Public Places Bylaw and Policy 2018

The Council is reviewing its Public Places Bylaw and Trading and Events in Public Places Policy to ensure there are reasonable controls to balance public and private uses of public places.

Consultation has now closed

Named submissions and a staff report were considered by the Hearings Panel. These documents are now available online(external link).

The Hearings Panel considered all information presented and will make a recommendation to the Council, who will then make a final decision.

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The bylaw:

• Requires anyone wanting to undertake a commercial activity or to create an obstruction in a public place to get permission from the Council, or comply with pre-set conditions;
• Enables the Council to declare Special Use Areas to prohibit or allow activities in specific locations; and
• Prevents barbed, razor or electrified wire from being used in fencing in a way that could endanger public safety.

Public places provide many opportunities for the community to use and enjoy the space, however, due to the nature of public land being open to all, the competing interests can create obstructions, health and safety concerns, and impact on the environment or commercial activities on adjacent private land. Regulation assists in managing these concerns.

The bylaw amendments

The review of the bylaw is intended to make the Council’s public place controls more effective, easier to administer and enforce, and to reflect current circumstances.

New issues that have been identified for inclusion in the bylaw are:

• Street numbering – the new clause requires the owner/occupier of any building to display the building number allocated by the Council to be displayed in a position visible from the road. This will assist the public, and emergency services, to locate buildings;
• Signage – the new clause intends to ensure signs do not impede pedestrian or vehicular access, and manage proliferation of signage in some areas;
• Events – including a clause specifically referring event organisers to get a Council permit aligns the bylaw with the Trading and Events in Public Places Policy and other Council bylaws, and provides coverage for events that are not commercial.

The policy amendments

Commercial activities, including events, in public places, where appropriate and managed, can add character, vibrancy and safety to urban areas, and can attract visitors to these locations. Examples of commercial activities include market stalls, events, mobile traders, busking and street collections. Commercial activity is regulated so the Council is aware of who is carrying out commercial activities on Council land and to manage any appropriate conditions for specific activities.

The review of the policy is intended to make it clearer and easier to understand for people wanting to trade or hold events in public places. The majority of changes relate to style, removal of duplication in the general conditions section, and updating the policy objectives.

There are no substantial changes to the policy for markets, stalls, mobile or travelling shops and mobile food stalls, goods or services for hire or sale and hawkers/pedlars. All these activities continue to require a permit or licence from the Council.

New additions to the policy include requiring permission for street appeals, fundraising, promotional material and free giveaways.

Special Use Areas:

Under the bylaw the Council can create Special Use Areas where certain activities can or cannot be undertaken. There are three Special Use Areas that the Council are considering making changes to:

• The Council is proposing a new Code of Conduct for street performances in the central city, so instead of having a permit system and nominated busking sites (which are currently on Worcester Boulevard and Cathedral Square), performers will have to abide by the Code of Conduct. Outside the central city and for certain performances in the central city, a permit will still be required.
• A Code of Conduct is also proposed for Speaker’s Corner in Cathedral Square to ensure some general conditions are met by speakers. No changes will be made, at this time, to the location as the Square redevelopment is still to be determined.
• Cranmer Square and Latimer Square were both made ‘no camping areas’ under the Public Places Bylaw. Since then, the Freedom Camping Bylaw has come into force which controls freedom camping, so it is no longer necessary for the Public Places Bylaw to duplicate the regulation.

Legal considerations

The Local Government Act 2002 enables the Council to develop a bylaw to:

• protect the public from nuisance, promote and maintain public health and safety, and minimise the potential for offensive behaviour in public places;
• regulate a number of activities, including trading in public places; and
• manage, regulate against or protect from damage, misuse or loss, certain structures, infrastructure and land under its control.

The Council is satisfied that the prohibitions and restrictions in the proposed bylaw are necessary, for the purposes identified in the Local Government Act 2002 section 155 analysis [DOCX, 31 KB].

The Council is satisfied the proposed amendments to the bylaw are the most appropriate and proportionate way to address the actual and perceived problems associated with commercial activities, obstructions and other uses of public places. The proposed Public Places Bylaw is consistent with the New Zealand Bill of Rights Act 1990, and only seeks to impose justifiable and reasonable limits on people in the interest of reducing the impacts on public health and safety, public access and the natural environment.