Draft Waste Management and Minimisation Bylaw 2023

We have two bylaws which regulate the collection, handling and disposal of waste:

1. Waste Management Bylaw 2009
2. Cleanfill and Waste Handling Operations Bylaw 2015

 The Waste Management Bylaw 2009 sets the rules for the Council’s waste collection services to:

• Prevent the contamination of recoverable resources
• Maximise the recovery of recyclable resources
• Ensure that waste is collected in a safe and efficient manner and does not cause a nuisance.

The details of the rules for the Council’s waste management services are contained in terms and conditions under the bylaw.

The Cleanfill and Waste Handling Operations Bylaw 2015 applies to commercial waste handling operations, including clean fill operations, to:

• Regulate and monitor operators
• Protect, promote and maintain public health and safety 
• Provide comprehensive data and information for planning and waste management and minimisation purposes

 The bylaws were due for review by 2025, but we reviewed them sooner to remain fit for purpose. This means the new bylaw will be:

• Consistent with recent changes to regulations under the Waste Minimisation Act
• Assist in achieving the Council’s Waste Management and Minimisation Plan 2020, including the goal to move towards zero waste
• Consistent with the Council’s Climate Resilience Strategy

As a result of our review, the Council decided to replace the two existing bylaws with one bylaw to regulate all waste collection services and operations, including landfills.  

We have also reviewed the terms and conditions for Council’s waste management services - the kerbside collection and the rural community collection points.

When the Council reviews a bylaw, or makes a replacement bylaw, it must complete an assessment under section 155 of the Local Government Act 2002 to determine whether the bylaw:

• Is the most appropriate way of addressing problems
• Is the most appropriate form of bylaw
• Gives rise to any implications under the New Zealand Bill of Rights Act 1990.

Subject to any changes that may result from the consultation process, the Council is satisfied the proposed replacement bylaw is the most appropriate way to address the actual, and perceived, problems associated with waste management and minimisation, and does not raise any issues or inconsistencies with the New Zealand Bill of Rights Act 1990.

The Bylaw Review Report Section 155 Analysis,(external link) including the Clause-by-Clause Analysis, contains a full explanation of these considerations, including an analysis of the actual and perceived problems, and the proposed changes to the bylaw.  

Overall, the current bylaws are achieving their purpose and regulating the right things. However, some of the rules of the 2009 and 2015 bylaws have been assessed and there are also emerging issues that need to be addressed due to:

• Recent changes to regulations under the Waste Minimisation Act 2008
• The Christchurch Waste Management and Minimisation Plan 2020 and the Climate Resilience Strategy
• Proposed changes to the national waste management framework e.g., introduction of a Container Return Scheme
• An identified need for better integration in all aspects of waste management.

In addition to the changes outlined below, the following changes are proposed:

• Review of outdated references e.g., to standards, or legislation 
• Changes to wording that does not alter the intent of the bylaw, to improve clarity, and in some cases, enforceability
• Update of definitions to improve clarity and consistency. The new definitions are considered necessary to assist with enforcement and make the bylaw easier to understand. An example is the new definition of Managed or Controlled Landfill which is made for consistency with recent changes to the Waste Minimisation (Calculation & Payment Waste Disposal Levy) Regulations 2009.

The main changes are to:

1. Allow the Chief Executive to make changes to terms and conditions.
2. Allow residents to opt out of, and not pay for, the Council’s kerbside collection services in certain circumstances e.g., where the Council’s contractor cannot easily access an area.
3. Provide more flexible rules for Council kerbside collection service, e.g., to allow for a wider range of bin options.
4. Allow new requirements for waste management plans in some circumstances so that waste is managed more effectively for:
   • Multi-unit residential developments
   • Demolition and construction activities
   • Large-scale events.
5. Allow new rules to address the problems caused by unaddressed mail and advertising material and to deal with nuisance from litter, including litter around donation boxes for clothing and household goods.
6. Allow the Council to set standards for the collection points for recycling and diverted materials, given the likely introduction of container return schemes.
7. Revise provisions for waste handling and disposal facilities to support the diversion of materials from landfill and to ensure that all waste materials are disposed of appropriately.
8. Amend the licensing requirements for waste operators, including for the collection of data, to enable more effective monitoring of the effectiveness of the Council’s Waste Management and Minimisation Plan.