The Traffic and Parking Bylaw 2017 was approved by the Council on 23 November 2017, and came into force on 1 March 2018.
This bylaw is made under the Land Transport Act 1998, the Local Government Act 2002, and Part 4 is also made in accordance with the Land Transport Rule: Setting of Speed Limits 2017.
1. Short title
- This bylaw is the Christchurch City Council Traffic and Parking Bylaw 2017.
- This bylaw comes into force on 1 March 2018.
- This bylaw applies generally to all roads under the care, control and management of the Council.
- The purpose of this bylaw is to set out the requirements for parking and control of vehicular or other traffic on any road or area under the care, control or management of the Council.
- In this bylaw, unless the context otherwise requires
Means the Land Transport Act 1998 and the regulations and the rules made under that Act.
Means an officer or other person appointed by the Council to perform duties, or give permissions under this bylaw.
|Class of vehicle
Means groupings of vehicles defined by reference to any common feature and includes -
- vehicles by type, description, weight, size or dimension;
- vehicles carrying specified classes of load by the mass, size or nature of such loads;
- vehicles carrying no fewer or less than a specified number of occupants;
- vehicles used for specified purposes;
- vehicles driven by specified classes of persons;
- carpool and shared vehicles; and
- vehicles displaying a permit authorised by the Council.
Means that part of a road laid out for vehicular traffic as determined by the Council under section 319 of the Local Government Act 1974.
|Corridor of 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.
Means the Christchurch City Council and includes any person authorised by the Council to act on its behalf.
Means, in accordance with section 8.2 of the Speed Limits Rule, any of the following: a car park, an educational or scientific institution; a commercial or industrial facility; a health facility; a residential facility; marae land; a camping ground; a sports facility or other recreational area; a botanical garden; a cultural reserve; a port or wharf area; an airport; a beach; a cemetery or urupā; a facility operated by the New Zealand Defence Force; a facility operated by the Department of Corrections; any other location approved by the New Zealand Transport Agency by notice in the Gazette.
- any person who has been appointed as an enforcement officer by the Council under the Local Government Act 2002; or
- any person who is an enforcement officer under the Land Transport Act 1998.
Is the area behind a kerb which is laid out in grass.
Means any vehicle that cannot be moved on its own because it is mechanically not able to be moved or has a wheel or wheels missing from the vehicle.
Means any vehicle designed or converted to be used for human habitation, whether self contained or not, and includes a caravan, campervan, or house truck.
|Parking coupon or coupon
Means a coupon issued by or on behalf of the Council to any person for the purpose of parking a vehicle in accordance with the provisions of this bylaw.
Means a parking meter or other device that is used to collect payment in exchange for parking a vehicle in a particular place for a limited time.
Means a place (including a building or a road) where vehicles, or any class of vehicles, may stop, stand, or park.
Means a receipt produced by a parking machine to indicate the payment of a parking fee for parking and the end of the period allowed.
Means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all or of the following persons at the same time -
- riders of mobility devices;
- riders of wheeled recreational devices.
Means a length of roadway intended to be used by pedestrians and vehicles (including cyclists).
- means, in accordance with part 2(1) of the Speed Limits Rule
- an urban, rural, permanent, holiday, temporary, variable or minimum speed limit; and
- the maximum speed at which a vehicle may legally be operated on a particular road; but
- does not mean the maximum permitted operating speed for classes or types of vehicle specified in any Act, regulation or rule.
|Speed limit rules
Means the Land Transport Rule: Setting of Speed Limits Rule 2017.
|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.
Has the same meaning as in section 591(6) of the Local Government Act 1974 and generally means a place where transport-service vehicles may wait between trips, and all buildings and facilities associated with the use of that place.
|Urban traffic area
Means an area designated pursuant to the Speed Limits Rule that consists of one or more specified roads or a specified geographical area, to which the urban speed limit generally applies.
Has the same meaning as in Part 2 of the Land Transport Rule: Traffic Control Devices 2004.
|Zone parking area
Means an area where zone parking applies.
- In this bylaw, unless the context otherwise requires -
- motor vehicle, owner, parking, road, and vehicle have the same meanings as in section 2(1) of the Land Transport Act 1998; and
- bus lane, cycle, cycle lane, cycle path, driver, emergency vehicle, footpath, mobility device, power assisted cycle, roadway, and special vehicle lane have the same meanings as in clause 1.6 of the Land Transport (Road User) Rule 2004.
- 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.
- The Interpretation Act 1999 applies to the interpretation of this bylaw.
- Explanatory notes are not part of the bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the bylaw.
Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to up updated before the bylaw itself has to be updated.
6. Resolutions made under this bylaw
- A resolution may be made under this bylaw -
- to regulate, control or prohibit any matter or thing generally, or for any specific classes of case, or in a particular case; or
- that applies to all vehicles or traffic or to any specified class of vehicles or traffic using a road; or
- that applies to any road or part of a road, greenspace adjoining the road, building, or transport station under the care, control, or management of the Council; or
- that applies at any specified time or period of time.
- The Council may subsequently amend or revoke any resolution made under this bylaw at any time.
Part 1 – Parking
7. Stopping, standing and parking
- The Council may by resolution -
- prohibit or restrict the stopping, standing or parking of vehicles, or any class of vehicles, on any road; or
- limit the stopping, standing or parking of vehicles on any road to any class of vehicles.
- Any prohibition, restriction or limitation may be subject to such conditions as the Council thinks fit.
- A person must not stop, stand or park a vehicle on any road in contravention of a prohibition, restriction or limitation made by the Council.
Examples of restrictions include:
- prohibiting parking on any roads (“No Stopping”);
- prohibiting heavy motor vehicles from parking on roads in residential areas;
- prohibiting trailers and motorhomes from parking in certain locations (e.g. next to slipway entrances); and
- providing for bus stops, taxi stands and loading zones.
8. Parking places, parking buildings, transport stations and zone parking areas
- The Council may by resolution -
- designate an area to be a zone parking area and the restrictions that apply in that zone parking area (“zone parking controls”); and
- reserve any area of land or any road or any part of a road or any building or any part of a building owned or under the care, management or control of the Council to be a parking place or a transport station, subject to restrictions; and
- specify the vehicles or classes of vehicle that can use or must not use a parking place or transport station or zone parking area; and
- prescribe the restrictions that apply including (without limitation) the times, manner and other conditions for the parking of vehicles or classes of vehicles in a parking place or transport station or zone parking area; and
- any charges to be paid for the use of a parking place or transport station or in a zone parking area; and
- the manner by which parking charges may be paid by the use of parking machines or in any other specified manner; and
- make provision for the efficient management and control of a parking place or transport station or zone parking area.
- Any restrictions that apply to a zone parking area, do not apply in locations within that zone parking area where other specific stopping, standing or parking restrictions apply.
- Where the Council has prescribed a fee for parking in a parking place or transport station or zone parking area, any person parking there must -
- pay the fee without delay and in the manner so prescribed; and
- if a parking receipt or parking coupon, in paper form, states that it must be displayed in or on the vehicle, display the parking receipt or parking coupon in accordance with the instructions printed on it.
- A person must not park a vehicle in a parking place or transport station or zone parking area in contravention of any prohibition or restriction made by the Council.
This clause provides for both on-street and off-street parking that is subject to restrictions. Examples of restrictions include prescribing:
- the number and location of parking spaces;
- when restrictions apply and the length of those restrictions; and
- parking charges and the method of payment for those charges.
If the Council designates an area as a zone parking area, the parking restrictions in that zone may apply to a number of roads. Parking zones can apply in areas where people using vehicles within the area can reasonably be expected to be aware of the application of the parking restriction to the area, without the need for signs at each intersection within the area.
9. Temporary discontinuance of a parking place
- If an authorised officer is of the opinion that any parking place should be temporarily discontinued as a parking place, the authorised officer may authorise the placement of a sign or other controls that sufficiently indicates "No Stopping" at such parking place.
- If an authorised officer is of the opinion that any parking place should be temporarily discontinued as a parking place, except for the use by specified vehicles or classes of vehicle, the authorised officer may authorise the placement of a sign or other controls that sufficiently reserves parking, stopping or standing provisions for specified vehicles or classes of vehicles at such parking place.
Explanatory note: From time to time, the Council may need to temporarily discontinue parking places and use those places for other temporary activities. For example, temporary bus stops, temporary bus lanes, and construction activity spaces.
- No person may -
- stop or park a vehicle at:
- a parking place affected by a sign or other traffic controls under subclause (1); or
- a parking place affected by a sign or traffic control under subclause (2) unless that person is specifically authorised by the authorised officer or complies with any specified condition by the sign or traffic control.
- remove any signs or traffic controls authorised under subclauses (1) or (2).
- Any sign or traffic control installed under this clause must be removed after a period of three months from installation unless the Council, by resolution, has approved its continued use.
10. Residents’ parking
- The Council may by resolution reserve any specified parking place or places as -
- residents’ only parking area for the exclusive use of persons who reside in the vicinity; or
- a residents’ exemption parking area for the use of persons who reside in the vicinity.
Explanatory note: residents with a residents’ parking permit are exempt from general parking, stopping and standing restrictions in the exemption area, for example a parking place with time restrictions.
- The Council may by resolution prescribe -
- any fees to be paid annually or in any other specified manner, for the use of a residents’ parking area or a residents’ exemption parking area; and
- the manner by which any such fees may be paid for the use of a residents’ parking area or a residents’ exemption area; and
- which parking, stopping and standing restrictions permit holders are exempt from within a residents’ exemption parking area.
- Any person who parks a vehicle in a residents’ only parking area must pay the prescribed residents’ parking permit fee and display a current approved residents’ parking permit so that it is clearly visible.
- To be exempt from parking restrictions, including parking charges, any person who parks a vehicle in a residents’ exemption parking area must pay the prescribed residents’ parking permit fee and display a current approved residents’ parking permit so that it is clearly visible.
- A person must not park a vehicle in a residents’ parking area in contravention of a prohibition or restriction made by the Council under this clause.
11. No parking on certain parts of the road
- A person must not stop, stand or park a motor vehicle, wholly or partially, on that part of any road which is laid out as a cultivated area, being a garden or grass berm.
- A person must not stop, stand or park, wholly or partially, a motor vehicle on that part of any road which has been separated from the roadway by a kerb that is a paved or other surfaced landscaped area, with or without a planted area, and whether or not it is designed for use by pedestrians.
- A person may stop, stand or park a motor vehicle in contravention of sub-clauses (1) and (2) if-
- that part of the road is designed and constructed to accommodate a parked vehicle; or
- an authorised officer has given written permission to stop, stand or park a vehicle in that part of the road; or
- the Council, by resolution, has allowed motor vehicles to stop, stand, or park in that part of the road.
- Clause 6.2(2) of the Land Transport (Road User) Rule 2004 applies to this clause, and clause 6.2(1) of that Rule does not apply.
Explanatory note: This clause still allows a person to stop, stand or park a motor vehicle off the roadway where there is no kerb unless otherwise restricted by signs and/or markings. For example, a person may park a motor vehicle off the roadway on a rural road on the grass verge or on a beachfront area.
All resolutions made under this clause by the Council will be recorded in a register which is available to members of the public on request.
12. Motorhomes, immobilised vehicles and trailers
- No person may park a motorhome, immobilised vehicle or trailer, whether or not the trailer is attached to another vehicle, on any road for a continuous period exceeding seven days without the prior written permission of an authorised officer.
- Parking on any road for a continuous period exceeding seven days in sub-clause (1) includes parking on any road within 500 metres of the original parking place, at any time during the seven days.
Explanatory note: The restriction on the parking of trailers to a maximum of seven days continuous period is consistent with Rule 6.19 of the Land Transport (Road User) Rule 2004.
13. Storage of vehicles on road
- No person (Person A) may place or park, or allow another person to place or park (Person B) a vehicle on any road for storage in connection with Person A’s trade or business, whether or not the vehicle is owned by Person A.
- Sub-clause (1) does not apply if Person A has the prior written permission of an authorised officer.
Explanatory note: In order to constitute storage in connection with a person’s trade or business, there will need to be the notion of “commercial advantage” of some kind. For example if a panel-beater or a mechanic is in the practice of parking their customers’ vehicles in the street adjacent to their premises or a car dealer who parks vehicles for sale on the street. This clause is not intended to apply to customers parking on the street while undertaking a transaction at a premises.
14. Parking for display or sale
- A person must not stop, stand or park a vehicle on any road or parking place -
- for the purpose of advertising a good or service to be provided elsewhere; or
- for the purpose of offering the vehicle for sale –
unless the vehicle is being used for day to day travel.
15. Working on vehicles
- No person may stop, stand or park any vehicle on any road to carry out repairs unless those repairs are of a minor but urgent nature.
Part 2 – Traffic movement restrictions
16. One way streets/roads
- The Council may by resolution specify any road or part of a road where vehicles must travel in one specified direction only.
- No person may drive a vehicle in a manner that contravenes a restriction made under this clause.
Explanatory note: All resolutions made under this clause by the Council will be recorded in a register which is available to members of the public on request.
17. Left or right turns and u-turns