% 5 0% 2 0% May Residential 63 0% 271 21% 185 51% Commercial 2 0% 8 25% 2 50%

Building Consents Granted per TC Land Zone

Of of granted, granted, Of granted, % that are Month Type TC1 TC2 % that are TC3 % that are New New New Builds Builds Builds November Residential 26 8% 161 35% 97 40% Commercial 0 0% 7 14% 0 0% December Residential 30 20% 164 27% 108 58% Commercial 1 0% 9 22% 1 0% January Residential 26 8% 201 23% 140 58% February Residential 85 4% 260 23% 169 53% Commercial 0 0% 3 67% 0 0% March Residential 73 1% 287 19% 205 53% Commercial 0 0% 6 33% 2 50% April Residential 85 4% 226 19% 174 49% Commercial 0 0% 5 20% 3 33% May Residential 77 5% 287 15% 189 52% Commercial 1 100% 3 33% 5 80%

Building Consents Pre-application/Concept Stage Meetings

Month Total Consents Received Meetings Held November 752 35 December 686 26 January 479 8 February 794 15 March 889 23 April 924 26 May 987 40

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All Building Inspections

EQ Inspections Month Inspections Target % Achievement Completed Completed November Inspections are not being achieved 3 3117 906 within 3 days but we are unable to report w/days exact results. December Inspections are not being achieved 3 2973 949 within 3 days but we are unable to report w/days exact results. January Inspections are not being achieved 3 2629 794 within 3 days but we are unable to report w/days exact results. February Inspections are not being achieved 3 3492 1043 within 3 days but we are unable to report w/days exact results. March Inspections are not being achieved 3 4194 1300 within 3 days but we are unable to report w/days exact results. April Inspections are not being achieved 3 4100 1342 within 3 days but we are unable to report w/days exact results. May Inspections are not being achieved 3 5094 1617 within 3 days but we are unable to report w/days exact results.

Code Compliance Certificates Issued CCC Decision CCC Month Target made % Achievement for all November 2013 20 / wd 408 74% December 2013 20 / wd 376 81% January 2014 20 / wd 325 74% February 2014 20 / wd 415 83% March 2014 20 / wd 430 80% April 2014 20 / wd 430 80% May 2014 20 / wd 526 67%

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 4 22

Building Consents: Results by values and total elapsed time Performance Number Performance Standard Total Value Description standard including of excluding Suspension time of Consents suspension time Consents Consents Time not to exceed 5 Time not to exceed where working days 15 working days proposed Average is 31 Average is 45 Nov 270 $8,839,797 building working days working days work is Average is 27 Average is 43 Dec 259 $9,173,640 less than working days working days $150,000 Average is 24 Average is 37 Jan 308 $11,537,309 (GST working days working days inclusive) Average is 13 Average is 23 Feb 424 $9,459,562 working days working days Average is 10 Average is 20 Mar 459 $10,744,601 working days working days Average is 8 Average is 18 Apr 426 $7,641,267 working days working days May Average is 8 Average is 22 509 $11,053,839 working days working days Consents Time not to exceed 10 Time not to exceed where working days 20 working days proposed Average is 33 Average is 50 Nov 198 $58,229,456 building working days working days work value Average is 33 Average is 49 Dec 240 $68,986,256 is working days working days $150,000 Average is 28 Average is 40 Jan 237 $71,039,451 or greater, working days working days but less Average is 27 Average is 43 Feb 278 $82,702,447 than working days working days $500,000 Average is 23 Average is 45 Mar 311 $91,977,188 (GST working days working days inclusive) Average is 20 Average is 40 Apr 251 $73,759,913 working days working days May Average is 19 Average is 40 266 $80,005,379 working days working days Consents Time not to exceed 15 Time not to exceed where working days 25 working days proposed Average is 39 Average is 63 Nov 52 $34,059,833 building working days working days work value Average is 40 Average is 66 Dec 46 $30,854,720 is working days working days $500,000 Average is 33 Average is 53 Jan 62 $41,317,385 or greater, working days working days but less Average is 32 Average is 60 Feb 90 $56,886,730 than working days working days $1,000,000 Average is 30 Average is 58 Mar 80 $51,141,986 (GST working days working days inclusive) Average is 28 Average is 67 Apr 53 $35,080,858 working days working days May Average is 25 Average is 64 81 $53,731,158 working days working days Consents Time not to exceed 20 Time not to exceed where working days 35 working days proposed Average is 42 Average is 76 Nov 31 $55,183,996 building working days working days

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 4 23

Performance Number Performance Standard Total Value Description standard including of excluding Suspension time of Consents suspension time Consents Average is 44 Average is 81 work value Dec 34 $145,257,198 is greater working days working days Average is 44 Average is 72 than Jan 19 $39,798,820 $1,000,000 working days working days (GST Average is 39 Average is 62 Feb 30 $70,180,873 inclusive) working days working days Average is 42 Average is 73 Mar 36 $140,666,044 working days working days Average is 44 Average is 77 Apr 37 $125,020,495 working days working days Average is 36 Average is 77 May 33 $153,331,646 working days working days

24 25 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

5. MONTHLY REPORT ON RESOURCE CONSENTS

Contact Contact Details General Manager responsible: Chief Planning Officer, Y Mike Theelen, 941-8177 Strategy & Planning Officer responsible: Manager Resource Y John Higgins, 941-8224 Consents Author: Manager Resource Y John Higgins, 941-8224 Consents

1. PURPOSE OF REPORT

1.1 To provide the Regulation and Consents Committee with a monthly update on the delivery of resource consent functions. This report covers activity for the month of May 2014.

2. EXECUTIVE SUMMARY

2.1 The report (Attachment 1) is the regular monthly report that is provided to the Regulation and Consents Committee relating to the delivery of resource consent functions.

3. FINANCIAL IMPLICATIONS

3.1 Nil

4. STAFF RECOMMENDATION

4.1 It is recommended that the Committee:

4.1.1 Receives the Monthly Report on Resource Consents for the month of May 2014.

26 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 27

Attachment 1 - Monthly Report on Resource Consents May 2014

This report provides the Christchurch City Council Regulation & Consents Committee with information on the delivery of resource consent functions.

Application numbers In May the number of resource management applications received increased from 263 to 273. The number of applications issued increased significantly from 217 to 255.

Application numbers in the Central City remain low at 6, compared with 7 in April.

The Hagley/Ferrymead and Riccarton/Wigram wards continue to experience the greatest development related activity. That is not surprising given the earthquake damage and urban growth experienced in these areas.

Performance In May 100% of land use and subdivision applications were processed within the statutory timeframe of 20 working days for non-notified applications. There were no notified applications. This continues the excellent results achieved for this financial year.

No requests for further information (RFI’s) were made for 67% of applications and 77% of RFI’s were made in the first 10 working days of processing. What this means is that for the vast majority of applications either no information, or any further information required is being identified early in the process. This ultimately leads to the potentially faster processing of consents with respect to total elapsed days. Elapsed days are the total days from when the application is received until the day the application is granted and includes those days where the application is suspended for further information.

Workloads Resource consent application numbers remained relatively constant through February, March and April, but increased noticeably in May, and there have been continued increases in other areas such as planning checks on building consent applications and public planning advice. High compliance with statutory timeframes over an extended period of time demonstrates a current ability to cope with current workloads.

At this time staffing levels continue to be monitored. While we have a number of consultancies of stand by to process overflow work, we have only had to outsource applications in small numbers. The key focus at this time for handling the number of applications has been on streamlining processes. This works continues and in part relates to the Ministry for the Environment Action Plan work.

Ministry for the Environment Review of Resource Management Planning and Consenting Delivery – Action Plan update

Good progress continues to be made on the Action Plan. Council and Ministry for the Environment staff continue to work through the action plan together. There is no progress report on the action plan for May as the meeting with Ministry for the Environment staff has been deferred. An update will be provided in a future report.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 28

Application numbers

Resource Management Applications total

Month RMA applications received RMA applications issued (incl temporary accommodation) (incl temporary accommodation) July 225 226 August 261 214 September 262 225 October 268 252 November 269 229 December 267 194 January 191 199 February 257 244 March 267 236 April 263 217 May 273 255

Application Types received

Month Land Use Subdivision Temporary accommodation July 182 25 18 August 204 28 29 September 216 28 18 October 213 41 14 November 214 36 19 December 214 38 15 January 162 24 5 February 199 42 16 March 218 34 15 April 215 39 9 May 230 38 5

300 263 273 268 269 267 267 268 261 262 254 257 250 250 252 252 254 236 244 241 232 225 214232 206 210 207 200 199 195 199 191 188 190 179 174 177 186 168 171 170 167 164 162 165 150 144 147 134 124

100 Number of applicationsNumber received 50

12 -13 14 14 14 14 Jul-12 ug- pr-13 Jul-13 pr- A Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb Mar-13 A May-13 Jun-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar- A May- Jun- Resource consent applications (land use and subdivision) Total applications (incl Temp accomm) REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 29

Total number of resource consent applications issued

300

252 250 241 232 222 214 215 211 207 200 193 187 181 186 176 165 161 156 159 157 150 143 143 139 133

109

Number of applications Number 100

2 2 2 3 3 3 3 4 4 -1 -12 -1 -1 -13 -13 1 1 -13 -1 -1 -13 -13 -14 l t v b r- r- l p-13 v c n-1 y n-14 Ju o e Ju e a u Aug-12 Sep-12 Oc N Dec Jan F Ma Ap May-13 Jun Aug S Oct-13 No De J Feb-14 Mar-14 Apr-1 Ma J

Land Use and Subdivision consent applications issued

250

208 208 199 193 200 188 182 174 169 162 164 151 153 155 143 150 136 130 125 123 122 119 111 110

100 83

Number of applications Number

44 50 40 40 40 38 35 33 33 32 33 32 33 26 22 21 25 25 23 22 22 20 19 16

0 2 3 3 3 4 12 12 -12 1 12 12 1 -13 -1 13 13 13 -1 -14 -14 b-13 g- p- Jul- ug- ec- e pr Jul-13 ec- pr A Sep Oct- Nov- D Jan- F Mar A May-1 Jun-13 Au Se Oct-13 Nov-13 D Jan Feb-14 Mar A May-14 Land Use Subdivision

3 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 30

Resource consents issued by Ward

Number of applications Number 20

0 Banks Burwood- Fendalton- Hagley- Riccarton- Shirley- Spreydon- Multiple Peninsula Pegasus Waimairi Ferrymead Wigram Papanui Heathcote wards

Feb-14 Mar-14 Apr-14 May-14

Central City resource consent applications issued

6 out of 208 land use consents issued this month were within the Central City area.

18 17 17 16 16 16 16 16 15 15 15

14 13 13 12 12 12 11 10 10 10 9 8 8 8 7 7

Number ofapplications Number 6 6 6

0 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l------l- - - - -1 - -1 - - -1 - g p ct v c n b r- r y n g p t v c n b r r y Ju u e a e a p a u Ju u e c e a e a p a A S O No De J F M A M J A S O No D J F M A M 4 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 31

Temporary Accommodation applications issued

20 13

15 14 14 13 13 9 5 10 10 4 9

Number of applications Number 6 6 7 12 11 12 10 12 5 6 5 7 10 8 8 7 7 6 6 5 666 5 5 6 3 3 22 1 2 1 0 0 0 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 -1 -1 -1 -1 -1 -1 -1 -1 1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 1 -1 l g p t v c n b r- r y n l g p t v c n b r- r-1 y u u e c a e a p a u u u e c e a e a p a J O J F M A J J O J A A S No De M A S No D F M M Permitted Site Specific

Performance against timeframes

Compliance with statutory timeframes under the RMA 20 working days for non-notified applications 70 working days for notified applications

Land Use consents Subdivision consents Month % within Total no. No. over % within Total no. No. over time of applns time time of applns time July 99% 174 1 98% 40 1 August 100% 153 - 100% 40 - September 100% 188 - 100% 23 - October 99% 208 1 97% 33 1 November 100% 193 - 100% 22 - December 99% 164 1 100% 22 - January 100% 155 - 100% 32 - February 99% 199 2 100% 33 - March 100% 182 - 100% 40 - April 100% 169 - 97% 38 1 May 100% 208 - 100% 44 -

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 32

Compliance with internal timeframe for “simple consents” 10 working days

Land Use consents Subdivision consents Month % within Total no. No. over % within Total no. No. over time of applns time time of applns time July 100% 21 - 67% 3 1 August 100% 16 - 100% 1 - September 100% 32 - 100% 1 - October 90% 21 2 100% 1 - November 100% 20 - - - - December 100% 16 - - - - January 95% 20 1 100% 2 - February 100% 20 - 100% 1 - March 100% 18 - 100% 4 - April 100% 20 - 100% 2 - May 100% 29 - 100% 1 -

Requests for further information (RFI)

Land Use consents Subdivision consents Month No RFI RFI 0-9 RFI ≥10 No RFI RFI 0-9 RFI ≥10 needed working working needed working working days days days days July 71% 22% 7% 59% 34% 7% August 63% 28% 8% 73% 18% 10% September 67% 20% 13% 78% 13% 9% October 70% 22% 8% 73% 15% 12% November 68% 22% 10% 77% 18% 5% December 60% 27% 13% 82% 14% 5% January 72% 21% 7% 63% 28% 9% February 69% 20% 11% 61% 36% 3% March 60% 27% 13% 60% 27% 13% April 69% 23% 8% 63% 32% 5% May 66% 26% 8% 70% 25% 5%

Total elapsed days for resource consent applications

Total number of working days from date application received to the date the decision was issued

Application Total elapsed days (May) Type 0-5 6-10 11-20 21-30 31-50 51-100 100+ Land use 26 49 56 29 27 16 5 Subdivision 3 3 18 6 7 5 2 Total 29 52 72 35 34 21 7 Percentage 12% 21% 29% 14% 13% 8% 3%

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 33

Appeals

No appeals were received in May.

Pre-application meetings for resource consents

Month Meetings held July 66 August 58 September 53 October 43 November 54 December 57 January 39 February 51 March 54 April 64 May 70

General planning advice - Duty Planner phone/inbox

Month Calls to Duty Planner phone Emails to Duty Planner inbox July 764 603 August 741 Information not available September 748 650 October 739 417 November 660 745 December 419 Information not available January 594 506 February 509 Information not available March 726 787 April 575 732 May Not yet available No yet available REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 5 34

Trends in resource consent application numbers

Land Use applications processed: 2005 - 2014

2500

2000

1500

1000

Number of applicationsNumber 500

r y h l y uly er r c ne J u mbe ua Apri Ma J August e emb an Mar pt October J February Se Nov December

2005/06 (1781) 2006/07 (1800) 2007/08 (1791) 2008/09 (1228) 2009/10 (1233) 2010/11 (934) 2011/12 (893) 2012/13 (1515) 2013/14

Subdivision applications processed 2005-14

1200

1000

800

600

400 Number of applications of Number

200

er ry y il e b ch pr July ober uar ar A May Jun ugust ember ct M A O Janua ebr ept ecem F S November D 2005/06 (780) 2006/07 (970) 2007/08 (711) 2008/09 (366) 2009/10 (386) 2010/11 (228) 2011/12 (165) 2012/13 (307) 2013/14

8 35 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6. TRAFFIC AND PARKING BYLAW AMENDMENT 2014

Contact Contact Details Executive Leadership Team (Acting) General Manager, City N Member responsible: Infrastructure Group Officer responsible: Unit Manager, Transport and N Greenspace Author: Vivienne Wilson, Solicitor Y Vivienne Wilson, DDI 941 8963 Steffan Thomas, Traffic Operations Steffan Thomas, DDI 941 8075 Manager

1. PURPOSE AND ORIGIN OF REPORT

1.1 The purpose of this report is that the Committee recommend to the Council that it amend the Christchurch City Council Traffic and Parking Bylaw 2008 (the Bylaw) (refer Attachment 1).

1.2 This is a staff initiated report following feedback from the project teams working on the Major Cycleways and An Accessible City projects.

2. EXECUTIVE SUMMARY

2.1 The Council's Bylaw came into force on 1 July 2008.

2.2 The Bylaw generally regulates traffic and parking matters on the Council’s roads in conjunction with provisions in the Land Transport Act 1998 and rules made under that Act, and the Local Government Act 1974. The Bylaw leaves a number of matters to be determined by the Council by resolution at a later date (for example parking, stopping and standing restrictions, one way streets, and special vehicle lanes).

2.3 Staff have identified the need for an amendment to the Bylaw to provide for three matters. The first matter relates to a clarification about the use of different payment methods for parking fees in the City. The second and third matters relate to the creation of shared paths and shared zones by way of resolution. There is an increasing need to regularise the way in which these paths and zones are created. An Accessible City1 (AAC) refers to shared zones and at present there is no clear mechanism to create these zones with respect to the Council’s roads. The review of the Council’s Parks and Reserves Bylaw 2008 has also highlighted the need to clarify the status of shared paths.

2.4 A draft Christchurch City Council Traffic and Parking Amendment Bylaw 2014 (the Amendment Bylaw) is attached (refer Attachment 2), together with a Statement of Proposal (refer Attachment 3) and a Summary of Information (refer Attachment 4). It is anticipated that consultation on the Amendment Bylaw will be conducted together with the special consultative procedure for the new Parks and Reserves Bylaw.

2.5 In addition, staff will bring forward the overall review of the Traffic and Parking Bylaw. It is currently scheduled for 2016/2017 but staff have identified a need to undertake this review earlier.

3. BACKGROUND

3.1 The Council’s Bylaw came into force on 1 July 2008. A copy of the current Bylaw is contained in Attachment 1. Since this time, the Bylaw has been amended on a number of occasions. The Bylaw has been scheduled by staff for a full review in 2016/2017.

3.2 In the meantime, it has become clear that the Bylaw should be amended to provide for three specific matters. These are the methods of payment for parking fees, and authorising shared paths and shared zones. These issues have partly arisen due to the review of the Christchurch City Council Parks and Reserves Bylaw, as well as the provisions of the AAC which refer to shared zones and shared paths. Staff have also expressed a desire to clarify clauses 5(4) and 6(2) of the Bylaw as it relates to methods of payment for parking fees.

1 The Transport Chapter of the Christchurch Central Recovery Plan. 36 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6 Cont’d

Methods of payment for parking charges

3.3 Clause 5(4) of the Bylaw currently provides that the Council may by resolution:

3.1.1 Prescribe the fees payable for parking in a restricted parking area; and

3.1.2 Prescribe the means by which parking fees may be paid including, by the use of parking meters, pay and display machines, parking coupons, attendant issued tickets, or otherwise.

3.4 While the reference to “or otherwise” indicates that other payment methods may be used when compared to the ones listed, it would be desirable to make it absolutely clear that the Council may choose to use other types of payment methods. This requires small changes to clause 5(4)(b) and clause 6(2) of the Bylaw.

Shared paths

3.5 A shared path is 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:

3.5.1 Cyclists;

3.5.2 Pedestrians;

3.5.3 Riders of mobility devices;

3.5.4 Riders of wheeled recreational devices.

3.6 There are a number of shared paths in the city and it would be desirable to set out in the Bylaw how shared paths are authorised. That is that the Council may, by resolution, determine the length, route and/or location of a shared path; and determine priority for users on a shared path that may be used by some or all of the following persons at the same time:

3.6.1 Cyclists;

3.6.2 Pedestrians;

3.6.3 Riders of mobility devices;

3.6.4 Riders of wheeled recreational devices.

3.7 The Land Transport (Road User) Rule 2004 sets out the responsibilities of users of shared paths once these have been created.

3.8 The Council’s Bylaw provides for the creation of special vehicle lanes by way of resolution. Special vehicle lanes include cycle lanes. Consequently a large number of cycle lanes are situated across the city. These are distinguishable from shared paths.

3.9 Section 332 of the Local Government Act 1974 also provides for the creation of cycle tracks on any road, and allows bylaws regulating and controlling the use of those cycle tracks. However, the Bylaw is currently silent on the creation of shared paths and shared zones.

Shared zones

3.10 A shared zone is a length of roadway intended to be used by pedestrians and vehicles. The AAC provides for shared zones. However, it is not clear as to the way in which these shared zones are created. Again, it would be desirable to set out in the Bylaw how shared zones are authorised. That is that the Council would by resolution specify any road or part of a road to be a shared zone. 37 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6 Cont’d

3.11 The Land Transport (Road User) Rule 2004 provides that a driver of a vehicle entering or proceeding along a shared zone must give way to a pedestrian who is in the shared zone. The Rule also provides that a pedestrian in a shared zone must not unduly impede the passage of any vehicle in the shared zone.

4. COMMENT

4.1 With respect to the change to the methods of payment for parking fees, recently, there have been a number of technological developments in the parking industry whereby motorists are able to use pay by phone applications on mobile phones and the like. The advice of the Legal Services Unit is that it would be desirable to make some small changes to the wording of clauses 5(4) and 6(2) of the Bylaw to make it clear that the Council may authorise new methods of payment for parking fees.

4.2 There is reference to shared paths and shared zones in the Land Transport (Road User) Rule 2004 and the Land Transport Rule: Traffic Control Devices Rule 2004 but the legislation is not clear as to how a Council authorises the creation of these paths and zones. They are not necessarily cycle tracks or traffic lanes or footpaths.

4.3 The advice of the Legal Services Unit is that the most robust way to authorise the creation of these paths and zones is for the Council to authorise them under the Council’s Traffic and Parking Bylaw. This requires an amendment to the Bylaw to provide for these paths and zones. It is noted that the Auckland Transport Traffic Bylaw 2012 provides for cycle paths and shared zones. The Hamilton City Traffic Bylaw 2012 provides for shared zones.

4.4 Under section 22AB(1) of the Land Transport Act 1998, the Council as a road controlling authority may make any bylaw that it thinks fit for one or more of the following purposes:

“(h) prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track:

… (o) prescribing the use of parking places and transport stations, which includes (but is not limited to)— …

(vi) prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws: …

(zk) regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.”

4.5 Section 22AB(2) provides that a bylaw made under subsection (1) may apply—

(a) to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:

(b) to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:

6 Cont’d

4.6 Section 22AB(3) provides that a bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case. Section 13 of the Bylaws Act 1910 also contains a similar provision. However, the Council must be careful to ensure that any discretion left to the Council is not so great that it might be considered unreasonable (which could make the bylaw, or part of it, invalid).

4.7 Section 22AB(4) provides that a copy of every bylaw made under this section by a road controlling authority must, within one week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC.

4.8 Section 22AD states that a road controlling authority that is a local authority may not make a bylaw under section 22AB unless it has used the special consultative procedure set out in section 83 of the Local Government Act 2002. Section 22AE sets out the requirements for publication of the bylaw once it has been made.

4.9 While the Land Transport Act 1998 requires the Council to use the special consultative procedure to make the bylaw, the Land Transport Act is silent as to whether the requirements of sections 86 and 155 of the Local Government Act 2002 apply. Section 86 sets out how the special consultative procedure is to be used when making a bylaw under the Local Government Act. Section 155 requires local authorities to determine that any proposed Bylaw:

4.9.1 Is the most appropriate way of addressing the perceived problems;

4.9.2 Is in an appropriate form;

4.9.3 Is not inconsistent with the New Zealand Bill of Rights Act 1990 ("NZBORA").

4.10 Because it is not clear whether sections 86 and 155 apply, the advice of the Legal Services Unit is to comply with the requirements of these provisions. The section 155 analysis is set out below.

What is the perceived problem?

4.10.1 There are two perceived problems. First, there is a concern that the current bylaw is too narrow in its treatment of different payment methods for parking fees. The second perceived problem is the lack of clear authority to create a shared path or a shared zone. Shared paths and shared zones are referred to in rules made under the Land Transport Act 1998. Therefore, the Government clearly anticipates that the road controlling authorities can introduce such paths and zones. However, the rules and primary legislation are silent as to the specific manner in which these paths and zones are created.

4.10.2 Generally speaking, a road controlling authority (i.e. the Council) regulates matters on its roads through the use of a bylaw. The Council’s bylaw-making powers are wide enough to provide for different payment methods for parking fees and for the authorisation of shared zones and shared paths. The approach of other local authorities is to provide for the creation of shared zones and shared paths in their bylaws by way of Council resolution.

Is amending the Traffic and Parking Bylaw the most appropriate way of addressing the problem?

4.10.3 It is considered that there are two reasonably practicable options for addressing these problems. Option 1 is amending the Bylaw to provide for a broader clause in relation to payment methods for parking charges and to allow the Council to specify by way of resolution the shared zones and shared paths that apply in the City. 39 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6 Cont’d

4.10.4 Option 2 is keeping the status quo and, leaving these matters unclear (particularly as to how the Council formally authorises these paths and zones).

4.10.5 It is considered that Option 1 is the most appropriate way of addressing the perceived problems. By amending the Bylaw, it will provide more clarity as to the breadth of the payment options that may be authorised and allow the Council to specify shared zones and spared paths by way of resolution. It will regularise the procedure in relation to shared zones and shared paths.

4.10.6 In particular, if the Council wishes to make a resolution under new clause 14A or clause 14B, the Council will still need to comply with the decision-making provisions of Part 6 of the Local Government Act 2002. For example, under section 78, giving consideration to the views and preferences of persons likely to be affected by, or to have an interest in the matter.

Is the proposed bylaw drafted in the most appropriate form?

4.10.7 Subject to any considerations arising from the special consultative procedure, it is considered that the proposed Amendment Bylaw is drafted in the most appropriate form.

4.10.8 Once the Amendment Bylaw comes into force, it will make the changes set out below to the Bylaw.

4.10.9 Two new definitions are added into clause 4 of the Bylaw.

4.10.10 Clause 5(4) is amended by replacing paragraph (b) with a paragraph worded in much wider terms. Clause 6(2) is amended to make it clear that parking receipts only need to be displayed if they are provided in paper form and the instructions on the receipt require display.

4.10.11 New clause 14A provides that the Council may by resolution specify any road or part of a road to be a shared zone.

4.10.12 New clause 14B provides that the Council may by resolution, determine the length, route and/or location of a shared path; and determine priority for users on a shared path that may be used by some or all of the following persons at the same time:

(a) Pedestrians;

(b) Cyclists;

(d) Riders of wheeled recreational devices.

Are there any New Zealand Bill of Rights Act 1990 implications?

4.10.13 The only provision of the NZBORA which has a bearing on the proposed Amendment Bylaw is section 18, which provides that everyone lawfully in New Zealand has the right to freedom of movement.

4.10.14 New clauses 14A and 14B will be a limitation on this right. However, according to section 5 of the NZBORA, the rights and freedoms contained in the Bill of Rights may be subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. It is considered that given section 22AB of the Land Transport Act 1998 authorises bylaws of this kind, the limits in clauses 14A and 14B on freedom of movement are reasonable and can be demonstrably justified in a free and democratic society. 40 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6 Cont’d

4.10.15 Therefore, the proposed Amendment Bylaw is not considered to be inconsistent with the NZBORA.

Conclusion

4.10.16 Taking all of the above matters into account, it is desirable to proceed with making the Amendment Bylaw.

4.11 In addition to the other statutory requirements, the law generally requires that any bylaw must be intra vires (in other words within the statutory powers that authorise the bylaw), certain, not repugnant to the general laws of New Zealand, and reasonable. There is a considerable body of case law on what constitutes reasonableness in the bylaw context. The Courts have noted that in ascertaining the reasonableness or unreasonableness of a bylaw, they will look to the surrounding facts, including the nature and condition of the locality in which it is to take effect, the problem it seeks to solve or proposes to remedy and whether public or private rights are unnecessarily or unjustly invaded.

4.12 In terms of the other general requirements that apply to bylaws, the proposed Amendment Bylaw is considered to be:

4.12.1 Intra vires (in other words within the statutory powers that authorise the bylaw). It is authorised by section 22AB; and

4.12.2 Certain (in that it is clear what the Council may do with respect to authorised payment methods for parking fees, shared zones and shared paths); and

4.12.3 Not repugnant to the general laws of New Zealand; and

4.12.4 Reasonable. It is acknowledged that the payment methods specifies a broad range of payment methods but that the Council will be able to determine which method to use. New clauses 14A and 14B will grant the Council a discretion to determine by resolution shared paths and shared zones. However, these discretions are not considered to be so great as to be unreasonable. To a large extent they are operational matters and, as the Council has done with other operational matters in the Bylaw, these have been left to the Council to determine by resolution at a later stage when appropriate. The Council will still need to comply with the decision-making requirements of the Local Government Act 2002 in resolving matters under these clauses.

5. FINANCIAL IMPLICATIONS

5.1 The cost of public notices and general communications related to the special consultative procedure and the proposed new Bylaw will be funded from existing Transport and Greenspace Operational budgets. Costs will be reduced by conducting the consultative procedure in conjunction with other bylaw amendments.

6. STAFF RECOMMENDATION

That the Committee recommend that the Council, in relation to the proposed Christchurch City Council Traffic and Parking Amendment Bylaw 2014:

6.1 Resolve that the proposed Christchurch City Council Traffic and Parking Amendment Bylaw 2014 meets the requirements of section 155 of the Local Government Act 2002, in that:

6.1.1 The Council determines an amendment bylaw is the most appropriate way of addressing the perceived problems; and

6.1.2 The Council determines the proposed amendment bylaw (subject to the outcome of the special consultative procedure) is the most appropriate form of bylaw; and 41 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

6 Cont’d

6.1.3 The Council determines the proposed amendment bylaw gives rise to some implications under the New Zealand Bill of Rights Act 1990 but that the proposed amendment bylaw is not inconsistent with that Act.

6.2 Resolve that it commence the special consultative procedure in order to adopt the Christchurch City Council Traffic and Parking Amendment Bylaw 2014.

6.3 Resolve that the attached Statement of Proposal (which includes the proposed Bylaw) and Summary of Information be adopted for consultation.

6.4 Resolve that public notice of the consultation be given in The Press and Christchurch Star newspapers and on the Council’s website at the start of the consultation period, and that public notice of the proposal be given in community newspapers distributed in the Christchurch district area, as close as possible to the start of the consultation period; and

6.5 Resolve that the consultation documents be made available for public inspection at Council Service Centres, Council Libraries and on the Council’s website during the consultation period, and authorise staff to determine the specific persons and/or organisations to whom the Summary of Information will be distributed as a basis for general consultation; and

6.6 Resolve that the consultation period be from 21 July 2014 to 21 August 2014.

6.7 Resolve that a hearings panel be appointed to hear submissions, deliberate on those submissions and to report back to the Council on the final form of the Bylaw in September to October 2014.

6.8 That the Council note that the review of the Traffic and Parking Bylaw 2008 will be brought forward from the 2016/2017 year. 42 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 43 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 44 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 45 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 46 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 47 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 48 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 49 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 50 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 51 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 52 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 53 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 54 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 55 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 56 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 57 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 58 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 59 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 60 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 61 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 62 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 63 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 64 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 65 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 66 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 67 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 68 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 69 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 70 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 71 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 72 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 73 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 74 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 75 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 76 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 77 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 78 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 79 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 80 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 81 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 82 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 83 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 84 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 85 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 6 86 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 6 87

CHRISTCHURCH CITY COUNCIL

TRAFFIC AND PARKING BYLAW AMENDMENT BYLAW 2014

Pursuant to the Land Transport Act 1998, the Council makes this Bylaw.

1. SHORT TITLE

This Bylaw is the Christchurch City Council Traffic and Parking Amendment Bylaw 2014.

2. COMMENCEMENT

This Bylaw comes into force on [insert date].

3. PRINCIPAL BYLAW AMENDED

This Bylaw amends the Christchurch City Council Traffic and Parking Bylaw 2008, and is to be read as part of the Christchurch City Council Traffic and Parking Bylaw 2008.

4. CLAUSE 4 AMENDED

Clause 4(1) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by inserting the following definitions, in their appropriate alphabetical order:

‘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.

5. CLAUSE 5 AMENDED

Clause 5(4) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by replacing paragraph (b) with the following paragraph:

(b) prescribe the means by which parking fees may be paid, including, by the use of parking meters, pay and display machines, parking coupons, attendant or machine issued tickets, ‘pay by phone applications’ or other internet or mobile phone applications, or any other method of payment whatsoever.

6. CLAUSE 6 AMENDED

Clause 6(2) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by replacing subclause (2) with the following paragraph:

“(2) If a parking receipt is provided in paper form, the parking receipt must be displayed in accordance with the instructions printed on it (if any).”

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 6 88

7. CLAUSES 14A and 14B INSERTED

The Christchurch City Council Traffic and Parking Bylaw 2008 is amended by inserting the following two clauses immediately after clause 14:

14A. 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):

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

(3) The Council may by resolution subsequently amend or revoke any resolution made under subclause (1).

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

(5) No person may use a shared zone in a manner that contravenes a restriction made under this clause.

(6) This clause is subject to the Council erecting the prescribed signs.

[The following note is explanatory and is not part of the Bylaw: All resolutions made under this clause will be recorded in a register which is accessible on the Council's website or available from the Council's Service Centres.]

14B. 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 that may be used by some or all of the following persons at the same time-

(i) pedestrians:

(ii) cyclists:

(iii) riders of mobility devices:

(iv) riders of wheeled recreational devices.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 6 89 - 3 -

(2) The Council may by resolution subsequently amend or revoke any resolution made under subclause (1).

(3) No person may use a shared path in a manner that contravenes a restriction made under this clause.

(4) This clause is subject to the Council erecting the prescribed signs.

The initial resolution to make this bylaw was passed by the Christchurch City Council at a meeting of the Council held on [insert date] 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].

Trim: Proposed Christchurch City Council Traffic and Parking Amendment Bylaw 2014

90 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 91

STATEMENT OF PROPOSAL REGARDING THE PROPOSED TRAFFIC AND PARKING AMENDMENT BYLAW 2014

This statement is made for the purposes of section 22AD of the Land Transport Act 1998 and sections 83 and 86 of the Local Government Act 2002.

Nature of Proposal

This proposal relates to an amendment to the Christchurch City Council Traffic and Parking Bylaw 2008 (the bylaw). The amendment which is called the Christchurch City Council Traffic and Parking Amendment Bylaw 2014 (the amendment bylaw) proposes amending clause 4 of the bylaw by adding in two new definitions - ‘shared path’ and shared zone’. The amendment bylaw also proposes clarifying clauses 5 and 6 in relation to the payment methods for parking fees, and adding in two new clauses which will allow the Council to resolve that any road or part of a road be a shared zone, and to resolve the length, route and/or location of a shared path as well as the priority of users.

The proposed amendment bylaw is attached to this Statement of Proposal.

Reasons for this proposal

Section 22AD of the Land Transport Act 1998 requires the Council to use the special consultative procedure in section 83 of the Local Government Act 2002 when amending a bylaw made under the Land Transport Act 1998. The Council's bylaw is made under section 22AB of the Land Transport Act 1998.

Therefore, in order to amend the bylaw, the Council must use the special consultative procedure.

There are two main reasons for these proposed changes. First, the Council wants to provide more clarity as to the use of payment methods for the payment of parking fees. Secondly, the Council wants to provide clear authority for the creation of shared paths and shared zones. While the Land Transport (Road User) Rule 2004 and the Land Transport Rule: Traffic Control Devices 2004 provides various rules for the use of these paths and zones, they are silent as to the authority for creating these areas. It is desirable to regulate the creation of the paths and zones through the Council’s bylaw.

Background

Methods of payment for parking fees

Clause 5(4) of the bylaw currently provides that the Council may by resolution: (a) prescribe the fees payable for parking in a restricted parking are; and (b) prescribe the means by which parking fees may be paid including, by the use of parking meters, pay and display machines, parking coupons, attendant issued tickets, or otherwise.

While the reference to “or otherwise” indicates that other payment methods may be used when compared to the ones listed, it would be desirable to make it absolutely clear that the Council may choose to use other types of payment methods. This requires small changes to clause 5(4)(b) and clause 6(2) of the bylaw.

Shared paths

A shared path is 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: REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 92

There are a number of shared paths in the city and it would be desirable to set out in the bylaw how shared paths are authorised. That is that the Council may, by resolution, determine the length, route and/or location of a shared path; and determine priority for users on a shared path that may be used by some or all of the following persons at the same time- (a) pedestrians: (b) cyclists: (c) riders of mobility devices: (d) riders of wheeled recreational devices.

The Land Transport (Road User) Rule 2004 sets out the responsibilities of users of shared paths once these have been created.

Shared zones

A shared zone is a length of roadway intended to be used by pedestrians and vehicles. In An Accessible City, which is the Transport Chapter of the Christchurch Central Recovery Plan provides for shared zones. However, it is not clear as to the way in which these shared zones are created. Again, it would be desirable to set out in the bylaw how shared zones are authorised. That is that the Council may by resolution specify any road or part of a road to be a shared zone.

The Land Transport (Road User) Rule 2004 provides that a driver of a vehicle entering or proceeding along a shared zone must give way to a pedestrian who is in the shared zone. The Rule also provides that a pedestrian in a shared zone must not unduly impede the passage of any vehicle in the shared zone.

Proposed change

Once the amendment bylaw comes into force, it will make the changes set out below to the bylaw. (a) Insert two new definitions of ‘shared path’ and ‘shared zone’ in clause 4 of the bylaw; and (b) Replace clause 5(4)(b) with a provision that refers to a broader range of payment methods for parking fees; and (c) Replace clause 6(2) to make it clear it only applies to parking receipts in paper form; and (d) Insert new clause 14A which will provide that the Council may by resolution specify any road or part of a road to be a shared zone; and (e) Insert new clause 14B which will provide that the Council may by resolution determine the length, route and/or location of a shared path; and determine priority for users on a shared path that may be used by some or all of the following persons at the same time- (i) pedestrians: (ii cyclists: (iii) riders of mobility devices: (iv) riders of wheeled recreational devices.

Options analysis

As part of normal Council decision-making, various options need to be explored (section 77 of the Local Government Act 2002). In the analysis for this amendment bylaw, two options were considered:

These were  Option 1: Amending the bylaw to provide for a broader clause in relation to payment methods for parking fees and to allow the Council to specify by way of resolution the shared zones and shared paths that apply in the City. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 93

 Option 2: Keeping the status quo and, leaving these matters unclear (particularly as to how the Council formally authorises these paths and zones.)

The preferred option was option 1.

Report on section 155 analysis

In making or amending a bylaw, the Local Government Act 2002 requires the Council to go through an analysis in accordance with section 155. The section 155 analysis for the proposed amendment bylaw was carried out by answering the following questions: 1. What is the perceived problem? 2. Is amending the Traffic and Parking Bylaw the most appropriate way of addressing the problem? 3. Is the proposed bylaw drafted in the most appropriate form? 4. Are there any New Zealand Bill of Rights Act 1990 implications? 5. Conclusion.

The following is a summary of the section 155 analysis for the proposed amendment bylaw.

There are two perceived problems. First, there is a concern that the current bylaw is too narrow in its treatment of different payment methods for parking fees. The second perceived problem is the lack of clear authority to create a shared path or a shared zone. Shared paths and shared zones are referred to in rules made under the Land Transport Act 1998. Therefore, the Government clearly anticipates that the road controlling authorities can introduce such paths and zones. However, the rules and primary legislation are silent as to the specific manner in which these paths and zones are created.

Generally speaking, a road controlling authority (ie the Council) regulates matters on its roads through the use of a bylaw. The Council’s bylaw-making powers are wide enough to provide for different payment methods for parking fees and for the authorisation of shared zones and shared paths. The approach of other local authorities is to provide for the creation of shared zones and shared paths in their bylaws by way of Council resolution.

Two options were considered and option 1 (which is the proposed bylaw amendment) was identified as the most appropriate way of addressing the perceived problems.

If it is determined that a bylaw is the most appropriate way of addressing the perceived problem, the 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 1990. The Council has determined that the proposed amendment bylaw is the most appropriate tool for addressing the particular issues it covers, and that it is in the most appropriate form. The proposed amendment bylaw gives rise to some implications in relation to the New Zealand Bill of Rights Act 1990, however, it is not considered to be inconsistent with that Act.

Process and Indicative timetable To be confirmed  The Council adopted the proposed Bylaw for consultation 21 July 2014  Consultation commences in accordance with section 83 of the Local Government Act 2002 (the Special Consultative Procedure) 21 August 2014  Written submissions close. September to October 2014  The Hearings Panel hears the oral submissions  Consultation ends  The Hearings Panel deliberates on the submissions REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 94

September to October 2014  The Council considers the Hearings Panel's report and recommendations arising from consultation  The Council adopts the proposed bylaw To be confirmed  The new Bylaw comes into force

The Council has resolved on the matters in section 155 of the Local Government Act 2002 and has approved this statement of proposal and summary of information, which will be publicised. The Council has appointed a hearings panel to hear and consider any submissions.

A full copy of the report to Council on these matters is available on the Council’s website at www.ccc.govt.nz/HaveYourSay/ and can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Submissions on this proposal can be made either:

- through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

- via email to: [email protected]

- in writing to: Submissions on the proposed Traffic and Parking Amendment Bylaw 2014 Insert name of staff member who may be contacted Christchurch City Council PO Box 73014 Christchurch 8154.

Submissions on this proposal may be made to the Council between 21 July 2014 to 21 August 2014.

Any person who makes a submission will have the opportunity to be heard by the Christchurch City Council Hearings Panel.

The Local Government Act 2002 requires the Council to make all written submissions on this consultation available to the public, subject to the provisions of the Local Government Official Information and Meetings Act 1987. Anyone wishing to withhold any information of a private or personal nature from their submissions should first contact the Christchurch City Council Customer Support team on Ph 941 8999.

The Council will receive a report from the hearings panel, will consider the recommendations of the panel and make a final determination on the amendments to the bylaw.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 95

CHRISTCHURCH CITY COUNCIL

TRAFFIC AND PARKING BYLAW AMENDMENT BYLAW 2014

Pursuant to the Land Transport Act 1998, the Council makes this Bylaw.

1. SHORT TITLE

This Bylaw is the Christchurch City Council Traffic and Parking Amendment Bylaw 2014.

2. COMMENCEMENT

This Bylaw comes into force on [insert date].

3. PRINCIPAL BYLAW AMENDED

This Bylaw amends the Christchurch City Council Traffic and Parking Bylaw 2008, and is to be read as part of the Christchurch City Council Traffic and Parking Bylaw 2008.

4. CLAUSE 4 AMENDED

Clause 4(1) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by inserting the following definitions, in their appropriate alphabetical order:

‘SHARED ZONE’ means a length of roadway intended to be used by pedestrians and vehicles.

5. CLAUSE 5 AMENDED

Clause 5(4) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by replacing paragraph (b) with the following paragraph:

6. CLAUSE 6 AMENDED

Clause 6(2) of the Christchurch City Council Traffic and Parking Bylaw 2008 is amended by replacing subclause (2) with the following paragraph:

“(2) If a parking receipt is provided in paper form, the parking receipt must be displayed in accordance with the instructions printed on it (if any).”

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 96

7. CLAUSES 14A and 14B INSERTED

The Christchurch City Council Traffic and Parking Bylaw 2008 is amended by inserting the following two clauses immediately after clause 14:

14A. 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):

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

(3) The Council may by resolution subsequently amend or revoke any resolution made under subclause (1).

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

(5) No person may use a shared zone in a manner that contravenes a restriction made under this clause.

(6) This clause is subject to the Council erecting the prescribed signs.

14B. 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 that may be used by some or all of the following persons at the same time-

(i) pedestrians:

(ii) cyclists:

(iii) riders of mobility devices:

(iv) riders of wheeled recreational devices.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 6 97 - 7 -

(2) The Council may by resolution subsequently amend or revoke any resolution made under subclause (1).

(3) No person may use a shared path in a manner that contravenes a restriction made under this clause.

(4) This clause is subject to the Council erecting the prescribed signs.

Trim: SOP for Traffic Parking Bylaw Amendment 2014

98 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 4 TO CLAUSE 6 99

SUMMARY OF INFORMATION FOR THE STATEMENT OF PROPOSAL FOR THE PROPOSED CHRISTCHURCH CITY COUNCIL TRAFFIC AND PARKING AMENDMENT BYLAW 2014

This summary is made under section 89 of the Local Government Act 2002 and relates to the Statement of Proposal for the Proposed Christchurch City Council Traffic and Parking Amendment Bylaw 2014.

A full copy of the Statement of Proposal is available on the Council’s website at www.ccc.govt.nz/HaveYourSay/ and can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Nature of Proposal

This proposal relates to an amendment to the Christchurch City Council Traffic and Parking Bylaw 2008 (the bylaw). The amendment which is called the Christchurch City Council Traffic and Parking Amendment Bylaw 2014 (the amendment bylaw) proposes amending clause 4 of the Bylaw by adding in two new definitions - ‘shared path’ and shared zone’. The amendment bylaw also proposes clarifying clauses 5 and 6 in relation to the payment methods for parking fees, and adding in two new clauses which will allow the Council to resolve that any road or part of a road be a shared zone, and to resolve the length, route and/or location of a shared path as well as the priority of users.

Reasons for this proposal

Therefore, in order to amend the bylaw, the Council must use the special consultative procedure.

Proposed changes

Once the amendment bylaw comes into force, it will make the changes set out below to the bylaw.

(a) Insert two new definitions of ‘shared path’ and ‘shared zone’ in clause 4 of the bylaw; and (b) Replace clause 5(4)(b) with a provision that refers to a broader range of payment methods for parking fees; and (c) Replace clause 6(2) to make it clear it only applies to parking receipts in paper form; and (d) Insert new clause 14A which will provide that the Council may by resolution specify any road or part of a road to be a shared zone; and (e) Insert new clause 14B which will provide that the Council may by resolution determine the length, route and/or location of a shared path; and determine priority for users on a shared path that may be used by some or all of the following persons at the same time- REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 4 TO CLAUSE 6 100 - 2 -

(i) pedestrians: (ii cyclists: (iii) riders of mobility devices: (iv) riders of wheeled recreational devices.

Report on section 155 analysis

The following is a summary of the section 155 analysis for the proposed amendment bylaw.

Two options were considered and option 1 (which is the proposed bylaw amendment) was identified as the most appropriate way of addressing the perceived problems. It will allow the Council to specify shared zones and shared spaces by way of resolution.

Submissions

Submissions on this proposal can be made either:

- through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

- via email to: [email protected]

- in writing to: Submissions on the proposed Traffic and Parking Amendment Bylaw 2014 Insert name of Council staff member who can be contacted about this Christchurch City Council PO Box 73014 Christchurch 8154.

Submissions on this proposal may be made to the Council between 21 July 2014 to 21 August 2014.

It is envisaged that the Council's Hearings Panel will hear oral submissions on this Proposal during September to October 2014.

Trim: SOI for Traffic Parking Bylaw Amendment 2014 101 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7. PARKS AND RESERVES BYLAW 2008 REVIEW 2014

Contact Contact Details General Manager responsible: General Manager Strategy and Y Diane Campbell, ext. 8281 Planning Officer responsible: Strategic Policy Unit Manager Y Michelle Oosthuizen, ext. 8812 Author: Ruth Littlewood Y Ext. 5574

1. PURPOSE AND ORIGIN OF REPORT

1.1 On 30 January the Council:

1. Noted the ten-year programme of bylaw reviews.

2. Confirmed that the Council’s current programme is to review the Cruising, Parks and Reserves, Water related Services and Urban Fire Safety Bylaws during 2014.

The purpose of this report is:

1.1.1 To report on the staff review of the Christchurch City Council Parks and Reserves Bylaw 2008.

1.1.2 To seek the Committee’s recommendation to the Council that the Council adopt for consultation the proposed Christchurch City Council Parks and Reserves Bylaw 2014 and to revoke the Christchurch City Council Parks and Reserves Bylaw 2008.

2. EXECUTIVE SUMMARY

2.1 The review of the Christchurch City Council Parks and Reserves Bylaw 2008 (the current bylaw) is part of the Council’s ten-year ‘rolling’ programme of bylaw reviews. Council staff have prepared this recommending report following a staff review of the current bylaw.

2.2 In undertaking a review of the current bylaw, staff of the Strategic Policy Unit, have consulted Community Boards and sought input from the Asset and Network Planning and Park Operations teams, Legal Services and Monitoring and Enforcement units. All have provided extensive input into this bylaw review and the recommendations for changes to the current bylaw.

2.3 Following the initial consultation with units of the Council and the Community Boards, staff assessed the current bylaw, including a clause by clause analysis of current and a range of alternative provisions. They considered whether it would be preferable to retain the current bylaw, amend the bylaw or to make a new bylaw e.g. a draft Parks and Reserves Bylaw 2014. A summary of this staff analysis including the reasons for the staff recommendations for changes to the current bylaw are provided in the ‘Section 155 Report’ (Attachment 1).

2.4 The staff recommendations to the Committee include that Council adopt for consultation the Statement of Proposal including the draft Christchurch City Council Parks and Reserves Bylaw 2014 (Attachment 2).

102 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7 Cont’d

3. BACKGROUND

3.1 Parks and reserves are public places that require particular protection that is different from other public places. While the Council has a number of management plans which set the overall direction for the development and use of a park or reserve, these management plans cannot bind the public to act in accordance with those statements. It is important therefore that activities in all the Council’s parks and reserves are subject to reasonable limitations through a bylaw to protect the parks and reserves from damage and to protect the public’s legitimate use and enjoyment of these places. Many parks and green spaces under the Council’s control are not reserves under the Reserves Act 1977 and the bylaw controls are therefore particularly relevant for those areas not protected by provisions of the Reserves Act 1977. In addition a bylaw has a significant role in authorising the Council to carry out certain management activities e.g. the closure of reserves and the charging of fees for the use of reserves. 3.2 Following the 2008 review of the seven bylaws that then applied to parks and reserves within the Christchurch City territorial area, the Council adopted the Christchurch City Council Parks and Reserves Bylaw 2008 and this 2008 bylaw currently regulates people’s behaviour in parks and reserves. 3.3 Councils are required to periodically review all bylaws made under the Local Government Act 2002, and the review of the Christchurch City Council Parks and Reserves Bylaw 2008 (the 2008 bylaw) is part of the Council’s ongoing bylaw review programme. 3.4 In order to support the current review, staff have prepared a ‘Section 155 Report’ (Attachment 1) to this report. 3.5 Following a bylaw review, section 83 of the Local Government Act 2002 requires a Council to consult the public using the special consultative procedure. Therefore in order to revoke, retain, amend or to make a new bylaw, the Council must use the special consultation procedure.

4. COMMENT

Legal issues 4.1 Section 158 of the Local Government Act 2002 (the Act) provides for the review of bylaws. The first review must happen within five years of a bylaw being made and subsequently, within ten years of the date of any (previous) review. As the Council’s Parks and Reserves Bylaw 2008 replaced existing bylaws, the statutory deadline for the next review is 2018. The Council has however endorsed a ten year bylaw review programme which brings forward the review of this and other bylaws and avoids the problem of having a large number of reviews being undertaken simultaneously.

(a) is the most appropriate form of the bylaw; and

(b) gives rise to any implications under the New Zealand Bill of Rights Act 1990.

4.3 Following the review of a bylaw and the local authority’s ‘determinations’ as to whether or not to make a new bylaw or to amend or retain an existing bylaw unaltered, section 160 of the current Act then requires the local authority to prepare a statement of proposal and using the Special Consultative Procedure (SCP), to consult the public on this proposal. The following note is provided for information; the current s160 requirement for an SCP after every bylaw review will change if the Local Government Act Amendment Bill No. 3 is enacted as currently drafted. The bill permits local authorities to use other methods of community consultation following certain straightforward bylaw reviews e.g. where a council decides to retain a bylaw without any significant amendments. 103 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7 Cont’d

4.4 In addition to the specific statutory requirements above, the law requires that any bylaw must be an intra vires (within the statutory powers that authorise the bylaw), certain and reasonable. There is a considerable body of case law on ‘reasonableness’ in the bylaw context. The Courts have noted that in ascertaining the reasonableness of a bylaw, they will look to the surrounding facts, including the nature and condition of the locality in which it is to take effect, the problem it seeks to solve or proposes to remedy and whether public or private rights are unnecessarily or unjustly affected.

4.5 In considering what provisions to include in a bylaw for parks and reserves, an appropriate starting point is section 106 of the Reserves Act 1977 ‘bylaws ’and the Reserves (Model Bylaws) Notice 2004 and the bylaw making powers under the Local Government Act 2002. Where the specific provisions of s106 Reserves Act 1977 are considered insufficient for reserves under the Reserves Act 1977 Section 106(2A) of the Reserves Act 1977 allows for bylaws under the broader provision contained in the Local Government Act 2002. Section 146(b)(vi) of the Act provides bylaw-making powers for territorial authorities to manage and protect the land, structures or infrastructure of “reserves, recreation grounds, or other land under the control of the territorial authority:” In addition the general bylaw-making power for territorial authorities under Section 145 of the of the Local Government Act 2002 provide for the following purposes: (a) protecting the public from nuisance, (b) protecting, promoting, and maintaining public health and safety and (c) minimising the potential for offensive behaviour in public places.

Section 155 Report 4.6 Staff have prepared a report to assist the Council in making the determinations required by section 155 of the Act. (Attachment 1). This section 155 report (the Report) firstly identifies the perceived problems which a parks and reserves bylaw may address and includes a discussion as to whether a bylaw is the most appropriate way of addressing the perceived problems. A summary of bylaw options is provided in Table 1 to the Report; the two options that score highly in the options analysis of Table 1 are either an amendment bylaw or a new (replacement) bylaw. Staff conclude in paragraph 12 of the Report that the preferred option is to make a new bylaw. Having concluded that a bylaw is the appropriate solution to the perceived problems, the staff then carried out a detailed assessment as to the most appropriate form of the bylaw including a clause by clause analysis of the current bylaw clauses and potential amendments. Paragraphs 13-27 and Table 2 of the Report provides a summary of the staff analysis. The staff conclusions are (paragraph 28 of the Report ) that a new bylaw is appropriate and the proposed Parks and Reserves Bylaw 2014 is the most appropriate form of the bylaw.

Consultation undertaken so far 4.7 Staff have consulted extensively with staff involved in the management and planning for the Council’s parks and reserves and with staff of the Legal Services Unit to discuss suggested changes to the Bylaw. Staff have also consulted all the Community Boards and received their input and suggestions. As a result of the review, staff propose that the Committee recommend to Council that Council adopt for consultation the proposed Christchurch City Council Parks and Reserves Bylaw 2014 and following the special consultation procedure, revoke the current Bylaw.

Purpose of the new Parks and Reserves Bylaw 2014 4.8 The purpose of the new Parks and Reserves Bylaw 2014 is to provide for the orderly management of parks and reserves administered by or under the control of the Council for the benefit and enjoyment of all users of those parks and reserves.

Reasons for and summary of recommended changes 4.9 As discussed in paragraph 4.5 above, following the framework options analysis for the bylaw, staff completed a more detailed options analysis of the current bylaw clauses and potential amendments to the clauses. Four options were identified with respect to specific bylaw clauses, deleting the current provision e.g. because it is no longer necessary or appropriate, retaining the current provision unaltered, amending the current provision, or making a new provision. 104 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7 Cont’d 4.10 In considering which of the options is the most appropriate, the following questions were asked: does the clause address an identified problem or is it necessary for the efficient administration of parks and reserves, does it provide an appropriate level of control; is it consistent with other Council bylaws, is it specific and easy to interpret for the public and Council's officers and finally, is this provision enforceable? 4.11 Few of the recommended changes increase significantly the level of control Council has over activities and behaviour in parks; rather the predominant purpose of the changes is to make the bylaw easier to understand and use, for staff and other people involved in planning, management and activities on reserves, and for the general public/user of reserves. Making the bylaw clauses clear and easy to understand is important for their enforceability too given the limited resources available for undertaking enforcement activities. Currently the Park Rangers carry out almost all of Council’s activities in relation to ensuring compliance with the bylaw. They primarily provide bylaw education, advice, notices and the occasional verbal warning and rarely carry out more formal enforcement activities. While the legal advice is that both the current and proposed bylaw provisions are legally enforceable, the Council has not prosecuted any individuals under the current 2008 Bylaw or earlier versions of the parks and reserves bylaws.

4.12 As described above, the staff analysis does support changes to the current bylaw and the recommended changes are listed in paragraph 18 of the Section 155 report and in paragraph 4.13 below. The 2008 bylaw including recommended changes is appended (Attachment 3) to this report. Further analysis and discussion of the rationale for the more significant proposed amendments is provided in Table 2 to the Section 155 report. 4.13 Recommended amendments to the current bylaw: Clause 3; Purpose: New title, ‘Purpose’ replaces ‘Object’. Minor rewording to align with amended definition … “parks and reserves vested in administered by or under the control…” Clause 4; Interpretation: Amended definition of ‘Park or Reserve’; New definition of ‘Sign’. Amended definition of ‘Enforcement Officer’ to include police officer. Clause 5: ‘Access to reserves’ New clause title and simpler language. The current 2008 bylaw provisions relating to closure of reserves for organised events are shifted to clause 14 ‘Sporting and other organised events’ Clause 6: ‘Interference with reserves’. New clause title more accurately describe the nature of bylaw breaches under this clause. The new clause is more detailed and specific about activities than the current 2008 bylaw. New or expanded sub-clauses relate to the following: 6(1)(a) destruction damage etc of park assets, 6(1)(b) erection of structures, facilities etc, 6(1)(c) pollution of water, 6(1)(d) burial or scattering of human ashes, 6(1)(e)killing, injuring, etc of animals. The proposed clause 6 also includes new restricted activities under 6(2) requiring the prior (verbal) approval of a Council officer: 6(2)(c)taking fruit or nuts in a manner likely to damage a tree, 6(2)(d)digging holes in a reserve. New Clause 7; ‘Behaviour in reserves’: 7(a) prohibits a person from intentionally obstructing or interfering with another person’s use or enjoyment of a reserve. Clause 9; ‘Vehicles, vessels and mechanical devices’: 9(1) inclusion of ‘shared paths’ as places where vehicles are allowed; 9(2) provides for additional bylaw breaches for (a)blocking a reserve entrance and (b)parking in a reserve when not using the reserve. 9(3)New sub clause clarifies that the Council may make parking restrictions for parks and reserves under the Traffic and Parking Bylaw; 9(4)New sub clause prohibits the dumping of vehicles 9(6)Mechanical devices: addition of public address systems and amplified sound systems to the list of mechanical devices requiring approval. Clause 10; ‘Fires’: 10(3) New sub clause stating that approval under this bylaw does not over-ride other legal requirements e.g. the Council’s Urban Fire Safety Bylaw. Clause 12; ‘Tents, stalls, amusement devices’: 12.(1) adds ‘amusement devices’ and portable play devices e.g. ‘bouncy castles’ to the list of structures requiring approval 105 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7 Cont’d Clause 14; New title: ‘Sporting and other organised events’. The changes simplify and clarify provisions in the current 2008 Bylaw; 14(3) new sub clause providing for organised events including the payment of fees to Council for the use of a reserve; 14(4) provides for the exclusive use of a reserve (or part of a reserve) for an event and for the charging of entry fees. New Clause 18; ‘Exemptions’: Clause provides for exemptions from the bylaw for (a) contracted services,(b) emergency services or (c) approved activities under a management plan or RMA resource consent.

Conclusions

4.14 It is concluded that following the review of the Christchurch City Council Parks and Reserves Bylaw 2008 described above, that it would be appropriate for the Christchurch City Council to make a new bylaw, that a new bylaw would be consistent with the New Zealand Bill of Rights Act 1990 and that the draft Christchurch City Council Parks and Reserves Bylaw 2014 in the Statement of Proposal is in the most appropriate form, for notification.

5. FINANCIAL IMPLICATIONS

5.1 The cost of public notices and general communications related to the special consultative procedure and the proposed new Bylaw will be funded through the City and Community Long-term Planning and Policy Activity budget.

5.2 The implementation and enforcement of the proposed Christchurch City Council Parks and Reserves Bylaw 2014 comes within the operations budget for Parks and Open Spaces Activities in the Council’s Annual and Three Year Plan 2013-2016.

6. STAFF RECOMMENDATION

That the Committee recommend to the Council:

6.1 That the Council, in relation to the proposed Christchurch City Council Parks and Reserves Bylaw 2014:

(a) Receives the section 155 report on the current Parks and Reserves Bylaw 2008;

(b) Resolve that the proposed Christchurch City Council Parks and Reserves Bylaw 2014 meets the requirements of section 155 of the Local Government Act 2002, in that:

(i) A new bylaw is the most appropriate way of addressing the perceived problem; and

(ii) The proposed bylaw, subject to the outcome of the SCP, is the most appropriate form of bylaw; and

(iii) The proposed bylaw gives rise to some implications under the New Zealand Bill of Rights Act 1990 but that the proposed bylaw is not inconsistent with that Act;

(c) Resolve that the attached Statement of Proposal (which includes the proposed Bylaw) and Summary of Information be adopted for consultation; and

(d) Resolve that public notice of the consultation be given in The Press newspaper and on the Council’s website at the start of the consultation period, and that public notice of the proposal be given in community newspapers distributed in the Christchurch district area, as close as possible to the start of the consultation period; and 106 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

7 Cont’d

(e) Resolve that the consultation documents be made available for public inspection at Council Service Centres, Council Libraries and on the Council’s website during the consultation period, and authorise staff to determine the specific persons and/or organisations to whom the Summary of Information will be distributed as a basis for general consultation; and

(f) Resolve that the consultation period be from 14th July to 15th August 2014.

(g) Resolve that a hearings panel be appointed to hear submissions, deliberate on those submissions and to report back to the Council on the final form of the Bylaw in October 2014.

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Review of the Christchurch City Council Parks and Reserves Bylaw 2008 / Proposed Christchurch City Council Parks and Reserves Bylaw 2014

Section 155 Report Introduction 1. Currently the Christchurch City Council Parks and Reserves Bylaw 2008 regulates people’s behaviour in parks and reserves. 2. Under section 158 of the Local Government Act 2002 (the Act), the Council is required to review its bylaws at 5 and then 10 yearly intervals. The Christchurch City Council Parks and Reserves Bylaw 2008 is due for its 10 yearly review before 1 July 2018. The Council is undertaking this review now as part of a series of rolling bylaw reviews. 3. When the Council reviews a bylaw, section 160 of the Act requires the Council to review the bylaw by making the determinations required by section 155. 4. Under section 155, the three determinations are –

 whether or not a bylaw is the most appropriate way of addressing a perceived problem or issue; and  (if the Council decides that a bylaw is (still) appropriate), whether the bylaw is the most appropriate form of bylaw; and  whether or not the bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA).

5. The following analysis has been undertaken for the purposes of reviewing the Parks and Reserves Bylaw 2008, and in respect of the proposed new Christchurch City Council Parks and Reserves Bylaw 2014.

What are the perceived problems?

6. Generally, parks and reserves are public places that require particular protection that is different from other public places. The parks and reserves in the city constitute a wide variety of different public green spaces.

7. Prior to making the Christchurch City Council Parks and Reserves Bylaw 2008, the Council undertook a similar review of the various parks and reserves bylaws that were in force through the city at that time. During the course of that review, the Council identified various problems / issues that needed to be addressed, including -  Behavioural issues that result in vandalism to the Council's parks and reserves or cause a nuisance to other park users or create safety hazards. This covers a whole range of problems such as graffiti, damaging or disturbing plants and shrubs, interfering with the playing of sports and games which are authorised to be played on the Council's parks and reserves.  The presence of animals in parks and reserves (including certain reserves vested outside the City) which may cause damage to parks and reserves and cause a nuisance to other park users:  The use of vehicles and aircraft in parks and reserves which pose a safety hazard to other park users:  The laying up or wintering over of vessels on parks and reserves:  People starting fires in parks and reserves.

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8. For the purpose of this review, the Council has considered whether or not those problems still exist and whether there are any new issues that need to be addressed. New issues / problems that have been identified include –  Some of the provisions of the current bylaw are overly complex or unclear:  Some parks and reserves, and flora and fauna have been subject to damage so that the current protection seems to be inadequate:  There continues to be behavioural issues in parks and reserves, so again the current provisions regulating behaviour have proved to be inadequate.

Is a bylaw the most appropriate way of addressing the perceived problems?

9. The Council has a number of management plans which set the overall direction for the development and use of a park or reserve. However, these management plans cannot bind the public to act in accordance with those statements. It is important therefore that activities in all Council’s parks and reserves are subject to reasonable limitations through an appropriate mechanism to protect the parks and reserves from damage and to protect the public’s legitimate use and enjoyment of these places.

10. Many parks and green spaces under Council’s control are not reserves under the Reserves Act 1977 and the bylaw controls are therefore particularly relevant for those parks which do not fall under the protections provided by the Reserves Act 1977.

11. In undertaking this review, the Council has considered what are the best options for addressing the perceived problems. This requires the Council to consider whether or not a bylaw is the most appropriate way of addressing the perceived problems. The options considered are -  Status Quo – Retain the current bylaw;  Amend the current bylaw;  Replace the current bylaw with a new bylaw;  Revoke the current bylaw and not replace it.

12. Table 1 sets out a framework analysis of these options. The analysis suggests that the best approach is for the Council to replace the current bylaw with a new bylaw, i.e. the Parks and Reserves Bylaw 2014. This will also give the public an opportunity to make submissions on all provisions of the Bylaw, not just those provisions where a change is proposed.

What is the most appropriate form of bylaw?

13. The most appropriate form of bylaw is one that:  supports the Council’s Management Plans for parks and reserves;  does not duplicate or be inconsistent with other Christchurch City Council’s bylaws;  allows for exceptions and special circumstances;  protects the peaceful enjoyment of the parks and reserves;  protects the physical environment and the flora and fauna in the park or reserve;  is within the legal power of the Council to make bylaws under s106 of the Reserves Act 1977 and s145 and s146(b)(vi) of the Local Government Act 2002 and  is not inconsistent with the NZBORA.

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14. Staff have prepared a clause by clause analysis of the current provisions in the Parks and Reserves Bylaw 2008. The clause by clause analysis is set out in Table 2. In preparing this analysis, four options were identified with respect to specific bylaw clauses: deleting the current provision e.g. because it is no longer necessary or appropriate, retaining the current provision unaltered, amending the current provision, or making a new provision. In considering which of the options is the most appropriate, the following questions were asked:  does the clause address an identified problem or is it necessary for the efficient administration of parks and reserves:  does it provide an appropriate level of control:  is it consistent with other Council bylaws:  is it specific and easy to interpret for the public and Council's officers:  is this provision enforceable.

15. With respect to the current bylaw, the staff analysis finds that most provisions of the current bylaw remain fit for purpose with only minor and consequential changes. Such changes include new clause numbers, e.g. clause 8(2) to become clause 7(b), division of the bylaw into separate parts, updating the bylaw administration clauses e.g. savings and revocations and minor rewording of several subclauses e.g. to correct a grammatical error. The staff review concludes that the following clauses should be retained in their current form with only minor changes: Animals (clause 8), Camping (clause 11), Aircraft (clause 13), Botanic Gardens(clause 15), Rawhiti Golf Course (clause 16), Breaches of Bylaw(clause 17) and Permission under the Bylaw (clause 19). 16. However some clauses would benefit from more detailed provisions being inserted and some wording changes to clarify the provisions. 17. Staff, having considered the existing bylaw provisions, then considered options to either amend or to create new bylaw clauses/sub-clauses, taking as a starting point for consideration the model bylaw under the Reserves Act 1977. Several potential changes which were assessed are not included in the draft bylaw because they do not meet one or more of the criteria in paragraph 14. 18. A summary of the recommended changes is set out below. Proposed Changes: Clause 3: New title ‘Purpose’ Amend wording to read “parks and reserves administered by or under the control…”. Clause 4: Amended definition of ‘Enforcement Officer’ to include police officers; by (a) replacing “an officer” with “a person”… New “(c) includes any sworn member of the New Zealand Police acting in the course of his or her duty” Amended definition of ‘Park or Reserve’ This amended definition clarifies that the bylaw covers all parks, greenspace and foreshore areas under the control of the Council. New definition of ‘Sign’. This new definition is included for clarification purposes. Part 1 –Access to reserves Clause 5: ‘Access to reserves’ New clause title and simpler language. The current 2008 bylaw provisions relating to closure of reserves for organised events are shifted to clause 14 ‘Organised events’ Part 2- Restricted and prohibited activities Clause 6: ‘Interference with reserves’ New clause title- more accurately describe the nature of bylaw breaches under this Trim 14/567828 3 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 110

clause. The new clause is more detailed and specific about activities than the current 2008 bylaw. New or expanded sub-clauses relate to the following: 6(1)(a) destruction damage etc of park assets, 6(1)(b) erection of structures, facilities etc, 6(1)(c) pollution of water, 6(1)(d) burial or scattering of human ashes 6(1)(e)killing, injuring, etc of animals , Any of the above activities require the prior written approval of Council. The proposed clause 6 also includes new restricted activities under 6(2) requiring the prior (verbal) approval of a Council officer: 6(2)(c)taking fruit or nuts in a manner likely to damage a tree 6(2)(d)digging holes in a reserve. New Clause 7: ‘Behaviour in reserves’. 7(a) prohibits a person from intentionally obstructing or interfering with another person’s use or enjoyment of a reserve. Clause 9 ‘Vehicles, vessels and mechanical devices’: 9(1) inclusion of ‘shared paths’ as places where vehicles are allowed, 9(2) provides for additional bylaw breaches for - (a)blocking a reserve entrance and (b)parking in a reserve when not using the reserve. 9(3)New sub clause –Council may make parking restrictions for parks and reserves under the Traffic and Parking Bylaw 9(4)New sub clause prohibits the dumping of vehicles 9(6)Mechanical devices: addition of public address systems and amplified sound systems to the list of mechanical devices requiring approval Clause 10 ‘Fires’ 10(3) New sub clause stating that approval under this bylaw does not over-ride other legal requirements e.g. the Council’s Urban Fire Safety Bylaw. Clause 12 ‘Tents, stalls, amusement devices’ 12.(1) adds ‘amusement devices’ and (such as ‘bouncy castles’) to the list of structures requiring approval Clause 14 New title-‘Sporting and other organised events’. The changes below simplify and clarify provisions in the current 2008 Bylaw 14(3) new sub clause providing for organised events including the payment of fees to Council for the use of a reserve 14(4) provides for the exclusive use of a reserve (or part of a reserve) for an event and for the charging of entry fees Part 5 -Other matters Clause 18 ‘Exemptions’ New Clause provides for exemptions from the bylaw for (a) contracted services,(b) emergency services or (c) approved activities under a management plan or RMA resource consent.

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19. It is considered that a new bylaw that incorporates the changes identified above (and subject to the consideration of any submissions that may be received during the special consultative procedure) the Parks and Reserves Bylaw 214 is the most appropriate form of bylaw.

Are there any NZBORA implications? 20. In reviewing the current bylaw and proposing a new replacement bylaw, the Council is required to consider whether or not the bylaw gives rise to any implications under the NZBORA. Section 155(3) of the Act states that no bylaw may be made which is inconsistent with the NZBORA. 21. The NZBORA specifically identifies four types of rights, these are:  Life and security of the person;  democratic and civil rights;  non-discrimination and minority rights;  search, arrest and detention. 22. However, the NZBORA also provides that “the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” In other words, it is clear that rights are not absolute. Individual freedoms are necessarily limited by membership of society and by the rights of others and the interests of the community. 23. The current 2008 bylaw and the proposed Parks and Reserves Bylaw 2014 restrict the activities of people within parks and reserves in Christchurch City. This has implications for democratic and civil rights, and in particular, freedom of expression, freedom of peaceful assembly, and freedom of movement. 24. Freedom of expression - the draft bylaw restricts the public from altering/modifying reserves or reserve property in various ways, which could be interpreted as restrictions on freedom of expression. However it is possible to seek approval to make or carry out alterations/modifications in a reserve if approved by a Council officer. An example of this limit in the proposed bylaw is the restriction on the burying or spreading ashes. However, this limit is considered to be demonstrably justified in a free and democratic society. When balanced with the harm that an accumulation of ashes may cause to the vegetation, together with the social and cultural issues, a limit on the burying or scattering of ashes is not considered to be unreasonable. 25. Freedom of peaceful assembly – the proposed bylaw limits organised events by requiring people to get approval for these events. This may in effect restrict some gatherings from occurring because the area of the reserve is already ‘booked’ by another group. This limitation is required to manage the allocation of space within popular reserves and to limit the potential damage that large unplanned for events may do to reserves. It is also to designed to limit the monopolisation of reserves by one group to the exclusion of others. This restriction can be overcome through an approval process, and many reserves are available for hire by prior arrangement. Again, these limits are considered to be demonstrably justified in a free and democratic society. 26. Freedom of movement – the draft bylaw places some restrictions on the public's access to reserves. This access is restricted due to the circumstances, such as repairing lawns, organised events, dangerous areas that require excluding the public for their safety or in exercising the administrating bodies powers under the Reserves Act 1977 to close a reserve. These limits apply to the public generally, are reasonable and are considered to be demonstrably justified in a free and democratic society. 27. Therefore, while the current proposed Parks and Reserves Bylaw 2014 gives rise to implications under the NZBORA, it is not considered to be inconsistent with the NZBORA.

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Conclusion 28. Having reviewed the Parks and Reserves Bylaw 2008, in terms of section 155 of the Act,-  The proposed Parks and Reserves Bylaw 2014 is determined to be the most appropriate way of addressing the perceived problems; and  The proposed Parks and Reserves Bylaw 2014 is considered to be the most appropriate form of Bylaw; and  The proposed Parks and Reserves Bylaw 2014 gives rise to implications under the NZBORA but is not considered to be inconsistent with the NZBORA.

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Table 1: Bylaw options analysis summary

Objective Option 1 Option 2 Option 3 Option 4

Status Quo – Retain the current Amend the current bylaw Replace the current Bylaw Revoke the current Bylaw and bylaw with a new Bylaw not replace it

Support the Council’s Low – The current bylaw relies on High – The current bylaw High – A new bylaw that Low –The regulatory options Parks and Reserves other instruments (e.g. Reserves could be amended to provide replaced the current bylaw would not support the Management Plans by Act) to regulate certain a consistent bylaw regime for could provide a consistent management plans and be providing a consistent behaviours in reserves. This can all parks and reserves which bylaw regime and fully limited to those contained in bylaw regime for all lead to a variable levels of legal would support the reserve support the reserve other bylaws or legislation. parks and reserves. protection (e.g. for fauna) on Management Plans Management Plans. similar and even adjoining areas of green space depending on whether they are held under the Reserves Act or not. This is inconsistent with the intent of Council’s management planning for parks and reserves.

Should be consistent High – The current Part is High High High with other bylaws and consistent with the rest of the the legislative bylaws. framework.

Should be accessible Low-Medium The current Bylaw High The current bylaw High – A new bylaw would Low – This option will rely on and easy to interpret contains several provisions provisions could be amended include provisions which are Council's officers knowing and for the public and including the definition of to be clearer and easier to clearer and easier to interpret applying a range of legal Council's officers. ‘Reserve’ which are open to interpret. . instruments. varying interpretations and may therefore be uncertain in their effect.

It should be Low-Given that there is some Medium –The current bylaw High –In making a new bylaw Low – Enforcement officers enforceable. uncertainty as to as to the could be amended with the the entire bylaw is tested could rely on the Reserves Act coverage of the bylaw over some ambiguous provisions through the special and other enactments to limit areas of green space under the replaced so that the bylaw is consultation process. This behaviour but these options control of the Council . easier to enforce. will increase confidence in the would need to exist in statute or bylaw and its enforceability other bylaws and may not provide appropriately for enforcement. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 114 Table 2 : Clause by clause analysis of proposed changes .

New clause number/topic Summary discussion of problem or issue Recommendation Clause 3 The perceived issue with this clause relates to its language specifically the Amend to read “Purpose” and ..parks use of “Object” rather than the more commonly used and understood and reserves administered by or under word ‘purpose’ and the use of ‘vested in’ rather than ‘administered by’. the control of” Clause 4 Definition of Enforcement Officer. The current definition is considered to Amend definition of ‘Enforcement Interpretation be too narrow and does not permit the Police to enforce the bylaw unless Officer’ to include police officers; by (a)

specifically authorised. Including police officers within the definition of replacing “an officer” with “a person”… enforcement officers would enable better bylaw enforcement and prevent New “(c) includes any sworn member of unnecessary delays, for example the police could instruct illegal campers the New Zealand Police acting in the on reserves to remove their tents without waiting for a Council officer to course of his or her duty” arrive. Amend the definition of park and Definition of ‘Park or Reserve’. The current bylaw definition is considered reserve so that it refers to all parks, to provide insufficient clarity as to whether bylaw applies to the foreshore greenspace and foreshore areas over and to other green spaces under the Council’s control. Since 2008 the which the Council has control under the scope of bylaw controls with respect to the foreshore has been clarified by Reserves Act 1977, Local Government the Marine and Coastal Area (Takutai Moana) Act 2011; this 2011 Act Act 2002 and Marine and Coastal Area provides for bylaw ‘enactments’ to apply to the foreshore. (Takutai Moana) Act 2011 .

Add definition: Sign includes a notice, New definition of ‘Sign’. Providing a definition of sign is considered to add label, inscription, billboard, plaque or clarity and make the bylaw restrictions for signs easier to understand. placard. Part 1- Access to reserves Amendment: The perceived problem with the 2008 bylaw clause 5 ‘Reserves open to Amend 5(1) to read: Clause 5 the public’ is that it is overly complex. While most of the clause relates to A reserve will be open to the public at the closure of reserves the clause also 5(1)(b) obliquely provides for the all times, except- setting of fees for the use of reserves. (a)… The proposed amendments simplify Clause 5 and shift the ‘payment of (b)… fees’ provision to new clause 14 ‘Organised events’. (c) or when the Council…has temporarily set aside the …reserve for the exclusive use of an organised event in terms of Clause 14 of this bylaw Part 2-Prohibited and All activities under 6 (1) require the prior restricted activities written approval of Council Amend 6 (1) (a) to read: Amendment: The current bylaw under 6 (1) (a) states, “No person may… disturb any No person may in any reserve without thing in a reserve” 6(1)(a) destruction the prior written permission of the damage etc of park assets, The perceived problem with the above clause is that the wording of the Council, REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 115 clause appears to capture any sort of ‘disturbance’ of a reserve however remove, destroy, damage, deface small and therefore the clause doesn’t distinguish between ‘disturbances’ or interfere with any thing in a to a reserve which are significant and require Council’s prior approval and reserve or any part of anything in those which are trivial. Overall the above clause is assessed as lacking or enclosing a reserve; including clarity and difficult for a general user (e.g. reserve committee member) to any: understand/interpret. (i) structure or building; (ii) sign; The suggested new sub clause 6(1)(a) is much more specific about the (iii)path, track, lawn, step, gravel, nature of the activities which are a breach if the bylaw (if carried out sand, soil or border without approval). A potential disadvantage of the wording of the new sub (iv)tree, shrub, or plant of any clause is that by listing specific breaches, certain damaging activities are kind including hedges, flowers or not covered by the bylaw. However this disadvantage is considered to be flowerbeds; outweighed by the positive benefits of making the bylaw clause clearer (v)area prepared for any sport or and easier to understand for the general user. game

Amend clause 6(1) to read Amendment: The problem is that people have carried out construction activities without No person may … approval in parks including making tracks, building huts, constructing bike 6(1)(b) erection of (b) erect, construct, make, bolt, jumps etc. These activities can cause problems because the facilities are structures, facilities fix or place any structure, substandard and /or because they are in conflict with the Council’s etc, path or track, climbing aid, management plan or policies for the park. The proposed new clause recreational or play makes it clear that prior written approval is required for any such equipment, or sign. construction.

The current 2008 bylaw under 6 (1) (d) states, “No person may… drill, bolt, or place any fixture, plaque or sign in a reserve”

As with current 6 (1) (a) discussed above, the 2008 bylaw clause 6(1)(d) is assessed as difficult for a general user (e.g. reserve committee members) to understand and interpret. The proposed 6(1)(b) addresses this issue by providing a more detailed and specific list of bylaw breaches.

New sub clause 6(1)(c): In the past there have a number of incidents of people polluting natural or Amend clause 6(1) to read ornamental waters in reserves e.g. by putting soap bubbles in fountains. No person may … pollution of water, Minor pollution incidents, even when they affect natural waters, are (c) pollute or render unfit for unlikely to be ‘caught’ by the rules of any regional water plan while the purpose any water pollution of ornamental waters is not covered at all by the Resource Management Act 1991.

The addition of the proposed sub clause is supported because currently, even if Council has good evidence of the activity including knowing the identity of the ‘offender’ no enforcement action can be carried out under the bylaw.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 116 The inappropriate burial or scattering of human ashes in reserves can Amend clause 6(1) to read New sub clause 6(1)(d): have significantly adverse cultural and other effects. For example staff, or No person may … burial or scattering of volunteers may find buried or scattered ashes while carrying out the d) bury or scatter the ashes of a human ashes maintenance of flower beds. Such a find may be culturally offensive to the deceased person

person who finds the ashes and/or raise health and safety concerns. In addition the burial or scattering of ashes can cause environmental damage e.g. to rose beds which are a common location chosen for the unauthorised disposal of ashes.

While the current bylaw includes under 6 (1) (a), “No person may… bury any thing in a reserve”, the clause does not cover the scattering of ashes, nor directly address the wider concerns around the inappropriate disposal of human remains. The new sub clause would allow the disposal of ashes only with prior written approval of the Council.

New sub clause 6(1)(e): There is currently under no protection for exotic animals on the Council’s Amend clause 6(1) to read killing, injuring, etc of parks and ‘greenspace’ areas. The Wildlife Act 1953 protects native No person may …(e) kill, injure, take, animals animals only and s94(1) of the Reserves Act 1977 which protects both interfere with or cause distress to any native and exotic animals only applies to land which is a reserve under the animal, stock or wildlife, bird’s nest, or

Reserves Act. bird’s egg, or attempt to do so; This proposed sub clause provides a consistent level of protection for all animals including stock, on parks, greenspace areas and reserves. All activities under 6 (2) require the prior (verbal) approval of Council

New sub clause 6(2)(c): ‘Urban foragers’ have damaged trees when picking fruit or nuts- a Include new sub clause 6(2)(c): taking fruit or nuts in a particular problem for some walnut trees. It is considered preferable to No person may…take or attempt to take manner likely to damage a clarify the restrictions under the bylaw by specifically addressing this fruit or nuts from any tree or plant in a tree concern rather than to rely on the very general prohibition of the current manner that damages or is likely to 2008 Bylaw clause 6 (1)(a) for the reasons outlined above. damage the tree or plant

The unauthorised digging of holes e.g. by people metal detecting in Include in 6(2) (d) New sub clause 6(2)(d): reserves, is a relatively frequent occurrence. Such activities can damage No person may… digging holes in a reserve. turf and plants. It is considered preferable to clarify the restrictions under dig any hole, the bylaw by specifically addressing this concern rather than to rely on the very general clause of the current 2008 Bylaw clause 6 (1)(a) for the reasons outlined above. People on occasion (want to) bury the body or bury or scatter the ashes of Include in 6(2) (d) New sub clause 6(2)(d): pets in reserves. While the disposal of animal remains does not give rise No person may… burial of animals or ashes to the same level of cultural concern as for human ashes, the unauthorised … bury any thing including any of animals disposal of animal remains may still create health and safety and animal or ashes of any animal environmental issues. It is considered preferable to clarify the restrictions under the bylaw by specifically addressing this concern rather than to rely on the very general prohibition of the current 2008 Bylaw clause 6 (1)(a) REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 117 for the reasons outlined above.

A perceived issue with the 2008 bylaw, is that the bylaw provides no Include 7 (a) New Clause 7: ‘Behaviour regulation of nuisance behaviours –such as intentional interference with A person in a reserve must not: in reserves’. other people’s use or enjoyment of a reserve. Instead the bylaw relies on 7(a) prohibits a person Police enforcement of ‘other legislation’ such as the Summary Offences (a) intentionally obstruct, disturb, or from intentionally Act 1981 or the Crimes Act 1961. interfere with any other person’s obstructing or interfering use or enjoyment of a reserve; with another person’s use The difficulty with the current approach is that many nuisance activities or enjoyment of a reserve are not offences under other legislation. For example, ‘nuisance’ behaviours such as obstructing a walkway, monopolising a barbecue area, hitting a golf ball, or noisy interference with another group’s pre-booked event are neither covered by the bylaw nor are they matters for the Police to deal with e.g. under the Summary Offences Act 1981. The absence of a clause addressing these sorts of misbehaviour in a reserve means that Council’s enforcement staff have a limited range of tools to deal with such problems. Currently staff seek to address these problems, using their moral authority, persuasion and education or bluff but they are not always successful. Further, where the misbehaviour warrants more formal enforcement actions e.g. written warning or trespass notice, staff cannot refer to any bylaw breach to support such enforcement action.

While a misbehaviour clause is perceived to have positive advantages there are also potential disadvantages. Such a new provision may raise community expectations with regard to the enforcement of the bylaw which the Council is unable to fulfil. Also park users who are in dispute with other users may turn to Council to sort out their essentially private disputes. Finally a misbehaviour clause may be used by those opposed to certain approved activities in reserves. This final concern is addressed by proposed clause 18 ‘Exemptions’ clause; which provides that the bylaw does not apply to anyone who acts in accordance with an operative management plan or a resource consent.

Overall, this evaluation is that the positive advantages of a misbehaviour bylaw clause outweigh the potential negative impacts described above particularly as such a clause in generally supported by the community boards. A ‘misbehaviour’ clause would provide the Council’s staff with authorisation under the bylaw for their current activities and strengthen the Council’s position should a legal action be considered necessary to address such misbehaviour. During this review of he 2008 bylaw staff identified that the current bylaw Include ‘shared paths’ after parking Amendment: unnecessarily restricts the riding of bicycles (included in the definition of areas in clause 9(1) inclusion of ‘shared vehicles) to driveways, parking areas or cycle tracks only. This proposed REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 118 paths’ as places where amendment to the Parks and Reserves Bylaw (together with consequential vehicles are allowed, amendments to Council’s Traffic and parking Bylaw) provides both for the existing shared paths within reserves and for future shared facilities.

Amendments:9(2) Amendment: 9(2) to read 9(2) (a) The proposed amendment for vehicles blocking entrances, paths additional bylaw breaches No person may without the etc allows Park Rangers to deal with such situations promptly rather than for - permission of an Authorised wait for a constable or enforcement officer warranted under the Traffic and Officer… (a)blocking a reserve Parking bylaw. (a)stop or leave any vehicle so that entrance, path etc and the vehicle obstructs an entrance to, or path or track in, the reserve; or

9(2)(b) Following the 2011 earthquakes and the shift in the location of Amendment: 9(2) to read No (b)parking in a reserve many businesses, commuters have been parking their vehicles all day in person may … when not using the areas, set aside for reserve users, e.g. at Nunsweek Park. This (b)park any vehicle, other than a reserve. disadvantages reserve users such as members of sports team who arrive bicycle, in any reserve except in a later in the day to find that the carpark is already full. place set aside by the Council for the parking of vehicles, and unless the person in control of the vehicle intends to remain in the reserve while the vehicle is parked;

9(4) This proposed new sub-clause clarifies that the dumping or New sub clause: 9(4)New sub clause abandonment of vehicles is prohibited on all reserves, parks and 9 (4)No person may abandon or dump prohibits the dumping greenspace areas; whether or not the greenspace area is a road under any vehicle in a reserve of vehicles section 2 of the Land Transport Act 1998 or a reserve under the Reserves Act 1977.

9(6)Mechanical devices: The proposed addition of the phrase “public address system (and) Addition to: 9 (7) addition of public address amplified sound system” to the list of noisy mechanical devices is for No person may in a reserve use or systems and amplified completeness. While there is adequate control over the use of sound attempt to use any public address sound systems to the list systems for organised events there is a perceived lack of a control over system, amplified sound system, of mechanical devices the casual park user who by using their amplified sound system causes …without the prior permission of an requiring approval unnecessary annoyance to other people in the park. Authorised Officer.

The purpose of the proposed phrase ‘or a firework’ is to address the Addition to 10 (1)No person may light a Fires: potential hazard from people lighting fireworks in reserves. It effectively fire… or a firework … except with the 10(1) adds requirement for formalises the current policy which is that people should gain Council’s prior written permission of an permission before the approval before carrying out such activities. While the current bylaw does Authorised Officer. lighting of fireworks’ not require any such approval, the Council’s website at: http://www.ccc.govt.nz/cityleisure/parkswalkways/ (FAQ section) states

that the Council’s approval is required for the lighting of fireworks in parks REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 7 119 and reserves. The proposed minor amendment is to clarify that Council’s approval under Amendment to title of Clause 12 to Tents, stalls, amusement the bylaw is required for the erection of amusement devices in reserves. include Amusement Devices devices Such devices e.g ‘bouncy castles’ can cause environmental damage to (1)No person may put up or erect 12.(1) adds ‘amusement the turf of a reserve. any …amusement device,… devices’ (such as ‘bouncy castles’) to the list of structures requiring approval

Amend to read.. New Clause 14. Organised The purpose of the proposed Clause 14 is to bring together and simplify 14(3) No person may, without the Events the current bylaw provisions with regard to organised sporting and other written permission of Council and events. Amendments include: having paid any applicable fees … hold, 14(3) which requires Council’s permission for any organised event and … any organised event

provides for fees to be paid to the Council for the use of a reserve and 14(4) The Council may specify in its permission whether the person: 14(4) which provides for exclusive use of a reserve (or part of a reserve) (a) may charge an entry fee for the for an event and for the charging of entry fees by the organiser of the event; event. (b) has the exclusive use of a reserve...,

for the duration of the event.

Trim 14/567828 13 120 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 121

Statement of Proposal for the Proposed Christchurch City Council Parks and Reserves Bylaw 2014

This statement of proposal is made under sections 83, 83A, 86, 89 and 156 of the Local Government Act 2002.

Summary Of Information

The Council proposes to revoke the Christchurch City Council Parks and Reserves Bylaw 2008 and replace it with the Christchurch City Council Parks and reserves Bylaw 2014.

The Council is revoking the 2008 Bylaw because, having completed a review of the Bylaw as required by the Local Government Act, there are improvements to the Bylaw that can be made and these are best done within a new Bylaw. The Council also recommends some changes that reflect new circumstances. The Council’s aim with the new Bylaw is to provide for the orderly management of parks and reserves administered by or under the control of the Council for the benefit and enjoyment of all users of those parks and reserves.

The Council determined under section 155 of the Act that the new Bylaw is the most appropriate way of addressing the perceived problems identified. The Bylaw is also in the most appropriate form and does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

The following is a summary of the changes proposed for the new Bylaw:

Clause 3; Purpose: New title, ‘Purpose’ replaces ‘Object’. Minor rewording to align with amended definition … “parks and reserves vested in administered by or under the control…” Clause 4; Interpretation: Amended definition of ‘Park or Reserve’; New definition of ‘Sign’. Amended definition of ‘Enforcement Officer’ to include police officer. Clause 5: ‘Access to reserves’ New clause title and simpler language. The current 2008 bylaw provisions relating to closure of reserves for organised events are shifted to clause 14 ‘Sporting and other organised events’ Clause 6: ‘Interference with reserves’. New clause title more accurately describe the nature of bylaw breaches under this clause. The new clause is more detailed and specific about activities than the current 2008 bylaw. New or expanded sub‐clauses relate to the following: 6(1)(a) destruction damage etc of park assets, 6(1)(b) erection of structures, facilities etc, 6(1)(c) pollution of water, 6(1)(d) burial or scattering of human ashes, 6(1)(e)killing, injuring, etc of animals. The proposed clause 6 also includes new restricted activities under 6(2) requiring the prior (verbal) approval of a Council officer: 6(2)(c)taking fruit or nuts in a manner likely to damage a tree, 6(2)(d)digging holes in a reserve. New Clause 7; ‘Behaviour in reserves’: 7(a) prohibits a person from intentionally obstructing or interfering with another person’s use or enjoyment of a reserve. Clause 9; ‘Vehicles, vessels and mechanical devices’: 9(1) inclusion of ‘shared paths’ as places where vehicles are allowed; 9(2) provides for additional bylaw breaches for (a)blocking a reserve entrance and (b)parking in a reserve when not using the reserve. 9(3)New sub clause clarifies that the Council may make parking restrictions for parks and reserves under the Traffic and Parking Bylaw; 9(4)New sub clause prohibits the dumping of vehicles 9(6)Mechanical devices: addition of public address systems and amplified sound systems to the list of mechanical devices requiring approval. Clause 10; ‘Fires’: 10(3) New sub clause stating that approval under this bylaw does not over‐ride other legal requirements e.g. the Council’s Urban Fire Safety Bylaw. Clause 12; ‘Tents, stalls, amusement devices’: 12.(1) adds ‘amusement devices’ and portable play devices e.g. ‘bouncy castles’ to the list of structures requiring approval

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 122

Clause 14; New title: ‘Sporting and other organised events’. The changes simplify and clarify provisions in the current 2008 Bylaw; 14(3) new sub clause providing for organised events including the payment of fees to Council for the use of a reserve; 14(4) provides for the exclusive use of a reserve (or part of a reserve) for an event and for the charging of entry fees. New Clause 18; ‘Exemptions’: Clause provides for exemptions from the bylaw for (a) contracted services,(b) emergency services or (c) approved activities under a management plan or RMA resource consent.

Copies of the Proposal Copies of the Statement of Proposal are available on the Council’s website at [insert link here] and can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Submissions

Submissions on this proposal can be made either:

‐ through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

‐ via email to: xxxx

‐ in writing to: Submissions on the proposed Parks and Reserves Bylaw Christchurch City Council PO Box 237 Christchurch.

Submissions on the proposal may be made to the Council between xxx and xxx 2014.

It is envisaged that the Council's Hearings Panel will hear oral submissions on the Proposal during xxx 2014.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 123

Statement of Proposal Christchurch City Council Parks and Reserves Bylaw 2014.

Introduction 1. This Statement of Proposal is prepared for the draft Christchurch City Council Parks and Reserves Bylaw 2014. 2. The documents relating to this proposal for a new parks and reserves bylaw including the draft Christchurch City Council Parks and Reserves Bylaw 2014 are attached to this Statement of Proposal and are also available on the Council’s website at www.ccc.govt.nz/HaveYourSay/ . They can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Nature of Proposal 3. The Council proposes to replace the current Christchurch City Council Parks and Reserves Bylaw 2008 with a new bylaw called the Christchurch City Council Parks and Reserves Bylaw 2014. As part of this bylaw making process the Council invites members of the public to comment on the draft 2014 Bylaw. 4. In the draft 2014 bylaw, the Council makes a number of changes to the rules of the 2008 bylaw; these changes are designed to ensure that there is a consistent level of regulation for all Council’s greenspace areas, parks and reserves, (whether or not they are reserves in terms of the Reserves Act 1977) and to address certain problems which are assessed as appropriate for regulation under a bylaw. A summary of these changes is set out below in paragraph nine. Reasons for this proposal 5. Councils are required to periodically review all bylaws made under the Local Government Act 2002 (the Act), and the Christchurch City Council has reviewed its Parks and Reserves Bylaw 2008 (the 2008 bylaw) as part of its ongoing bylaw review programme. Following a bylaw review, section 83 of the Local Government Act 2002 requires a Council to consult the public using the special consultative procedure. Therefore in order to make a new Parks and Reserves Bylaw 2014 the Council must use the special consultation procedure. Section 155 report 6. The Council has prepared a report under section 155 of the Act. The Section 155 report provides an analysis of the existing bylaw and concludes that it is still appropriate for the Council to have a bylaw for parks and reserves With respect to the current bylaw the staff analysis finds that most of the current bylaw remains fit for purpose, however some issues require additional regulation and some clauses would benefit from more detailed and clearer provisions. More information on the review of the 2008 bylaw including the full ‘Section 155 report’ which provides a detailed analysis of the bylaw and a summary of the reasons for each of the proposed changes is attached to this Statement of Proposal and can also be found at www.ccc.govt.nz/HaveYourSay/ 7. Overall the main reasons for the form and content of the proposed 2014 bylaw are: (i)to provide clear and consistent regulation of all parks and reserves including for those greenspace areas and parks which are not reserves in terms of the Reserves Act 1977. (ii) to control nuisance behaviours which obstruct or interfere with the activities and enjoyment of other park users, (iii) to make changes to the current bylaw which clarify the bylaw provisions and make the bylaw easier to understand and therefore to implement and enforce.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 124

Proposed Changes 8. A summary of the more substantive changes to the 2008 Bylaw is set out in below:

Definitions New definitions of ‘Park or Reserve’ and ‘Sign’. Includes Police Officer within the definition of enforcement officer Clause 5: ‘Access to reserves’ Changes include new clause title ‐ and simplified language. The current 2008 bylaw provisions relating to closure of reserves for organised events are shifted to clause 14 ‘Sporting and other organised events’ Clause 6: ‘Interference with reserves’ New clause title‐ more accurately describe the nature of bylaw breaches under this clause. The new clause is more detailed and specific about activities than the current 2008 bylaw. New or expanded sub‐clauses relate to the following: 6(1)(a) destruction damage etc of park assets, 6(1)(b) erection of structures, facilities etc, 6(1)(c) pollution of water, 6(1)(d) burial or scattering of human ashes 6(1)(e)killing, injuring, etc of animals , Any of the above activities require the prior written approval of Council. The proposed clause 6 also includes new restricted activities under 6(2) requiring the prior (verbal) approval of a Council officer: 6(2)(c)taking fruit or nuts in a manner likely to damage a tree 6(2)(d)digging holes in a reserve. New Clause 7: ‘Behaviour in reserves’. 7(a) prohibits a person from intentionally obstructing or interfering with another person’s use or enjoyment of a reserve. Clause 9 ‘Vehicles, vessels and mechanical devices’: 9(1) inclusion of ‘shared paths’ as places where vehicles are allowed, 9(2) provides for additional bylaw breaches for ‐ (a)blocking a reserve entrance and (b)parking in a reserve when not using the reserve. 9(3)New sub clause –Council may make parking restrictions for parks and reserves under the Traffic and Parking Bylaw 9(4)New sub clause prohibits the dumping of vehicles 9(6)Mechanical devices: addition of public address systems and amplified sound systems to the list of mechanical devices requiring approval Clause 10 ‘Fires’ 10(3) New sub clause stating that approval under this bylaw does not over‐ride other legal requirements e.g. the Council’s Urban Fire Safety Bylaw. Clause 12 ‘Tents, stalls, amusement devices’ 12.(1) adds amusement devices (e.g. merry‐go‐rounds) and play equipment (such as ‘bouncy castles’) to the list of structures requiring approval

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 125

Clause 14 ‘Sporting and other organised events’ 14(3) new sub clause providing for organised events including the payment of fees to Council for the use of a reserve 14(4) provides for the exclusive use of a reserve (or part of a reserve) for an event and for the charging of entry fees Clause 18 ‘Exemptions’ New Clause provides for exemptions from the bylaw for (a) contracted services,(b) emergency services or (c) where Council has given its written permission or (d) approved activities under a management plan or RMA resource consent. Other changes: 10. In addition to the changes identified above, the proposal includes quite a number of minor consequential amendments. These include minor wording changes, renumbering some clauses e.g. 7(b) was 8(2) under the 2008 bylaw , new sub‐headings e.g. “Part 1 Access to reserves” and amendments to the administrative clauses such as the provision for ‘Revocations and savings’. 11. Following the submission process the Council will make any necessary changes to the draft Parks and Reserves Bylaw 2014. The Council will then seek the Minister's approval of the Bylaw and the Bylaw will take effect seven days after the date of approval by the Minister of Conservation. The consultation process 12. The Council will listen to and acknowledge submitters concerns and provide feedback on how the submissions process influenced the Council's decision. 14. Written submissions are invited on this Statement of Proposal – Parks and Reserves Bylaw from the (date) to the (date) 2014. 15. Following the close of written submissions, submitters that indicated they wished to present their submission orally to the Council will be invited to speak at a hearing. Hearings will be held probably in September 2014. These hearings are open to the public to attend. The submissions will then be analysed by Council staff and compiled into a report for the councillors. The councillors will take the submissions into account during the decision making process of the Draft Parks and Reserves Bylaw replacement. 16. Submitters will be notified of the meeting at which the Council will consider the proposal. If you wish for an opportunity to be heard in support of your submission, please indicate this in your submission. 17. The content of all written submissions, including the submitters name and address, will be made available to the public in accordance with the Local Government Act 2002.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 126

How to access the documents The Statement of Proposal may be viewed at the Council's Administration Building , 53 Hereford

Street, at the Council's libraries and service centres and on the Council website (www.ccc.govt.nz) keyword: Have yoursay/ parksandreservesbylaw. How to send in a submission The submission period is proposed for the (date) Online to the (date )2014. You can send your submission www.ccc.govt.nz keyword: …. in a variety of ways, as listed to the right. E-mail Submissions must include your full name contact [email protected] details, plus whether or not you wish to present subject: your submission at the public hearing. parksandreservesbylaw Submission information will be placed on the public record and will be made available on the Council's website after submissions close. Post Parks and Reserves bylaw Christchurch City Council PO Box ------Christchurch, 8154 Hand Deliver The Council Administration Building at 53 Hereford Street or any Library branch or service centre

For more information on the proposed changes in this Statement of Proposal Contact: Ruth Littlewood Senior Policy Analyst Strategy and Planning

DDI: (03) 941 5574 E-mail: [email protected]

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 127

CHRISTCHURCH CITY COUNCIL

PARKS AND RESERVES BYLAW 2014

Pursuant to the Local Government Act 2002 and the Reserves Act 1977, the Christchurch City Council makes this Bylaw.

1 SHORT TITLE

This Bylaw is the Christchurch City Council Parks and Reserves Bylaw 2014.

2 COMMENCEMENT

This Bylaw comes into force on

3 PURPOSE

The purpose of this Bylaw is to provide for the orderly management and control of parks and reserves vested in, administered by or under the control of the Council for the benefit and enjoyment of all users of those parks and reserves.

4 INTERPRETATION

In this Bylaw, unless the context requires otherwise-

(b) does not include kites and balloons which are controlled from the ground via strings.

‘Authorised Officer’ (a) means an officer or other person appointed by the Council to perform duties required under this Bylaw, irrespective of the designation given to that officer or person; and (b) includes any rangers appointed by the Council under the Reserves Act 1977; and (c) includes reserve committee members appointed by Community Boards.

‘Animal’ means any mammal, bird, reptile, amphibian, fish or related organism, insect, crustacean or organism of every kind but does not include a human being.

‘Camp’ means to reside in or sleep in a structure, tent or vehicle e.g. caravan, campervan.

‘Christchurch City’ means the district of the Christchurch City Council

‘Council’ means the Christchurch City Council.

‘Enforcement Officer’ (a) means a person appointed by the Council to enforce the provisions contained in this Bylaw; and (b) includes any rangers appointed by the Council under the Reserves Act 1977. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 128

‘Foreshore’ means the land edging the sea, estuaries and rivers that is regularly submerged and exposed by the sea's tidal ebb and flow, that is, the area between the line of mean high water springs level and the mean low water springs level.

(c) does not include any such land, park, domain or greenspace area which is subject to a lease that has been granted by the Council under the Local Government Act 2002 or the Reserves Act 1977.

Sign includes a notice, label, inscription, billboard, plaque or placard

Vehicle’ (a) means a man-made device for land transport, including, but not limited to cars, trucks, heavy machinery, motorbikes, bicycles; but

(b) does not include prams, strollers, wheelchairs or other mobility scooters used by persons with physical or neurological impairment.

‘Vessel’ includes, but is not limited to, a ship, boat, hovercraft or any other description of vessel used or designed to be used in the sea or river.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 129

Part 1 -Access to reserves

5 (1) A reserve will be open to the public at all times, except –

( (a) during such hours as the Council may from time to time otherwise determine; or

(b) when the Council has determined that it is necessary to temporarily close the reserve or part of it, and has provided appropriate signage to inform the public of such closure; or

(c) when the Council or an Authorised Officer has temporarily set aside the whole or part of a reserve, for the exclusive use of an organised event in terms of Clause 14 of this Bylaw .

(2) No person may enter any reserve or part of a reserve which is set apart for the cultivation or protection of plants or other special purposes, without the prior permission of an Authorised Officer.

(3) No person, other than an Authorised Officer may enter or remain in the reserve or the part of a reserve that is closed to the public.

Part 2 -Prohibited and Restricted activities in reserves

6 INTERFERENCE WITH RESERVES

(1) Without the prior written permission of an Authorised Officer, no person may in a reserve,

(a) remove, destroy, damage, deface or interfere with any thing or any part of anything in or enclosing a reserve; including any: (i) structure or building; (ii) sign; (iii)path, track, lawn, step, gravel, sand, soil or border (iv)tree, shrub, or plant of any kind including hedges, flowers or flowerbeds; (v)area prepared for any sport or game

(b) erect, construct, make, bolt, fix or place any structure, path or track, climbing aid, recreational or play equipment, or sign,

(c) plant any tree, shrub or plant or plant or part of any tree, shrub or plant or sow or scatter the seed of any plant of any kind; or

(d) pollute or render unfit for purpose any water,

(e) bury or scatter the ashes of a deceased person,

(f) take or destroy or injure or disturb or interfere with or cause distress to any animal or bird or other fauna or the nest or egg of any bird, or attempt to do so; or

(g) introduce any substance that may be injurious to animal or plant life.

(2) Without the prior permission of an Authorised Officer (which may be given verbally), no person may in a reserve,

(a) walk on any flowerbed; or grass plot, or any other place where walking is prohibited by a notice to that effect; or REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 130

(b) take or attempt to take fruit or nuts from any tree or plant in a manner that damages or is likely to damage the tree or plant; or

(3) Subclauses (1) and (2) do not apply to any volunteer activities in a reserve if the Council has entered into an agreement with any person or body in relation to those activities and those activities are bound by the conditions of that agreement.

7 BEHAVIOUR IN RESERVES

No person in a reserve may:

(a) intentionally obstruct, disturb, or interfere with any other person’s use or enjoyment of a reserve; or

(b) drive or ride a vehicle within any reserve area where vehicles are allowed in a manner, which having regard to all the circumstances of the case, is or might be dangerous to the public or to any person

The following note is explanatory and does not form part of the Bylaw but, is intended to explain its general effect. This clause should be read in conjunction with the Summary Offences Act 1981, the Crimes Act 1961, the Trespass Act 1980 and any statute that generally regulates behaviour that may occur in reserves.

8 ANIMALS

(1) No person may bring any animal into a reserve or allow any animal in his or her custody, charge or control to be within a reserve, unless:

(a) a Council bylaw has allowed the animal in the reserve, such as through a dog control bylaw and the related dog control policy; or

(b) the Council has authorised the presence of animals through a reserve management plan, licence or other similar document; or

(d) the reserve has been booked for an event allowing the presence of animals.

(2) The Council (either generally or in any particular case), may seize and confine any loose animal found within any reserve.

(3) Except with the permission of an Authorised Officer, no person may –

(a) Bring or drive any horse or other animal on to any part of the Avon Heathcote Estuary; or

(b) Permit any horse or other animal in his or her custody, charge or control to wander on to or remain on any part of the Avon Heathcote Estuary.

The Council may seize and confine any horse or other animal found on any part of (4) the Avon Heathcote Estuary in breach of this Bylaw.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 131

The Avon Heathcote Estuary means that area shown in the attached plan in (5) Schedule 3.

(The following note is explanatory and does not form part of the Bylaw but, is intended to explain its general effect. For control of dogs upon reserves in Christchurch City see the current version of the Christchurch City Council Dog Control Bylaw.

The Council has the power under the Reserves Act 1977 to make Bylaws in respect of reserves located outside Christchurch City where the Council is the administering body of the reserve, eg Kennedy’s Bush, Cass Peak, Otahuna Reserve, Coopers Knob, Ahuriri Scenic Reserve, and Orongamai Reserve . Section 94(1)(b) of the Act however makes it an offence to allow an animal to trespass onto a reserve, and therefore a Bylaw is not required to control dogs on these reserves.)

9 VEHICLES, VESSELS AND MECHANICAL DEVICES

(1) No person may take, ride or drive any vehicle into or on any reserve –

(a) except in areas where vehicles are allowed, such as driveways, parking areas, shared paths or cycle tracks; or

(b) unless permission has been granted by an Authorised Officer.

(2) No person may without the permission of an Authorised Officer, (a) stop or leave any vehicle so that the vehicle obstructs an entrance to, or path or track in, the reserve; or

(b) park any vehicle, other than a bicycle, in any reserve except in a place set aside by the Council for the parking of vehicles, and unless the person in control of the vehicle intends to remain in the reserve while the vehicle is parked;

(3) Nothing in this Bylaw limits the Council from setting aside any place in the reserve for the parking of vehicles as a restricted parking area under the Christchurch City Council Traffic and Parking Bylaw 2008.

The following note is explanatory and does not form part of the Bylaw: The Council will enforce any restricted parking area in a reserve in accordance the Land Transport Act 1998 and any regulations made under the Land Transport Act 1998.

(4) No person may abandon or dump any vehicle in a reserve.

The following note is explanatory and does not form part of the Bylaw: The Council in enforcing this clause will use a procedure under the Reserves Act 1977 or the Land Transport Act 1998 or the Local Government Act 2002 or the Local Government Act 1974.

(5) No person may use a reserve or the foreshore as a storage site for any vessel or other watercraft for a continuous period exceeding 7 days while that vessel or watercraft is not being used in the water, unless –

(a) the person has obtained the prior written permission of an Authorised Officer; or

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 132

(b) it is in an area specially set aside for this purpose.

(6) No person may use or attempt to use any public address system, amplified sound system, motorised model boat, portable generator, stationary motor, compressor, chainsaw, post hole borer or any other type of portable mechanical plant or equipment in a reserve except-

(a) in an emergency; or

(b) with the prior permission of an Authorised Officer.

10 FIRES

(1) No person may light a fire in a reserve except with the prior written permission of an Authorised Officer.

(2) Except that the permission of an authorised officer is not required for:

(a) the lighting of a fire in a fireplace specially provided for that purpose.

(b) or the use of any gas fired barbeque or other similar self contained cooking device which does not use solid fuel.

(3) Nothing in this clause authorises the lighting of any fire in the open air, if doing so would constitute a breach of any other bylaw Act or regulation (including the Christchurch City Council Urban Fire Safety Bylaw, and any rule in a district or regional plan under the Resource Management Act (1991)).

11 CAMPING

No person may camp in a reserve unless –

(a) it is in an area specifically set aside by the Council for camping, and the person has paid any camping fees set by the Council from time to time; or

(b) that person has obtained the prior written permission of an Authorised Officer to do so.

12 TENTS, STALLS, AMUSEMENT DEVICES ETC.

(1) No person may put up or erect any stall, booth, tent, (excluding any casual shade tent) amusement device or portable play equipment in a reserve unless that person has–

(a) obtained the prior written permission of an Authorised Officer to do so; and (b) paid any applicable fees set by the Council from time to time.

The following note is explanatory and does not form part of the Bylaw, but is intended to explain its general effect: This clause is intended to apply to stalls, booths, tents, or structures for circus or carnival tents, amusement devices such as merry-go-rounds or noddy trains, portable play equipment such as bouncy castles and corporate hospitality tents. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 133

13 AIRCRAFT

(1) No person may, without the written permission of an Authorised Officer, and having paid any applicable fees set by the Council from time to time-

(a) land an aircraft in a reserve, or take off in an aircraft from a reserve; or

(b) use an aircraft to set down, pick up, or recover anything in a reserve; or

(2) Nothing in subclause (1) prevents an aircraft from being used in or over a reserve in an emergency situation.

(3) Despite subclause (1), a person may operate power driven model aircraft in a reserve if–

(a) the Council has set aside an area for that purpose, and then only in accordance with such conditions that are set by Council; or

(b) with the prior written permission of an Authorised Officer; or

(i) is radio-controlled and either battery or electric powered; and

(ii) has a total flying weight of not more than 1 kilogramme: and

(iii) does not cause annoyance or inconvenience to other users or to animals on the reserve; and

(iv) does not over-fly the boundaries of the reserve; and

(v) does not fly in a reserve referred to in subclause (4).

The Council may by resolution determine any reserve where model aircraft which are radio-controlled and either battery or electric-powered may not be flown.

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

The following note is explanatory and does not form part of this Bylaw, but is intended to explain its general effect. Any resolutions made under clause 13(4) will be recorded in a register and the register will be available on the Council’s website or from Council Service Centres.

14 SPORTING AND OTHER ORGANISED EVENTS

(1) Sporting events or games may only be held in areas of reserves set aside for that purpose or with the approval of an Authorised Officer.

The following note is explanatory and does not form part of this Bylaw: Clause 14(1) is not intended to restrict the playing of impromptu games on reserves by small groups of people

(2) No person may enter or remain on a marked sports ground area in a reserve when an organised sports game is in progress, unless he or she is a player or is administering the game in some capacity (for example, refereeing or providing first aid assistance).

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 134

(3) No person may, without the permission of an Authorised Officer and having paid any applicable fees, hold, organise, or take part in any organised event in a reserve.

(4) The Council may specify in its permission whether the person: (a) may charge an entry fee for the event; (b) has the exclusive use of a reserve, or any part of a reserve, for the duration of the event.

The following note is explanatory and does not form part of this Bylaw, but is intended to explain its general effect: An organised event can be a one-off event or a series of events. Events requiring permission include pre-arranged sports games between teams, athletics or cycling events, fairs, festivals, family or other reunion events, church, school, work or social group outings and performances. Permission will generally not be required for a small gatherings in reserves e.g. small group picnic or impromptu games. The Council’s fees and charges for the use of reserves for organised events are set out in the Council’s current Annual Plan . For further information contact the Council on 941-8999 or on the Council’s website .

Part 3 –Special Areas Additional provisions dealing with specific parks and reserves or facilities.

15 BOTANIC GARDENS

A plan of the Botanic Gardens is contained in Schedule 1.

(1) Except with the permission of an Authorised Officer, no person may within the Botanic Gardens –

(a) play any organised sports game; or

(b) ride a bicycle.

(2) No person may climb any tree within the Botanic Gardens.

(3) No person may climb any structure within the Botanic Gardens, unless the structure is purposely built for climbing, such as in a playground area.

The following note is explanatory and does not form part of this Bylaw, but it is intended to explain its general effect: Christchurch’s Botanic Gardens were established in 1863 and possess a collection of exotic and indigenous plants, many of which are rare, and, as such, require a higher degree of protection than other reserve areas.

16 RAWHITI GOLF COURSE

A plan of the Rawhiti Golf Course is contained in Schedule 2.

(1) No person may walk across or remain on any part of the Rawhiti Golf Course unless that person is engaged in a game of golf or is accompanying a person playing golf, or unless they are on a designated public walkway through the golf course.

(2) Subclause (1) does not apply if the Council has waived this clause, in the public interest, for the purposes of a tournament, competition, or any other occasion. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 135

Part 4 –Other Matters

17 BREACHES OF BYLAW

(1) Every person who breaches this Bylaw, must on request by an enforcement officer immediately stop the activity, and leave the reserve if so requested by the enforcement officer to do so.

(2) Any person failing with all reasonable speed to comply with a request under subclause (1) commits a further offence against this Bylaw.

18 EXEMPTIONS

This Bylaw does not apply to any person who commits an act that is done:

(a) in accordance with a valid contract for services with the Council; or

(b) by a member of the emergency services in the course of carrying out his or her duties as a member of the emergency services; or

(c) in accordance with any operative reserve or park management plan, or pursuant to any resource consent under the Resource Management Act 1991.

19 PERMISSION UNDER THIS BYLAW

(1) A permission given under this Bylaw may relate to –

(a) an activity or event or a series of activities or events, as the case may be:

(b) one or more clauses under this Bylaw as is appropriate in the circumstances.

(2) Any permission given under this Bylaw may be subject to such terms and conditions as the Council or Authorised Officer giving the permission thinks fit.

(3) The permission must set out –

(a) the activity or event or activities or events which is or are permitted; and

(b) the duration of the permission; and

(c) the reserve or reserves to which the permission relates. The Council may review any permission given under this Bylaw.

(4) Where this Bylaw refers to written permission, that permission may be in electronic form.

(The following note is explanatory and does not form part of this Bylaw, but is intended to explain its detail: The Council will consider giving generic permissions to groups to enable them to carry out activities on Council reserves where those reserves are not dedicated areas for the playing of sport.)

20 REVOCATIONS AND SAVINGS

(1) The following Bylaw is revoked by this Bylaw: Christchurch City Council Parks and Reserves Bylaw 2008 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 136

(2) Any approval, permission or authorisation under the Christchurch City Council Parks and Reserves Bylaw 2008 that is in effect 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 clause in this Bylaw.

(3) The revocation of the Bylaw under subclause (1) does not prevent any legal proceedings, criminal or civil, being taken to enforce the bylaw and such proceedings continue to be dealt with and completed as if the bylaw had not been revoked.

21 CHRISTCHURCH CITY COUNCIL GENERAL BYLAW 2008

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.

The initial resolution to make this Bylaw was passed by the Christchurch City Council at a Meeting of the Council held on 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

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 137

SCHEDULE 1

PLAN OF BOTANIC GARDENS

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 138

SCHEDULE 2

PLAN OF RAWHITI GOLF COURSE

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 7 139

SCHEDULE 3

PLAN OF AVON HEATHCOTE ESTUARY

19 140 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 141

CHRISTCHURCH CITY COUNCIL

PARKS AND RESERVES BYLAW 2014 Deleted: 2008

Pursuant to the Local Government Act 2002 and the Reserves Act 1977, the Christchurch City Council makes this Bylaw.

1 SHORT TITLE This Bylaw is the Christchurch City Council Parks and Reserves Bylaw 2014 . Deleted:

Deleted: 2008 2 COMMENCEMENT This bylaw comes into force on Deleted: 1 July 2008.

3 PURPOSE Deleted: OBJECT The purpose of this Bylaw is to provide for the orderly management and control of Deleted: object parks and reserves vested in or under the control of the Council for the benefit and enjoyment of all users of those parks and reserves.

4 INTERPRETATION In this Bylaw, unless the context requires otherwise-

‘Aircraft’ (a) means any man-made device capable of flight, including, but not limited to aeroplanes, helicopters, gliders, hang-gliders, hot air balloons and radio- controlled model aircraft; but (b) does not include kites and balloons which are controlled from the ground via strings.

‘Animal’ (a) means any mammal, bird, reptile, amphibian, fish or related organism, insect, crustacean or organism of every kind, but does not include a human being.

‘Camp’ (a) means to reside in or sleep in a structure, tent, caravan, or campervan.

‘Christchurch City’ (a) means the district of the Christchurch City Council

‘Council’ (a) means the Christchurch City Council.

‘Enforcement Officer’ (a) means an officer appointed by the Council to enforce the provisions contained in this Bylaw; and

(b) includes any rangers appointed by the Council under the Reserves Act 1977. (c) includes any sworn member of the NZ Police acting in the course of his or her duty

‘Foreshore’ (a) means the land edging the sea, estuaries and rivers that is regularly submerged and exposed by the sea's tidal ebb and flow, that is, the area between the line of mean high water springs level and the mean low water springs level. 1 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 142

‘Park’ or ‘Reserve’ (a) means any land which is vested in or administered by the Council under the provisions of the Reserves Act 1977; or (b) any park, domain, foreshore or greenspace area under the control or ownership of the council; but (c) does not include any such land, park, domain or greenspace area which is subject to a lease that has been granted by the Council under the Local Government Act 2002 or the Reserves Act 1977.

Sign (a) includes a notice, label, inscription, billboard,plaque or placard

Vehicle’ (a) means a man-made device for land transport, including, but not limited to cars, trucks, heavy machinery, motorbikes, bicycles; but

(b) does not include prams, strollers, wheelchairs or other mobility scooters used by persons with physical or neurological impairment.

‘Vessel’ (a) includes, but is not limited to, a ship, boat, hovercraft or any other description of vessel used or designed to be used in the sea or river.

... [1] Part 1 -Access to reserves Deleted: 5 5.1 A reserve will be open to the public at all times, except – Deleted: RESERVES OPEN TO THE PUBLIC¶ (a) during such hours as the Council may from time to time otherwise determine; or Deleted: when the Council has determined that the public (b) when the Council has determined that it is necessary to temporarily close are not entitled to enter the the reserve or part of it, and has provided appropriate signage to inform reserve or part of it without payment of a fee, the amount the public of such closure. for which has been previously adopted by the Council or (c) or when the Council or Authorised Officer has temporarily set aside the agreed by the person or whole or part of a reserve for the exclusive use of an organised event in persons to whom the Council has granted exclusive use of terms of Clause 13 of this Bylaw . the reserve or part of it; or

Deleted: when the Council has determined that it is 5.2 No person may enter any reserve or part of a reserve which is set apart for the necessary to temporarily close cultivation or protection of plants or other special purposes, without the prior the reserve or part of it, and =permission of an Authorised Officer. has provided appropriate signage to inform the public of such closure. 5.3 No person, other than an Authorised Officer may enter or remain in the reserve or the part of a reserve that is closed to the public. Deleted: or enclosure or place identified as such, Deleted: and to which the Part 2 -Prohibited and Restricted activities in reserves public is not normally admitted, unless he or she has obtained

INTERFERENCE WITH RESERVES Deleted: (3) Deleted: A 6.1 No person may in any reserve without the prior written permission of the Council, Deleted: must not

(a) remove, destroy, damage, deface or interfere with any thing in a reserve or Deleted: a any part of anything in or enclosing a reserve; including any: Deleted: while it

Deleted: 6.1 (i) structure or building; (ii) sign; Deleted: BEHAVIOUR IN RESERVES 2 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 143

(iii)path, track, lawn, step, gravel, sand, soil or border (iv)tree, shrub, or plant of any kind including hedges, flowers or flowerbeds; (v)area prepared for any sport or game

(b) erect, construct, bolt, fix or place any structure, path or track, climbing aid, recreational or play equipment, or sign.

(c) plant any tree, shrub or plant or part of any tree, shrub or plant or sow or scatter the seed of any plant of any kind (d) pollute or render unfit for purpose any water

(e) bury or scatter the ashes of a deceased person.

(f) kill, injure, take, interfere with or cause distress to any animal, stock or wildlife, bird’s nest, or bird’s egg, or attempt to do so;

(g) introduce any substance that may be injurious to animal or plant life on the reserve; 6.2 Without the prior permission of an Authorised Officer (which may be given verbally), no person may in a reserve,

(a) (i)walk on any flowerbed; or (ii)walk on any grass plot, or other place within the reserve where walking is prohibited by a notice to that effect; or

(b) take or attempt to take fruit or nuts from any tree or plant in a manner that damages or is likely to damage the tree or plant.

(c) dig any hole in any grassed area or garden or bury any thing including any animal or ashes of any animal or Deleted: No person may, without the prior permission of an Authorised Officer –¶ ¶ Subclauses (1) and (2) do not apply to any volunteer activities in a reserve if the (a) bury or disturb any thing in Council has entered into an agreement with any person or body in relation to those a reserve; or¶ activities and those activities are bound by the conditions of that agreement. ¶ (b) walk on any grass plot or other place within the reserve where walking is prohibited by 7 BEHAVIOUR IN RESERVES a notice to that effect; or¶ ¶ A person in a reserve must not: (c) within any reserve, plant any tree, shrub or plant, or sow or scatter the seed of any tree, (a) intentionally obstruct, disturb, or interfere with any other person’s use or shrub, or plant of any kind, or enjoyment of a reserve; or introduce any substance that may be injurious to animal or plant life on the reserve; (b) drive or ride a vehicle within any reserve area where vehicles are allowed in a manner, which having regard to all the circumstances of the case, is or might Deleted: (The following note be dangerous to the public or to any person. is explanatory and does not form part of the Bylaw but, is intended to explain its general ( The following note is explanatory and does not form part of the Bylaw but, is intended effect. This clause should be to explain its general effect. This clause should be read in conjunction with the read in conjunction with the Summary Offences Act 1981, the Crimes Act 1961, the Trespass Act 1980 and any Summary Offences Act 1981, the Crimes Act 1961, the statute that generally regulates behaviour that may occur in reserves.) Animal Welfare Act 1999, the Trespass Act 1980 and any statute that generally regulates ANIMALS behaviour that may occur in reserves.)

8.1 No person may bring any animal into a reserve or allow any animal in his or her Deleted: does custody, charge or control to be within a reserve, unless: Deleted: 6.3 Formatted: Left (a) a Council bylaw has allowed the animal in the reserve, such as through a dog control bylaw and the related dog control policy; or

3 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 144

(b) the Council has authorised the presence of animals through a reserve management plan, licence or other similar document; or

(d) the reserve has been booked for an event allowing the presence of animals.

8.2 The Council (either generally or in any particular case), may seize and confine any loose animal found within any reserve.

8.3 Except with the permission of an Authorised Officer, no person may –

(a) Bring or drive any horse or other animal on to any part of the Avon Heathcote Estuary; or

(b) Permit any horse or other animal in his or her custody, charge or control to wander on to or remain on any part of the Avon Heathcote Estuary.

8.4 The Council may seize and confine any horse or other animal found on any part of the Avon Heathcote Estuary in breach of this Bylaw.

8.5 The Avon Heathcote Estuary means that area shown in the attached plan in Schedule 3.

VEHICLES, VESSELS AND MECHANICAL DEVICES Deleted: OTHER TRAFFIC, MECHANICAL DEVICES AND 9.1 No person may take, ride or drive any vehicle into or on any reserve –

(a) except in areas where vehicles are allowed, such as driveways, parking areas, shared paths or cycle tracks; or

(b) unless permission has been granted by an Authorised Officer.

- 9.2 No person may without the permission of an Authorised Officer,

(a) stop or leave any vehicle so that the vehicle obstructs an entrance to, or path Deleted: park or track in, the reserve; or

9.3 Nothing in this Bylaw limits the Council from setting aside any place in the reserve Deleted: or with the for the parking of vehicles as a restricted parking area under the Christchurch City permission of an Authorised Council Traffic and Parking Bylaw 2008. Officer.

4 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 145

(The following note is explanatory and does not form part of the Bylaw: The Council will enforce any restricted parking area in a reserve in accordance the Land Transport Act 1998 and any regulations made under the Land Transport Act 1998.")

9.4 No person may abandon or dump any vehicle in a reserve. Formatted Table

(The following note is explanatory and does not form part of the Bylaw: The Council in enforcing this clause will use a procedure under the reserves Act 1977 or the Land Transport Act 1998 or the Local Government Act 2002 or Local Government Act 1974 as appropriate) .

9.5 No person may use a reserve or the foreshore as a storage site for any vessel or other watercraft for a continuous period exceeding 7 days while that vessel or watercraft is not being used in the water, unless –

(a) the person has obtained the prior written permission of an Authorised Officer;

(b) it is in an area specially set aside for this purpose.

9.6 Mechanical devices No person may in a reserve use or attempt to use any public address system, amplified sound system, motorised model boat, portable generator, stationary motor, compressor, chainsaw, post hole borer or any other type of portable mechanical plant or equipment except-

(a) in an emergency; or

(b) with the prior permission of an Authorised Officer. Formatted: Left FIRES

10.1 No person may light a fire in a reserve except with the prior written permission of an Authorised Officer.

10.2 Except that the permission of an authorised officer is not required for: Deleted: Despite subclause

(a) the lighting of a fire in a fireplace specially provided for that purpose or Deleted: a person may use any gas fired barbeque or (b) the use of any gas fired barbeque or other similar self contained cooking device other sim ssimilar cooking device which does not use solid fuel; 10.3 Deleted: Nothing in clause 9 of this Bylaw authorises the lighting of any fire in the open air, firework, barbeque, pizza oven or hangi if doing so would constitute a breach of any Act or regulation (including the Christchurch City Council Urban Fire Safety Bylaw, the Forest and Rural Fires Act 1977 and any rule in a district or regional plan under the Resource Management Act 1991).

11 CAMPING

No person may camp in a reserve unless –

(a) it is in an area specifically set aside by the Council for camping, and the person has paid any camping fees set by the Council from time to time; or

5 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 146

(b) that person has obtained the prior written permission of an Authorised Officer to do so.

12 TENTS, STALLS, AMUSEMENT DEVICES ETC. Deleted: BOOTHS

No person may put up or erect any stall, booth, tent, (excluding any casual shade tent amusement device) or structure of any kind in a reserve unless that person has–

(a) obtained the prior written permission of an Authorised Officer to do so; and

(b) paid any applicable fees set by the Council from time to time.

To avoid any doubt, if a person complies with clause 11, that person is not required to comply with this clause.

The following note is explanatory and does not form part of the Bylaw, but is Deleted: ( intended to explain its general effect. This clause is intended to apply to stalls, booths, tents, or structures such as circus or carnival tents, amusement devices such as merry-go-rounds or noddy trains, portable play equipment such as bouncy castles and associated structures, and corporate hospitality tents.

AIRCRAFT

13.1 No person may, without the written permission of an Authorised Officer, and having paid any applicable fees set by the Council from time to time-

(a) land an aircraft in a reserve, or take off in an aircraft from a reserve; or

(b) use an aircraft to set down, pick up, or recover anything in a reserve; or

13.2 Nothing in subclause (1) prevents an aircraft from being used in or over a reserve in an emergency situation.

13.3 Despite subclause (1), a person may operate power driven model aircraft in a reserve if–

(a) the Council has set aside an area for that purpose, and then only in accordance with such conditions that are set by Council; or

(b) with the prior written permission of an Authorised Officer; or

(i) is radio-controlled and either battery or electric powered; and (ii)has a total flying weight of not more than 1 kilogram: and (iii)does not cause annoyance or inconvenience to other users or to animals on the reserve; and (iv)does not over-fly the boundaries of the reserve; and (v)does not fly in a reserve referred to in subclause (4).

The Council may by resolution determine any reserve where model aircraft which are radio-controlled and either battery or electric-powered may not be flown.

13.4 The Council may by resolution subsequently amend or revoke any resolution made under subclause (4). (The following note is explanatory and does not form part of this Bylaw, but is intended to explain its general effect. Any resolutions made under clause 12(4) will be recorded in a register and the register will be available on the Council’s website or from Council Service Centres.) 6 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 147

Part 3-Organised Events

SPORTING AND OTHER ORGANISED EVENTS Deleted: S GAMES

14.1 Sporting events or games may only be played in areas of reserves set aside for Deleted: Organised that purpose or with the approval of an Authorised Officer. Deleted: sports

(The following note is explanatory and does not form part of this Bylaw,: Deleted: as sports ground Clause 18(1) is not intended to prohibit the playing of impromptu games on areas reserves by small groups of people.

14.2 No person may enter or remain on a marked sports ground area in a reserve when an organised sports game is in progress, unless he or she is a player or is administering the game in some capacity (for example, refereeing or providing first aid assistance).

14.3 No person may, without the permission of an Authorised Officer and having paid any applicable fees, hold, organise or take part in any organised event in a reserve.

14.4 The Council may specify in its permission whether the person: (a) may charge an entry fee for the event; (b) has the exclusive use of a reserve, or any part of a reserve, for the duration of the event. The following note is explanatory and does not form part of this Bylaw, but is intended to explain its general effect: An organised event may be a one-off event or a series of events. Events requiring a permission include pre-arranged sports games between teams, athletics or cycling events, fairs, festivals, family or other reunion events, church, school, work or social group outings and performances. Permission will generally not be required for small gatherings in reserves e.g. small group picnics or impromptu of family and friends. The Council’s fees and charges for the use of reserves for organised sporting and other events are set out in the Council’s current Annual Plan . For further information contact the Council on 941-8999 or on the Council’s website . Deleted: This clause is not intended to prohibit the playing Part 4 –Special Areas of impromptu games on reserves by groups such as scouts, guides, youth groups, Additional provisions dealing with specific parks and reserves or facilities. or other recreational or family groups BOTANIC GARDENS

A plan of the Botanic Gardens is contained in Schedule 1.

15.1 Except with the permission of an Authorised Officer, no person may within the Botanic Gardens –

(a) play any organised sports game; or

(b) ride a bicycle.

15.2 No person may climb any tree within the Botanic Gardens.

15.3 No person may climb any structure within the Botanic Gardens, unless the structure is purposely built for climbing, such as in a playground area.

(The following note is explanatory and does not form part of this Bylaw, but it is intended to explain its general effect. Christchurch’s Botanic Gardens were established in 1863 and possess a collection of exotic and indigenous plants, many of which are rare, and, as such, require a higher degree of protection than other reserve areas.)

7 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 148

RAWHITI GOLF COURSE

A plan of the Rawhiti Golf Course is contained in Schedule 2.

16.1 No person may walk across or remain on any part of the Rawhiti Golf Course unless that person is engaged in a game of golf or is accompanying a person playing golf, or unless they are on a designated public walkway through the golf course.

16.2 Subclause (1) does not apply if the Council has waived this clause, in the public interest, for the purposes of a tournament, competition, or any other occasion.

Part 5- Other matters

BREACHES OF BYLAW

17.1 Every person who breaches this Bylaw, must on request by an enforcement officer immediately stop the activity, and leave the reserve if so requested by the enforcement officer to do so.

17.2 Any person failing with all reasonable speed to comply with a request under subclause (1) commits a further offence against this Bylaw.

18 EXEMPTIONS

This Bylaw does not apply to any person who commits an act that was done:

(a) in accordance with a valid contract for services with the Council; or

(b) by a member of the emergency services in the course of carrying out his or her duties as a member of the emergency services; or Deleted:

(c) in accordance with any operative reserve or park management plan, or pursuant to any resource consent under the Resource Management Act 1991.

PERMISSION UNDER THIS BYLAW

19.1 A permission given under this Bylaw may relate to –

(a) an activity or event or a series of activities or events, as the case may be:

(b) one or more clauses under this Bylaw as is appropriate in the circumstances.

19.2 Any permission given under this Bylaw may be subject to such terms and conditions as the Authorised Officer giving the permission thinks fit. The permission must set out –

(a) the activity or event or activities or events which is or are permitted; and

(b) the duration of the permission; and

19.3 Where this Bylaw refers to written permission, that permission may be in electronic form.

19.4 (The following note is explanatory and does not form part of this Bylaw, but is intended to explain its detail: 8 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 149

The Council will consider giving generic permissions to groups to enable them to carry out activities on Council reserves where those reserves are not dedicated areas for the playing of sport.)

20 REVOCATIONS AND SAVINGS

20.1 The following bylaw is revoked by this Bylaw: Christchurch City Council Parks and Reserves Bylaw 2008

20.2 Any approval, permit, or other act of authority which originated under Christchurch City Council Parks and Reserves Bylaw 2008 or any of the bylaws revoked by the 2008 bylaw and 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 clause in this Bylaw. Deleted: If you have an The revocation of the Christchurch City Council Parks and Reserves Bylaw 2008 existing permission, authority under this clause does not prevent any legal proceedings, criminal or civil, being etc given under a previous Bylaw in Christchurch or Banks taken to enforce that bylaw and such proceedings continue to be dealt with and Peninsula, these existing 20.3 completed as if the bylaw had not been revoked. permissions, authorities, etc have been carried forward under clause ).)¶ 21 CHRISTCHURCH CITY COUNCIL GENERAL BYLAW 2008

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.

Deleted: REVOCATIONS AND SAVINGS¶ ¶ The following Bylaws are revoked by this Bylaw:¶ ¶ Christchurch City Council Bylaw 118 – Parks and Reserves 1981¶ ¶ Christchurch City Council Bylaw 120 – Avon Heathcote Estuary and Rivers 1982¶ ¶ Banks Peninsula District Council Bylaw – Parks and Reserves 1996¶ ¶ Heathcote County Council Bylaw – Reserves 1933 (No. 1)¶ ¶ Riccarton Borough Council (3) Bylaw (No. 1) part 8 Parks and Reserves¶ ¶ Waimairi County Council Bylaw (No. 1) – 1966 part vii Reserves and Domains¶ ¶ Paparua County Council Bylaw – 1981 section 15 Reserves¶ Formatted: Normal, Right: 3.5 pt, Tabs: Not at 378 pt Deleted: Any approval, permit, or other act of authority which originated under any of the Bylaws revoked under subclause (1) and 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 clause in this Bylaw.¶ 9 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 150

10 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 151

SCHEDULE 1

PLAN OF BOTANIC GARDENS

11 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 152

SCHEDULE 2

PLAN OF RAWHITI GOLF COURSE

Formatted: Font: (Default) Arial, 10 pt Formatted: Font: 10 pt

12 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 153

SCHEDULE 3

PLAN OF AVON HEATHCOTE ESTUARY

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Formatted: Font: (Default) Arial, 10 pt

13 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 7 154

Page 2: [1] Deleted OosthuizenM 04/06/2014 16:25:00 ‘ ‘Reserve’ (a) means any land which is vested in or under the control of the Council and which is set aside for public enjoyment as a reserve, park, garden, or greenspace area, whether or not that land has been vested as a reserve under the Reserves Act 1977; but

(b) does not include any reserve, park, garden, or greenspace area or part of such a reserve, park, garden, or greenspace area which is subject to a lease that has been granted by the Council under the Local Government Act 2002 or the Reserves Act 1977.

155 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8. WATER RELATED SERVICES BYLAW 2008, REVIEW 2014

1. PURPOSE AND ORIGIN OF REPORT

On 30 January the Council:

1.1.1 Noted the ten-year programme of bylaw reviews.

1.1.2 Confirmed that the Council’s current programme is to review the Cruising, Parks and Reserves, Water Related Services and Urban Fire Safety Bylaws during 2014.

The purpose of this report is:

1.2.1 To report on the staff review of the Christchurch City Council Water Related Services Bylaw 2008.

1.2.2 To seek the Committee’s recommendation to the Council that the Council adopt for consultation the proposed Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014 and to revoke the Christchurch City Council Water Related Services Bylaw 2008.

2. EXECUTIVE SUMMARY

2.1 The review of the Christchurch City Council Water Related Services Bylaw 2008 (the current bylaw) is part of the Council’s ten-year ‘rolling’ programme of bylaw reviews. Council staff have prepared this report following a staff review of the current bylaw.

2.2 In undertaking a review of the current bylaw, staff of the Strategic Policy Unit, have consulted the Community Boards and the Banks Peninsula and Christchurch West Melton zone committees for the Canterbury Water Management Strategy. Extensive input into the review and preparation of the draft bylaw has been provided by staff from the Asset and Network Planning (Water Supply, Wastewater and Stormwater), Technical Services (Water), Legal Services and Monitoring and Enforcement units. All have provided extensive input into this bylaw review and the recommendations for a new bylaw.

2.3 Following the initial consultation with units of the Council and the Community Boards, staff assessed the current bylaw, including a clause by clause analysis of current provisions and a range of alternative provisions. They considered whether it would be preferable to retain the current bylaw, amend the bylaw or to make a new bylaw e.g. a draft Water Supply, Wastewater and Stormwater Bylaw 2014. A summary of this staff analysis including the reasons for the staff recommendations for changes to the current bylaw are provided in the ‘Section 155 Report’ (Attachment 1).

2.4 The staff recommendations to the Committee include that the Council adopt for consultation the Statement of Proposal for the draft Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014 (Attachment 2). 156 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8 Cont’d

3. BACKGROUND

3.1 Section 145 and 146 of the Local Government Act 2002 provides the Council with the power to make bylaws for the management of water, wastewater and stormwater and to protect the public from nuisance and maintain public health and safety. Section 64 of the Health Act 1956 also contains relevant bylaw making powers. Following the 2008 review of the three bylaws that then applied to water, wastewater and stormwater services within the Christchurch City territorial area, the Council adopted the Christchurch City Council Water Related Services Bylaw 2008 (Attachment 3) and this 2008 bylaw currently provides the regulatory framework for managing the ‘three waters’ within Christchurch City. 3.2 Councils are required to periodically review all bylaws made under the Local Government Act 2002, and the review of the Christchurch City Council Water Related Services Bylaw 2008 (the 2008 bylaw) is part of the Council’s ongoing bylaw review programme. 3.3 In order to support the current review, staff have prepared a ‘Section 155 Report’ (Attachment 1) to this report. 3.4 Following a bylaw review, section 83 of the Local Government Act 2002 requires a Council to consult the public using the special consultative procedure. Therefore in order to revoke, retain, amend or to make a new bylaw, the Council must use the special consultation procedure.

4. COMMENT

Legal issues 4.1 Section 158 of the Local Government Act 2002 (the Act) provides for the review of bylaws. The first review must happen within five years of a bylaw being made and subsequently, within ten years of the date of any (previous) review. As the Council’s Water Related Services Bylaw 2008 replaced existing bylaws, the statutory deadline for the next review is 2018. The Council has however endorsed a ten year bylaw review programme which brings forward the review of this and other bylaws and avoids the problem of having a large number of reviews being undertaken simultaneously.

4.2 Section 160(1) of the Act requires a local authority to review a bylaw by making the determinations required by section 155; whether a bylaw is the most appropriate way of addressing the perceived problem; and, if a bylaw is considered the most appropriate way of addressing a perceived problem, before making the bylaw, whether the proposed bylaw — (a) is the most appropriate form of the bylaw; and (b) gives rise to any implications under the New Zealand Bill of Rights Act 1990 (the bylaw must also be consistent with the NZBORA).

4.4 The following note is provided for information purposes; the current s160 requirement for an SCP after every bylaw review will be amended if the Local Government Act Amendment Bill No. 3 is enacted as currently drafted. The Bill permits local authorities to use other methods of community consultation following certain straightforward bylaw reviews e.g. where a council decides to retain a bylaw without any significant amendments. However as the proposed new bylaw contains significant amendments an SCP would be required even if the Bill had become law. 157 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8 Cont’d

4.5 In addition to the specific statutory requirements above, the law requires that any bylaw must be an intra vires (within the statutory powers that authorise the bylaw), certain and reasonable. There is a considerable body of case law on ‘reasonableness’ in the bylaw context. The Courts have noted that in ascertaining the reasonableness of a bylaw, they will look to the surrounding facts, including the nature and condition of the locality in which it is to take effect, the problem it seeks to solve or proposes to remedy and whether public or private rights are unnecessarily or unjustly affected.

Section 155 Report 4.6 Staff have prepared a report to assist the Council in making the determinations required by section 155 of the Act. (Attachment 1). A perceived general problem with the current bylaw is that it does not clearly define the respective obligations of the Council, installers, owners and the public in relation to the water supply and stormwater systems.

4.7 As part of the review of the 2008 bylaw staff have now assessed the current bylaw provisions for stormwater. There are a number of perceived problems with the 2008 bylaw provisions for stormwater due to the change in the nature and scale of the stormwater issues that the Council now faces in 2014 compared to 2008. The staff assessment is that having regard to the post earthquake environment and the Council’s significantly increased responsibilities to manage discharges from the public stormwater system that the Council needs to control both the quantity and quality of stormwater entering into the Council’s public stormwater system. Legal advice is that, although the Council can take enforcement steps under existing legislation where stormwater damages Council infrastructure, in the absence of a bylaw control the Council is generally obligated to accept stormwater into its public system. The Council therefore needs much stronger bylaw provisions for stormwater in order to gain the desired level of control over stormwater inflows.

4.8 The staff analysis is that the following problems and issues are specific to the water supply system:

(a) Inefficient use of water including waste or misuse of water

(b) Contamination of the water supply system e.g. because of a lack of adequate back flow prevention measures

(d) Unauthorised connections to the water supply system

(e) The vulnerability of some water supplies to disruption and restriction, specifically those Council community supplies on the Banks Peninsula which are sourced from streams and shallow bores

4.9 For the wastewater system:

(a) Potential damage or misuse of the infrastructure of the wastewater system.

4.10 For the stormwater system:

(a) The need to provide the Council with the ability to control the inflow of stormwater into the public stormwater system

(b) The discharge of contaminants into the public stormwater system

(c) Unauthorised discharges into the public stormwater system which may cause pollution to waterways downstream or exceed the capacity of the system

(d) Potential damage or misuse of the physical infrastructure of the stormwater system 158 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8 Cont’d

4.11 The Section 155 report then assesses whether a bylaw is needed and whether an amended bylaw or new bylaw is the most appropriate way of addressing the perceived problem. A summary of bylaw options is provided. Staff conclude that the preferred option is to make a new bylaw. Having concluded that a new bylaw is the appropriate solution to the perceived problems, the staff then carried out a detailed assessment as to the most appropriate form of the bylaw including a clause by clause analysis of the proposed and current bylaw clauses. Table 1 of the Report provides a summary of the staff analysis. The staff conclusions are that a new bylaw is appropriate and the proposed Water Supply, Wastewater and Stormwater Bylaw 2014 is the most appropriate form of the bylaw.

Consultation undertaken so far 4.12 Staff have consulted extensively with staff involved in the management and planning for the Council’s water supply, stormwater and wastewater services and with staff of the Legal Services Unit to discuss suggested changes to the Bylaw. Staff have also consulted the Community Boards, and the Canterbury Water Management Strategy Christchurch-West Melton and Banks Peninsula Zone Committees and received their input and suggestions. As a result of the review, staff propose that the Committee recommend to the Council that the Council adopt for consultation the proposed Christchurch City Water Supply, Wastewater and Stormwater Bylaw 2014 and following the special consultative procedure, revoke the current Bylaw.

Purpose of the new Water Supply, Wastewater and Stormwater Bylaw 2014 4.13 The purpose of the new Water Supply, Wastewater and Stormwater Bylaw 2014 is to

(a) Manage, regulate and protect from misuse or damage the Council's water supply, wastewater and stormwater systems;

(b) Protect the public from nuisance and maintain public health and safety.

Reasons for and summary of recommended changes 4.14 As discussed in paragraphs six and seven of the Section 155 Report, problems identified during the 2008 bylaw review are still present and there are in addition newly identified problems, so following the framework options analysis for the bylaw, staff completed a more detailed options analysis of the current bylaw clauses and potential amendments to the clauses. Two main options were identified with respect to specific bylaw clauses, either retention of the current provision or making a new provision.

4.15 In considering which of the options is the most appropriate, the following questions were asked: does the clause address an identified problem or is it necessary for the efficient administration of the ‘three waters’, does it provide an appropriate level of control, is it specific and easy to interpret for the public and the Council's officers and finally, is this provision enforceable?

4.16 Many of the recommended changes proposed for the draft 2014 bylaw do not alter the level of control the Council has over its water related services; the purpose of these changes is to make the bylaw easier for staff, customers and the general public to understand and use.

4.17 Making the bylaw clauses clear and easy to understand is important for ensuring compliance with the bylaw especially as, other than very expensive prosecutions, the Council has limited options for formal enforcement activities. Currently the Council’s activities in relation to ensuring compliance with the bylaw include advice, verbal warnings, warning notices, and bylaw education. While the legal advice is that both the 2008 bylaw and proposed 2014 bylaw are enforceable, the Council has not prosecuted any one under the current 2008 Bylaw or earlier versions of the bylaw.

Wastewater 4.18 There are few changes proposed to the provisions of the bylaw dealing with wastewater. Staff considered the current provisions adequate and the draft 2014 bylaw retains the 2008 provisions with only minor amendments. 159 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8 Cont’d

Water Supply 4.19 There are many wording changes proposed for the water supply part of the 2014 bylaw, most of which are intended to clarify the current 2008 provisions and do not otherwise significantly change the level of regulation of the supply.

4.20 The most significant change is a new requirement for supplementary rainwater water storage (minimum capacity of 5000 litres). This proposal would apply for new commercial and residential buildings, constructed after the bylaw comes into force, that are served by the Council community water supplies for the Akaroa and Little River areas (Akaroa, Duvauchelle, Wainui, Takamatua, Pigeon Bay, Little River, Birdlings Flat.)

4.21 The reasons for introducing this change are for water conservation and demand management purposes. These particular supplies which are sourced from shallow bores and small streams are subject to regular restrictions, vulnerable to disruption and the costs to Council of providing a more reliable supply - for example by providing additional bulk storage - would be high. The advantages (benefits) of the proposal are assessed to include:  Alternative to potable water for non-potable uses such as gardening/vehicle washing  Conservation of potable water  Possible stormwater control  Emergency preparedness The proposal, will give effect to the Council’s Water Supply Strategy, in particular Objective 1.2 “.. to ensure cost-effective , reliable and sustainable water supplies” and Objective 3.3 “Opportunities for alternative sources for various uses are researched”. In addition the proposal is strongly supported by the Banks Peninsula/Wairewa and Littleton/Mount Herbert community boards and by the Banks Peninsula Zone Implementation Committee. 4.22 In assessing the advantages and disadvantages of this proposed requirement for supplementary storage, consideration has been given to the potential costs and benefits of the proposed bylaw requirement and alternatives to the bylaw. The costs of the requirement are financial and relate to the additional cost of building new residential or commercial premises; installing a storage system is estimated to be approximately $7500 and under the Council’s current water charging regime, a residential property owner would be unlikely to receive a financial payback within the expected life of a tank (30 years). In contrast the benefits of the proposal are largely non-financial although there will be some economic benefit to the suppliers and installers of water tanks and potentially to Council, in reducing the demand for expensive potable water supply (which is used for non potable purposes). The benefits of the requirement, relating to a more sustainable supply and water use and increased resilience accrue to both the property owner and the wider community. 4.23 Overall the status quo option i.e. no change to the bylaw and continuing the Council’s current strategy of encouraging the voluntary installation of new water tanks and the retention of existing tanks is not preferred because this strategy appears to have had very limited success. The bylaw rule is also preferred over a proposal for a district plan rule at this time; there is uncertainty as to whether such a district plan rule will be approved for inclusion in the reviewed district plan, the current proposal for a draft district plan rule applies only to residential buildings and may not apply to those residential rebuilds which have ‘existing use rights’. In addition a bylaw allows more flexibility as to standards of compliance and any review of the bylaw is a less onerous statutory process than for a district plan provision. Following the completion of the district plan review, it may well be appropriate to review the (proposed) bylaw provision to ensure that the bylaw requirement for supplementary rainwater storage is still necessary. 160 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8 Cont’d Stormwater 4.24 The draft 2014 bylaw provides significantly increased levels of control over stormwater inflows into the public stormwater system in order to better manage the quality and quantity of stormwater for reasons which include enabling the Council to meet its obligations under its ‘global consents’ under the Resource Management Act (RMA).

4.25 As described above, the staff analysis supports significant changes to the current bylaw and the recommended changes are listed in the Section 155 report. Further analysis and discussion of the rationale for the more significant proposed amendments is provided in Table 1 to the Section 155 report.

Conclusions 4.26 Staff conclude that following the review of the Christchurch City Council Water Related Services Bylaw 2008 described above, it would be appropriate for the Christchurch City Council to make a new bylaw, that a new bylaw would be consistent with the New Zealand Bill of Rights Act 1990 and that the draft Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014 in the Statement of Proposal is in the most appropriate form, for notification.

5. FINANCIAL IMPLICATIONS

. 6. STAFF RECOMMENDATION

That the Committee recommend to the Council:

6.1 That the Council, in respect of its review of the Water Related Services Bylaw 2008:

(a) Receives the section 155 report on the current Water Related Services Bylaw 2008

(b) Resolves that the proposed Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014 meets the requirements of section 155 of the Local Government Act 2002, in that:

(i) A new bylaw is the most appropriate way of addressing the perceived problem; and

(ii) The proposed bylaw, subject to the outcome of the SCP, is the most appropriate form of bylaw; and

(iii) The proposed bylaw does not give rise to any implications under, and is not inconsistent with the New Zealand Bill of Rights Act 1990

(c) Resolves that the attached Statement of Proposal (which includes the proposed Bylaw) and Summary of Information be adopted for consultation; and

(d) Resolves that public notice of the consultation be given in The Press newspaper and on the Council’s website at the start of the consultation period, and that public notice of the proposal be given in community newspapers distributed in the Christchurch district area, as close as possible to the start of the consultation period; and

(e) Resolves that the consultation documents be made available for public inspection at Council Service Centres, Council Libraries and on the Council’s website during the consultation period, and authorise staff to determine the specific persons and/or organisations to whom the Summary of Information will be distributed as a basis for general consultation; and

(f) Resolves that the consultation period be from 14 July to 15 August 2014. 161 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

8. Cont’d (g) Resolves that a hearings panel be appointed to hear submissions, deliberate on those submissions and to report back to the Council on the final form of the Bylaw in October 2014. 162 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 163

Review of the Christchurch City Council Water Related Services Bylaw 2008 / Proposed Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014

Section 155 Report Introduction 1. Currently the Christchurch City Council Water Related Services Bylaw 2008 regulates the management of the Council’s water related services. 2. Under section 158 of the Local Government Act 2002 (the Act), the Council is required to review its bylaws at 5 and then 10 yearly intervals. The Christchurch City Council Water Related Services Bylaw 2008 is due for its 10 yearly review by 2018. The Council is undertaking this review now as part of a series of rolling bylaw reviews. 3. When the Council reviews a bylaw, section 160 of the Act requires the Council to review the bylaw by making the determinations required by section 155. 4. Under section 155, the three determinations are –

 Whether or not a bylaw is the most appropriate way of addressing a perceived problem or issue; and  If the Council decides that a bylaw is (still) appropriate, whether the bylaw is the most appropriate form of bylaw; and  Whether or not the bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA).

5. The following analysis has been undertaken for the purposes of reviewing the Water Related Services Bylaw 2008, and in respect of the proposed new Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014.

What are the perceived problems?

6. Prior to making the Christchurch City Council Water Related Services Bylaw 2008, the Council undertook a review of the three bylaws that were in force in the city at that time. During the course of that review, the Council identified various problems / issues that needed to be addressed. These are reflected in the 2008 bylaw objectives e.g. the need to “(a) Define the obligations of installers, owners and the public in matters related to the Public Water Supply; (b) Prescribe the conditions which shall apply to water distribution systems on private property …; (c) Ensure that all Fittings and appliances connected directly or indirectly to the Public Water Supply achieve optimum performance with a minimum of consumption of water and incorporate safeguards to prevent waste..”

7. For the purpose of this review, the Council has considered whether or not those problems still exist and whether there are any new issues that need to be addressed. The assessment is that the problems that existed in 2008 are still present and that there are in addition a number of new problems that need to be addressed by the bylaw. New issues and problems that have been identified include –  The 2008 bylaw provisions do not address the full range of stormwater issues. The 2008 bylaw was prepared before significant changes in the Resource Management Act planning framework (including the notification of the proposed Regional Land and Water Plan, ‘global consents’ and Stormwater Management Plans). The Council in 2014 has significantly increased responsibilities to manage both the quantity and quality of stormwater discharging from the public stormwater system. In order to comply with the terms and conditions of its RMA consents the Council needs to have the means to control the stormwater entering into the Council’s public stormwater system. Legal advice is that a bylaw is the appropriate S155 –Trim 14/579818 1 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 164

tool and that without a bylaw the Council is generally obligated under the Local Government Act to accept stormwater into its public system. The bylaw provisions for stormwater in the proposed 2014 bylaw are therefore considered to be reasonable and appropriate.

 The 2008 bylaw does not have regard to relevant strategic planning documents e.g. Water Supply Strategy 2009-2039 and the Canterbury Water Management Strategy, which were prepared after the 2008 bylaw.  Some of the provisions of the 2008 bylaw are overly complex or unclear as to their effect

8. The staff analysis identifies the following specific problems and issues that should be covered by the bylaw: For the water supply system: (a) Inefficient use of water including waste or misuse of water, (b) Contamination of the water supply system e.g. because of a lack of adequate backflow prevention measures. (c) Damage or misuse to the infrastructure of the water supply system (d) Unauthorised connections to the water supply system (e) The vulnerability of some water supplies to disruption and restriction specifically those supplies on the Banks Peninsula which are sourced from streams and shallow bores

For the wastewater system: (a) Damage or misuse of the infrastructure of the wastewater system.

For the stormwater system: (a) The need to provide the Council with the ability to control the quantity of the inflow of stormwater into the public stormwater system (b) The discharge of contaminants into the public stormwater system (c) Unauthorised discharges into the public stormwater system which may cause nuisance e.g. pollution to waterways downstream or exceed the capacity of the public stormwater system (d) Damage or misuse to the infrastructure of the stormwater system

Is a bylaw the most appropriate way of addressing the perceived problems?

9. In undertaking this review, the Council has considered what are the best options for addressing the perceived problems. This requires the Council to consider whether or not a bylaw is the most appropriate way of addressing the perceived problems. The options considered are -  Status Quo – Retain the current bylaw: This is not preferred as the current bylaw does not address adequately some existing and new problems.  Amend the current bylaw: An amendment bylaw is not the preferred option given the number and significance of the recommended changes identified in the clause by clause analysis in Table 1,  Replace the current bylaw with a new bylaw: The preferred option given the large number and significance of the changes to the current bylaw.  Revoke the current bylaw and not replace it. This is not a preferred option

10. The analysis suggests that the best approach is for the Council to replace the current bylaw with a new bylaw, i.e. the Water Supply Wastewater and Stormwater Bylaw 2014.

S155 –Trim 14/579818 2 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 165

What is the most appropriate form of bylaw? 11. The most appropriate form of bylaw is one that:  Helps achieve the Council’s Community Outcomes, the Water Supply, Wastewater and Stormwater strategies and other strategic planning documents  Is not inconsistent with other Christchurch City Council’s bylaws;  Allows for exceptions and special circumstances;  Is within the legal power of the Council to make bylaws under s145 and s146 of the Local Government Act 2002 and Section 64 of the Health Act 1956.  Is not inconsistent with the NZBORA. 12. As the preparation of a new bylaw is considered to be the most appropriate approach, staff have prepared a clause by clause analysis of the proposed provisions for the Water Supply Wastewater and Stormwater Bylaw 2014. The clause by clause analysis is set out in Table 1. In preparing this analysis, two main options were identified with respect to most bylaw clauses: retaining the current provision, or making a new provision. In considering which of the options is the most appropriate, the following questions were asked:  does the clause address an identified problem or is it necessary for the efficient management of water related services:  does it provide an appropriate level of control:  is it consistent with other Council bylaws:  is it specific and easy to interpret for the public and Council's officers:  is this provision enforceable. 13. The following is a summary of the proposed changes to the bylaw:

Wastewater There are few changes proposed to the provisions of the bylaw dealing with wastewater. Staff considered the current provisions adequate and the draft 2014 bylaw retains the 2008 provisions with only minor amendments.

Water Supply There are many wording changes proposed for the water supply part of the 2014 bylaw, most of which are intended to clarify the current 2008 provisions and do not otherwise significantly change the level of regulation of the supply.

The most significant change is a new requirement for supplementary rainwater water storage (minimum capacity of 5000 litres). This proposal would apply for new commercial and residential buildings, constructed after the bylaw comes into force, that are served by the Council community water supplies for the Akaroa and Little River areas (Akaroa, Duvauchelle, Wainui, Takamatua, Pigeon Bay, Little River, Birdlings Flat.)

The reasons for introducing this change are for water conservation and demand management purposes. These particular supplies which are sourced from shallow bores and small streams are subject to regular restrictions, vulnerable to disruption and the costs to Council of providing a more reliable supply, for example by providing additional bulk storage would be high. The advantages (benefits) of the proposal are assessed to include, providing an alternative to potable water for non-potable uses such as gardening/vehicle washing, conservation of potable water, potential stormwater control and emergency preparedness. The proposal is considered to help give effect to the Council’s 2009 Water Supply Strategy, in particular Objective 1.2 “.. to ensure cost-effective , reliable and sustainable water supplies” and Objective 3.3 “Opportunities for alternative sources for various uses are researched”. S155 –Trim 14/579818 3 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 166

In assessing the advantages and disadvantages of this proposed requirement for supplementary storage, consideration has been given to the potential costs and benefits of the proposed bylaw requirement and to alternatives to the bylaw.

Stormwater The draft 2014 bylaw provides significantly increased levels of control over stormwater inflows into the public stormwater system in order to better manage the quality and quantity of stormwater for reasons which include enabling the Council to meet its obligations under its ‘global consents’ under the RMA. 14 In addition to the recommended clauses described in Table 1, staff gave consideration to a number of other possible bylaw provisions suggested by people and organisations including form the Zone committees, community boards, the Community and Public Health section of the District Health Board and Council staff. Proposals which were considered but not included within the Table 1 analysis, because the staff assessment was that they did not meet one or more of the above criteria, include: a requirement for water efficient appliances e.g. double flush toilets, a requirement for supplementary rainwater storage for all new premises in the Christchurch City territorial area and a bylaw prohibition on domestic waste disposal units in areas serviced by Council’s ‘green bins’. 15. Staff conclude that a new bylaw that incorporates the changes identified in Table 1 (and subject to the consideration of any submissions that may be received during the special consultative procedure) the Water Supply Wastewater and Stormwater Bylaw 2014 is the most appropriate form of bylaw.

Are there any NZBORA implications? 16. In reviewing the current bylaw and proposing a new replacement bylaw, the Council is required to consider whether or not the bylaw gives rise to any implications under the New NZBORA. Section 155(3) of the Act states that no bylaw may be made which is inconsistent with the NZBORA. 17. The NZBORA specifically identifies four types of rights, these are:  Life and security of the person;  democratic and civil rights;  non-discrimination and minority rights;  search, arrest and detention. The proposed Water Supply Wastewater and Stormwater Bylaw 2014 does not give rise to any implications under the NZBORA

Conclusion 18. Having reviewed the Water Related Services Bylaw 2008, in terms of section 155 of the Act,-  The proposed Water Supply Wastewater and Stormwater Bylaw 2014 is determined to be the most appropriate way of addressing the perceived problems; and  The proposed Water Supply Wastewater and Stormwater Bylaw 2014 is considered to be the most appropriate form of Bylaw; and  The proposed Water Supply Wastewater and Stormwater Bylaw 2014 does not give rise to implications under the NZBORA and is not considered to be inconsistent with the NZBORA.

S155 –Trim 14/579818 4 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 167

Table 1: Clause by clause analysis of draft Water Supply, Wastewater and Stormwater Bylaw 2014

Proposed clause Summary of proposed provision Discussion of issues and options Recommendation Topic/Issue Clause 1. Title New title: Water Supply, Wastewater and Options: Retain current bylaw title with new date (2014) or That the title of the Stormwater Bylaw 2014 provide a new bylaw title. bylaw read: This proposal is for a new bylaw with few of the 2008 clauses Christchurch City retained unaltered and a new part 3 for the management of Council Water stormwater. Given the wide ranging changes to the 2008 Supply, bylaw the suggested new title more accurately describes the Wastewater and new bylaw and the increased level of coverage and specificity Stormwater Bylaw of the draft bylaw in particular for stormwater. 2014 Clause 2. Purpose New purpose: Options: Retain current bylaw or include new clause 2. Adopt draft Clause 2(a) manage, regulate and protect from misuse “Purpose” 2 Purpose as in the or damage the Council's water supply, The current 2008 purpose clause (3)(1) does not fully describe attached statement wastewater and stormwater systems; the purpose of the draft bylaw as provided in new subclause of proposal. (b) protect the public from nuisance and 2(b). The current clause also (in providing for wide ranging maintain public health and safety. exemptions from the bylaw) conflicts with the goals of the new Part 3 enabling the Council to control stormwater discharges into its public stormwater system. Clause 3. Delete several redundant definitions e.g. Options: Retain existing definitions or amend interpretation Adopt draft Clause Interpretations Interceptor trap and add new definitions e.g.: clause. 3 as in the attached Commercial water supply, Connection box, The new definitions are considered necessary; they make the statement of Customer, Nuisance, Premises, Private property, new bylaw easier to understand and assist bylaw proposal. Residential supply, Secondary meter, and various enforcement/ implementation. definitions related to stormwater Part 1 Water Supply

Clause 4 (a) Promote the efficient use of water, manage Options: Retain current objectives or replace with new clause Adopt draft Clause Objectives demand and protect against waste or misuse of 4 with amended objectives. 4 as in the attached water. The new clause 4 is preferred over the 2008 objectives for statement of (b) Protect the water supply and water supply ‘Water Supply’ because the 2008 objectives do not address all proposal. system from contamination. identified aims for the draft bylaw such as objective (d) in (c) Regulate the use of land, structures and relation to unauthorised connections. infrastructure associated with the water supply system to protect from these assets from damage, misuse, or loss. (d) Prevent unauthorised connection to the water supply system. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 168

(e) Define the obligations of the Council, installers, owners and the public in matters related to the water supply system. (f) Determine the volumes of water consumed on any premises for rating purposes and/or to locate any water leaks at the premises. Clause 5 This proposed new clause clarifies the Council’s Options: Retain current 2008 bylaw clause 4 ‘Application for Adopt draft Clause Requirement for requirements for written applications; whether for connection and supply’ or replace with draft clause 5 5 ‘Requirement for application a new connection or for a change to an existing ‘Requirement for application’. application’ connection/supply. The draft clause meets the bylaw objectives (b) Protect the Sub clause 5(5) provides that the Council will water supply from contamination and (e) Define the either approve an application or decline the obligations of the Council, installers, owners and the public in application and give the applicant reasons for the matters related to the water supply system. refusal. The draft clause 5 amends the wording of the current clause Sub clause 5(6) makes it clear that the Council to make it more accessible and easier to interpret for the may require an applicant to pay for and install a public/customers and for Council’s officers. Perceived issues backflow prevention device before the Council will with the current clause 4 include that it does not identify the allow a new or continued connection to the water Council’s obligations when declining an application and that it supply system. can be interpreted as a requirement for an application only for new connections. Staff assess that these ambiguities have contributed to delays or difficulties in enforcing the Council’s requirements such as the installation of backflow prevention devices. Clause 6 This clause amends the wording of the equivalent Options: retain current 2008 bylaw clause 5 or replace with Adopt draft Clause Approval of 2008 clause with regard to providing for one point draft clause 6. 6 ‘Approval of applications of supply per premises (unless specifically The draft clause meets the bylaw objectives to (e) Define the applications for authorised) and providing for Council to classify a obligations of installers, owners and the public in matters connection and supply as either residential or commercial. A new related to the water supply system and (a). supply’ subclause 6(3) specifically allows Council to The draft clause 6 amends the wording of the current clause reclassify the supply of water, where the to make it more accessible and easier to interpret for the anticipated or monitored water use exceeds public/customers and for Council’s officers. It includes a normal residential use, from residential to specific provision enabling the Council to charge a ‘high user’ commercial and to charge accordingly. residential customer for the volume of water used, as for a commercial customer. Clause 7 Fire Protection Existing clause (Clause 25 in the 2008 bylaw) sets Options: Retain existing clause or not. Adopt draft Clause Systems out the standards for fire protection systems. The retention of this clause is preferred as meeting objective 7 Fire Protection (e) to define the obligations of the Council, installers, owners Systems and the public in matters related to the water supply system Clause 8 This clause amends the wording of the equivalent Options: retain current 2008 bylaw clause 6 ‘Acceptance of Adopt draft Clause Customer responsibilities 2008 clause by making it clear that (1) The supply constitutes agreement’ or replace with draft clause 7 8 Customer in acceptance of supply customer must comply with the requirements of ‘Customer responsibilities’. responsibilities in REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 169

this bylaw, including any conditions of approval of The purpose of this clause is bylaw objective 4(d) to prevent acceptance of an application under clause 5 and any other unauthorised connection to the water supply system. supply reasonable directions of the Council. The draft clause addresses the problem of unauthorised (2)The customer must not transfer to any other extension of supply pipes/supply of water beyond the party the rights and responsibilities set out in their premises for which the supply of water is approved. The conditions of supply or in this bylaw. wording of draft clause 6 is in ‘plain English’ and is easier to (3) A supply pipe must serve only one premises interpret for both public/customers and for Council’s officers and the customer must not extend the supply to enforce than the current bylaw. pipe, by hose or any other pipe, to any other premises and (4) any water which the customer draws from the Council supply must not be provided to any other party or premises without the prior written permission of the Council. Clause 9 Draft subclauses (1)-(4) set out the specific Options: Retain current bylaw clauses or include draft clause 8 Adopt draft Clause Responsibility for responsibilities of the Council and the customer ‘Responsibility for maintenance’. 9 ‘Responsibility for maintenance for the maintenance of pipes, toby and meter box The draft clause 9 meets objective 4 (e) to define the maintenance’. for the supply of water to a specific premises. obligations of installers, owners and the public in matters Subclause (5) provides for the Council to give the related to the water supply system. customer notice in writing to repair leaky pipes The draft clause brings together several clauses of the 2008 etc.(Clause 19 under the 2008 bylaw). bylaw covering maintenance for clarity and ease of Subclause (6) is a new provision; where a understanding. customer fails to carry out any required work In addition new subclause 6 enables the Council to charge a within the time period specified in the notice under residential customer for the cost of (wasted) water where the Clause 5: in addition to any other remedies the customer persists in refusing undertake necessary repairs. Council may charge the customer for the supply of Staff support this bylaw amendment as providing an additional water at the commercial supply rate. and effective enforcement ‘tool’. Clause 10 Clause 10 and the attached explanatory note sets Options: Retain current clauses 11,12 and 13 or include draft Adopt draft Clause Continuity of supply out the extent of Council’s obligations in respect of clause 10 Continuity of supply. 10 ‘Continuity of continuity of supply and interruptions to the supply The draft clause 10 brings together several clauses of the supply’. of water. 2008 bylaw for clarity and ease of understanding.

Clause 11 Liability This new clause states that the Council is not Options: Include new draft clause or not Adopt draft Clause liable for any damage to any private drainage 11 ‘Liability’ system or for any loss or inconvenience to any Staff support the inclusion of the new clause for the purposes Customer as a result of any connection to the of providing clarity as to the Council’s extent of liability. water supply system. Clause 12 This new clause requires the customer to give Options: To include the draft clause or not. Adopt draft Clause Notice when supply not notice if a premises is unoccupied more than a This draft clause is assessed to fill a gap in the current bylaw 12 required year, clarifies that a new application is required for provisions for connections/ disconnections. It addresses Notice when supply a reconnection and provides for the Council to certain problems associated with unoccupied dwellings in the not required disconnect a supply where a supply has not been post earthquake environment; the potential waste of water REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 170

used and premises unoccupied for a lengthy and/or contamination of the supply system period.

Clause 13 Draft clause 13 amends the 2008 Clause 14 Options: To include draft clause 13 or to retain current clause Adopt Clause 13 Restrictions on water use ‘Prohibition of supply in special circumstances. 14. Restrictions on The clause provides for water restrictions in times The current 2008 bylaw requirement for reporting to the water use of drought or emergencies. The only substantive Council is no longer considered a necessary provision and change in the draft clause is to delete the the wording of the draft clause is preferred as easier to requirement for the chief executive to report understand “every such restriction or prohibition to the Council at its next meeting”. Clause 14 The draft clause 14 provides that (1)The Council Options To include draft clause 14 or to retain current clause Adopt Clause 14 Prevention of waste and supplies potable water for consumptive use and 32 ‘Water used for cooling’. ‘Prevention of water efficiency unless specifically approved by Council the The draft clause provides regulation under bylaw objective (a) waste and water customer must not use water for non consumptive Promote the efficient use of water, manage demand for water efficiency’ activities e.g. dilution of tradewaste. Under (2) and protect against waste or misuse of water. any air conditioning or industrial plant using water It expands on the current clause. The wording including the from the water supply system for cooling purposes new title clarifies the purpose of this provision, it is considered is required to have water conservation equipment. to be easier to understand and therefore more enforceable than the current clause 32. Clause 15 New draft clause: Options: Include draft new clause 15, Adopt draft Clause Requirement for Within the Council water supply areas of Schedule or rely on voluntary measures (status quo), 15 supplementary water 1 to this bylaw (Akaroa, Duvauchelle, Takamatua, or provide for supplementary rainwater storage through a rule Requirement for storage for Akaroa and Wainui, Pigeon Bay, Little River and Birdlings in the District Plan supplementary Little River areas. Flat) a tank or facility with a minimum capacity of water storage for The reasons for introducing this change are for conservation 5000 litres is required for all new premises, Akaroa and Little and demand management purposes. These particular constructed in these areas after this bylaw comes River areas. supplies which are sourced from shallow bores and small into force, for the purpose of collecting and storing streams are vulnerable to restrictions and disruption and the rainwater for non potable purposes only. costs to Council of improving the level of service –for example . by providing additional bulk storage would be high. The benefits of the proposal are assessed to include: o An alternative to the use of potable water for non-potable uses such as gardening/vehicle washing o Conservation of potable water o Possible stormwater control o Emergency preparedness and increased resilience o Environmental benefits e.g. a reduction in periods of minimum flow for streams subject to surface water takes REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 171

The Council in deciding whether to include the draft bylaw clause must consider also the disadvantages of the proposal in terms of the additional costs which will be carried by property owner / builder. One estimate (Wellington Regional Council website) is that the total cost of a 5000 litre supplementary rainwater ‘tank’ including plumbing of toilets, pump etc, is approximately $7500 or approximately 2% of the cost of an average residential new build. The proposal is preferred overall as it gives effect to the objectives of Council’s Water Supply Strategy and is supported by the Banks Peninsula/Wairewa and Littleton/Mount Herbert Community Boards and is strongly advocated for by the Banks Peninsula Zone Committee . Clause 16 This new draft clause: Options: Include draft clause 16 or retain current clause 26 Adopt draft Clause Protection of water supply Draft clause 16 makes it a bylaw offence to ‘Protection of waterworks’ 16 system interfere with components of the water supply The draft clause 16 expands on current clause 26 and is Protection of water system ranging from unauthorised entry into considered to better provide for the objective (c) to regulate supply system catchments to damaging a meter or restrictor. the use of land, structures and infrastructure associated with A new provision under subclause (4) provides the water supply system to protect from these assets from ‘Where a restrictor or meter is damaged, the damage, misuse, or loss, than the current clause 26. Council may assess and recover the value of water drawn without authorisation.’ Clause 17 New draft clause: Options: Include the draft clause 17 or not. Adopt draft Clause Fire hydrants This clause clarifies that without prior written The proposed provision addresses the problem of water being 17 approval (1) Except in an emergency, only Fire taken from fire hydrants e.g. for construction activities without Fire hydrants Service personal may take water from standpipes using approved standpipes which include a meter and or hydrants or any other part of the water supply backflow prevention devices. These unauthorised takes can system. Subclause (4) also provides for the potentially contaminate the water supply. While it would be Council to seize equipment from offenders and possible for Council to rely on legislative provisions e.g. in the recover the value of any water drawn without Local Government Acts or Crimes Act (theft of water) a authorisation and recover any other associated specific bylaw control is considered to be more accessible and costs incurred by the Council. easier to understand and therefore to enforce. The draft clause is assessed to meet the objectives of the bylaw including (b) Protect the water supply from contamination and (d) Prevent unauthorised connection to the water supply system. Clause 18 This draft clause makes it clear that where there is Options: Insert new clause 18 or retain current 2008 bylaw Adopt draft Clause Backflow prevention a potential risk of cross connection between the clause 30 ‘Prevention of backflow’. 18 public water supply and any other water, the The new clause is clearer and more specific about both the Backflow Council can (1)require the customer to ensure purpose of backflow prevention measures (to prevent any prevention backflow prevention or (2) fit a backflow cross connection between the Council water supply and other REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 172

prevention device and charge the customer for water) and with regard to the customer’s obligations than the any cost incurred. current clause 30. Moreover the current clause is deficient in not specifying that the Council can install backflow prevention measures and charge the customer. The new clause is considered to better achieve bylaw objective (b) Protect the water supply from contamination. Clause 19 New draft clause provides for secondary meters. Options: Insert new clause 19 or not. Adopt draft Clause Installation of meters Secondary meters are defined in the bylaw as “a The existing bylaw does not recognise or provide for 19 privately owned and maintained meter on the secondary meters although there are currently many Installation of customer’s side of the connection box which ‘secondary meters’ in Christchurch. The new clause is meters. measures the water consumption (for billing preferred as meeting objective (e) to define the obligations of purposes) of each occupier when a single the Council, installers, owners and the public in matters premises has multiple occupiers.” related to the water supply system. Clause 20 Existing clause (clause 21 in the 2008 bylaw) Options: Retain existing clause or not. The retention of this Adopt draft Clause Reading of meters and This clause provides for the reading of meters, clause is preferred as meeting objective (e) to define the 20 accounts and for charges in relation to the meter reading obligations of the Council, installers, owners and the public in Reading of meters matters related to the water supply system. and accounts

Clause 21 Existing clause (clause 21(4) in the 2008 bylaw) Options: Retain existing clause or not. Adopt draft Clause Estimated accounts If any meter is out of repair or ceases to register, The retention of this clause is preferred as meeting objective 21 the clause provides for the Council to estimate (e) to define the obligations of the Council, installers, owners Estimated accounts the consumption for the period and for the and the public in matters related to the water supply system. resolution of disputes over estimated accounts.

Clause 22 Existing clause (Clause 22 in the 2008 bylaw) Options: Retain existing clause or not. Adopt draft Clause Protection of meters This clause sets out the obligation of customers in The retention of this clause is preferred as meeting objective 22 respect to meters located within premises. (e) to define the obligations of the Council, installers, owners Protection of and the public in matters related to the water supply system meters Clause 23 Existing clause (Clause 23 in the 2008 bylaw) Options: Retain existing clause or not. Adopt draft Clause Testing of meters provides for the testing of meters at the request of The retention of this clause is preferred as meeting objective 23 a customer. (e) to define the obligations of the Council, installers, owners Testing of meters and the public in matters related to the water supply system Clause 24 Existing clause (Clause 24 in the 2008 bylaw) Options: Retain existing clause or not. Adopt draft Clause Meter account adjusted provides for the Council to adjust an account as a The retention of this clause is preferred as meeting objective 24 result of testing a meter (e) to define the obligations of the Council, installers, owners Meter account and the public in matters related to the water supply system adjusted

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Clause 25 Existing objective for wastewater (Clause 33 in Options: Retain existing objective, or amend or delete Adopt draft Clause Objective for wastewater the 2008 bylaw) objective. 25 The objective of this part of the bylaw is to Retention of this objective is preferred as it covers matters Objective for manage, regulate against, or protect from, relating to protection of the waste water system which are wastewater damage, misuse, or loss, or prevent the use of, appropriately addressed through a bylaw. The current the land, structures and infrastructure associated objective is assessed by staff as still fit for purpose and not with wastewater drainage. requiring amendment. It is a more limited bylaw objective than those proposed for the water supply or stormwater systems because most wastewater issues can be adequately addressed in the contract between the Council and the customer. Clause 26 Existing clause (Clause 34 in the 2008 bylaw) Options: Retain existing clause or not. Adopt draft Clause Protection of the drainage This clause provides a requirement for Council’s Retention of the clause is preferred in order to meet the 26 works approval for activities which could potentially objective of protection of the wastewater system. Protection of the damage the wastewater system e.g. erection of drainage works structures within one meter of a public drain Clause 27 Existing clause (Clause 35 in the 2008 bylaw) with Options: Retain existing clause or amend or delete clause. Adopt draft Clause Wastewater Drains an amendment 27(2) relating to the pressure It is assessed that in order to meet the objective of protection 27 wastewater systems. of the wastewater system the draft (amended) clause is the Wastewater drains. This clause provides a requirement for Council’s preferred option. approval for the discharge to the sewer of material other than ordinary domestic sewage e.g. consent is required for shops or restaurants to discharge food waste. New subclause (2) states: Customers with a pressure wastewater system, or any other system that is connected to the drainage works, must use that system in accordance with any operating manual or guidelines for that system. Part 3 Stormwater

Clause 28 New objectives: Options: To retain the current objective of the 2008 bylaw Adopt draft Clause New objectives for a) To control the discharge of contaminants into (clause 33) in relation to wastewater and stormwater or to 28 stormwater the public stormwater system. include the new draft objectives (draft clause 28). Objectives for b) To enable the Council to meet relevant The 2008 bylaw objective for wastewater and stormwater is; stormwater objectives, policies and standards for discharges “to define the Council’s requirements and provide for the from the public stormwater system. protection of the land, structures, and infrastructure associated c) To protect the land, structures and with wastewater and stormwater”. The 2008 bylaw objective infrastructure of the public stormwater system focuses on the protection of physical infrastructure (drains, d) Prevent the unauthorised discharge of pipes etc). The 2008 Bylaw does not provide adequate stormwater into the public stormwater system. regulation to address relevant stormwater issues for the REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 174

e) Defining the obligations of the Council, Council, such as erosion and sediment control, protecting installers, owners and the public in matters related waterways from contamination or ensuring (through controls to the discharge of stormwater and management on inflows) that Council can meet the conditions of its ‘global of stormwater systems. stormwater’ discharge consents. Overall the draft objectives (a)-(e) are considered to better reflect the scope of this part of the bylaw which covers a wide range of matters unlike the 2008 bylaw which focussed onto the protection of physical infrastructure. Clause 29 New clause: This clause provides that every Options: Include new draft clause 29 or not. Adopt draft Clause Acceptance of premise is entitled to have its stormwater The draft clause 29 describes in broad terms the Council’s 29 stormwater discharge into the public system subject to: obligations in respect to the acceptance of stormwater into the Acceptance of (a) The premises lying within an area which is public stormwater system and also provides for discharges stormwater serviced by a public stormwater system; into the public system to meet standards in terms of quality (b) There being sufficient capacity within the and quantity. The draft clause addresses the need to restrict public stormwater system. uncontrolled stormwater inputs especially in the post (c) Gaining prior written approval of the Council earthquake environment where there is limited capacity in for the discharge as complying with standards some parts of the network, a high probability of increased (Clause 31). inflows from proposed re-developments and significant (d) Compliance with other relevant legislative and constraints on the availability of financial and other resources other bylaw requirements. for any upgrade to the public system. This clause contributes to achieving objective (e) in defining obligations of the Council and other parties. Clause 30 New clause: This clause provides for written Options: Include new draft clause 30 or not. Adopt draft Clause Applications for use of the applications for the use of or alteration to any part This clause contributes to achieving objective (e) in defining 30 stormwater system of the public stormwater system, except when obligations of the Council and other parties. It provides a Applications for use discharges or work have a bulding consent or useful degree of specificity in stating when an application in of the stormwater Environment Canterbury resource consent. writing is required, provides for the Council to charge for system Council’s approval for an application may be processing any application and to set conditions on any subject to payment of specified charges and approval in order to protect the stormwater system. terms and conditions. Subclause (3) allows the Council after considering the proposal and site specific information, to apply other restrictions for the protection of the public stormwater system. Clause 31 New clause: This clause requires that, unless Options: Include new draft clause 31 or not. Adopt draft Clause Design and other otherwise authorised by the Council, Whereas draft clause 30 provides for the making of 31 requirements. (1)all proposed stormwater systems and any applications clause 31 provides further detail as to the Design and other proposed alterations to existing stormwater Council’s requirements for design in respect of works affecting requirements. systems to be designed, constructed and the public stormwater system and to mitigate the effects of operated according to (specified) relevant flooding on residential and commercial development. This guidelines statutory documents and approvals clause is supported as its implementation will contribute Under (2) Council may require retrofit stormwater towards all objectives (a)-(e) of this part of the bylaw. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 175

mitigation for sites being re-developed Under (3) Council may require treated stormwater discharges to outfall into a separate part of the public stormwater system from untreated stormwater. Subclause (4) requires as-built plans of all new connections or alterations to the public stormwater system within the time frame specified in Council’s written approval Clause 32 New Clause: This clause requires the preparation Options: Include new draft clause 32 or not. Adopt draft Clause Requirements during site for erosion and sediment control plans for site Erosion and sediment runoff from construction sites can cause 32 development works and the implementation of the control plan significant problems in terms of damage to land, pollution of Requirements during site development and construction phases waterways etc. This clause clarifies the Council’s during site on both new and re-development sites. requirements for both new and re-development sites, for development example by providing that no site works are to commence until the control plan has been approved by Council Clause 33 New clause: Without written authorisation…, no Options: Include new draft clause 33 or not Adopt draft Clause Prohibited activities person may: The current bylaw is considered to provide inadequate 33 (a) Allow any material, hazardous substance, regulation for the discharge of contaminants (other than silt, Prohibited activities chemical, sewage, trade waste or other substance solids and heat) to the stormwater system. This new clause that causes or is likely to cause nuisance to enter addresses this deficiency by creating prohibited activities either directly or indirectly (e.g. via a private (bylaw breaches) for certain activities. Subclauses (a) and (b) stormwater system) a public stormwater system. address the pollution of the stormwater system by (b) Allow any material, chemical, hazardous contaminants entering the system whether as a result of a substance or other substance likely to cause deliberate action (e.g. pouring paint into a stormwater drain) or nuisance to be located so that in the event of a because of carelessness e.g. someone placing an open spillage or as a result of a storm event, it is likely container of chemicals where it will overflow into a stormwater to enter a public stormwater system, either directly drain during a storm. Subclause(c) seeks to protect the or indirectly as part of surface runoff; or physical infrastructure of the stormwater system from damage; (c) Do anything or allow any stock or vehicles to e.g. from stock trampling/de-stabilising the banks of a do anything that damages or is likely to cause watercourse. damage to any part of any public stormwater Overall clause 33 is supported as its implementation will system. contribute towards all objectives and in particular (c)-(d) of this part of the bylaw; (c) To protect the land, structures and infrastructure of the public stormwater system (d) Prevent the unauthorised discharge of stormwater into the public stormwater system.

Clause 34 New clause: Under this clause, a range of Options: Include new draft clause 34 or not. Adopt draft Clause REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 8 176

Restricted activities activities are restricted i.e. not allowed without the This clause is supported as its implementation will contribute 34 Council’s approval. towards all objectives (a)-(e) of this part of the bylaw. While Restricted activities clause 37 of the 2008 bylaw requires Council’s approval for physical works that impact on the stormwater system - structures, alteration of watercourses, planting in setback areas etc, the 2008 bylaw does not regulate a number of the matters which staff advise should be addressed in order to protect the ongoing management and operation of the stormwater system. The proposed clause provides for these additional matters ranging from the relatively minor “entering any …pumping station building or related accessory” to the significant “discharging stormwater that exceeds minimum stormwater standards”. The proposed clause is considered to be a reasonable restriction as it provides for any of the specified activities where approved either under the bylaw or in terms of a RMA resource consent. Clause 35 New clause: requiring any person proposing to Options: Include new draft clause 35 or not. Adopt draft Clause Buried services carry out excavation work to view the as-built This new clause is supported as it will contribute to objective 35 information held by the Council and to ensure (c) To protect the land, structures and infrastructure of the Buried services Council services are located in the vicinity of the public stormwater system. proposed work are not damaged.

Clause 36 Replacement clause (clause 43 under the 2008 Options: Include new draft clause 36 or not. Adopt draft Clause Maintenance Bylaw) This new clause is supported as it will contribute to objective 36 responsibilities Clause 36 provides for privately owned (c) To protect the land, structures and infrastructure of the Maintenance stormwater systems to be designed, constructed, public stormwater system responsibilities managed to the satisfaction of the Council. Council may require the removal of any trees, plants, weeds or growths that obstruct or are likely to obstruct the free flow of water in any waterway. Part 4 Miscellaneous

Clause 37 Existing administrative clause (clause 45 of 2008 Options: retain the clause or not. Adopt draft Clause Fees Bylaw) This is a necessary administrative clause. 37 Fees Clause 38 New administrative clause Options: adopt the draft clause 38 or not. Adopt draft Clause Offence and penalty This is a necessary administrative clause 38 Offence and

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penalty Clause 39 Existing administrative clause (clause 46 of 2008 Options: retain the clause or not. Adopt Clause 39 Delegation Bylaw) This is a necessary administrative clause Delegation Clause 40 Existing administrative clause (clause 47 of 2008 Options: retain the clause or not. This is a necessary Adopt Clause 40 General Bylaw Bylaw) administrative clause General Bylaw Clause 41 Updated administrative clause (clause 48 of 2008 Options: adopt the amended clause or not Adopt Clause 41 Revocations Bylaw) This is a necessary administrative clause. Revocations

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Statement of Proposal for the Proposed Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014

This statement of proposal is made under sections 83, 83A, 86, 89 and 156 of the Local Government Act 2002.

Summary of Information

The Council proposes to revoke the Christchurch City Council Water Related Services Bylaw 2008 and replace it with the Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014.

The Council is revoking the 2008 Bylaw because, having completed a review of the Bylaw as required by the Local Government Act, there are improvements to the Bylaw that can be made and these are best done within a new Bylaw. The Council also recommends some changes that reflect new circumstances. The Council’s aim with the new Bylaw is to manage, regulate and protect from misuse or damage the Council’s water supply, wastewater and stormwater systems and to protect the public from nuisance and maintain public health and safety.

The following is a summary of the changes proposed for the new Bylaw:

Water supply: There are many wording changes proposed for the water supply part of the 2014 bylaw, most of which are intended to clarify the current 2008 provisions and do not otherwise significantly change the level of regulation of the supply. The most significant change is a requirement for new commercial and residential buildings to provide supplementary rainwater water storage e.g. tanks. This bylaw requirement would (only) apply in the following areas served by the Council community water supplies: Akaroa, Duvauchelle, Wainui, Takamatua, Pigeon Bay, Little River, Birdlings Flat areas. The reasons for introducing this change are primarily for conservation and demand management purposes.

Wastewater: There are few changes proposed to the wastewater provisions. The draft 2014 bylaw retains the 2008 provisions with only minor amendments e.g. recognition of the pressure wastewater systems.

Stormwater: The draft bylaw includes a separate part 3 of the bylaw for stormwater. Compared to the current 2008 bylaw, the draft bylaw significantly increases the level of the regulation of stormwater inflows into the public system. The draft bylaw requires an approval for stormwater to be discharged into the public system and allows the Council to set stormwater standards e.g. for quality and quantity. The reasons for the changes include the need to address certain issues for the stormwater system that have arisen following the 2011 earthquakes and to assist the Council in meeting Resource Management Act requirements for discharges from the public stormwater system into waterways and coastal waters.

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Submissions

Submissions on this proposal can be made either:

‐ through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

‐ via email to: xxxx

‐ in writing to: Submissions on the proposed Water Supply, Wastewater and Stormwater Bylaw Christchurch City Council PO Box 237 Christchurch.

Submissions on the proposal may be made to the Council between 14th July and 15th August 2014.

It is envisaged that the Council's Hearings Panel will hear oral submissions on the proposal during September 2014.

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Statement of Proposal Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014.

Introduction 1. This Statement of Proposal is prepared for the draft Christchurch City Council Water Supply, Wastewater and Stormwater bylaw 2014. 2. The documents relating to this proposal for a bylaw including the draft Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014 are attached to this Statement of Proposal and are also available on the Council’s website at www.ccc.govt.nz/HaveYourSay/ . They can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Nature of Proposal 3. The Council proposes to replace the current Christchurch City Council Water related Services Bylaw 2008 with a new bylaw called the Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014. As part of this bylaw making process the Council invites members of the public to comment on the draft 2014 Bylaw. 4. In the draft 2014 bylaw, the Council makes a large number of changes to the rules of the 2008 bylaw; these changes are designed to ensure that there is an adequate regulation for all Council’s water related services and to address certain problems which are assessed as appropriate for regulating the Council’s water related services under a bylaw. Reasons for this proposal 5. Councils are required to periodically review all bylaws made under the Local Government Act 2002 (the Act), and the Christchurch City Council has reviewed its Water Related Services Bylaw 2008 (the 2008 bylaw) as part of its ongoing bylaw review programme. Following a bylaw review, section 83 of the Local Government Act 2002 requires a Council to consult the public using the special consultative procedure. Therefore in order to make a new bylaw the Council must use the special consultation procedure. Section 155 report 6. The Council has prepared a report under section 155 of the Act. The Section 155 report provides an analysis of the existing bylaw and concludes that it is still appropriate for the Council to have a bylaw for its water related services With respect to the current bylaw the staff analysis finds that the current bylaw does not deal adequately with a number of identified issues. The current 2008 bylaw is assessed to be inadequate in addressing issues and problems relating to unauthorised connections to the water supply system, providing for the protection of the pressure wastewater systems and the control of contaminants into the public stormwater system. These and other issues require additional regulation, while other issues addressed by the current bylaw would benefit from more detailed and clearer provisions. More information on the review of the 2008 bylaw and the details and reasoning for the draft 2014 bylaw clauses can be found in the ‘Section 155 report’ which is attached to this Statement of Proposal. The report can also be found at www.ccc.govt.nz/HaveYourSay/ 7. The following is a summary of the proposed changes to the bylaw: Wastewater There are few changes proposed to the provisions of the bylaw dealing with wastewater. Staff considered the current provisions adequate and the draft 2014 bylaw retains the 2008 provisions with only minor amendments. Water Supply The most significant change is a new requirement for supplementary rainwater water storage (minimum capacity of 5000 litres). This proposal would apply for new commercial REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 182

and residential buildings, constructed after the bylaw comes into force, that are served by the Council community water supplies for the Akaroa and Little River areas (Akaroa, Duvauchelle, Wainui, Takamatua, Pigeon Bay, Little River, Birdlings Flat.)

The reasons for introducing this change are for water conservation and demand management purposes. These particular supplies which are sourced from shallow bores and small streams are subject to regular restrictions, vulnerable to disruption and the costs to Council of providing a more reliable supply, for example by providing additional bulk storage would be high. The advantages (benefits) of the proposal are assessed to include, providing an alternative to potable water for non‐potable uses such as gardening/vehicle washing, conservation of potable water, potential stormwater control and emergency preparedness. The proposal is considered to help give effect to the Council’s 2009 Water Supply Strategy, in particular Objective 1.2 “.. to ensure cost‐effective , reliable and sustainable water supplies” and Objective 3.3 “Opportunities for alternative sources for various uses are researched”. In assessing the advantages and disadvantages of this proposed requirement for supplementary storage, consideration has been given to the potential costs and benefits of the proposed bylaw requirement and to alternatives to the bylaw.

There are also many wording changes proposed for the water supply part of the 2014 bylaw, most of which are intended to clarify the current 2008 provisions and do not otherwise significantly change the level of regulation of the supply Stormwater The draft 2014 bylaw provides significantly increased levels of control over stormwater inflows into the public stormwater system in order to better manage the quality and quantity of stormwater for reasons which include enabling the Council to meet its obligations under its ‘global consents’ under the RMA. 8. The content of the proposed 2014 bylaw is designed to: (i) protect the infrastructure of the public water supply, wastewater and stormwater systems, (ii) define the obligations of the Council, installers, owners, customers and the public with regard to the public water supply, wastewater and stormwater systems, (iii) ensure that the public water supply is protected from the effects of unauthorised connections, contamination and to manage demand and prevent waste or misuse of water, (iv) protect the public stormwater system by preventing unauthorised discharges and controlling the discharge of contaminants into the system (v) clarify the existing bylaw provisions and make the bylaw easier to understand and therefore to implement and enforce.

Proposed Changes 9. More detail about the changes proposed in the draft 2014 bylaw is found in Table 1 (Clause by clause analysis of draft Water Supply, Wastewater and Stormwater Bylaw 2014 )of the section 155 report. 10. Following the submission process the Council will make any necessary changes to the draft Water Supply, Wastewater and Stormwater Bylaw 2014 and the new bylaw is likely to be operative in November 2014. The consultation process 11. The Council will listen to and acknowledge submitters concerns and provide feedback on how the submissions process influenced the Council's decision. 12. Written submissions are invited on this Statement of Proposal – Water Supply, Wastewater and Stormwater Bylaw from the 14th July to the 15th August 2014. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 183

13. Following the close of written submissions, submitters that indicated they wished to present their submission orally to the Council will be invited to speak at a hearing. Hearings will be held probably in September 2014. These hearings are open to the public to attend. The submissions will then be analysed by Council staff and compiled into a report for the councillors. The councillors will take the submissions into account during the decision making process of the Draft Water Supply, Wastewater and Stormwater Bylaw replacement. 14. Submitters will be notified of the meeting at which the Council will consider the proposal. If you wish for an opportunity to be heard in support of your submission, please indicate this in your submission. 15. The content of all written submissions, including the submitters name and address, may be made available to the public in accordance with the Local Government Act 2002.

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CHRISTCHURCH CITY COUNCIL WATER SUPPLY, WASTEWATER AND STORMWATER BYLAW 2014

The Christchurch City Council makes this bylaw pursuant to Sections 145 and 146 of the Local Government Act 2002 and Section 64 of the Health Act 1956.

1. SHORT TITLE AND COMMENCEMENT

(1) This bylaw is the Christchurch City Council Water Supply, Wastewater and Stormwater Bylaw 2014.

(2) This bylaw comes into force on ?.

2. PURPOSE

(1) The purpose of this bylaw is to:

(a) manage, regulate and protect from misuse or damage the Council's water supply, wastewater and stormwater systems;

(b) protect the public from nuisance and maintain public health and safety.

3. INTERPRETATION

In this bylaw, unless the context otherwise requires: BACKFLOW means the unplanned reversal of flow of water or mixtures of water and contaminants into the water supply system.

BANK, in relation to a Waterway means the area from the edge of the bed of the Waterway to the shoulder of the Waterway.

BOUNDARY means any boundary which is shown on a survey plan approved by the Chief Surveyor and which is deposited in the Titles Office, whether or not a new title has been issued.

CHIEF EXECUTIVE means the principal administrative officer, as defined in section 42 of the Local Government Act 2002.

COMMERCIAL WATER SUPPLY means a metered water supply for all purposes for which water is supplied, other than for ordinary use, and which may be subject to specific conditions, limitations, fees and charges. Commercial supply includes but is not limited to the supply of water to Trade Premises, educational and health services and rural residential properties.

COMMON PRIVATE DRAIN means a drain which passes through or serves separately owned premises but excludes land held under strata titles, company share block titles, cross lease titles, and unit titles.

CONDENSING WATER means any water used in any trade, industry, or commercial process or operation in such a manner that it does not materially change its chemical or physical state.

CONNECTION BOX or ‘meter box’ means the service valve, meter (where fitted), and associated fittings installed and maintained by the Council at a location convenient to the Council on the service pipe or at the supply pipe or at the point of supply

CONTAMINANT has the same meaning as defined in Section 2 of the Resource Management Act 1991.

COUNCIL means the Christchurch City Council. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 185

CUSTOMER means the person, or the authorised agent, who uses, or has the right to use, the water supply or wastewater system supplied by the Council, or its agent

DIRECT CONNECTION includes any buried outlet or any arrangement of pipes, hoses or Fittings temporary or otherwise which renders possible Backflow into the water supply system.

DISTRICT has the same meaning as defined in Section 5 of the Local Government Act 2002.

DRAIN means wastewater drain or stormwater drain; and drainage has a corresponding meaning.

DRAINAGE WORKS includes all lands, drains, pipes, treatment works, buildings, machinery, and appliances and other things of any kind vested in the Council or acquired or constructed or operated by or under the control of the Council for or relating to the purpose of drainage, whether within or outside the district.

ENVIRONMENT has the same definition as under the Resource Management Act 1991

FIRE PROTECTION SYSTEM means a fixed system of sprinklers, pipes, tanks, control valves, outlets and related fixed components used to control or extinguish fires but does not include fire hose reels.

FIRE SERVICE SUPPLY means a supply of water to premises solely for the purpose of being used in the event of fire.

FITTING means any apparatus or appliance together with the necessary accessories and connection which may be attached to or associated with the plumbing or drainage system of any premises, or which is intended for the collection or retention of any waste materials or liquid wastes for ultimate discharge to a drain.

METER means a Council owned meter to measure the flow of water supplied.

OCCUPIER means any person, including the owner, who for the time being, is in control of any premises.

ON DEMAND SUPPLY means a water supply which is available ‘on demand’ directly from the point of supply subject to the agreed level of service.

ORDINARY USE means the use of water for domestic purposes (other than for a rural residential dwelling) which may include use in a fire sprinkler system to NZ 4517, washing down a car or boat, garden watering by hand or fixed or portable garden sprinkler.

OUTFALL means an extension of a private stormwater drainage system to the point where it connects to the public system.

PERMIT means any permit or consent required by this bylaw or any relevant legislation.

POINT OF SUPPLY means the point where the responsibility for ownership and maintenance of the water pipes passes from the Council to the Customer. Where the connection box is on public land the point of supply is where the supply pipe crosses the property boundary. Where the connection box is on private land, the point of supply is where the service pipe crosses the property boundary. (Council will own and maintain the pipes, valves and meters within the connection box but all pipes outside of the connection box on private property remain the responsibility of the property owner.)

PREMISES means the following: a) A property or allotment which is held under a separate certificate of title or for which a separate certificate of title may be issued and in respect of which a building consent has been or may be issued or REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 186

b) A building or part of a building which has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is available; or c) Land held in public ownership (e.g. reserve) for a particular purpose.

PRIMARY STORMWATER SYSTEM means a set of facilities and devices (e.g. pipes, drains, detention ponds, curb and channelling and waterways) either man-made or natural, which are used to convey stormwater, reduce the risk of flooding and to improve water quality.

PRIVATE DRAINAGE SYSTEM means the system of pipes and fittings installed on the premises (including a private drain and a private common drain) to convey the wastewater of the premises to the public wastewater system and where a public system is not available includes any approved disposal systems within or outside the confines of the premises.

PRIVATE PROPERTY means any property or land held in private ownership and includes any private road, right of way or easement relating to a property.

PRIVATE STORMWATER SYSTEM means any stormwater system that serves one or more lots where the lots are in common ownership or used for a common activity where such systems are constructed by or vested in private ownership and not managed or maintained by Council

PUBLIC STORMWATER SYSTEM includes any stormwater system that serves more than one lot and is not part of a private stormwater system

RESIDENTIAL SUPPLY (standard supply) means a category of metered water supply to a residential building which is available on demand directly from the Point of Supply subject to an agreed level of service and any fees and charges as set out in the Council’s Long Term and/or Annual Plans.

REGIONAL PLAN means any relevant operative or proposed regional plan prepared by the Canterbury Regional Council (Environment Canterbury) under the Resource Management Act 1991 e.g. the Canterbury Natural Resources Regional Plan (NRRP)

RESTRICTED SUPPLY A type of water supply connection where a small flow is supplied through a flow control device (restrictor) at a regulated flow rate as determined by the Council and charged on a per unit basis.

RESTRICTOR means a device installed within the Connection to control the flow of water to a premises.

SANITARY FIXTURE means any fixture which is intended to be used for sanitation, personal washing or excretion.

SECONDARY METER means a privately owned and maintained meter on the customer’s side of the connection box which measures the water consumption (for billing purposes) of each occupier when a single premises has multiple occupiers

SECONDARY STORMWATER SYSTEM means any flow paths taken by stormwater when the primary stormwater system is over capacity and includes roads and overland flow paths.

SERVICE PIPE means the section of water pipe between a water main or sub main and the connection box.

SERVICE VALVE (toby or shut-off valve) means the Council’s valve in the Connection box or on the Council’s side of the point of supply.

STORAGE TANK means any tank having a free water surface.

STORMWATER In the context of Part 3 of this Bylaw the term stormwater means: any water which enters directly (e.g. through a pipe or stormwater drain) or overland into the public stormwater system. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 187

[ As defined ‘stormwater’ may include as well as rainwater and surface water runoff, ground and artesian water, overflows from the wastewater system, water from site development and construction activities e.g. water from the dewatering of sites. and subject to the Council’s approval, condensing or cooling water.]

STORMWATER RETENTION SYSTEM means a structure or land form (such as a basin or tank) that captures some stormwater inflow and subsequent releases it at a reduced rate

STORMWATER SYSTEM, includes both the primary and secondary storm water systems including any facilities for the retention or treatment of stormwater

STORMWATER DRAIN means a drain primarily for the reception and discharge of Stormwater.

SUPPLY PIPE means the pipe between the connection box and the customer's premises through which water is conveyed to the premises.

SURFACE WATER means all naturally occurring water, other than subsurface water, which results from rainfall on the site or water flowing onto the site including that flowing from a drain, stream, river, lake or sea.

TRADE PREMISES means any premises used or intended to be used for carrying on any trade or industry; and includes any land or premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes.

WASTE DISPOSAL UNIT means a device designed to disintegrate organic waste material to a state suitable for disposal to a wastewater drain.

WASTEWATER DRAIN means a drain primarily for the reception and discharge of sewage and including any fittings owned by the Council whether on private or public land, such as the fittings associated with a pressure waste water system.

WATER SUPPLY SYSTEM means all those components of the water supply network between the point of abstraction from the natural environment to the premises.

WATERWAY includes a watercourse (as defined in Section 2 of the Soil Conservation and Rivers Control Act 1941) and drainage channel (as defined in Section 503 of the Local Government Act 1974), and any open drain or waterway as defined in the relevant district plans and the regional plan prepared under the Resource Management Act 1991.

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PART 1 WATER SUPPLY

4. OBJECTIVES

(1) The objectives of this part of the Bylaw are to:

(a) Promote the efficient use of water, manage demand for water and protect against waste or misuse of water.

(b) Protect the water supply from contamination.

(c) Regulate the use of land, structures and infrastructure associated with the water supply system to protect from these assets from damage, misuse, or loss.

(d) Prevent unauthorised connection to the water supply system.

(e) Define the obligations of the Council, installers, owners and the public in matters related to the water supply system.

(f) Determine the volumes of water consumed on any premises for rating purposes and/or to locate any water leaks at the premises.

CONDITIONS OF SUPPLY

5. REQUIREMENT FOR APPLICATION

(1) The Council requires all applications relating to the supply of water to be made in writing on the form provided by the Council, and to include, where relevant, a plan showing proposed works and to be accompanied by payment of the prescribed charges (if any).

(2) At its discretion, the Council may decide that a new Customer taking over an existing supply is not required to make an application for connection and supply.

(3) The Council may require an existing Customer to make a new application for the supply of water where there is a change in the use of a premises e.g. from retail to industrial, or there is a change in the hazard rating for water protection.

(4) Except where the Council exercises its discretion under 5(2) or 5(3) not to require a new application, a written water supply application is required for any of the following:

(a) a connection to the water supply system and supply of water; (b) a change to the type of supply (e.g. from restricted to on demand); (c) a change to classification (e.g. from residential to commercial supply) or to the terms and conditions of supply; (d) a change to the location of the point of supply; (e) an additional point of supply/ supply of water; (f) a change in the level of service of supply e.g. quantity of water (g) a temporary water supply for an event. (h) a connection and supply for a fire protection system.

The following note is explanatory and is not part of the bylaw: The Council will not refuse any application for supply if that would require the disconnection of a current water supply except in accordance with this Bylaw, or as provided for in the Local Government Act 2002 or the Health Act 1956.[Include a link to the application form and the guidance notes??]

6. APPROVAL OF APPLICATIONS FOR CONNECTION AND SUPPLY

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 189

(1) On receipt of an application the Council will either approve the application and inform the applicant of the type of supply, the level of service and any conditions applicable to the applicant’s supply, or refuse the application and notify the applicant of the decision, giving reasons for the refusal.

(2) There will be only one point of supply for each premises, except where specifically approved (e.g. for a domestic fire protection system).

(3) No person may connect or allow the connection of any fittings to the water supply system, except with the prior approval of the Council.

(4) No person may run a privately owned supply pipe on Council owned property without the prior written approval of the Council

(5) If the Council considers backflow prevention measures are necessary or desirable, the Council will require any applicant under this clause to pay for and install a backflow prevention device approved by the Council before the Council allows the connection or continuation of a connection of any premises to the water supply system.

(6) An application under clause 5 may be approved by the Council as either an on demand supply or a restricted supply and classified as either a residential supply or a commercial supply, as the Council thinks fit.

(7) Where the Council determines, either at the time of application or subsequently (e.g. as a result of monitoring of the actual use), that the use of water by a residential premises is significantly in excess of an ordinary residential use, the Council may, at any time, reclassify the supply of water to the premises as a commercial supply and charge the customer at the commercial supply rate.

7. FIRE PROTECTION SYSTEMS

(1) A fire protection system must be constructed, installed and operated so that water cannot be drawn from it for any other purpose, and must be independent of any other water connection on the premises.

(2) Where, in the opinion of the Council, an existing fire connection is so constructed or so located so water is, or is likely to be drawn from it or from any part of it by any person for purposes other than fire fighting, the Council will require a meter to be installed on the fire connection.

(3) The Council will not charge for water used for the purpose of extinguishing fires.

(4) Fire hose reels must only draw water from the domestic supply and be used for fire protection purposes.

(5) If a fire fighting connection fee is prescribed by the Council it must be paid by the customer to the Council in respect of each fire connection provided for a fire protection system.

8. CUSTOMER RESPONSIBILITIES IN ACCEPTANCE OF SUPPLY

(1) The customer must comply with the requirements of this bylaw, including any conditions of approval of an application under clause 5 and any other reasonable directions of the Council.

(2) In the case of any supply where special conditions of supply are required, the applicant or Customer must enter into such agreement as the Council may require in relation to that supply and the Council may determine the method of supply.

(3)The customer must not transfer to any other party the rights and responsibilities set out in their conditions of supply or in this bylaw.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 190

(4) A supply pipe must serve only one premises and the customer must not extend the supply pipe, by hose or any other pipe, to any other premises.

(5) In particular and not in limitation of the above, any water which the customer draws from the Council supply must not be provided to any other party or premises without the prior written permission of the Council.

9. RESPONSIBILITY FOR MAINTENANCE

(1) The Council will own and maintain any pipe up to the point of supply (private property boundary) and the Connection box, including the service valve, the meter (where fitted), any restrictor (where fitted) isolation valve and unions either side of the meter.

(2) The Council does not guarantee the serviceability of the service valve. The customer may use the service valve to isolate the supply to the customer’s premises. If the service valve is damaged by the customer the Council may charge the customer for the cost of the repair.

(3) Where the connection box is located on private property, the customer must maintain the area in and around the connection box by keeping it free of growth, or other matter or any obstruction which prevents, or is likely to prevent convenient access. Where the customer fails to keep access to the connection box free of growth or other obstructions, the Council may carry out any work necessary to remove any obstruction and may charge the customer for the cost of such work.

(4)The customer will own and maintain the service pipe where it is located on private land and the supply pipe and, any fittings (e.g. backflow prevention device) on the customer’s side of the point of supply.

(5) Where in the opinion of the Council any pipe or fitting on the customer’s side of the point of supply has been damaged or is of inferior quality or workmanship, or is causing or is likely to cause water to be wasted or is insufficient for the proper supply of water, the Council may give the customer notice in writing requiring any work specified in the notice to be carried out in within the timeframe specified in the notice.

(6)Where the customer fails to carry out any required work within the time period specified in the notice under subclause (5); in addition to any other remedies the Council may charge the customer for the supply of water at the commercial supply rate.

The following note is explanatory and is not part of the bylaw: The Council’s policy for the water supply pipes installed in private land (2001).(Attachment XY to this bylaw). The policy is also listed on Council’s website under ‘Policies’

10. CONTINUITY OF SUPPLY

(1) The Council will endeavour to provide water in accordance with the level of service contained in the Long Term Plan but does not guarantee a constant flow of water or any maximum or minimum pressure.

(2) Nothing in this bylaw should be construed as obliging the Council to provide or continue to provide a supply of water to any premises. No allowance or compensation will be made or allowed by the Council if the water supply is restricted or interrupted, or if there is any change of pressure in the supply.

(3) If a customer has a particular requirement for an uninterrupted flow, pressure or quality of water supply, it is the responsibility of that customer to provide any necessary storage, back up facilities or equipment necessary to meet that level of service.

The following note is explanatory and is not part of the bylaw: The Council as water supplier has certain obligations under Section 69S of the Health Act 1956 for the supply of drinking water. The Council must take all practicable steps to ensure an adequate REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 191

(continuous) supply of water to Customers except for necessary interruptions e.g. due to an emergency or during planned work on the water supply system. If the Council gets the approval of the Medical Officer of Health and takes all practicable steps to inform affected customers, interruptions to supply may exceed eight hours.

11. LIABILITY

The Council is not liable for any damage to any private drainage system or for any loss or inconvenience to any Customer as a result of any connection to the water supply system.

12. NOTICE WHEN SUPPLY NOT REQUIRED

(1) When any premises supplied with water by the Council becomes unoccupied or for any other reason a supply of water is no longer required, the customer must immediately give notice in writing to the Council.

(2) If the water supply connection has not been used for a period of 12 months or it is left in a condition that could be detrimental to the water supply system, the Council may disconnect the water supply connection. If a reconnection is required application must be made in accordance with clause 5 of this bylaw.

DEMAND MANAGEMENT

13. RESTRICTIONS ON WATER USE

(1) If at any time the Chief Executive considers that because of drought or for any other reason an adequate supply of drinking water may be at risk and that measures are necessary in order to conserve the available water supply, the Chief Executive may, by notice, restrict or prohibit the use of water for any specified purpose or for any specified period. Any restriction or prohibition may apply to the whole of the District or a portion only of the District.

(2) No person may use any water, or allow any water to be used in contravention of any restriction or prohibition made under this clause.

(3) When such restrictions apply, the Council will take all practicable steps to ensure that an adequate supply for domestic purposes is provided to each point of supply.

The following note is explanatory and is not part of the bylaw: The Council can also restrict the water supply for non payment of any account or failure to remedy a water leak (see section 69S of the Health Act 1956) or for any of the reasons set out in section 193 of the Local Government Act 2002, including for any breach of this Bylaw. Any restricted supply must still provide an adequate supply of drinking water under the Health (Drinking –water Amendment (2007)) Act. .

14. Prevention of waste and water efficiency

The following note is explanatory and is not part of the bylaw: Section 192 of the Local Government Act 2002, states that“A person who is supplied with reticulated water by, or on behalf of, a local authority must not waste the water or allow it to be wasted.” Wasting water is an offence under s224 of the Act.

(1)The Council supplies potable water for consumptive use and unless specifically approved by the Council the customer must not use water for: (a) a single pass cooling system; or (b) for the dilution of trade waste prior to disposal; or (c) for driving lifts, generators, condensers, machinery, or other similar devices,.

(2) Any air conditioning or industrial plant using water from the water supply system for cooling purposes must have water conservation equipment so that the consumption is limited REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 192

to that required to make up reasonable losses due to evaporation, wind, flushing, and similar effects.

The following note is explanatory and is not part of the bylaw: Discharge of cooling water must comply with parts 2 and 3 of the bylaw. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 193

15. Requirement for supplementary water storage for Akaroa and Little River areas

(1) Within the Council water supply areas of Akaroa, Duvauchelle, Takamatua, Wainui, Pigeon Bay, Little River and Birdlings Flat (Schedule 1 to this bylaw) a tank or facility with a minimum capacity of 5000 litres is required for all new premises constructed in these areas after this bylaw comes into force for the purpose of collecting and storing rainwater for non potable purposes only. The following note is explanatory and is not part of the bylaw: Examples of non potable water use include toilet flushing and the watering of gardens.

(2) If there is any potential for possible contamination of the public water supply system from the supplementary water storage tank or facility, backflow prevention measures must be installed to the satisfaction of the Council. The following note is explanatory and is not part of the bylaw: Further information about the requirement under Clause 15 can be found on the Council’s website.

16. PROTECTION OF WATER SUPPLY SYSTEM

(1) No person may enter onto any fenced land or any building owned or occupied by the Council which is set aside for the protection of source water or for a public water supply facility without first obtaining the permission of the Council.

(2) No person other than the Council and its authorised agents may access any part of the water supply system without prior written approval of the Council, except to operate the service valve.

(3) Except as set out in clause 17, no person may make any connection to, discharge into, or otherwise interfere with or take water from, any part of the water supply system without prior written approval of the Council.

(4) Where a restrictor or meter is damaged, without prejudice to other remedies available, the Council may assess and recover the value of water drawn without authorisation.

17. FIRE HYDRANTS

No unauthorised connection or interference

(1) Except in an emergency, no person other than a member of the Fire Service may take water from standpipes or hydrants or any other part of the water supply system without prior written approval of the Council.

(2) Fire Service personnel may gain access to, and draw water from fire hydrants for the purposes of fighting fires, emergency management, training, and testing.

Other Uses

(3)The right to gain access to, and draw water from the water supply system for uses other than fire fighting (e.g. flow testing or pipe flushing) is restricted to:

(a) The Council or its authorised agents. (b) Permit holders, being those persons who have prior written approval of the Council to draw water from a fire hydrant.

The following note is explanatory and is not part of the Bylaw: The Council will only allow the use of water from a fire hydrant if Council approved metered standpipes are used to draw the water and payment is made to the Council for the water supplied. Approved standpipes can either be hired from Council authorised agents or permitted users can have their own standpipes approved by the Council.

(4)The Council may seize and impound any equipment used by an offender to gain access to, or draw water from a fire hydrant, in accordance with either section 164 or 165 of the Local REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 194

Government Act 2002, whichever is applicable. The Council may assess and recover the value of any water drawn without authorisation and recover any other associated costs incurred by the Council.

18. BACKFLOW PREVENTION

Customer Responsibility

The following note is explanatory and is not part of the Bylaw: It is the customer's responsibility under the Health Act 1956, and the Building Act 2004 to take all necessary measures on the customer's side of the point of supply to prevent water which has been drawn from the Council's water supply from returning to that supply.

Fire protection systems that include appropriate backflow prevention measures would generally not require additional backflow prevention, except in cases where the system is supplied by a non-potable source or a storage tank or fire pump that operates at a pressure in excess of the Council’s normal minimum operating pressure.

(1)The Council may require the Customer to provide backflow prevention either by ensuring an adequate air gap or by installing a Council approved backflow prevention device to prevent any cross-connection between the Council water supply and i) Any other water supply (potable or non-potable) ii) Any other water source iii) Any storage tank iv) Any other pipe, fixture or equipment containing chemicals, liquids, gases, or other non-potable substances.

Unmanaged Risk (2) Notwithstanding clause 18(1) the Council may fit a backflow prevention device on the customer side of the point of supply where the customer cannot demonstrate that the risk of backflow is adequately managed. The Council may recover the cost of installing the device from the customer.

WATER METERS

The following note is explanatory and is not part of the Bylaw: It is the Council’s policy to install water meters on all supplies for the purposes of monitoring water consumption and detecting leaks, and in respect of certain categories of supply for the purpose of volumetric charging. Fees and charges can be found in the Council’s long term and annual plan documents.

19. INSTALLATION

(1) For any premises there shall be only one metered supply, unless otherwise approved by the Council.

(2) All new connections for fire protection systems must have a meter of a type that has minimal pressure loss characteristics as specified by the Council.

(3) All meters (others than secondary meters referred to in 19 (4) below) are supplied installed and maintained by the Council, and remain the property of the Council.

(4) Where one or more secondary meters are fitted, whether as a result of a requirement of the Council or at the request of the customer(s), all such meters are the property of the customer(s) who must pay for all costs relating to these secondary meters including for the installation, maintenance, monitoring and reading of the meters.

20. READING OF METERS AND ACCOUNTS

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(1) Meters will be read, and where applicable, accounts rendered, at such intervals as the Chief Executive may determine.

(2) Meter readings made at the request of the Customer will be charged for as determined by the Council. (3) The Customer must pay all charges for the supply of water as determined by the Council.

21. ESTIMATED ACCOUNTS

(1) If any meter is out of repair or ceases to register, the Council will estimate the consumption for the period since the previous reading of the meter excluding the period while it is under repair, based on the average of the previous available consumption periods for that Customer.

(2) Clause 21(1) is subject to the requirement that when, by reason of a large variation of consumption due to seasonal or other causes, the average of the previous periods would be an unreasonable estimate of the consumption, the Council may take into consideration other evidence for the purpose of arriving at a reasonable estimate.

(3) The Council’s decision is final, and the customer must pay the estimated account.

22. PROTECTION OF METERS

Where Meters are to be installed on the premises the customer must:

(a) Provide a Council approved site within the premises for the meter; (b) Take sufficient precaution to protect the meter from damage at all times; (c) Enclose the meter in a suitable box or other enclosure and in cases where natural support is absent must provide suitable wall brackets or other support; and (d) Ensure that the meter is readily accessible for reading and servicing at all times.

23. TESTING OF METERS

If a customer disputes the accuracy of a meter the Customer may apply to the Council for, and pay a fee to have, the meter tested. If the meter is found to be over-reading the test fee will be refunded.

24. METER ACCOUNT ADJUSTED

If any meter, after being tested, is found to be reading incorrectly, the Council will make an adjustment to the customer’s account in accordance with the results of the test and the customer must pay or be refunded where the original account has already been paid, according to the adjusted account.

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PART 2 WASTEWATER

25. OBJECTIVE

The objective of this part of the bylaw is to manage, regulate against, or protect from, damage, misuse, or loss, or prevent the use of, the land, structures and infrastructure associated with wastewater drainage

26. PROTECTION OF THE DRAINAGE WORKS

Unless authorised by the Council no person may:

(a) Cause or allow the entry into any drain or fitting any material or thing except such matter that is normally discharged through a residential drain.

(b) Enter any drain, pumping station building or related accessory, or any wastewater treatment area.

(c) Operate, remove, cover or interfere with any cover of any manhole, inlet or other equipment associated with any drain.

(d) Erect any structure, other than a boundary fence, over, or within a distance of one metre from the side of any public drain.

(e) Lay any public or private utility service or private drain:

(i) Along the line of an existing public drain; or

(ii) Within a parallel distance of one metre from the nearest part of any public drain

27. WASTEWATER DRAINS

(1) Unless authorised by the Council no person may:

(a) Cause or allow any water from a water pipe, artesian well, ram or other hydraulic appliance or any surface water, subsoil drainage, roof water or condensing water to enter a wastewater drain or a drain connected with a wastewater drain.

(b) Cause or allow any water which may contain fat, sediment or other extraneous matter to be discharged from a butcher’s shop, fish shop, restaurant or other premises (except a dwelling) where food is prepared, processed or served, directly to a wastewater drain or a dain connected to a wastewater drain.

(c) Use any waste disposal unit connected to any drainage works other than for the purpose of disposing of ordinary domestic household waste.

(d) Cause or allow any steam, or any other matter (solid or liquid) at a temperature higher than 40°C to pass into any wastewater drain.

(2) Customers with a pressure wastewater system, or any other system that is connected to the drainage works, must use that system in accordance with any operating manual or guidelines for that system.

The following note is explanatory and is not part of the Bylaw: The guidelines for pressure systems owned and/or installed by, or required by the Council are available on the Council’s website under ‘Wastewater’.

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PART 3 STORMWATER

The following note is explanatory and is not part of the Bylaw: This part of the Bylaw is to help manage stormwater within Christchurch City so as to protect people, property and the environment by minimising the impact of flooding, erosion and contamination of stormwater. This Bylaw is in addition to controls on stormwater imposed by the Canterbury Regional Council and Christchurch City Council under the Resource Management Act 1991, the Building Act 2004, or any other Act, Regulation or Bylaw.

28. OBJECTIVES

a) To control the discharge of contaminants into the public stormwater system.

b) To enable the Council to meet relevant objectives, policies and standards for discharges from the public stormwater system.

c) To protect the land, structures and infrastructure of the public stormwater system

d) Prevent the unauthorised discharge of stormwater into the public stormwater system.

e) Defining the obligations of the Council, installers, owners and the public in matters related to the discharge of stormwater and management of stormwater systems

CONSTRUCTION OR ALTERATION OF STORMWATER SYSTEMS

29. ACCEPTANCE OF STORMWATER

(1) Every premise is entitled to have its stormwater accepted by Council subject to:

(a) The premises lying within an area which is serviced by a public stormwater system;

(b) There being sufficient capacity within the public stormwater system. If the capacity is not sufficient, then at the cost of the owner or applicant; the public stormwater system must be upgraded or the discharge of stormwater must be adequately controlled within the premises or an alternative solution must be found.

(d) Fulfilment of the requirements of this Bylaw, any relevant consent, the Resource Management Act 1991, Building Act 2004, or any other Acts, Regulations or Bylaws.

30. APPLICATIONS FOR USE OF THE SYSTEM

(1) Without the prior written approval of the Council, no person other than a Council Officer may discharge stormwater into the public stormwater system or make a connection to, alter, or otherwise interfere with any facet of any public stormwater system or secondary flow path or discharge stormwater which exceeds the stormwater standards under clause 34(l) of this bylaw, except where the discharge, connection or work is specifically authorised by a resource consent from Environment Canterbury or a building consent.

(2)Unless otherwise approved by the Council, every application for approval to discharge to the public stormwater system or to carry out any work affecting the public stormwater system must be in writing and include all the information required by Council together with payment of REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 198

any charges. An application is required whether or not a public stormwater system has already been laid up to the outfall.

(3) Following receipt of any application (for works affecting the stormwater system or to discharge stormwater to the stormwater system) Council may after considering the proposal and site specific information, either approve the application subject to any conditions for the protection of the public stormwater system or decline the application. Council will notify the applicant in writing of its decision and if an application is declined, give reasons for its decision.

31. DESIGN AND OTHER REQUIREMENTS

(1) Unless authorised by the Council, all proposed stormwater systems and any proposed alterations to any existing stormwater systems must be designed, constructed and operated in accordance with the following:

(a) Environment Canterbury Erosion & Sediment Control Guidelines,

(b) Christchurch City Council Christchurch Waterways, Wetlands and Drainage Guide Parts A and B

(d) Christchurch City Council Civil Engineering Construction Standard Specifications

(e) Any relevant Stormwater Management Plan

(f) The District Plan

(g) Any relevant Regional Plan

(h) Any resource, building or other consent(s) relevant to the works; and

(i) Any written conditions imposed by Council when approving the works.

The following note is explanatory and is not part of the Bylaw: Council may require the installation and maintenance of private stormwater systems (e.g. detention or treatment basins, swales, rain tanks, etc) as part of development or redevelopment of a property in order to attenuate and/or treat the flow of stormwater prior to outfall into the public stormwater system.

(2) For sites being re-developed, Council may require retrofit stormwater mitigation to treat or retain stormwater runoff from all or some part of existing impervious areas.

(3) Council may require treated stormwater discharges or discharges from coated roofs of commercial or residential properties to outfall into a separate part of the public stormwater system from untreated or contaminated discharges.

(4) As-built plans showing details of all new connections or alterations to the public stormwater system must be provided to Council within the time frame specified in Council’s written approval.

32. REQUIREMENTS FOR SITE DEVELOPMENT

(1) Unless authorised by the Council, an Erosion and Sediment Control Plan must accompany all applications for new or re-development sites. The design and performance criteria of the Plan shall be in accordance with the current version of the Environment Canterbury Erosion Sediment Control Guidelines.

(2) No site works are to commence until the Erosion and Sediment Control Plan has been approved by Council. The Erosion and Sediment Control Plan shall be implemented on site during the construction phase . REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 199

PROTECTION OF PUBLIC STORMWATER SYSTEMS

33. PROHIBITED ACTIVITIES

Without the written authorisation of the Council, no person may:

(a) Allow any material, hazardous substance, chemical, sewage, trade waste or other substance that causes or is likely to cause a nuisance to enter either directly or indirectly a public stormwater system (e.g. via a private stormwater system).

(b) Allow any material, chemical, hazardous substance or other substance likely to cause a nuisance to be located so that in the event of a spillage or as a result of a storm event, it is likely to enter a public stormwater system, either directly or indirectly as part of surface runoff; or

(c) Do anything or allow any stock or vehicles to do anything that damages or is likely to cause damage to any part of any public stormwater system.

34. RESTRICTED ACTIVITIES

Unless authorised by the Council, no person may:

(a) Erect or construct any bridge, culvert, dam, weir, crossing or other similar structure in, on or over any waterway within a public stormwater system.

(b) Erect any structure or undertake earthworks, grow any vegetation, deposit any rubbish or other debris or carry out any activity in a place or manner which is likely to cause nuisance or damage to a public stormwater system.

(c) Obstruct or fill within any overland flow paths or floodplains with any material or structures (e.g. buildings, fences, retaining walls).

(d) Remove any existing covering material or place any additional material over or within one metre of any part of a public stormwater system.

(e) Enter any public drain, waterway, pumping station building or related accessory.

(f) Cover, remove, alter or block (partially or fully) any service opening such as manholes, catchpits or any other stormwater infrastructure.

(g) Erect a structure, place any material or plant any vegetation (e.g.; tree or hedge) where it could impede access by machinery or apparatus used to clean, maintain or improve any part of a proposed or existing public stormwater system.

(h) Erect a structure or lay any utility service over or within a distance of one metre from the side of any public stormwater system.

(i) Widen, deepen, dam, divert, make narrower or alter the course of any waterway within a public stormwater system.

(j) Modify the bank structure of any open waterway within a public stormwater system or plant any vegetation on the banks in such a way as to alter the flow of stormwater, cause destabilisation or create other nuisance.

(k) Allow stormwater originating from within or flowing into their land to discharge onto or into a neighbouring property, other than what would naturally occur from the pre- developed condition, in a manner that is likely to cause nuisance or damage unless the discharge is authorised by a resource consent from Environment Canterbury.

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(l) Discharge stormwater which exceeds the minimum stormwater standards (Attachment ZZ) unless the discharge is specifically authorised by a resource consent from Environment Canterbury.

The following note is explanatory and is not part of the Bylaw: In the event of the roots of any tree on any private property causing or being likely to cause damage, interference to the flow, or blockage to any facet of a public stormwater system, Council will follow the procedure set out in section 468 of the Local Government Act 1974.

35. BURIED SERVICES

(1) Any person proposing to carry out excavation work must view the as-built information [held by the Council to establish whether or not Council services are located in the vicinity of the proposed work.

(2) Locating the actual position and depth of existing lines is the responsibility of the person undertaking the work or their representative.

(3) When excavating and working around buried services, care must be taken to ensure the services are not damaged, and that bedding and backfill is reinstated in accordance with the appropriate Council specification.

36. MAINTENANCE RESPONSIBILITIES

(1) All privately owned stormwater systems must be designed, constructed, managed and maintained by the owner, at the owner’s expense or by some other arrangement acceptable to the Council.

(2) All privately owned stormwater systems including open watercourses, stopbanks and other parts of the systems are to be maintained by or at the expense of the owner to ensure free flow of water. Rubbish or debris must not be left on a property in a manner that is likely to cause a nuisance.

(3) Council may require the removal of any trees, plants, weeds or growths that obstruct or are likely to obstruct the free flow of water in any waterway.

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PART 4 MISCELLANEOUS

37. FEES

(1) Where this bylaw provides for the Council to issue a certificate, permit, or consent, or give its authority of approval for anything, or carry out an inspection, the Council may require the payment of a fee. Any such fee will be prescribed by the Council under section 150 of the Local Government Act 2002.

(2) Where this bylaw provides for a Connection to the water supply system or the wastewater or stormwater system, or the provision of any good, service, or amenity the Council may require payment of a fee for that service, as determined by the Council from time to time by resolution publicly notified.

38. OFFENCE AND PENALTY

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

The following note is explanatory and is not part of the Bylaw: There are also offences and penalties provided for in the Local Government Act 2002 and the Health Act 1956 (and other Acts) concerning water related issues, or damage to Council property. For example, see sections 224-228, 232, and 242 of the Local Government Act 2002, and section 69ZZO of the Health Act 1956

39. DELEGATION

In this bylaw where any written permission or approval of the Council is required, that approval may be given by the Chief Executive, and the Chief Executive may delegate all or part of that function to any other officer of the Council.

40. CHRISTCHURCH CITY COUNCIL GENERAL BYLAW 2008

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.

41. REVOCATIONS

The following bylaws are revoked:

● Christchurch City Council Water Related Services Bylaw 2008

The initial resolution to make this bylaw was passed by the Christchurch City Council at a meeting of the Council held on the X 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 the X. ______

EXPLANATORY NOTE This bylaw was adopted following a review of the Water Related Services Bylaw 2008 under section 159 of the Local Government Act 2002

There are a number of Council policies that relate to water supply wastewater and stormwater which are relevant to the interpretation of this bylaw including:

● Authorised Water Supply Installer Scheme (27 March 2003) ● Reading of Water Meters (28 September 2000) ● Water Supply - Backflow Prevention (25 February 1999) ● Water Supply Pipes Installed In Private Land (26 April 2001) ● Waterways land drainage management (22 June 1992) REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 8 202

The current version of these and other policies can be found on the Council’s website www.ccc.govt.nz under ‘Policies’

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CHRISTCHURCH CITY COUNCIL WATER RELATED SERVICES BYLAW 2008

Pursuant to Section 145 and 146 of the Local Government Act 2002 and Section 64 of the Health Act 1956 the Christchurch City Council makes this bylaw.

1. SHORT TITLE, COMMENCEMENT AND PURPOSE

(1) This bylaw is the Christchurch City Council Water Related Services Bylaw 2008.

(2) This bylaw shall come into force on 1 July 2008.

(3) The purpose of this bylaw is to manage and regulate the Council's water supply, wastewater and stormwater drainage. The Bylaw does not manage or regulate matters that are already provided for in the Local Government Act 2002, the Building Act 2004, or the Health (Drinking Water) Amendment Act 2007 or the Resource Management Act 1991 (RMA). Any person who has permission under any other bylaw, act, regulation, or resource consent to carry out any activity, that conflicts with any requirement of this bylaw, does not breach this bylaw when acting in accordance with that permission.

2. INTERPRETATION

In this bylaw, unless the context otherwise requires:

‘BACKFLOW’ means the reversal of flow of water or mixtures of water and Contaminants into the Public Water Supply.

‘BANK, OR BANKS’ in relation to a Waterway means the area from the edge of the bed of the Waterway to the shoulder of the Waterway.

‘BOUNDARY’ means any boundary which is shown on a survey plan approved by the Chief Surveyor and which is deposited in the Titles Office, whether or not a new title has been issued.

‘CHIEF EXECUTIVE’ means the principal administrative officer, as defined in section 42 of the Local Government Act 2002.

‘COMMON PRIVATE DRAIN’ means a Drain which passes through or serves separately owned premises but excludes land held under strata titles, company share block titles, cross lease titles, and unit titles.

‘CONDENSING WATER’ means any water used in any trade, industry, or commercial process or operation in such a manner that it does not materially change its chemical or physical state.

‘CONNECTION’ means the valve, Meter, and associated Fittings installed and maintained by the Council at a location convenient to the Council on the Service Pipe or at the Supply Pipe or at the Point of Supply.

‘CONSUMER’ means the person, or the authorised agent, who uses, or has the right to use, water supplied by the Council, or its agent.

‘CONTAMINANT’ has the same meaning as defined in Section 2 of the Resource Management Act 1991. 1

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‘COUNCIL’ means the Christchurch City Council.

‘DIRECT CONNECTION’ includes any submersed or submersible outlet or any arrangement of pipes, hoses or Fittings temporary or otherwise which renders possible Backflow into the Public Water Supply.

‘DISTRICT’ has the same meaning as defined in Section 5 of the Local Government Act 2002.

‘DRAIN’ means Wastewater Drain or Stormwater Drain; and drainage has a corresponding meaning.

‘DRAINAGE WORKS’ includes all lands, Drains, pipes, treatment works, buildings, machinery, and appliances and other things of any kind vested in the Council or acquired or constructed or operated by or under the control of the Council for or relating to the purpose of drainage, whether within or outside the district.

‘EFFLUENT’ means the discharge from any primary treatment tank or process.

‘FIRE PROTECTION SYSTEM’ means a fixed system of pipes, control valves, outlets and related fixed components used to control or extinguish fires. [Note: This does not include fire hose reels].

‘FIRE SERVICE SUPPLY’ means a supply of water to premises solely for the purpose of being used in the event of fire.

‘FITTING’ means any apparatus or appliance together with the necessary accessories and Connection which may be attached to or associated with the plumbing or drainage system of any premises, or which is intended for the collection or retention of any waste materials or liquid wastes for ultimate discharge to a Drain.

‘INTERCEPTOR TRAP’ means any trap used to prevent any unwanted material or substance (liquid or solid) from entering a public Drain or any gases escaping from the system and includes a grease trap, master trap, silt trap, petrol and oil interceptor.

‘METER’ means a Council owned meter to measure the flow of supplied water.

‘OCCUPIER’ means any person, including the owner, who for the time being, is in control of any premises.

‘ORDINARY SUPPLY’ means a category of metered water supply which is available on demand directly prom the Point of Supply subject to an agreed level of service as set out in the Council’s Long-Term Council Community Plan.

‘OUTFALL’ means an extension of a drainage system that is under the jurisdiction of the Council or other owner, or an approved disposal system within or outside the confines of the premises.

‘PERMIT’ means any permit or consent required by this bylaw or any relevant legislation.

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‘POINT OF SUPPLY’ means the point where the Service Pipe meets the Consumer’s Boundary.

‘PRIVATE DRAINAGE SYSTEM’ means the system of pipes and Fittings installed on the premises (including a private Drain and a private common Drain) to convey the Wastewater or Stormwater of the premises to the public Wastewater or Stormwater system and where a public system is not available includes any approved disposal systems within or outside the confines of the premises.

‘PRIVATE WATER SUPPLY’ means the water supply system installed within the premises to provide the piped supply of hot and cold water to the sanitary fixtures and appliances fitted within the premises.

‘PUBLIC WATER SUPPLY’ means the same as the definition of ‘Waterworks’ in the Local Government Act 2002.

‘RESTRICTED SUPPLY’ means water supplied via a Restrictor at a regulated flow rate as determined by the Council and charged on a per unit basis.

‘RESTRICTOR’ means a device installed within the Connection to control the flow of water to private property.

‘SANITARY FIXTURE’ means any fixture which is intended to be used for sanitation, personal washing or excretion.

‘SERVICE PIPE’ means the section of water pipe between a water main or sub main and the Point of Supply.

‘STORMWATER’ includes surface water, ground water, subsoil water, artesian water, and rainwater, and water emanating from a Stormwater Drain, stream, river, lake, estuary, or sea and where so designated by the Council, Condensing Water or cooling water.

‘STORMWATER DRAIN’ means a Drain primarily for the reception and discharge of Stormwater.

‘SUPPLY PIPE’ means the pipe provided by the Consumer to connect the Service Pipe to the Consumer’s premises to supply water to the Fittings and fixtures at the mains pressure of the water supply.

‘SURFACE WATER’ means all naturally occurring water, other than subsurface water, which results from rainfall on the site or water flowing onto the site including that flowing from a Drain, stream, river, lake or sea.

‘TRADE PREMISES’ means any premises used or intended to be used for carrying on any trade or industry; and includes any land or premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes.

‘WASTE DISPOSAL UNIT’ means a device designed to disintegrate organic waste material to a state suitable for disposal to a Wastewater Drain.

‘WASTEWATER DRAIN’ means a Drain primarily for the reception and discharge of Contaminants.

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‘WATERWAY’ includes a watercourse (as defined in Section 2 of the Soil Conservation and Rivers Control Act 1941) and drainage channel (as defined in Section 503 of the Local Government Act 1974), and any open Drain or Waterway as defined in the relevant district plans and the regional plan prepared under the Resource Management Act 1991.

PART 1

PUBLIC WATER SUPPLY

3. OBJECTIVES

(1) The objective of this part of the Bylaw is to:

(a) Define the obligations of installers, owners and the public in matters related to the Public Water Supply;

(b) Prescribe the conditions which shall apply to water distribution systems on private property which must be designed and maintained to minimise the risk of infection or pollution of the Public Water Supply to which they connect;

(c) Ensure that all Fittings and appliances connected directly or indirectly to the Public Water Supply achieve optimum performance with a minimum of consumption of water and incorporate safeguards to prevent waste;

(d) Promote the responsible use of water in the City;

(e) Determine the volumes of water consumed on the premises for rating purposes or to locate leakage and provide for meters.

(f) Protect reservoirs and headworks from damage or pollution; safeguard the Public Water Supply from contamination so as to ensure a good supply of potable water and to prevent waste.

4. APPLICATION FOR CONNECTION AND SUPPLY

(1) Any person requiring a new Connection for the supply of water must complete an application form obtained from the Council, provide any information requested by the Council, including a detailed plan showing the proposed work and pay the prescribed fee if any.

(2) No person may connect, or allow the Connection of, any Service Pipe, Supply Pipe, stop tap or apparatus requiring air-gap separation, or Backflow prevention device, to the Public Water Supply without the consent of the Council.

5. APPROVAL OF APPLICATIONS FOR CONNECTION AND SUPPLY

(1) An application under clause 4 may be approved by the Council as either an Ordinary Supply or a Restricted Supply as the Council thinks fit and after consideration of any level of service referred to in the Long-Term Council Community Plan.

(2) The Council may approve and provide more than one Ordinary Supply at its discretion and on written application being made to the Council in accordance with clause 4.

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6. ACCEPTANCE OF SUPPLY CONSTITUTES AGREEMENT

(1) If an application for the supply of water under clause 4 is approved by the Council and, if required, a Connection is provided, then the acceptance by the applicant (the Consumer) of the supply from the Council constitutes an agreement between the Consumer and the Council for the Consumer to comply with the requirements of this bylaw.

(2) Where there is any change of Consumer the acceptance by the new Consumer of an existing supply from the Council constitutes an agreement between the new Consumer and the Council for the new Consumer to comply with the requirements of this bylaw.

(3) In the case of any supply where special conditions of supply occur, the applicant or Consumer must enter into such agreement as the Council may require in relation to that supply and the Council may determine the method of supply.

(4) Any change in the use of a commercial or industrial premises that may have an effect on Backflow prevention measures requires written notification to the Council in order to assess the suitability of Backflow prevention measures on site, even if notification of the change in use of the premises is not required under the Building Act 2004.

7. RESPONSIBILITY FOR WORK PERFORMED

Every Consumer supplied with water by the Council is responsible for ensuring that any work done on its Private Water Supply complies with this bylaw and any relevant legislation.

8. EXISTING PIPES AND FITTINGS

(1) Any existing Supply Pipe or distributing pipes or Fittings in any premises connected to the Public Water Supply at the commencement of this bylaw may remain in use provided they were not installed in contravention of a previous bylaw subject to any other enactment regarding their maintenance and condition.

(2) Any existing Supply Pipes, distributing pipes or Fittings may be connected to the Public Water Supply after the commencement of this bylaw, with the approval of the Council.

9. SHUT-OFF VALVES

(1) The Council does not guarantee that any Council shut-off valve will be operational at all times.

(2) Consumers or their agents must check that private shut-off valves are operational prior to carrying out any testing or maintenance on their Private Water Supply.

10. ONE POINT OF SUPPLY

The Council may require one Point of Supply to each parcel of land for which a separate certificate of title is held, or to each dwelling or premises on that parcel of land.

11. CONTINUITY OF SUPPLY

(1) No allowance or compensation will be made or allowed by the Council if the water supply is restricted or interrupted, whether for the purpose of laying mains, effecting repairs, attaching new services, or for any other purpose.

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(2) All Consumers who, for the purpose of continuing a business or process, or for any other reason, are dependant upon a constant supply of water must provide their own water storage of a minimum capacity as required for their circumstances.

12. PRESSURE

The Council does not guarantee any specified maximum or minimum pressure in the Public Water Supply and no allowance or compensation will be made or allowed on account of a change of pressure in the supply.

13. DAMAGE

The Council will not be held responsible for any damage from any cause that may arise by the bursting or overflow of any pipes, Fittings, valves or appliances connected to a Private Water Supply.

14. PROHIBITION OR RESTRICTION OF SUPPLY IN SPECIAL CIRCUMSTANCES

(1) If at any time the Chief Executive considers that because of drought or for any other reason an adequate supply of drinking water may be at imminent risk and that extraordinary measures are necessary in order to conserve the available water supply, the Chief Executive may, by notice, restrict or prohibit the use of water for any specified purpose or for any specified period. The Chief Executive will report every such restriction or prohibition to the Council at its next meeting.

(2) The Chief Executive may delegate to any other officer of the Council the Chief Executive’s powers under clause 14(1).

(3) Any such restriction or prohibition may apply to the whole of the District or if the circumstances so require to a portion only of the District.

(4) Any such restriction or prohibition applies until public notice is given that the restriction or prohibition has been rescinded.

(5) No person may use any water, or allow any water to be used in contravention of any restriction or prohibition made under this clause.

15. SUPPLY FROM STANDPIPES OR HYDRANTS

No person may take water from standpipes or hydrants or any other part of the Public Water Supply without the prior approval of the Council except in an emergency.

16. TEMPORARY SUPPLY

The Council may approve the provision of a temporary water supply for a specific function at it’s discretion and on written application being made to the Council together with payment of the prescribed fee, if any.

17. DETERMINATION OF SIZE OF SUPPLY

The size of a Connection must relate to the ability of the Public Water Supply to meet the estimated demand. The Council has the right to require information necessary to estimate the proposed consumption and to determine the size of a main tapping, the size of a Meter, and the size of a Service Pipe required for the supply.

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18. NOTICE WHEN SUPPLY NOT REQUIRED

(1) When any premises supplied with water by the Council becomes unoccupied or for any other reason a supply of water is no longer required, the Consumer must immediately give notice in writing to the Council.

(2) If the water supply Connection has not been used for a period of 12 months or it is left in a condition that could be detrimental to the Public Water Supply, the Council has the right to remove that water supply Connection. Reinstallation of the Connection must be paid by the Consumer.

19. DEFICIENT PIPES

Where, in the opinion of the Council, any Supply Pipe or distributing pipe, tap, appliance, or Fitting used in relation to any water supply at any premises has deteriorated, has been damaged or is of inferior quality or workmanship, or is causing or is likely to cause water to be wasted, or is insufficient for the proper supply of water, the Council may give the Consumer notice in writing requiring any work specified in the notice to be carried out within the time specified in the notice.

20. MAINTENANCE AND CONSERVATION OF WATER

No Consumer may allow any Supply Pipe or distributing pipe, tap or other Fitting on premises connected to the Public Water Supply to be out of repair or in any way defective so that water is misused, or contaminated, or water hammer is caused.

21. READING OF METERS AND ACCOUNTS

(1) Meters will be read, and where applicable, accounts rendered, at such intervals as the Chief Executive may determine.

(2) Meter readings made at the request of the Consumer will be charged for as determined by the Council.

(3) The Consumer must pay all charges for the supply of water as determined by the Council.

(4) If any Meter is out of repair or ceases to register, except while it is under repair, the Council will estimate the consumption for the period since the previous reading of the Meter based on the average of the previous available consumption periods for that Consumer. Provided that when, by reason of a large variation of consumption due to seasonal or other causes, the average of the previous periods would be an unreasonable estimate of the consumption, the Council is entitled to take into consideration other evidence for the purpose of arriving at a reasonable estimate. The Council’s decision is final, and the Consumer must pay the estimated account.

22. PROTECTION OF METERS

(1) Where Meters are to be installed on the premises the Consumer must:

(a) Provide a Council approved site within the premises for the Meter;

(b) Take sufficient precaution to protect the Meter from damage at all times;

(c) Enclose the Meter in a suitable box or other enclosure and shall in cases where natural support is absent provide suitable wall brackets or other support; and

(d) Ensure that the Meter is readily accessible for reading and servicing at all times. 7

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 8 210

23. TESTING OF METERS

If a Consumer disputes the accuracy of a Meter the Consumer may apply to the Council for, and pay a fee to have, the Meter tested. If the Meter is found to be over-reading the test fee will be refunded.

24. METER ACCOUNT ADJUSTED

If any Meter, after being tested, is found to be reading incorrectly, the Council will make an adjustment to the Consumer’s account in accordance with the results of the test and the Consumer must pay or be refunded where the original account has already been paid, according to the adjusted account.

25. WATER FOR EXTINGUISHING FIRES

(1) All new Connections for Fire Protection Systems must have a Meter of a type that has minimal pressure loss characteristics as specified by the Council.

(2) A Fire Protection System must be constructed, installed and operated so that water cannot be drawn from it for any other purpose, and must be independent of any other water Connection on the premises.

(3) Where, in the opinion of the Council, an existing fire Connection is so constructed or so located so water is, or is likely to be drawn from it or from any part of it by any person for purposes other than fire fighting, the Council will require a Meter to be installed on the fire Connection.

(4) Water used for the purpose of extinguishing fires shall not be charged.

(5) Fire hose reels must only be used for fire protection purposes.

(6) If a fire fighting Connection fee is prescribed by the Council under clause 45 of this bylaw it must be paid by the Consumer to the Council in respect of each fire Connection provided for a Fire Protection System.

26. PROTECTION OF WATERWORKS

No person may enter onto any land owned or occupied by the Council and used for Public Water Supply without first obtaining the permission of the Council.

27. NO CONNECTIONS TO OTHER SOURCES OF SUPPLY

(1) In any system of supply or distributing pipework supplied with water by the Council, no Direct Connection with any other sources of supply of water may be made without adequate Backflow prevention.

(2) No Direct Connection may be made or maintained to any drainage system, drainage or Sanitary Fixture, or to any Fittings or apparatus including steam boilers, used for the reception or conveyance of any liquid, gas, or drawn water without adequate Backflow prevention.

28. DRAWN WATER NOT TO BE RETURNED

No person may return or be allowed to return to any main or Service Pipe or any other part of the Public Water Supply, any water drawn from any part of such supply or from any other source except with the consent of the Council and then only when the installation and operation are under the control of the Council.

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29. PRIMING OF PUMPS

No pump may be equipped with a direct Connection for priming or other purposes. Priming may be arranged by means of a discharge point and funnel where the discharge point is a minimum of 25 mm above the funnel as a defined air gap.

30. PREVENTION OF BACKFLOW

Consumers requiring a new Connection to the Public Water Supply (including any Connection that was previously disconnected) must install a Backflow prevention system that complies with the relevant provisions of the Health (Drinking Water) Amendment Act 2007. Consumers with existing Connections that do not have a Backflow prevention system may be required by Council to install appropriate devices if required by the Council to prevent an unsanitary situation.

31. PROTECTION OF SUPPLY PIPES

No Supply Pipe or Fitting may be laid or fixed through, in, or into any Drain, sink, ash pit, or manure pit, nor through, or in, contaminated land or near any place where the Public Water Supply may become contaminated, without the prior written consent of the Council and on such terms and conditions as the Council considers appropriate.

32. WATER USED FOR COOLING

(1) Any air conditioning or industrial plant using water from the Public Water Supply for cooling purposes must have water conservation equipment so that the consumption is limited to that required to make up reasonable losses due to evaporation, wind, flushing, and similar effects.

(2) The use of water through a cooling system that is without recirculating equipment is prohibited without the written consent of the Council.

(3) Discharge of cooling water must comply with Part 2 of the bylaw.

PART 2

WASTEWATER AND STORMWATER DRAINAGE

33. OBJECTIVE

The objective of this part of the bylaw is to define the Council’s requirements and provide for the protection of the land, structures, and infrastructure associated with wastewater drainage and stormwater drainage.

34. PROTECTION OF THE DRAINAGE WORKS

(1) Unless authorised by the Council no person may:

(a) Cause or allow the entry into any Drain or Fitting any earth, stones, sand, silt, refuse, night soil, or material except such matter as is normally discharged through a house Drain.

(b) Enter any Drain, pumping station building or related accessory, or any wastewater treatment area.

(c) Operate, remove, cover or interfere with any cover of any manhole, inlet or other equipment associated with any Drain.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 8 212

(d) Erect any structure over, or within a distance of one metre from the side of any public Drain. This provision does not apply to Boundary fences erected across Drains.

(e) Lay any public or private utility service or private Drain:

(i) Along the line of an existing public Drain; or

(ii) Within a parallel distance of one metre from the nearest part of any public Drain.

35. WASTEWATER DRAINS

(1) Unless authorised by the Council no person may:

(a) Cause or allow any water from a water pipe, artesian well, ram or other hydraulic appliance or any surface water, subsoil drainage, roof water or Condensing Water to enter a Wastewater Drain or a Drain connected with a Wastewater Drain.

(b) Cause or allow any water which may contain fat, sediment or other extraneous matter to be discharged from a butcher’s shop, fish shop, restaurant or other premises (except a dwelling) where food is prepared, processed or served, directly to a Wastewater Drain or a Drain connected to a Wastewater Drain.

(c) Use any Waste Disposal Unit connected to any Drainage Works other than for the purpose of disposing of ordinary domestic household waste.

(d) Cause or allow any steam, or any other matter (solid or liquid) at a temperature higher than 40°C to pass into any Wastewater Drain.

STORMWATER

36. PROTECTION OF STORMWATER SYSTEM

(1) Unless authorised by the Council no person may:

(a) Conduct surface water or subsoil water into a Stormwater Drain, except through a master trap or silt traps, or similar devices, situated in an approved position within the premises;

(a) Allow a private Drain to remain in use where silt or solids are likely to enter a Stormwater Drain through such Drain; or

(c) Cause or allow any steam, or any other matter (solid or liquid) at a temperature of more than 3 degrees variance to the receiving water temperature to pass into any Stormwater Drain.

37. PROTECTION OF WATERWAYS

(1) Unless authorised by the Council no person may:

(a) Sweep, rake, place, throw, or discharge any matter or thing including any dust, earth, rubbish, refuse, grass clippings or animals into any Waterway or system that discharges into a Waterway, that obstructs or will be likely to obstruct the free flow of water in the Waterway.

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(b) Erect a structure, place any material or thing, or plant trees, hedges or other plants within the setback areas as required in the district plans where it will obstruct or be likely to obstruct the free passage along the banks of the Waterway of machinery or apparatus used for the purpose of improving, cleaning or maintaining the Waterway. If any structure is erected, material or thing is placed, or any tree, hedge or other plant is planted in breach of this sub-clause, the Council may by notice in writing require the owner or occupant of the land on which the breach has occurred to remove such structure, material, thing, tree, hedge or other plant.

(d) Widen, deepen, make narrower or alter the course of any Waterway or interfere with the bank of any Waterway.

(e) Erect or construct any bridge, culvert, dam, weir, crossing or other similar structure in, on or over any Waterway under the control of the Council.

(f) Remove trees, plants or vegetation from the banks, or disturb the banks of any Waterway.

38. REMOVAL OF OBSTRUCTIONS AND RISKS IN THE WATERWAY

The Council may require the removal, poisoning, cutting, or treating (whether with or without the removal of the poisoned, cut or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any Waterway.

39. DAMS AND WEIRS

The Council may from time to time alter the position of or remove any dam or weir built across any Waterway whether or not the dam or weir was made or erected by the Council or any other person.

PART 3

PRIVATE DRAINS

40. PRIVATE DRAIN TO SERVE LAND HELD UNDER THE SAME TITLE

A private Drain may pass only through land held under the same title it is intended to serve, and may not pass through adjacent land without the written approval of the Council.

41. COMMON PRIVATE DRAINS

(1) The installation of a Common Private Drain must be approved in writing by the Council and that approval may be subject to any conditions that the Council considers appropriate.

(2) No approval will be issued for a Common Private Drain which has to traverse any land other than that which it is intended to serve to reach an approved outfall unless the Council is satisfied that the Drain is of sufficient capacity to serve the total development possible on that land.

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42. INTERCEPTOR TRAPS

An approved interceptor trap must be installed in any property where, in the opinion of the Council, any Contaminant is likely to enter any Drain or sewer or where any nuisance is created.

43. MAINTENANCE OF PRIVATE DRAINAGE SYSTEMS

(1) The maintenance and effective operation of a Private Drainage System is the responsibility of the owner(s) or occupier(s) of the premises that the Private Drainage System serves.

(2) A Private Drainage System must be protected in an approved manner where it could be damaged by vehicular traffic, impact or tree root penetration, or any other source.

(3) Where any Private Drainage System becomes blocked the owner(s) or occupier(s) of the premises served by the Private Drainage System must have it cleared immediately. If immediate arrangements are not made to clear the blocked system, the Council may serve notice on all owners or occupiers of the premises the Private Drainage System serves to have the blockage cleared within twenty four (24) hours of the issue of that notice.

(4) Where there is failure to comply with a notice the Council may cause a blocked Private Drainage System to be cleared, and whether this action is taken or not, may recover the cost of the work from the owner(s) or occupier(s) of the premises served with the notice.

(5) If, in clearing a blockage, it becomes clear that the blockage is within the Drainage Works and the blockage has not been caused by misuse by the owner or occupier of the premises, the Council will reimburse the owner or occupier for the reasonable costs incurred in clearing the blockage.

44. DISUSED DRAINS

The owner of any premises within which there is a disused part of any Private Drainage System must arrange for it to be disconnected and sealed in an approved manner.

PART 4

MISCELLANEOUS

45. FEES

(1) Where this bylaw provides for the Council to issue a certificate, permit, or consent, or give its authority for anything, or carry out an inspection, the Council may require the payment of a fee. Any such fee will be prescribed by the Council under Section 150 of the Local Government Act 2002.

(2) Where this bylaw provides for a Connection to the Public Water Supply or the Drainage Works, or the provision of any good, service, or amenity the Council may require payment of a fee for that service, as determined by the Council from time to time by resolution publicly notified.

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46. DELEGATION

47. CHRISTCHURCH CITY COUNCIL GENERAL BYLAW 2008

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.

48. REVOCATIONS

The following bylaws are revoked:

● Christchurch City Council Water Related Services Bylaw 2001 ● Banks Peninsula District Council Water Supply Bylaw 1998 ● Banks Peninsula District Council Wastewater Drainage Bylaw 2000

The initial resolution to make this bylaw was passed by the Christchurch City Council at an ordinary meeting of the Council held on the 28 day of February 2008 and was confirmed following consideration of submissions received during the special consultative procedure by a resolution of the Council at a subsequent ordinary meeting of the Council held on the 19 day of June 2008.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 3 TO CLAUSE 8 216

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EXPLANATORY NOTE

The following note is explanatory:

The bylaw contains water supply provisions, wastewater drainage provisions, and stormwater drainage provisions. The bylaws that are to be repealed by this bylaw contained many provisions that are excluded from this bylaw. This bylaw does not deal with infrastructure on private properties as this is covered by the Building Act and Building Code provisions. It does not deal with issues relating to effects on the environment as this is covered by the Resource Management Act. The Local Government Act 2002 contains many general and specific provisions relating to protection of Council property. The Bylaw therefore does not duplicate legislative provisions found in acts or regulations.

There are a number of Council policies that relate to water supply and drainage of land. These policies will be reviewed in due course.

● Authorised Water Supply Installer Scheme (27 March 2003) ● Charging for Water/Stormwater/Wastewater (28 September 2000) ● Approved Drainlayer Registration (27 September 2001) ● Loans for Drainage Work (21 September 1992 and 23 February 1993) ● Reading of Water Meters (28 September 2000) ● Water and Wastewater Services (19 April 2000) ● Water Charges to Commercial-Residential Properties (25 June 1997) ● Water Meters: Installation on Supplies Serving Residential Lots in Multiple Ownership (15 December 1992) ● Water Supply - Backflow Prevention (25 February 1999) ● Fire Hydrant Marking Policy (27 May 1998) ● Water Supply Pipes Installed In Private Land (26 April 2001) ● Water Supply - Urban Water Supply Area (25 November 1991) Waterways - Land Drainage Management (22 June 1992)

The current version of these and other policies can be found on the Council’s website at http://www.ccc.govt.nz/policy/

The Council is also in the process of preparing long term strategies to deal with water supply and surface water. These processes will commence during 2008 and will include public consultation opportunities.

217 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

9. CRUISING BYLAW 2010 REVIEW 2014

Contact Contact Details General Manager responsible: Chief Planning Office Y Diane Campbell, ext. 8281 Officer responsible: Strategic Policy Unit Manager Y Michelle Oosthuizen, ext. 8812 Author: Siobhan Storey Y Ext. 8916

1. PURPOSE AND ORIGIN OF REPORT

1.1 On 30 January the Council:

1. Noted the ten-year programme of bylaw reviews.

2. Confirmed its current programme to consider the Cruising, Parks and Reserves, Water related Services and Urban Fire Safety Bylaws during the 2014.

The purpose of this report is:

1.1.1 To review the current Cruising Bylaw 2010.

1.1.2 To seek the Committee’s approval to recommend to the Council that the Council adopt for consultation the proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 and revoke the Christchurch City Council Cruising Bylaw 2010.

2. EXECUTIVE SUMMARY

2.1 This report reviews the current Cruising Bylaw 2010 as part of the Council’s ten-year programme of bylaw reviews. Staff consulted with staff from the Traffic Operations Team and the Police. Police continue to support the Bylaw. As a result of the review, staff propose that the Committee recommend to the Council that the Council revoke the Christchurch City Council Cruising Bylaw 2010 and adopt for consultation the proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014, which brings all matters concerning prohibitions on roads into the one bylaw and provides a consistent message to road users.

2.2 Part 1 of the new Cruising and Prohibited Times on Roads Bylaw 2014 will control and restrict the cruising of motor vehicles by prohibiting cruising on certain roads at specified days and times. It revokes Clause 4(1) in the Cruising Bylaw 2010 which prohibited cruising on all multi-lane roads under Council control and a number of other roads, and replaces it with a new clause which prohibits cruising on all roads for which the Council makes a resolution.

2.3 Part 2 of the new Cruising and Prohibited Times on Roads Bylaw 2014 will restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times.

3. BACKGROUND

3.1 The Council adopted a bylaw in 2010 to prohibit cruising1 as defined in the Land Transport Act 1988 in the Christchurch City area as a means of ensuring a consistent and integrated approach to the problems caused by anti-social road users. At the same time the Council amended the Traffic and Parking Bylaw 2008 regarding prohibited times on roads (Clause 15). The Cruising Bylaw was adopted by Council on 27 May 2010 and came into effect on 1 July 2010. It prohibited cruising on all multi-lane roads.

1 Cruising means driving repeatedly in the same direction over the same section of a road in a motor vehicle in a manner that – (a) draws attention to the power or sound of the motor vehicle being driven, or (b) creates a convoy that - (i) is formed otherwise than in trade; and (ii) impedes traffic flow. 218 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

9 Cont’d 3.2 The introduction of the Bylaw saw an immediate and significant reduction in the behaviours the Bylaw sought to address. The intervening years have seen those behaviours return to varying extents from time to time. However, the "cruising" behaviour has never returned to levels experienced prior to the introduction of the bylaw. As a result of the success of the introduction of the bylaw Police have not been required to take widespread enforcement action. At times where Police action is necessary the existence of the bylaw coupled with an increased overt Police presence appears to have had a significant and relatively immediate preventative effect.

3.3 The proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 brings all matters concerning prohibitions on roads into the one bylaw and provides a consistent message to road users.

3.4 The purpose of Part 1 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to control and restrict the cruising of motor vehicles by prohibiting cruising on certain roads at specified days and times. It revokes Clause 4(1) in the Cruising Bylaw 2010 which prohibited cruising on all multi-lane roads under Council control, on the whole of Main Road from Ferry Road to Marriner Street Sumner and all of the Esplanade, Sumner, and replaces it with a new clause which prohibits cruising on all roads for which the Council makes a resolution.

3.5 The purpose of Part 2 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times.

3.6 On 27 May 2010 the Council made a resolution under clause 5 of the Cruising Bylaw 2010 that the period of time for repeated driving on the same section of road is 60 minutes. Staff propose that the Council make a new resolution which changes this period to four hours. Staff propose that this resolution be consulted on at the same time as the Bylaw.

4. COMMENT

Legal issues 4.1 Section 155 of the Local Government Act 2002 (the Act) provides that (1) A local authority must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem. (2) If a local authority has determined that a bylaw is the most appropriate way of addressing the perceived problem, it must, before making the bylaw, determine whether the proposed bylaw (a) is the most appropriate form of the bylaw; and (b) gives rise to any implications under the New Zealand Bill of Rights Act 1990.

Section 155 also states that a bylaw cannot be made if it is inconsistent with the New Zealand Bill of Rights Act 1990.

4.2 Under section 156 of the LGA02 the Council is required to use the Special Consultative Procedure (SCP) when making, amending, revoking or continuing with a bylaw without amendment. In addition to this statutory requirement, the law generally requires that any bylaw must be an intra vires (within the statutory powers that authorise the bylaw), certain and reasonable. There is a considerable body of case law on what constitutes reasonableness in the bylaw context. The Courts have noted that in ascertaining the reasonableness of a bylaw, they will look to the surrounding facts, including the nature and condition of the locality in which it is to take effect, the problem it seeks to solve or proposes to remedy and whether public or private rights are unnecessarily or unjustly invaded. 219 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

9 Cont’d

4.3 Section 158 provides for the review of bylaws. The first review must happen within five years of a bylaw being made and subsequently, within ten years of the date of any (previous) review (section 159). The ten year bylaw review programme complies with statutory deadlines while avoiding the problem of having a large number of reviews being undertaken simultaneously. Section 160 of the Act provides that a bylaw must be reviewed by making the determinations required by section 155.

Section 155 4.4 Staff have undertaken a section 155 analysis and a clause by clause analysis in respect of the Cruising Bylaw 2010 (Attachment 1).

Consultation undertaken so far 4.5 Staff have consulted with the Police, staff in the Traffic Operations Team and Legal Services to discuss suggested changes to the Bylaw. Staff have also consulted all the Community Boards and received their input and suggestions. As a result of the review, staff propose that the Committee recommend to Council that Council adopt for consultation the proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 and revoke the Christchurch City Council Cruising Bylaw 2010.

4.6 Police have supported the Christchurch City Council Cruising Bylaw 2010 and will support the new Bylaw. The introduction of the bylaw saw an immediate and significant reduction in the behaviours the bylaw sought to address. The intervening years have seen those behaviours return to varying extents from time to time. However, the "cruising" behaviour has never returned to levels experienced prior to the introduction of the bylaw. As a result of the success of the introduction of the bylaw Police have not been required to take widespread enforcement action. At times where Police action is necessary the existence of the bylaw coupled with an increased overt Police presence appears to have had a significant and relatively immediate preventative effect.

Purpose of the new Cruising and Prohibited Times on Roads Bylaw 2014 4.7 The purpose of Part 1 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to control and restrict the cruising of motor vehicles by prohibiting cruising on certain roads at specified days and times. It revokes Clause 4(1) in the Cruising Bylaw 2010 which prohibited cruising on all multi-lane roads under Council control, on the whole of Main Road from Ferry Road to Marriner Street, Sumner and all of the Esplanade, Sumner, and replaces it with a new clause which prohibits cruising on all roads for which Council makes a resolution. Clauses 4(2) and 4(3) are also revoked. Clause 4(2) is replaced with a clause which provides that the Council may, by resolution, specify that any road or part of a road will be subject to a prohibition on cruising at the days and times specified in Clause 4(3). Clause 4(3) is revoked and replaced with a clause that provides where cruising is prohibited the prohibition applies 7 days a week between the hours of 10pm and 5 am.

4.8 Signage will be required on all roads where cruising is prohibited in order to enforce the cruising provisions. The Council has not erected signs on all multi-lane roads – there was a programme in place to do this but the programme was disrupted by the earthquakes. Cruising activity died away following the earthquakes so the signage programme was halted.

4.9 The purpose of Part 2 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times.

4.10 The proposed Bylaw will:

4.10.1 Include the clauses relating to the prohibited times on roads from the Traffic and Parking Bylaw 2008 in the Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014. 220 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

9 Cont’d

At the present time the Council has two bylaws that deal with nuisance road users. The Prohibited Times on Roads Bylaw provides for stopping restrictions applying at night and total prohibition at night; whereas the Cruising Bylaw provides for a ‘no cruising’ restriction at night. Staff support this proposal as it brings all matters concerning prohibitions on roads into the one bylaw and provides a consistent message to road users

4.10.2 Make all restrictions regarding cruising apply seven days a week between the hours of 10pm and 5am.

To date, the resolution made by the Council under clause 4(2) of the Cruising Bylaw 2010 on 27 May 2010, that the cruising prohibition apply seven days a week between the hours of 10pm to 5am, is working well and is unlikely to need changing so is better to be included in the Bylaw. Staff support this as it provides a consistent message to road users.

4.10.3 Include a clause, Prohibitions on Cruising, which advises that before the Council makes any resolution about roads or parts of roads on which cruising is prohibited, the Council will consider the views and preferences of persons affected by the decision.

Staff support this as it improves community engagement and consultation.

4.10.4 Include a clause, Prohibitions on Times on Roads, which advises that before the Council makes any resolution about roads or parts of roads on which vehicles are prohibited, the Council will consider the views and preferences of persons affected by the decision.

Staff support this change as it improves community engagement and consultation.

4.11 On 27 May 2010 the Council made a resolution under clause 5 of the Cruising Bylaw 2010 that the period of time for repeated driving on the same section of road is 60 minutes. Following Police advice, staff propose that the Council make a new resolution which changes this period to four hours. Staff propose that this resolution be consulted on at the same time as the Bylaw.

Staff support this change as the present time of 60 minutes is quite short. This means that one or more cars may drive along a stretch of road where cruising is prohibited, then leave the area and drive elsewhere around the city, come back after the 60 minutes has elapsed and drive over that same stretch of road. This can happen several times between 10pm and 5am. If the time is increased to 4 hours, the above behaviour cannot happen more than twice between 10pm and 5am. Police and staff support this change to the resolution for that reason.

5. FINANCIAL IMPLICATIONS

5.1 The cost of public notices and general communications related to the special consultative procedure and the proposed new Bylaw will be funded through the existing City and Community Long-term Planning and Policy Activity budget for 2013/14.

5.2 The cost of new signage for changes in prohibited times on roads will be budgeted for within the City and Community Long-term Planning and Policy Activity budget for 2014/15.

5.3 Police are responsible for the costs of enforcing the provisions of the proposed amended Bylaw.

221 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

9 Cont’d

6. STAFF RECOMMENDATION

That the Committee recommend to the Council:

6.1 That the Council, in relation to its review of the Christchurch City Council Cruising Bylaw 2010:

(a) Determines that there is sufficient evidence to support a new Cruising and Prohibited Times on Roads Bylaw and commencing a special consultative procedure (as outlined below);

(b) Resolves that the proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 meets the requirements of section 155 of the Local Government Act 2002, in that:

(i) A new bylaw is the most appropriate way of addressing the perceived problem; and

(ii) The proposed bylaw is the most appropriate form of bylaw; and

(iii) The proposed bylaw gives rise to some implications under the New Zealand Bill of Rights Act 1990 but that the proposed bylaw is not inconsistent with that Act;

(c) Resolves that the attached Statement of Proposal (which includes the proposed Bylaw) and Summary of Information be adopted for consultation; and

(d) Resolves that public notice of the consultation be given in The Press and Christchurch Star newspapers and on the Council’s website at the start of the consultation period, and that public notice of the proposal be given in community newspapers distributed in the Christchurch district area, as close as possible to the start of the consultation period; and

(f) Resolves that the consultation period be from 14 July to 15 August 2014.

(g) Resolves that a hearings panel be appointed to hear submissions, deliberate on those submissions and to report back to the Council on the final form of the Bylaw in 10 & 12 September 2014.

222 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 9 223

ATTACHMENT 1

Review of the Christchurch City Cruising Bylaw 2010 and Proposed Christchurch City Council Cruising and Prohibited Times on Streets Bylaw 2014

Section 155 and Clause by Clause Analyses of the Current Bylaw Introduction In reviewing an existing bylaw, and when making or amending a bylaw, the Local Government Act 2002 (the Act) requires the Council to go through an analysis in accordance with section 155 of the Act. This requires that the Council must determine whether the bylaw is the most appropriate way of addressing the perceived problem, and once that has been determined, that the bylaw is in the most appropriate form, and it does not give rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA). A s155 analysis has been undertaken for the review of the current Cruising Bylaw and in respect of the proposed new Cruising and Prohibited Times on Roads Bylaw.

In response to instances of anti-social road behaviour, in particular cruising, the Council adopted the Cruising Bylaw 2010 on 27 May 2010 and it became effective on 1 July 2010. The Bylaw is being reviewed as part of the Council’s programme of bylaw reviews.

As a result of the Review the Council has determined that the current Bylaw should be revoked and replaced with a new Bylaw that makes improvements to the existing Cruising Bylaw and also transfers the prohibited times on roads provision from the Traffic and Parking Bylaw 2008 to the Cruising Bylaw. The proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 brings all matters concerning prohibitions on roads in relation to anti-social road users into the one bylaw to provide a consistent message to road users.

The perceived problems

Cruising The problems associated with anti-social road users are multifaceted, and include cruising along with a range of other activities that occur. For example, street racing or anti-social behaviour that emerges when people congregate to observe vehicles as participants in ‘post cruising’ activities.

The current Cruising Bylaw does not address the wider behavioural street racing and anti-social behaviours of large groups of observers, (which can be addressed through other legislative provisions) and therefore is not a complete solution. However, there are no other enforcement tools that specifically target cruising. The proposed Cruising and Prohibited Times on Roads Bylaw addresses the cruising activity specifically (and its associated problems of noise and disturbance) as well as street racing.

The Council has considered the extent of the cruising problem in Christchurch, where it occurs and at what times. Following the February earthquake the Central City was cordoned off which put a stop to cruising. However, now the Central City is open and Police advise that cruising has started up again, mainly on multi-lane roads in the Central City and on Main Road and Esplanade.

The Council received 116 complaints about anti-social road user behaviour between 1 January 2012 and 19 March 2014, 66 in the 2012 calendar year, 41 in the 2013 calendar year and 19 in the year to date. Of these, in 2012 there were 24 relating to cruising, noise or speeding, 11 in 2013 and 3 in 2014.

The number of complaints received by the Council is a small percentage of those reported by the Police.

Police have provided advice on complaints about unauthorised street and drag racing, which include activities such as cruising, burnouts, racing, noisy vehicles, and anti-social road use in general. In the calendar year 2012 there were 1,083 such complaints, the hotspots being Hoonhay, Moorhouse Avenue and Bromley. There were 1,589 complaints in the 2013 calendar year, nearly 150 per cent higher than the previous year. The hotspots that year were also REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 9 224

Hoonhay, Moorhouse Avenue and Bromley, with the addition of two areas in the central city, and Heathcote.

Police continue to support the Christchurch City Council Cruising Bylaw 2010. The introduction of the bylaw saw an immediate and significant reduction in the behaviours the bylaw sought to address. The intervening years have seen those behaviours return to varying extents from time to time. However, the "cruising" behaviour has never returned to levels experienced prior to the introduction of the bylaw. As a result of the success of the introduction of the bylaw Police have not been required to take widespread enforcement action. At times where Police action is necessary the existence of the bylaw coupled with an increased overt Police presence appears to have had a significant and relatively immediate preventative effect.

Racing of motor vehicles Clause 15 of the Traffic and Parking Bylaw 2008 provides that the Council may by resolution specify any road or part of a road and the days and times during which motor vehicles weighing less than 3,500 kilograms are prohibited from being used on the road or part of that road or roads. The proposed transfer of clause 15 to the new bylaw does not propose any changes to the manner of specifying roads that will be subject of a prohibition.

One change is suggested, to align this control with the controls on cruising, so the bylaw clearly states that persons who may be affected will be consulted with prior to the decision being made (although consultation is already provided for in the policy the Council applies when determining new prohibited times on roads). This change aids community engagement and consultation.

Police support the current Bylaw clause as it provides them with an additional means of controlling anti-social road user behaviour on roads that are identified as “problem” areas.

Is a bylaw the most appropriate way to address the perceived problems? Both the current Cruising Bylaw and prohibited times on roads clause of the Traffic and Parking Bylaw work effectively and have been the most appropriate way of dealing with some of the issues caused by anti-social road users since they were introduced (recognising that other legislation controlled by other agencies also contributes).

In light of the above discussion, it is clear that a bylaw that prohibits cruising and restricts the racing of motor vehicles and associated activities continues to be the most appropriate tool to address problems caused by cruising.

Appropriate form of Bylaw and New Zealand Bill of Rights Act considerations The Council considers that the proposed new bylaw is in the most appropriate form. Including controls on cruising and racing of motor vehicles in the same bylaw makes it easier for all users of the bylaw.

There may be implications arising from the bylaw in terms of the NZBORA. Section 18 of the NZBORA provides for the right to freedom of movement. However, a prohibition on cruising does not prevent a person from driving on the particular streets involved in the prohibition, only that they cannot undertake cruising in those streets, at the prohibited days and times. Similarly the prohibition on driving on roads at certain times does not apply to all roads in the city and does not prevent a person driving on a prohibited road all the time. It also does not prevent a person with a legitimate reason for driving on a prohibited road at a prohibited time, from doing so.

Section 5 of the NZBORA allows the rights and freedoms in the NZBORA to be subject to reasonable legal limits, and the bylaw is considered to be a reasonable limit on the right to freedom of movement. The benefits to local residents, the temporal and other exceptions to the limitations, and the degree of harm the bylaw is seeking to prevent combine to make the bylaw reasonable and subsequently not repugnant to the general laws of New Zealand, or inconsistent with the NZBORA.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 9 225

Clause by Clause Analysis of the Current Cruising Bylaw and the Proposed New Cruising and Prohibited Times on Roads Bylaw

Problem/Issue Current and/or proposed clause – summary Options Recommendation discussion Cruising of motor Clause 4 of the current Bylaw provides that cruising on 1. Revoke the Bylaw. Retain the Bylaw with some vehicles on roads. multi-lane roads is prohibited at such days and times and 2. Retain the Bylaw with some amendments. amendments. on any road or part of a road that the Council may The current Bylaw was made under prescribe by resolution. It also provides that the Council the Land Transport (Enforcement will consult with interested parties before making such Powers) Amendment Act 2009, which resolutions. The proposed Bylaw provides that Council enables Councils to make a bylaw may prohibit cruising on any road or part of a road by specifically for the purpose of resolution and that where this prohibition applies it applies prohibiting cruising. The Council did 7 days a week between the hours of 10pm and 5 am. so because Christchurch had a problem with cruising – and still does.

Amend this clause in the current Bylaw by removing the provision for cruising being prohibited on multi-lane roads in the Bylaw, to prohibiting cruising on any road the Council determines by resolution. It also brings the times when the prohibition applies into the Bylaw, rather than making them subject to resolution. The times that have been in the current Bylaw have worked well and there is no need to change them. Hence they should be in the Bylaw. Street racing and The current Bylaw does not address street racing; 1. Retain the proposed clause 7 of the proposed Amend the Cruising Bylaw 2010 to associated activities. currently that is addressed in clause 15 of the Traffic and Bylaw in the Traffic and Parking Bylaw. include clause 15 of the Traffic and Parking Bylaw 2008. The proposed Christchurch City 2. Amend the Cruising Bylaw 2010 to include Parking Bylaw 2008, with Council Cruising and Prohibited Times on Roads Bylaw clause 15 of the Traffic and Parking Bylaw amendments to improve consultation. 2014 brings all matters concerning prohibitions on roads 2008. The proposed Christchurch City into the one bylaw and provides a consistent message to 3. Amend the Cruising Bylaw 2010 to include Council Cruising and Prohibited road users. clause 15 of the Traffic and Parking Bylaw Times on Roads Bylaw 2014 brings Clause 7 of the proposed Bylaw provides that light 2008, with additional amendments. all matters concerning prohibitions on vehicles (less than 3,500kg) are prohibited at such days roads into the one bylaw and provides and times and on any road or part of a road that the a consistent message to road users. Council may specify by resolution, and that resolutions can be amended or revoked. It also provides for the An amendment proposed to the consideration of views and preferences of affected current clause makes it clear affected persons before decisions are made. Clauses 8 and 9 of persons views will be considered REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 9 226 the proposed bylaw deal with other matters re exceptions before resolutions introducing new and signage found in the current clause 15. roads with prohibited times.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 227

Attachment 2

Statement of Proposal for the Proposed Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014

This statement of proposal is made under sections 83, 83A, 86, 89 and 156 of the Local Government Act 2002.

Summary Of Information

This proposal is to make the Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014.

The purpose of Part 1 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to control and restrict the cruising of motor vehicles by prohibiting cruising on certain roads at specified days and times. Clause 4 of the current Bylaw provides that cruising on multi-lane roads is prohibited at such days and times and on any road or part of a road that the Council may prescribe by resolution. It also provides that the Council will consult with interested parties before making such resolutions.

Clause 4 of the proposed Bylaw amends the current clause 4 by removing the reference to multi- lane roads and provides that Council may prohibit cruising on any road or part of a road by resolution and that where this prohibition applies, it applies 7 days a week between the hours of 10pm and 5 am.

The purpose of Part 2 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times. This provision was originally Clause 15 of the Traffic and Parking Bylaw 2008 and is essentially unchanged. The roads this applies to is shown in Table 1 in the Statement of Proposal below.

The proposed new Bylaw will:

(a) Include the clauses relating to the prohibited times on roads from the Traffic and Parking Bylaw 2008 in the Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014.

(b) Make all restrictions regarding cruising apply seven days a week between the hours of 10pm and 5am.

(c) Include a clause, Prohibitions on Cruising, which advises that before the Council makes any resolution about roads or parts of roads on which cruising is prohibited, the Council will consider the views and preferences of persons affected by the decision.

(d) Include a clause, Prohibited Times on Roads, which advises that before the Council makes any resolution about roads or parts of roads on which vehicles are prohibited, the Council will consider the views and preferences of persons affected by the decision.

On 27 May 2010 the Council made a resolution under clause 5 of the Cruising Bylaw 2010 that the period of time for repeated driving on the same section of road is 60 minutes. Following advice from the Police, it is proposed that Council make a new resolution which changes this period to four hours.

Copies of the Proposal Copies of this proposal are available on the Council’s website at [insert link here] and can be accessed at all Council Service Centres, Council Libraries and on the Council’s website during the consultation period.

Submissions

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 228

Submissions on this proposal can be made either:

- through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

- via email to: xxxx

- in writing to: Submissions on the proposed Cruising and Prohibited Times on Roads Amendment Bylaw Christchurch City Council PO Box 237 Christchurch.

Submissions on this proposal may be made to the Council between xxx and xxx 2014.

It is envisaged that the Council's Hearings Panel will hear oral submissions on this Proposal during xxx 2014. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 229

Statement of Proposal

This proposal is to make the Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014 (the Bylaw).

The new proposed Bylaw brings all matters concerning prohibitions on roads into one bylaw and provides a consistent message to road users.

The purpose of Part 2 of the new Cruising and Prohibited Times on Roads Bylaw 2014 is to restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times. This provision was originally Clause 15 of the Traffic and Parking Bylaw 2008 and is essentially unchanged. The roads this prohibition currently applies to are show in Table 1 below.

Table 1 Road Location Times of Prohibition Date of Resolution Anchorage Way Entire Length 10pm-5am 29 August 2013 Avonhead Road Ron Guthrey Road to 10pm-5am Thurs- 29 August 2013 Grays Road Mon and Public Holidays Ballarat Way Entire Length 10pm-5am 29 August 2013 Barters Road Northwest of 10pm-5am Thurs- 29 August 2013 Waterloo Road Mon and Public Holidays Calgary Place Entire Length 10pm-5am 29 August 2013 Canada Crescent Entire Length 10pm-5am 29 August 2013 Chattertons Road Entire Length 9pm-5am 29 August 2013 Chinook Place Entire Length 10pm-5am 29 August 2013 Columbia Avenue Entire Length 10pm-5am 29 August 2013 Connaught Drive Entire Length 10pm-5am 29 August 2013 Conservators Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Corringa Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Craft Place Entire Length 10pm-5am 29 August 2013 Dakota Crescent Entire Length 10pm-5am 29 August 2013 Dawsons Road West Coast Road 9pm-5am 29 August 2013 (SH73) to Jones Road Dickeys Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Edmonton Road Entire Length 10pm-5am 29 August 2013 Gerald Connolly Place Entire Length 10pm-5am 29 August 2013 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 230

Grays Road Avonhead Road to 10pm-5am Thurs- 29 August 2013 Ryans Road Mon and Public Holidays Green Lane Entire Length 10pm-5am 29 August 2013 Guys Road School Road to 10pm-5am Thurs- 29 August 2013 Conservators Road Mon and Public Holidays Hammersmith Drive Entire Length 10pm-5am 29 August 2013 Hasketts Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Hazeldean Road Grove Road to 10pm-5am 29 August 2013 Montreal Street Hickory Place Entire Length 10pm-5am 29 August 2013 Jessons Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Kainga Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Klondyke Drive Entire Length 10pm-5am 29 August 2013 Kotzikas Place Entire Length 10pm-5am 29 August 2013 Leggett Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays Lower Styx Road Entire Length 10pm-5am Thurs- 29 August 2013 Mon and Public Holidays

A copy of the draft Bylaw is included at the end of this Statement of Proposal.

Reasons for the proposal

Section 156 of the Local Government Act 2002 requires the Council to use the special consultative procedure when amending a bylaw.

Section 155 of the Local Government Act 2002 requires that the Council must determine whether the bylaw is the most appropriate way of addressing the problem, whether the proposed bylaw is the most appropriate form of the bylaw and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990.

This Bylaw has been reviewed as part of the Council’s 10 year Bylaw Review Programme. A report on the review is included in the section 155 analysis.

Report on section 155 determination

Introduction In reviewing an existing bylaw, and when making or amending a bylaw, the Local Government Act 2002 (the Act) requires the Council to go through an analysis in accordance with section 155 of the Act. This requires that the Council must determine whether the bylaw is the most appropriate way of addressing the perceived problem, and once that has been determined, that the bylaw is in the most appropriate form, and it does not give rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA). A s155 analysis has been undertaken for the review of the current Cruising Bylaw and in respect of the proposed new Cruising and Prohibited Times on Roads Bylaw.

The perceived problems

The Cruising Bylaw does not address the wider behavioural street racing and anti-social behaviours of large groups of observers, (which can be addressed through other legislative provisions) and therefore is not a complete solution. However, there are no other enforcement tools that specifically target cruising. The proposed Cruising and Prohibited Times on Roads Bylaw addresses the cruising activity specifically (and its associated problems of noise and disturbance) as well as street racing.

The number of complaints received by the Council is a small percentage of those reported by the Police.

Police have provided advice on complaints about unauthorised street and drag racing, which include activities such as cruising, burnouts, racing, noisy vehicles, and anti-social road use in general. In the calendar year 2012 there were 1,083 such complaints, the hotspots being Hoonhay, Moorhouse Avenue and Bromley. There were 1,589 complaints in the 2013 calendar year, nearly 150 per cent higher than the previous year. The hotspots that year were also Hoonhay, Moorhouse Avenue and Bromley, with the addition of two areas in the central city, and Heathcote.

One change is suggested, to align this control with the controls on cruising, so the bylaw clearly states that persons who may be affected will be consulted with prior to the decision being made REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 232

(although consultation is already provided for in the policy the Council applies when determining new prohibited times on roads). This change aids community engagement and consultation.

Police support the current Bylaw clause as it provides them with an additional means of controlling anti-social road user behaviour on roads that are identified as “problem” areas.

If the bylaw has any effect on the right to freedom of movement, as section 5 of the NZBORA allows the rights and freedoms in the NZBORA to be subject to reasonable legal limits, the bylaw is a reasonable limit on the right to freedom of movement. The benefits to local residents, the temporal and other exceptions to the limitations, and the degree of harm the bylaw is seeking to prevent combine to make the bylaw reasonable and subsequently not repugnant to the general laws of New Zealand, or inconsistent with the NZBORA.

Proposed Change to Resolution Governing Time for Repeated Driving on the Same Stretch of Road Following advice received from the Police, it is proposed that the resolution made by the Council under clause 5 of the Cruising Bylaw 2010 on 27 May 2010, that the period of time for repeated driving on the same section of road is 60 minutes, be changed to four hours. It is proposed that this resolution be consulted on at the same time as the Bylaw.

The Police note that the present time of 60 minutes is quite short. This means that one or more cars may drive along a stretch of road where cruising is prohibited, then leave the area and drive elsewhere around the city, come back after the 60 minutes has elapsed and drive over that same stretch of road. This can happen several times between 10pm and 5am. If the time is increased to four hours, the above behaviour cannot happen more than twice between 10pm and 5am. Police support this change.

Submissions

Submissions on this proposal can be made either:

- through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

- via email to: xxxx

- in writing to: Submissions on the proposed Cruising and Prohibited Times on Roads Bylaw 2014 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 233

Christchurch City Council PO Box 237 Christchurch.

Submissions on this proposal may be made to the Council between xxx and xxxx.

It is envisaged that the Council's Hearings Panel will hear oral submissions on this Proposal during xxx 2014.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 234

CHRISTCHURCH CITY COUNCIL CRUISING AND PROHIBITED TIMES ON ROADS BYLAW 2014

Pursuant to section 22AB of the Land Transport Act 1998 and section 145 of the Local Government Act 2002 the Christchurch City Council makes this bylaw.

1. SHORT TITLE AND COMMENCEMENT

This bylaw is the Christchurch City Council Cruising and Prohibited Times on Roads Bylaw 2014. This bylaw comes into force on x 2014.

2. INTERPRETATION

In this bylaw, unless the context otherwise requires,

Act means the Land Transport Act 1998.

The following definitions come from the Act:

Cruising means driving repeatedly in the same direction over the same section of a road in a motor vehicle in a manner that - (a) Draws attention to the power or sound of the engine of the motor vehicle being driven; or (b) Creates a convoy that - (i) Is formed otherwise than in trade; and (ii) Impedes traffic flow.

Motor vehicle— (a) Means a vehicle drawn or propelled by mechanical power; and (b) Includes a trailer; but (c) Does not include - (i) A vehicle running on rails; or … .. (iii) A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or (iv) A trailer running on one wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or (v) A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or (vi) A pedestrian-controlled machine; or (vii) A vehicle that the Agency has declared under section 168A is not a motor vehicle; or (viii) A mobility device. [The following note is explanatory and is not part of the Bylaw: The New Zealand Police, in its submission on the 2010 bylaw, stated how the Police will interpret the terms ‘convoy’ and ‘repeatedly’, as used in the definition of “cruising”:

“… ‘repeatedly’ will be interpreted as more than once, and the driver will have to be driving in a manner that draws attention to the power or sound of their vehicle, or be driving in a ‘convoy’, which we will interpret as two or more vehicles with a common purpose.” ] PART 1 : CRUISING

3. PURPOSE

The purpose of this part of the bylaw is to control and restrict the cruising of motor vehicles by prohibiting cruising on certain roads at specified days and times. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 235

4. CRUISING PROHIBITED

(1) Cruising is prohibited on all roads for which the Council makes a resolution under clause 4(2), at the days and times specified in clause 4(3).

(2) The Council may, by resolution, specify that any road or part of a road will be subject to a prohibition on cruising at the days and times specified in clause 4(3).

(3) On any road where the Council has prohibited cruising the prohibition applies 7 days a week between the hours of 10pm and 5am.

(4) The Council may, by resolution, subsequently amend or revoke any resolution made under clause 4(2).

(5) Before making a resolution under clause 4(3) (or the amendment or revocation of a resolution under clause 4(4)) the Council will consider the views and preferences of persons affected by the decision, which may include:

(a) The occupiers of any properties adjoining the proposed road or part of the road; (b) Any local community, road user group or other organisation the Council considers may be affected; (c) Any other road controlling authority that may be affected because the proposed road or part of the road adjoins, or is located near a road controlled by that other road controlling authority; (d) The Commissioner of Police; and (e) The New Zealand Transport Agency.

[The following note is explanatory and is not part of the Bylaw: The Council may obtain views and preferences by using the special consultative procedure in section 83 of the Local Government Act 2002, or may carry out more targeted consultation applying the principles in section 82 of that Act. Any road for which a resolution is made under this clause will be listed in the No Cruising Roads Register http://resources.ccc.govt.nz/files/TheCouncil/policiesreportsstrategies/bylaws/Pr ohibitedRoadsRegister-CruisingBylaw2010 , which is available on the Council’s website]

5. COUNCIL MAY RESOLVE THE TIME PERIOD THAT APPLIES TO CRUISING

The Council may, by resolution, prescribe the period of time that must elapse between each time a driver drives on a road described in a resolution made under clause 4(2) of this Bylaw, to avoid being regarded as cruising.

[The following note is explanatory and is not part of the Bylaw: The current time period that was resolved on by the Council on [?X 2014 is 4 hours?] The Council will erect signs to indicate “no cruising” roads, as provided for in the Land Transport Rule: Traffic Control Devices 2004].

PART 2: PROHIBITED TIMES ON ROADS

6. PURPOSE

The purpose of this part of the bylaw is to restrict the racing of motor vehicles, and activities associated with the racing of motor vehicles that may cause a nuisance to the public, by prohibiting motor vehicles weighing less than 3,500 kilograms from being on certain roads at specified days and times.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 236

7. RESOLUTIONS TO PROHIBIT CARS ON ROADS AT CERTAIN TIMES

(1) The Council may by resolution specify any road or part of a road and the days and times during which motor vehicles weighing less than 3,500 kilograms are prohibited from being used on that road or part of that road or roads.

(2) The Council may by resolution subsequently amend or revoke any resolution made under clause 7(1).

(3) Before making a resolution under clause 7(1) (or the amendment or revocation of a resolution under clause 7(2)) the Council will consider the views and preferences of persons affected by the decision, which may include:

[The following note is explanatory and is not part of the Bylaw: The Council may obtain views and preferences by using the special consultative procedure in section 83 of the Local Government Act 2002, or may carry out more targeted consultation applying the principles in section 82 of that Act. All resolutions made under this clause (or any previous prohibited times on roads clause) will be recorded in the Prohibited Times on Roads Register [link here] which is available on the Council's website. The Council also has an operational policy [link here] that sets out a framework for assessing and processing requests for roads to be added to the Prohibited Times on Roads Register under this clause of the Bylaw.]

8. CARS PROHIBITED ON ROADS AND EXCEPTIONS

No person may use a motor vehicle weighing less than 3,500 kilograms on any road or part of a road described in a resolution made under clause 7(1) during the times and on the days specified in the resolution, unless –

(a) the vehicle is conveying the owner or occupier of any land having a frontage to the road described in a resolution made under clause 7(1) or the owner or occupier's bona fide visitors; or

(b) the vehicle is an emergency vehicle being used in the execution of duty; or

(c) the vehicle is a trade or service authority vehicle for the provision or maintenance of a utility on the road or on land having a frontage to the road; or

(d) the vehicle is operated by the Council and being used in the execution of duty; or

(e) the vehicle is operated by a security service and being used in the execution of duty.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 9 237

9. SIGNS

The Council must erect signs on any road described in a resolution made under clause 7(1) advising –

(a) the times and days of the prohibition under clause 7(1); and

(b) that the prohibition applies to motor vehicles weighing less than 3,500 kilograms.

PART 3: GENERAL

10. OFFENCES AND PENALTIES

(1) Every person who breaches clause 4 of this Bylaw commits an offence under section 22A(3A) of the Act and is liable on summary conviction to a fine not exceeding $1,000, or an infringement fee of $150, as set out in the Land Transport (Offences and Penalties) Regulations 1999.

(2) Every person who breaches clause 8 of this Bylaw commits an offence and is liable on summary conviction to a fine not exceeding $20,000, as set out in the Local Government Act 2002, or an infringement fee of $750, as set out in the Land Transport (Offences and Penalties) Regulations 1999

(3) Nothing in this Bylaw limits the exercise of any enforcement powers available in any Act or Regulations, including the issue of warning notices under section 22AF of the Act, and the offences and penalties related to non-compliance with any warning notices.

11. CHRISTCHURCH CITY COUNCIL GENERAL BYLAW

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.

12. REVOCATION AND SAVINGS

(1) Clauses 15 and 16(2) of the Traffic and Parking Bylaw 2008 are revoked.

(2) The Christchurch City Council Cruising Bylaw 2010 is revoked.

(3) Any resolutions made under the bylaws revoked by clauses 12(1) and 12(2) continue to have full force and effect for the purposes of this Bylaw, but are subject to the application of any relevant clauses in this Bylaw.

(4) The revocation of any bylaws under clauses 12(1) and 12(2) does not prevent any legal proceedings, criminal or civil, being taken to enforce those bylaws and such proceedings continue to be dealt with and completed as if the bylaws had not been revoked.

The initial resolution to make this Bylaw was passed by the Christchurch City Council at a meeting of the Council held on x 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 x.

238 239 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

10. URBAN FIRE SAFETY BYLAW REVIEW 2014

1. PURPOSE AND ORIGIN OF REPORT

1.1 On 30 January the Council:

1. Noted the ten-year programme of bylaw reviews.

2. Confirmed its current programme to consider the Cruising, Parks and Reserves, Water related Services and Urban Fire Safety Bylaws during the 2014.

The purpose of this report is:

1.1.1 To review the current Urban Fire Safety Bylaw 2007

1.1.2 To seek the Committee’s approval to recommend to the Council that the Council adopt for consultation the proposed Christchurch City Council Urban Fire Safety Bylaw 2014 and revoke the Urban Fire Safety Bylaw 2007.

2. EXECUTIVE SUMMARY

2.1 This report reviews the current Urban Fire Safety Bylaw 2007 as part of the Council’s ten-year programme of bylaw reviews. As a result of the review staff propose that the Committee recommend to the Council that the Council adopt for consultation the proposed Christchurch City Council Urban Fire Safety Bylaw 2014 and revoke the Christchurch City Council Urban Fire Safety Bylaw 2007.

2.2 The proposed Bylaw makes some changes to the 2007 Bylaw to include matters which were not covered in the 2007 Bylaw or makes the Bylaw easier to read.

2.3 The proposed Bylaw includes a separate section on fireworks, setting restrictions on the lighting of fireworks, exempts more cooking devices such as pizza ovens and other devices which pose a low fire risk, and exempts fires for research, training and biosecurity purposes from certain restrictions and conditions.

3. BACKGROUND

3.1 The Council adopted the Urban Fire Safety Bylaw on 4 October 2007. The Bylaw covers fire safety issues in Christchurch’s nine Urban Fire Districts: Christchurch, New Brighton, Sumner, Brooklands, Lyttelton, Diamond Harbour, Governor’s Bay, Little River and Akaroa.

3.2 The object of this Bylaw is to protect public safety by preventing danger from fire. The Bylaw enables the Council to prohibit outdoor fires during periods of high fire risk. It excludes gas-fired appliances from the definition of a fire.

240 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

10 Cont’d

4. COMMENT

Legal issues 4.1 Section 145 of the Local Government Act 2002 (the Act) provides that Councils may make bylaws to protect the public from nuisance and to protect, promote and maintain public health and safety. The Urban Fire Safety Bylaw 2007 was made under these powers in the Act.

4.2 Section 158 provides for the review of bylaws. The first review must happen within five years of a bylaw being made and subsequently, within ten years of the date of any (previous) review (section 159). The ten year bylaw review programme complies with statutory deadlines while avoiding the problem of having a large number of reviews being undertaken simultaneously. Section 160 of the Act provides that a bylaw must be reviewed by making the determinations required by section 155.

4.3 Section 155 of the Act provides that (1) A local authority must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem. (2) If a local authority has determined that a bylaw is the most appropriate way of addressing the perceived problem, it must, before making the bylaw, determine whether the proposed bylaw— (a) is the most appropriate form of the bylaw; and (b) gives rise to any implications under the New Zealand Bill of Rights Act 1990.

Section 155 also states that a bylaw cannot be made if it is inconsistent with the New Zealand Bill of Rights Act 1990.

4.4 Under section 156 of the LGA02 the Council is required to use the Special Consultative Procedure (SCP) when making, amending, revoking or continuing with a bylaw without amendment. In addition to this statutory requirement, the law generally requires that any bylaw must be intra vires (within the statutory powers that authorise the bylaw), certain and reasonable. There is a considerable body of case law on what constitutes reasonableness in the bylaw context. The Courts have noted that in ascertaining the reasonableness of a bylaw, they will look to the surrounding facts, including the nature and condition of the locality in which it is to take effect, the problem it seeks to solve or proposes to remedy and whether public or private rights are unnecessarily or unjustly invaded.

Section 155 Summary 4.5 Staff have undertaken a section 155 analysis and a clause by clause analysis in respect of the Urban Fire Safety Bylaw 2007. (Attachment 1)

Consultation undertaken so far 4.6 Staff have consulted with the Parks Operations Team, Civil Defence and Emergency Management and Rural Fire, Investigations and Compliance, and Legal Services to discuss suggested changes to the Bylaw. Staff have also consulted all the Community Boards and received their input and suggestions. As a result of this consultation staff propose that the Committee recommend to Council that Council adopt for consultation the proposed Christchurch City Council Urban Fire Safety Bylaw 2014 and revoke the Christchurch City Council Cruising Bylaw 2010.

Object of the new Urban Fire Safety Bylaw 2014 4.7 The object of the new Urban Fire Safety Bylaw is to protect public safety by preventing danger from fire.

The word “protect” replaces “conserve” in the 2007 Bylaw because it is more meaningful. 241 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014

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4.8 The proposed Bylaw will

4.8.1 Move the explanatory note from the back of the Bylaw to the front, and rename it “Preamble”. This preamble is not part of the Bylaw but is intended to indicate its general effect and refers to other restrictions that may apply to the lighting of fires in the open air.

Staff support this rearrangement because it provides useful introductory information for any person wanting to know about the Bylaw and how and where it applies. The preamble also has links to maps showing the various fire districts so people can easily find out which fire district they are in.

4.8.2 Add a separate section on fireworks, providing for conditions that apply when lighting fireworks.

Staff support this change because currently the Bylaw is silent on anything to do with fireworks and fireworks pose a significant fire risk, especially when they are lit during the spring and summer months.

4.8.3 Amend Clause 11(2) in the 2007 Bylaw relating to giving public notice of a prohibited fire season by adding that this information will also be available on the Council website.

Staff support this change as these days many people get up-to-date information through the Internet.

4.8.4 Exempt more cooking devices such as pizza ovens and other devices which pose a low fire risk when being operated.

Staff support this change as more cooking devices that pose a low fire risk are commonly being used.

4.8.5 Exempt fires for research, training and biosecurity purposes from certain restrictions and conditions.

Staff support this change as it is a practical addition to the bylaw. For example, if there is a disease outbreak such as infected beehives, the best way to combat the outbreak may be to burn the infected hives.

4.8.6 Amend Clause 8(b) of the 2007 Bylaw, conditions on fires (outside a prohibited fire season) by reducing from 5m to 3m the distance a fire has to be from buildings, trees, hedges etc.

Staff support this change – advice from the Principal Rural Fire Officer is that a 3m distance from such structures is ample.

4.8.7 Amend Clause 10 of the 2007 Bylaw, disposal of waste, by amalgamating the two sub-clauses into one.

Staff support this change because it simplifies the clause and makes it easier to read.

5. FINANCIAL IMPLICATIONS

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6. STAFF RECOMMENDATION

That the Committee recommend to the Council:

6.1 That the Council, in relation to its review of the Christchurch City Council Urban Fire Safety Bylaw 2007:

(a) Determines that there is sufficient evidence to support revoking the current Urban Fire Safety Bylaw and commencing a special consultative procedure (as outlined below);

(b) Resolves that the proposed Christchurch City Council Urban Fire Safety Bylaw 2014 meets the requirements of section 155 of the Local Government Act 2002, in that:

(i) A new bylaw is the most appropriate way of addressing the perceived problems; and

(ii) The proposed new bylaw is the most appropriate form of bylaw; and

(iii) The proposed new bylaw gives rise to some implications under the New Zealand Bill of Rights Act 1990 but that the proposed amendment bylaw is not inconsistent with that Act;

(c) Resolves that the attached Statement of Proposal (which includes the proposed Bylaw) and Summary of Information be adopted for consultation; and

(f) Resolves that the consultation period be from 14 July to 15 August 2014.

(g) Resolves that the Council appoint a hearings panel to hear submissions, deliberate on those submissions and to report back to the Council on the final form of the Bylaw in 10 & 12 September 2014.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 10 243

Attachment 1

Review of the Christchurch City Urban Fire Safety Bylaw 2007/Proposed Christchurch City Council Urban Fire Safety Bylaw 2014

Section 155 and Clause by Clause Analyses

Introduction In reviewing an existing bylaw, and when making or amending a bylaw, the Local Government Act 2002 (the Act) requires the Council to go through an analysis in accordance with section 155 of the Act. This requires that the Council must determine whether the bylaw is the most appropriate way of addressing the perceived problem, and once that has been determined, that the bylaw is in the most appropriate form, and it does not give rise to any implications under the New Zealand Bill of Rights Act 1990. A s155 analysis has been undertaken for the review of the current Urban Fire Safety bylaw and in respect of the proposed new Bylaw.

The Urban Fire Safety Bylaw 2007 was introduced in 2007 to replace the Christchurch City Fires Bylaw 2006.

As a result of the review of the 2007 Bylaw Council has determined that the Bylaw should be revoked and replaced with a new Urban Fire Safety Bylaw 2014. The proposed Bylaw makes some changes to the 2007 Bylaw to include matters that were not addressed in that Bylaw or make the Bylaw easier to read.

The perceived problems The problem, at a broad level, is that at certain times of the year, and as a result of certain practices, the safety of people and property can be compromised by fires that are lit in the open air. To address this problem the 2007 Bylaw currently provides for prohibitions to be made on lighting fires in the open air for the urban and residential areas at a time of potentially serious or extreme fire conditions for a specified period within the whole or any specified part of the territorial area. It also places restrictions relating to the placement and times of operation for fire safety reasons. Traditional cooking fires and barbecues are excluded from the open air definition but operations of these are controlled for fire safety reasons.

The proposed Bylaw intends to continue many provisions of the 2007 Bylaw but also proposes including a separate section on fireworks, including conditions that apply when lighting fireworks,, exempting more cooking devices such as pizza ovens and other devices which pose a low fire risk when being operated, and exempting fires for research, training and biosecurity purposes from certain restrictions and conditions. It also includes new definitions and clarifies the existing definition of fire in the open air. A clause by clause analysis of the current Urban Fire Safety Bylaw and the proposed new bylaw is attached at the end of this s155 determination.

Further analysis of the proposed Bylaw and the problems it seeks to address are discussed below. The proposed Bylaw will:

(a) Move the explanatory note from the back of the Bylaw to the front, and rename it “Preamble”. This preamble is not part of the Bylaw but is intended to indicate its general effect and refers to other restrictions that may apply to the lighting of fires in the open air.

This rearrangement provides useful information for any person wanting to know about the Bylaw and what it applies to at the beginning of the Bylaw. The preamble also has links to maps showing the various fire districts so people can easily find out which fire district they are in.

(b) Add a separate section on fireworks, providing for conditions that apply when lighting fireworks.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 10 244

Currently the Bylaw is silent on anything to do with fireworks and fireworks pose a significant fire risk, especially when they are lit during the spring and summer months. The conditions ensure that fireworks are lit safely.

(c) Amend Clause 11(2) in the 2007 Bylaw relating to giving public notice of a prohibited fire season by adding that this information will also be available on the Council website.

These days many people get up-to-date information through the Internet.

(d) Exempt more cooking devices such as pizza ovens and other devices which pose a low fire risk when being operated.

More cooking devices that pose a low fire risk are commonly being used.

(e) Exempt fires for research, training and biosecurity purposes from certain restrictions and conditions.

This is a practical addition to the bylaw. For example, if there is a disease outbreak such as infected beehives, the best way to combat the outbreak may be to burn the infected hives.

(f) Amend Clause 8(b) of the 2007 Bylaw, conditions on fires (outside a prohibited fire season) by reducing from 5m to 3m the distance a fire has to be from buildings, trees, hedges etc.

Advice from the Principal Rural Fire Officer is that a 3m distance from such structures is ample.

(g) Amend Clause 10 of the 2007 Bylaw, disposal of waste, by amalgamating the two sub-clauses into one.

This simplifies the clause and makes it easier to read.

Is a bylaw the most appropriate way to address the perceived problems? For the reasons set out above and in the clause by clause analysis, the Council has determined that the proposed Bylaw is the best way to address possible issues in the wider city area to do with fire hazards and fire safety.

There have been no issues with the current bylaw, and although other education tools could also address some of the perceived problems, education materials cannot provide for an enforcement response, if required. The additional provisions included in the proposed bylaw enhance the Council’s ability to promote fire safety measures.

Appropriate form of Bylaw and New Zealand Bill of Rights Act considerations The Council considers the proposed Bylaw is in the most appropriate form. The Council considers the proposed Bylaw may give rise to implications under the New Zealand Bill of Rights Act 1990 (NZBORA) as it introduces restrictions on the lighting of fireworks and clarifies that releasing a paper (Chinese) lantern into the air is a “fire in the open air” under the Bylaw. These provisions could be regarded as limiting the right to freedom of expression in section 14 of NZBORA (or possibly the right to right to manifest a religion or belief under section 15). However, the Bylaw does not prohibit the lighting of fireworks or the lighting of a paper lantern; it only imposes conditions to ensure fireworks are lit safely, and restricts the release of paper lanterns into the air.

Even if these provisions of the Bylaw did affect the right to freedom of expression or to manifest a religion or belief, section 5 of the NZBORA provides that rights are subject to reasonable legal limits. The proposed Bylaw is a reasonable restriction on these rights and is therefore consistent with the NZBORA. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 10 245

Clause by Clause Analysis of the Current Urban Fire Safety Bylaw and the Proposed New Urban Fire Safety Bylaw

Problem/Issue Current and/or proposed clause – summary Options Recommendation discussion Clarity of terms in Clause 5 of both the current and new bylaw includes Council could propose its own definition for Adopt the new terms to be the bylaw definitions of terms used in the Bylaw. The list of firework but it is easier to use a definition already defined as suggested, add terms has been amended to include a definition of in use by the industry. The proposed definition of self contained devices not firework, and a definition of pizza oven. pizza oven could be narrowed but a wider using solid fuels to the list of The definition of “fire in the open air” has been definition covering any similar device designed for things that are not “fires in expanded to clearly exclude all devices not using solid cooking food in the open ensures all similar the open air” while also fuels as they present less safety concerns, but this devices are treated equally. making it clear that paper term will clarify that paper (Chinese) lanterns, when The definition of “fire in the open air” in the (Chinese) lanterns, but only released into the air, are a “fire in the open air”. When current bylaw could be retained but it is useful to when they are released into released they are no longer under the control of the provide greater clarity. the air, come within this person lighting the fire. definition.

Lighting fires without Clause 6 of the current Bylaw provides that if a prohibition 1. Public education on good practice for lighting fires Retain current clause in Bylaw care is not in force fires in the open air can be lit in certain in the open air. as it has proved to work well to conditions: Fire must not constitute or be likely to 2. Ask Fire Service to do more to promote good date but amend the five metre constitute a danger to people or property; must not be practice. requirement to be three metres within five metres of any combustible material; must not be 3. Have a Bylaw setting conditions that could be on the advice of the Rural Fire between the hours of sunset and sunrise; must have a enforced if necessary, and can also be used for Officer. water supply connected to a hose immediately available; education purposes. and must be adequately supervised at all times. This clause will continue to be clause 6 in the new Bylaw so the conditions on lighting fires occur early in the Bylaw.

Lighting barbecues, Clause 9 of the current Bylaw provides that barbecues, 1. Public education on good practice for using Retain current clause in Bylaw pizza ovens and pizza ovens and hangi can be lit at any time irrespective of devices. as it has proved to work well to hangi with care any prohibition in force in certain conditions. The device 2. Ask Fire Service to do more to promote good date but amend the devices must not constitute or be likely to constitute a danger to practice. able to be used to include pizza people or property; must have a water supply connected to 3. Have a Bylaw setting conditions that could be ovens and other similar a hose immediately available; and must be adequately enforced if necessary, and can also be used for enclosed device designed or supervised at all times. education purposes. intended for cooking food in the open air. REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 1 TO CLAUSE 10 246

Lighting fireworks Clause 8 of the proposed new Bylaw. This is a new clause 1. Public education on good practice for using This new clause is included with care to cover the lighting of fireworks and provides that devices. because fireworks are generally fireworks can be lit at any time irrespective of any 2. Ask Fire Service to do more to promote good lit in Christchurch during the prohibition in force in certain conditions. The fireworks practice. spring and summer months must not constitute or be likely to constitute a danger to 3. Have a Bylaw setting conditions that could be when conditions are usually dry people or property; must not be within two metres of any enforced if necessary, and can also be used for or very dry. Sparks from combustible material; must have a water supply connected education purposes. fireworks can easily set foliage to a hose immediately available; and must be adequately and buildings alight so care and supervised at all times. supervision are needed for safety reasons.

Exemptions from Clause 8 of the current Bylaw provides that the council 1. Take this clause out of the proposed Bylaw. Retain current clause in Bylaw certain restrictions may issue exemptions to the requirements of clauses 6 2. Retain this clause in the proposed Bylaw as clause as it is a sensible provision and conditions and 7 of that Bylaw. 10.

Containment of hot Clause 11 of the current Bylaw provides for the safe 1. Take this clause out of the proposed Bylaw. Retain current clause in Bylaw ashes containment of hot ashes, live cinders and embers. 2. Retain this clause in the proposed Bylaw. as it is a sensible provision.

Disposal of hot waste Clause 12 of the current Bylaw provides that hot waste 1. Take this clause out of the proposed Bylaw. Retain current clause in Bylaw may not be left in containers in public places. 2. Retain this clause in the proposed Bylaw. as it is a sensible provision.

How to prohibit the Clause 13 provides for the ability to impose a prohibited A prohibited fire season cannot be imposed through A bylaw clause needs to be lighting of fires fire season. At certain times of the year fire danger is any other means than a bylaw. retained and will promote high. It’s not enough just to ask people to comply with consistency with the Rural Fires conditions when lighting a fire. Current and earlier bylaws legislation. have included a prohibition power that has worked well to date.

Fires for research Clause 14 of the proposed new Bylaw. This is a new A bylaw is required to allow the lighting of fires for fire- This new clause is required to and training clause which provides for the ability to light fires for fire fighter training and research to be exempted as these exempt the lighting of fires for purposes. fighting training and research even if a prohibition is in activities may need to be carried out even when a fire-fighter training and research place. prohibition is in place. as these activities may need to be carried out even when a prohibition is in place.

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Exemption from Clause 15 provides that an exemption from a prohibition A bylaw is required to allow the lighting of fires in This new clause is required to prohibition made under clause 13 may be permitted where the fire is these circumstances to be exempted as these allow the lighting of fires in urgently required to prevent, reduce or overcome any activities may need to be carried out even when a these circumstances to be hazard to life, health property or the environment and a fire prohibition is in place. exempted as these activities is the most effective and efficient way of doing this. Such may need to be carried out applications for exemption and the exemption must be in even when a prohibition is in writing. place.

248 REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 10 249

Attachment 2

Statement of Proposal for the Proposed Christchurch City Council Urban Fire Safety Amendment Bylaw 2014

This statement of proposal is made under sections 83, 83A, 86, 89 and 156 of the Local Government Act 2002.

Summary Of Information

The Council proposes to revoke the Christchurch City Council Urban Fire Safety Bylaw 2007 and replace it with the Christchurch City Council Urban Fire Safety Bylaw 2014.

The Council is revoking the Bylaw because, having completed a review of the Bylaw as required by the Local Government Act, there are improvements to the Bylaw that can be made and these are best done within a new Bylaw. The Council also recommends some changes that reflect new circumstances and address the risk of fires from fireworks. The Council’s aim with the new Bylaw is to protect public safety by preventing danger from fire.

The proposed new Bylaw will:

(a) Move the explanatory note from the back of the previous Bylaw to the front, and rename it “Preamble”. This preamble is not part of the Bylaw but is intended to indicate its general effect and refers to other restrictions that may apply to the lighting of fires in the open air.

(b) Add a separate section on fireworks providing for conditions that apply when lighting fireworks.

(d) Amend Clause 11(2) relating to giving public notice of a prohibited fire season by adding that this information would be also be available on the Council website.

(e) Exempt more cooking devices such as pizza ovens and other devices which pose a low fire risk when being operated, such as gas-fired appliances.

(f) Exempt fires for research, training and biosecurity purposes from certain restrictions and conditions.

(g) Amend Clause 8(b), conditions on fires (outside a prohibited fire season) by reducing from 5m to 3m the distance a fire has to be from buildings, trees, hedges, fences or other combustible material.

Submissions

Submissions on this proposal can be made either:

- through the Have Your Say website: www.ccc.govt.nz/HaveYourSay/

- via email to: xxxx

- in writing to:

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Submissions on the proposed Urban Fire Safety Amendment Bylaw Christchurch City Council PO Box 237 Christchurch.

Submissions on the proposal may be made to the Council between xxx and xxx 2014.

It is envisaged that the Council's Hearings Panel will hear oral submissions on the Proposal during xxx 2014.

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 10 251

Statement of Proposal

The Council proposes to revoke the Christchurch City Council Urban Fire Safety Bylaw 2007 and replace it with the Christchurch City Council Urban Fire Safety Bylaw 2014.

A copy of the proposed Bylaw is included at the end of this Statement of Proposal.

Reasons for the proposal

Section 156 of the Local Government Act 2002 requires the Council to use the special consultative procedure when amending a bylaw.

This Bylaw has been reviewed as part of the Council’s 10 year Bylaw Review Programme. A report on the review is included in the section 155 analysis.

The Council is revoking the Bylaw because, having completed a review of the Bylaw as required by the Local Government Act, there are improvements to the Bylaw that can be made and these are best done within a new Bylaw. The Council also recommends some changes that reflect new circumstances, address the risk of fires from fireworks, make some wording improvements, exempts some more outdoor cooking devices, and allows fires for research, biosecurity and training purposes at any time. The Council’s aim with the new Bylaw is to protect public safety by preventing danger from fire.

Report on section 155 determination

Introduction In reviewing an existing bylaw, and when making or amending a bylaw, the Local Government Act 2002 (the Act) requires the Council to go through an analysis in accordance with section 155 of the Act. This requires that the Council must determine whether the bylaw is the most appropriate way of addressing the perceived problem, and once that has been determined, that the bylaw is in the most appropriate form, and it does not give rise to any implications under the New Zealand Bill of Rights Act 1990. A s155 analysis has been undertaken for the review of the current Urban Fire Safety bylaw and in respect of the proposed new Bylaw.

The Urban Fire Safety Bylaw 2007 was introduced in 2007 to replace the Christchurch City Fires Bylaw 2006.

The proposed Bylaw intends to continue many provisions of the 2007 Bylaw but also proposes including a separate section on fireworks, including conditions that apply when lighting fireworks,,

REGULATION AND CONSENTS COMMITTEE 17. 6. 2014 ATTACHMENT 2 TO CLAUSE 10 252

exempting more cooking devices such as pizza ovens and other devices which pose a low fire risk when being operated, and exempting fires for research, training and biosecurity purposes from certain restrictions and conditions. It also includes new definitions and clarifies the existing definition of fire in the open air. A clause by clause analysis of the current Urban Fire Safety Bylaw and the proposed new bylaw is attached at the end of this s155 determination.

Further analysis of the proposed Bylaw and the problems it seeks to address are discussed below. The proposed Bylaw will:

The proposed Bylaw will: