The Public Places Bylaw 2018 provides for reasonable controls to balance public and private use of public places.
Public places provide great opportunities for people to use and enjoy the space around our community together. However, because public land is open to everyone, the competing interests can create obstructions and health and safety concerns. They can also have an impact on the environment or commercial activities on adjacent private land. Regulation helps us manage these concerns.
The Public Places Bylaw 2018:
This bylaw is made under sections 145 and 146 of the Local Government Act 2002.
|Act||means the Local Government Act 2002|
|Authorised officer||means an officer or other person appointed by the Council to perform duties, or give permissions under this bylaw.|
|Corridor Access Request (CAR)||means an application to carry out any work or activity that affects the normal operation of the road, footpath and grass berm, prior to performing the work or activity.|
|Council||means the Christchurch City Council and includes any person authorised by the Council to act on its behalf.|
|District plan||means the Christchurch District Plan|
|Event||means an organised temporary activity with set start and end dates, which is set-up in a public place. It may be free or ticketed, conducted for the purpose of attracting revenue, support, awareness, and/or for entertainment, community connection or competition. An event may include the erection of structures, setting up of equipment, and other activities that could require exclusive use or prevent access or use by others of the public place.|
|Public place||means an area that is open to or used by the public, and which is owned, managed, maintained or controlled by the Council. Public places include, but are not limited to: roads, streets, footpaths, alleys, pedestrian malls, cycle tracks, lanes, accessways, thoroughfares, squares, carparks, reserves, parks, beaches, foreshore, riverbanks, berms, verges, and recreational grounds.
Explanatory note: Privately-owned public places, such as lanes or squares, will only fall within the above definition if they are also managed, maintained or controlled by the Council. The Council will consider on a case-by-case basis in discussion with the land-owner whether any privately-owned public places should come under Council's management, maintenance or control for the purposes of this Bylaw. Similarly, the Council may enter into an arrangement with the Crown to manage, maintain or control its land by mutual agreement, usually where the land is adjacent to Council-owned land.
|Rural area||means any area of the district where farming is commonly undertaken and where fencing is required for such purposes, e.g. to enclose livestock.|
|Sign/signage||means an advertisement, message or notice conveyed using any visual medium, which advertises or promotes a product, business, service, or event or acts to inform or warn any person, and includes:
|Street performance||includes busking and means a person or group of persons who is/are actively providing a performance to entertain in exchange for a donation. A street performance may include sounding or playing a musical instrument, singing, reciting or performing conjuring, juggling, puppetry, miming, statue acts, dancing or other entertainment, or doing any of those things concurrently.|
|Traffic Management Plan||means a document describing the design, implementation, management, and removal of temporary traffic management measures (such as signs and road cones) while an activity or event is taking place within the road or adjacent to and affecting the road. This includes plans prepared for one-off events and generic plans to cover activities carried out frequently.|
2. Any undefined words, phrases or expressions used in this bylaw have the same meaning as in the Act, unless the context plainly requires a different meaning.
3. Explanatory notes are not part of this bylaw and the Council may add, amend or delete explanatory notes at any time without amending the bylaw.
The initial resolution to make this bylaw was passed by the Christchurch City Council at a meeting of the Council held on 12 July 2018 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 22 November 2018.
The Council has resolved under clause 11 of the Christchurch City Public Places Bylaw 2018 that the area of Cathedral Square near the Godley Statue be designated as ‘Speaker’s Corner’.
Speaker’s Corner is a platform to express any lawful view, idea or opinion, and should be used to engage, inform and enrich opinion.
Speakers must observe the following code. Failing to comply with these conditions is a breach of the Public Places Bylaw 2018.
The Council adopted the Public Places Bylaw 2018 on 22 November 2018. It will come into force on 1 December 2018.
The review of the bylaw involved consultation with the community, and was intended to make the Council’s public place controls more effective and easier to administer and enforce, and to reflect current circumstances.
The changes made in the 2018 Bylaw include:
The bylaw revokes and replaces the following:
The Council may adopt policies related to matters regulated by the Public Places Bylaw: