1

Statement of Proposal Draft Consolidated General Bylaw 2020

Summary

2

Before making any final decision, we’d like to know your views. The closing date for submissions is 19 June 2020 and you can tell us your views in person* on 30 June 20202. Further information on how to provide us with your feedback is included in this Summary. *Depending on Covid-19 restrictions at the time of the scheduled hearing, your attendance may be through an audio or audio-visual link.

Timeline for considering the proposed Bylaw Submissions period: 11 May – 19 June 2020 Hearing: 30 June 2020 Deliberations on submissions and recommendations on the proposal: July 2020 Council makes the new Bylaw: September 2020 Bylaw comes into force: September 2020

Kaipara District Council is proposing to replace our expiring Consolidated General Bylaw with a new Consolidated General Bylaw (the Bylaw). This summary document provides an overview of the key changes between the 2008 Bylaw and the proposed one and it gives you an overview of the reasons these changes are proposed. You can also view the full Statement of Proposal, which includes copies of the current as well as the proposed Bylaw and a more detailed description of the reasons for the proposed changes. Information on where to obtain a copy of the Statement of Proposal is included on page 5 of this Summary.

This Summary Statement of Proposal is prepared under sections 83, 83AA and 86 of the Local Government Act 2002.

3

How to give us your feedback There are a few ways you can tell us what you think. You can submit in writing and/or you can talk to the General Bylaws Panel, which comprises of three Elected Members of Council at the hearing. Please read this Summary or the full Statement of Proposal (see page 5) fully before making your comments.

Hearing A hearing is an option if you want to address the General Bylaws Panel in person and answer any questions Councillors may have about your feedback. You don’t have to provide a written submission to attend. To register to attend the hearing you can either: • fillintherelevantsectionsofthesubmissionform,or

• let us know through the other options listed on the bottom of this page.

Thehearingwillbeheldon30June2020.Wewillconfirmamoreexacttimeforyoutoattendcloser to the date. Information on a hearing process and what to expect if you want to attend the hearing will be senttoyouwhenweconfirmyourtimetoattend.

Written submissions You can provide us with a written submission. There are a few options for you as to how to do this. These are listed at the bottom of this page.

What will happen with your feedback All feedback received will be summarised and reported back to the General Bylaws Panel to support their deliberations on the proposal. They will receive copies of all written submissions as well.

How to get your submission to us and/or let us know you want to attend the hearing • Fill in the form at the back of this document and send it to us by post or email • Do it online: www.kaipara.govt.nz/haveyoursay See the submission form at the back of this document for further details.

Covid-19 implications for submissions and hearings We don’t yet know at what level of the Covid-19 alert system we will be operating during the submissions period and on the scheduled hearing date. This may mean that if you wish to attend the hearing to tell the General Bylaws Panel your views in person, this may have to be done through an audio or an audio-visual link. We will advise you of your options on this and how to attend the hearing in this way closer to the date. If the meeting is able to proceed in the usual way, then it will be held at the Dargaville Town Hall. We may also not be able to receive your submissions over the counter at our Customer Services Centres. There are still plenty of options for you to let us know your feedback and you will even be able to call us and give us your feedback over the phone. See page 6 of this document for further information.

4

Overview Council is required to regularly review most of its bylaws and then consult with the community on the outcome of the review. The current Bylaw was last fully reviewed in 2008. Council has reviewed all Parts of the Consolidated General Bylaw 2008 in accordance with sections 155 and 77 of the Local Government Act 2002 and is now proposing to replace the current Bylaw with a new General Consolidated Bylaw 2008. Council is seeking feedback from thecommunitybeforemakingafinaldecisionontheproposal.

Proposal Council completed the ten year review of the Bylaw in 2019 and as a result of this review, is proposing to make a new Bylaw. A large proportion of the current Bylaw is proposed to remain substantively unchanged in terms of content and context, however a number of matters have beenidentifiedthatrequireamending.Additionally,ithasbeensubstantiallyeditedtoprovideamoresimplifiedplainEnglishversion.Asaresult,theproposedBylaw: • reflectslegislativeandtechnologicalchange • removes duplication • makes provisions clearer • ensures provisions are appropriately located within the Bylaw The review has also determined that a small number of provisions and some associated powers should be added to the Bylaw to ensure the Bylaw can be appropriately enforced. Two Parts of the Bylaw are proposed to be amended considerably in terms of content and context, these are Part 4 - Solid Waste and Part 9 – Cemeteries and Crematoria. These changes havebeenmadetoreflectCouncilpolicy,legislativechanges,andtoimprovetransparency. Theyhavealsobeenchangedtoreflecttoday’senvironmentaroundmanagementof perceived issues. ItisalsoproposedtoremovefivePartsoftheBylaw;AmusementGalleries,PublicLibrariesand Recreational and Cultural Facilities, Gin Traps and Skateboards. Some clauses of the Skateboards Part have been transferred into the Public Places Part. These removals are being proposed as it is no longer consider appropriate to regulate these matters through bylaw provisions. Due to the broad nature of proposed changes, Council is proposing to make a new Bylaw instead of amending the existing one.

Summary of key changes to Parts Part 1 – Introductory ImprovestheadministrationPartofthedraftBylaw2020,includingcommondefinitions,processaroundlicensingandthegeneraloffencesandpenalties.

Part 2 – Public Places Retains similar provisions to the Bylaw 2008. There are additional clauses requiring permissions fordronesinapublicplace,andtoletofffireworksinapublicplace.TherearenewenablingprovisionstogiveeffecttotheSmokefreeKaiparaPolicy,andcontrolsaroundskateboards.

Part 3 – Trading in a Public Place or Trading as a Hawker, Mobile Shop or Itinerant Trader The main change is to the name of this Part.

Part 4 – Solid Waste ThisPartcontainssignificantproposedchanges.ThereisacompletechangeinscopetobetterreflectlegislationandCouncilPolicyaroundwasteminimization.Theprovisionsarestrongerand clearer about what people are required to do and new controls around waste collectors.

Part 5 – Signs This Part is largely the same as the Bylaw 2008 with additional clauses around billboards.

Part 8 – Animals, Poultry, Stock and Bees The main changes include clarity of the provisions and better information on where the Bylaw 2020 does and does not apply.

Part 9 – Cemeteries and Crematoria This Part, has no change in its scope to help manage and set controls around Council owned cemeteries.However,howtheBylaw2020supportsthatroleiscompletelydifferentinthatitprovides more detail and clarity around how this is done. It is a lot more transparent on how we manage our cemeteries and provides clarity on the controls within cemeteries.

Part 12 – Nuisances This is largely the same as the Bylaw 2008, with the addition of not allowing dead animals to cause a nuisance.

Part 15 – Traffic This Part, is largely the same, with new enabling provisions to put in place weight restrictions on roadsandbridges,andplacementofU-turns.ItisproposedtouseadifferentmethodtorecordinformationondecisionsmaderelevanttothisPartasthiswillbemorecosteffective.

Part 16 – Water Supply ThisPart,hashadsubstantialchangestothewayitiswordedandhowitflows.Thecontentinterms of what it covers is largely the same, with the inclusion of the process around exemptions from water restrictions.

Part 17 – Land Drainage There are some minor wording changes to improve readability.

Want to know more? If you want to read the full Statement of Proposal, including a copy of the full proposed Consolidated General Bylaws you have two options: Go online: www.kaipara.govt.nz/haveyoursay Ask us to send you a hardcopy: Ring us on 09 439 7059 or 0800 727 059 and ask one of our friendly Customer Service team members to put one in the mail for you. Depending on the Covid-19 Alert Level we are at, you may also be able to pop in to one of our Customer Service Centres or our Libraries to view a copy.

5

6

SUBMISSION FORM – Proposed Consolidated General Bylaws Thank you for taking this opportunity to comment, we welcome your feedback.

Please enter your details below

First name(s): Last name:

Postal address:

Mobile: Other phone:

Email:

I am writing this submission: as an individual on behalf of an organisation

Organisation name:

Tell us in person If you are providing a written submission, you can also attend our hearing to tell us about your thoughts in person. Please tick the box below. Alternatively, you don’t have to write a submission to provide us with your feedback. You can use this form to register to attend the hearing and just tell us your thoughts in person.

Tuesday 30 June 2020 Yes No

Depending on the Covid-19 Alert Level at the time of the hearing this will be either held in the Dargaville TownHallorremotewithaudiooraudio-visuallinks.Wewilladviseyouofthefinalformatclosertothedate. Please get your submission and/or your hearing registration to us by 5pm Friday 19 June 2020.

Tell us in writing Be sure to get your written comments to us by 5.00pm on Friday 19 June. Follow the instructions and provide your comments on the next page.

How to register and/or get your feedback to us In person: By visiting our customer service desks at either Dargaville, 42 Hokianga Road or

Mangawhai, 6 Molesworth Drive (Unless we are still closed to the public due to the Covid-19 Alert Level).

On the phone: Phone 09 439 9299andoneofourfriendlyCustomerServicesstaffwilltakeyourregistrationorcanevenfillthisformoutforyouoverthephone.

By mail: General Bylaws - Kaipara District Council, Private Bag 1001, Dargaville 0340

Online: Complete this form online: www.kaipara.govt.nz/haveyoursay

Email: Email us at submissions@kaipara.govt.nz and put ‘General Bylaws’ in the subject line.

Join Kaipara District People’s Panel!Tick the box if you want to be added to Kaipara District People’s Panel. As a member you will be asked periodically to complete short surveys, as well as to participate in other consultations Council is undertaking in the future. If you tick ‘yes’, you will be sent an email for more information about the panel andaninvitationtocompleteyourfirstsurvey.

I would like to join the People’s Panel: Yes No

7

Points to remember when making a submission • Please print clearly. The form should be easy to read and be understood and may need

to be photocopied.

• We will acknowledge every submission received. Please ensure that you provide appropriate contact details for this. Emails are our preferred form of communication.

• Submissions, as part of the public consultation process are a public record, and will be included in a publicly available Agenda, and will remain on Council’s Minute records.

• Your submission will not be returned to you once it is lodged with Council. Please keep a copy for your reference.

Please comment here on any parts of the Bylaw that are proposed to be revoked and not replaced here. If appropriate tell us what decision you want Council to make about the matter(s) you are commenting on.

I want to comment on (tick as many as appropriate): Part 6 – Amusement Galleries Part 10 – Public Libraries Part 11 Cultural and Recreation Facilities Part 13 – Skateboards Part 14 Gin Traps

Please comment here on any parts of the proposed new Bylaw. If appropriate, tell us what decision you want Council to make about the matter(s) you are commenting on.

I want to comment on (tick as many as appropriate): Part 1- introduction Part 2 – Public Places Part 3 – Trading in Public Places and Part 4 – Solid Waste

Trading as a Hawker, Mobile Shop or Itinerant Trader

Part 5 – Control of Advertising Signs Part 8 – Keeping of Animals, Poultry, Stock and Bees

Part 9 – Cemeteries and Crematoria Part 12 – Nuisances

Feel free to add additional pages if required.