Proposed Traffic and Parking Bylaw 2017

Christchurch City Council wants to simplify some of the rules and way they are enforced on our roads and we’d like your feedback on what we’re proposing.

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Consultation on the proposed Traffic and Parking Bylaw 2017 has now closed. 

Submissions were heard in October 2017.  The Hearings Panel reported back to Council on 23 November 2017, recommending the Council adopt the proposed bylaw, with amendments as a result of consultation. The Council adopted the bylaw which will come into force on 1 March 2018.  The final form of the bylaw will be put on this website when it has been formally adopted, and will replace the 2008 bylaw. 

[item 27 on the agenda(external link)]

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We intend to merge two traffic-related bylaws – the Traffic and Parking Bylaw 2008 and the Speed Limits Bylaw 2010 — and create a new bylaw: the Christchurch City Council Traffic and Parking Bylaw 2017.  

This new bylaw would apply to the Christchurch City Council district, including Banks Peninsula.  

Changes proposed in the draft bylaw include

• Parking on berms where there is a hard kerb will not be allowed, and this will no longer need to be notified with a sign;
• Providing for the new types of surfaces and landscaped areas found on some central city roads;
• Restrictions on the parking of motorhomes, immobilised vehicles and trailers, and storing vehicles on the road;
• Stopping vehicles being parked on roadsides when it is done only to display them as being for sale;
• New wording relating to traffic movements and new clauses allowing the Council to restrict classes of vehicle, e.g.  heavy vehicles, on  designated roads;
• Restrictions on motor vehicles on unformed legal roads (paper roads);
• Clauses for managing events on roads, other temporary uses of the legal road, vehicle crossings and temporary access ways;
• Making it clear that drivers of trade vehicles, e.g. car carriers, can’t obstruct the road while loading and unloading their vehicle unless they have permission;
• A new clause that makes it clear that Council officers can ask an applicant to provide information such as a Traffic Management Plan or a Corridor Access Request.

Why is the Council reviewing the bylaws and proposing a new bylaw?

The Council is required by law to review all bylaws over time to ensure that they remain fit for purpose. 

When reviewing a bylaw the Council is required to determine the following things:

• What is the perceived problem?
• Is a bylaw the most appropriate way of addressing the problem?
• Is the proposed bylaw drafted in the most appropriate form?
• Are there any New Zealand Bill of Rights Act 1990 implications?

As part of the review of the bylaw, a Council report (known as a section 155 report) was prepared.  The section 155 report identified the various problems associated with each clause /issue and assessed options to deal with those issues/problems.  It also looks at any possible Bill of Rights implications.

Overall, the Council considered whether or not it should have a bylaw or retain the existing bylaws, but concluded that the only reasonable practicable option was to have a new replacement Traffic and Parking Bylaw addressing the various problems raised in the review. 

Each bylaw clause has been examined and new issues have been identified and assessed. This analysis of options is contained in the section 155 report [PDF, 62 KB] along with the full list of changes to the bylaw, which includes an outline of each new clause and describes the amendments made to the existing bylaw clauses along with the rationale for these changes.

The review of the bylaws is intended to make the Council’s traffic, parking and speed limit controls more effective, easier to administer and enforce, and to reflect current circumstances.

Some of the changes in the proposed replacement bylaw reflect changes in legislation and legal interpretation. The proposed replacement bylaw also removes the schedules to the old bylaw and retains the relevant information in registers. This removes duplication and improves processes for updating the information.

Changes to the practice of traffic management and to street design are incorporated into the proposed new bylaw. For example, it provides for shared zones and paths (clauses 19 and 20) and for the new ‘hard’ landscaping on inner city streets (clause 11). 

You should also note that consultation on this proposed bylaw, and the changes it introduces when adopted, do not remove the requirement to consult with local communities about specific issues such as cycle-ways, resident parking areas or no-stopping areas.

Further information

You can read more information about the Traffic and Parking Bylaw review.           

You can also call 03 941 8999

Or email: engagement@ccc.govt.nz

What happens next?

• Submissions close on Monday 25 September 2017.
• A Hearings Panel will hear submissions in October.
• The Council will consider all submissions, make its decision and then let submitters know the outcome.
• The new bylaw is expected to come into force by the end of this year.