Agenda of Regulatory and Bylaws Committee

1 Apologies

At the close of the agenda no apologies had been received.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3 Confirmation of Minutes

That the Regulatory and Bylaws Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 19 August 2014, as a true and correct record.

4 Petitions

At the close of the agenda no requests to present petitions had been received.

5 Public Input

Standing Order 3.21 provides for Public Input. Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

At the close of the agenda no requests for public input had been received.

6 Local Board Input

Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

7 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

8 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Regulatory and Bylaws Committee

16 September 2014

Rolling Stones 14 On Fire concert temporary alcohol control

File No.: CP2014/17746

Purpose

1. To approve a temporary alcohol control for the Rolling Stones 14 On Fire concert to be held on 22 November 2014 at Mt Smart Stadium.

Executive summary

2. The Rolling Stones 14 On Fire concert is scheduled to be held on Saturday 22 November 2014 at Mt Smart Stadium.

3. Regional Facilities Auckland and the New Zealand Police have requested a temporary alcohol control on the streets surrounding Mt Smart Stadium for The Rolling Stones 14 On Fire concert.

4. Alcohol controls are one measure available to the council and the police to help manage and reduce the levels of intoxication of patrons prior to the event and avoid possible problems associated with the drinking of alcohol in public places in proximity to the event. The proposed temporary alcohol control will be used in support of other non-regulatory measures to ensure the safety of persons attending the event.

Recommendations

That the Regulatory and Bylaws Committee:

a) approve a temporary alcohol control pursuant to the Auckland City Council Bylaw Part 14 (Liquor Control in Public Places) 2004 from 6.00am on Saturday 22 November 2014 until 6:00am on the following day (Sunday 23 November) on

i) the following streets surrounding Mt Smart Stadium:

Great South Road (between Station Road and Penrose Road), O’Rorke Road, Rockridge Avenue, Walls Road, Olive Road, Fairfax Avenue, Botha Road, Hugo Johnston Drive, South Park Place, Autumn Place, Maurice Road, Goodman Place, Henderson Place, Rockfield Road (between Station Road and Oranga Avenue), Beasley Avenue, Station Road, Mount Smart Road (between Station Road and Felix Street), Church Street (between South Eastern Highway and Patrick Street), Bassant Avenue, Burrett Avenue, Nielson Street (between Church Street and Edinburgh Street) and South-Eastern Highway (between Great South Road and Church Street).

ii) the following parks and reserves adjacent to these streets that are already subject to permanent alcohol controls (from 8pm to 8am) are included in the proposed temporary alcohol control:

Southdown Reserve, Simson Reserve, Olive Road Pleasance, Tanner Reserve, Bassant Reserve, Lot 6 & 7.DP 20110 (on corner of Rockfield Road and Station Road)

b) note that in accordance with section 170 of the Local Government Act 2002 the police have the powers of arrest, search and seizure for the specified time and place the temporary alcohol control is in place.

Comments

5. The Rolling Stones are an internationally acclaimed iconic rock band. The Rolling Stones 14 On Fire concert is expected to attract a large crowd of approximately 32,000 concert goers.

6. Regional Facilities Auckland and the New Zealand Police have requested a temporary alcohol control on the streets surrounding Mt Smart Stadium as a preventative measure to manage possible adverse effects associated with such a large event. Auckland Transport supports a temporary alcohol control for the event.

7. Temporary alcohol controls generally create safer events. They reduce the likelihood that alcohol harm will occur at events by reducing the amount of alcohol consumed on the way to an event (commonly known as “preloading”) and form only part of the security response managed by the police and event organisers.

8. Temporary alcohol controls may reduce the adverse impacts from events on local businesses and neighbourhoods by reducing levels of intoxication, litter (broken bottles) and other harm or disorder associated with alcohol consumption in public places.

9. Mt Smart Stadium and the associated car park have a current alcohol control. The control operates 10pm-8am during daylight saving hours and 8pm-8am outside daylight saving hours, seven days a week. This control will remain enforceable from 10pm- 8am for the The Rolling Stones 14 On Fire concert.

10. The proposed temporary alcohol control area incorporates the streets surrounding Mt Smart Stadium. The proposed time of the temporary alcohol control is from 6.00am on Saturday 22 November 2014 until 6:00am on the following day (Sunday 23 November). The current alcohol control at Mt Smart Stadium and the proposed temporary control areas are outlined in the Map of proposed temporary alcohol control for Rolling Stones 14 On Fire concert (Attachment A).

11. Alcohol licences issued under the Sale and Supply of Alcohol Act 2012 (e.g. for permitted alfresco dining within an alcohol control area or a special licence issued for an event) are unaffected by alcohol controls.

12. Auckland Tourism and Economic Events Development will work with Regional Facilities Auckland and the police to ensure that the event is well managed with appropriate precautions implemented to ensure a safe event.

Consideration

Local board views and implications

13. At the August meeting of the Maungakiekie-Tāmaki Local Board, the board through Member Clarke sought clarification from Auckland Tourism, Economic and Events on the broader alcohol management strategies which will support the temporary alcohol control.

14. On 22 August 2014 a follow-up meeting was held with the event facilitator from Auckland Tourism, Economic and Event Development, council staff and Member Clark to clarify the wider alcohol management strategies, summarised as follows:

a) Signage to inform of the alcohol control area will be standard Auckland Council signage. This will be in English and Te Reo and will contain the date and times the temporary control will be in force.

b) The New Zealand Police have been involved in the event planning and will have sufficient resource to enforce the alcohol control.

c) For previous events, Auckland Transport has security stationed at the queuing area of the railway station and at the level crossings on Maurice Road and O”Rouke Road. The wider transport plan for Rolling Stones 14 On Fire concert is still under development.

d) The local board will be advised of the type and conditions for on-site alcohol licenses when granted for this event.

e) Auckland Council liquor licensing staff will be asked to visit all premises in a temporary alcohol control area prior to the event.

f) Signage for off-license premises (advising of the temporary alcohol control) will be supplied to these premises inside the temporary alcohol control area.

g) Ticket holders will be advised via email the conditions of entry, public transport options, parking restrictions and the temporary alcohol control area prior to the event.

h) A notification letter will be sent to all local businesses and residents informing of the temporary control area and time.

i) A public notice will be placed in the local paper or NZ Herald.

15. Member Clark requested staff include the following parks and reserves which are already subject to permanent alcohol controls (from 8pm to 8am) and adjacent to the streets in the proposed temporary alcohol control to ensure consistent enforcement during the event:

Southdown Reserve, Simson Reserve, Olive Road Pleasance, Tanner Reserve, Bassant Reserve, Lot 6 & 7.DP 20110 (on corner of Rockfield Road and Station Road)

Maori impact statement

16. Liquor controls are an effective tool for managing alcohol-related harm associated with events by reducing levels of intoxication. Managing harm increases opportunities for health and wellbeing, which is consistent with the outcomes of the Māori Plan for Tāmaki Makaurau.

17. The Māori Responsiveness Advisor for the New Zealand Police (Auckland City District) and Ngāti Whātua Ōrākei Trust (Marae Komiti) support a temporary alcohol control to limit alcohol consumption in the streets surrounding Mt Smart Stadium.

Implementation

18. The costs associated with implementing the alcohol control will be covered by Regional Facilities Auckland. These costs include the statutory requirement of a public notice in the local paper, temporary signage (in both English and Te Reo) and any other reasonable requirements of the New Zealand Police or the Maungakiekie-Tāmaki Local Board.

Attachments

No.	Title	Page
a View	Police request for a temporary alcohol control for the Rolling Stones 14 On Fire concert	11
b View	Map of proposed temporary alcohol control area for the Rolling Stones 14 On Fire concert	13

Signatories

Authors

Kylie Hill - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Warren Maclennan - Manager North West Planning

Regulatory and Bylaws Committee

16 September 2014

Victoria Park Temporary Alcohol Ban Suspension for the Auckland Marathon

File No.: CP2014/20429

Purpose

1. To approve a partial, conditional lifting of the existing Central Business District alcohol ban at Victoria Park on Sunday, 2 November 2014 between 9.30am – 12.30pm for the Auckland Marathon.

Executive summary

2. The Auckland Marathon will take place on Sunday 2November 2014. Over 17,000 international, local, elite and open level runners are expected to compete across a number of running distances.

3. The marathon will finish at Victoria Park. A current all hours alcohol ban is in place on Victoria Park. A partial dispensation to the ban on the park that is subject to conditions will provide the corporate private hospitality sites with the opportunity to supply alcohol to their participants on completion of the run.

4. The Regulatory and Bylaws Committee is delegated to consider any application for a dispensation from a bylaw (including alcohol bans) where the council is of the opinion that full compliance would needlessly and injuriously affect any person or business, without corresponding benefit to the public or any section of it.

5. The input from the local board is required to assist the Regulatory and Bylaws Committee in considering the request for the partial lifting of the alcohol ban for the Auckland Marathon.

Recommendations

That the Regulatory and Bylaws Committee:

a) approve, pursuant to Part 1, Clause 11.1 of the Auckland City Council Administration Bylaw 2009 and subject to the conditions contained in the Alcohol Management Plan in Attachment A, the partial lifting of the existing Central Business District alcohol ban at Victoria Park on Sunday, 2 November 2014 between 9.30am – 12.30pm for the Auckland Marathon.

Comments

6. The Auckland Marathon is iconic on the New Zealand running calendar and fast gaining an international reputation. It has recently been named as one of the World’s Top 10 City Marathons by WorldRunning.com, alongside London, Boston and New York.

7. Each year the event organiser provides an event village for the runners and supporters with sport related stalls, food, non-alcoholic refreshments and light entertainment.

8. As part of the event village, corporate clients are offered the opportunity to book private sites to host athletes they have invited as guests after they have completed the run. These corporates sites in the past have provided food and in some instances alcoholic and non-alcoholic refreshments.

9. In 2013, a special licence for this event was issued by the District Licensing Agency under the Sale of Liquor Act 1989. Previous to this no liquor licence was required as Victoria Park was not subject to an alcohol ban and the supply of alcohol to private guests did not trigger a requirement for a special licence.

10. In December 2012 Parliament enacted the Sale and Supply of Alcohol Act 2012 (the act). Auckland Council’s Licensing and Compliance Services have deemed that under the act the marathon event is not an alcohol inclusive matter that constitutes a “sale of alcohol” under the act and a liquor licence is not required for the event.

11. As a liquor licence is not required, Auckland Tourism, Event and Economic Development has requested a partial dispensation to the Victoria Park alcohol ban to allow the corporate sites the opportunity (at their discretion) to supply alcohol to athletes they have invited at the conclusion of the marathon.

12. In October 2012 Auckland Council reviewed and extended the Central Business District alcohol ban. The Central Business District review included Victoria Park (resolution number RB/2012/21) becoming an all hours alcohol ban area.

13. A partial dispensation to the bylaw will allow up to 88 corporate clients the ability to supply alcohol under supervision between 9.30am – 12.30pm to their invited athletes on the completion of the marathon.

14. The New Zealand Police support the dispensation request (see Attachment 1) on the provision that the event organiser complies with the conditions set out in the agreed Alcohol Management Plan attached to their letter of support. Subsequently, Auckland Tourism, Event and Economic Development have accepted the conditions in the agreed Alcohol Management Plan.

15. The Police’s support of the area for the dispensation is from the designated private sites 3 to 88 (see Victoria Park Site Plan in Attachment 1). These sites will consist of 6m x 6m or 6m x12m tents and will have clearly marked frontage extending a maximum of 2m in front of the tent. Alcohol may only be served and consumed within these areas by invited athletes who are guests of the corporate clients.

16. Auckland Council’s Local and Sports Parks (Central) and Licensing and Compliance Services support the dispensation.

17. The Alcohol Management Plan defines specific requirements for security, types of refreshments (including water, non-alcoholic and alcoholic), food and the alcohol management permit conditions (which includes the hours alcohol can be supplied and the designated area).

18. The area where alcohol may be supplied to guest athletes will be restricted from access by the general public and will be exclusively for the use of corporates who have pre-booked and agree to terms and conditions associated with the corporate sites. The remainder of Victoria Park will remain an alcohol ban area.

Consideration

Local board views and implications

19. The views of the Waitematā Local Board on the partial dispensation request are formally being sought. A report will be presented at the board’s business meeting on 9 September 2014. The resolution passed from the meeting will be tabled at the Regulatory and Bylaw Committee meeting for consideration.

20. On 20 August 2014 Auckland Tourism, Event and Economic Development met with Waitematā Local Board Events Portfolio and Parks Portfolio leads (Member Chambers and Member Moyle) who were supportive of the dispensation request.

21. Part 1, Clause 11.1 of the Auckland City Council Administration Bylaw (2009) states that the council “may grant a dispensation from full compliance with any provision of a bylaw, on a case basis where the council is of the opinion that full compliance would needlessly and injuriously affect any person or business … “.

22. Clause 14.1.3 of the Auckland City Council Consolidated Bylaw (2004) – Part 14: Liquor Control in Public Places allows for a resolution made under clause 14.1.1 of the bylaw to be made, amended or revoked at any time. This dispensation will amend the Central Business District review resolution (RB/2012/21) which incorporates Victoria Park.

23. The Auckland City Council Liquor Ban Policy allows applications for dispensation from a liquor ban for a specified event or period. The policy states … “council will review the application based on whether requiring full compliance with the liquor ban (under the Liquor Bylaw) would negatively affect any person or business without a corresponding benefit to the public”.

Māori impact statement

24. The Maori Iwi Liaison Officer for the New Zealand Police (Auckland City District) supports this request.

Implementation

25. The costs associated with the dispensation request will be covered by Auckland Tourism, Event and Economic Development. This includes a notice being placed in the newspaper informing the public of the partial dispensation.

26. The area the dispensation applies to will be roped off and monitored by security staff.

Attachments

No.	Title	Page
a View	Letter of support from the New Zealand Police with agreed Alcohol Management Plan	19

Signatories

Authors

Kylie Hill - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Warren Maclennan - Manager North West Planning

Regulatory and Bylaws Committee

16 September 2014

Traffic and Parking Bylaws Review - Statement of Proposal

File No.: CP2014/17812

Purpose

1. The purpose of this report is twofold. The first is to request that the Regulatory and Bylaws Committee recommends to the governing body that a bylaw is the most appropriate way to manage roads, beaches, off street parking areas and other public places under its control. Secondly, to recommend to the Governing Body that it adopts the Statement of Proposal for the Traffic Bylaw which includes a summary of information and the proposed Auckland Council Traffic Bylaw 2014 for consultation, using the consultation process of the Local Government Act 2002.

Executive summary

2. Auckland City Council, Franklin District Council, Manukau City Council, North Shore City Council, Papakura District Council, Rodney District Council and Waitakere City Council all had parking and traffic bylaws that managed the use of all roads, public places and parking area under their control – essentially all roads, beaches, public places and off-street parking areas owned by those councils.

3. Concurrent with the establishment of Auckland Council, the Local Government (Auckland Council) Act 2009 established Auckland Transport and gave Auckland Transport the function of managing and controlling the Auckland Transport System. The Auckland transport system is defined as:

(i) the roads (as defined in section 315 of the Local Government Act 1974) within Auckland

(ii) the public transport services (as defined in section 5(1) of the Land Transport Management Act 2003) within Auckland

(iii) the public transport infrastructure owned by the Council

(iv) the public transport infrastructure owned by or under the control of Auckland Transport;

It does not include:

· State highways

· railways under the control of New Zealand Railways Corporation

· off-street parking facilities under the control of the council

· airfields.

4. The existing legacy councils’ traffic bylaws became traffic bylaws deemed to be made by Auckland Transport on 1 November 2010 by section 61 of the Local Government (Auckland Transitional Provisions) Act 2010.

5. Auckland Transport developed the Auckland Transport Traffic Bylaw 2012 and the Speed Limits Bylaw 2012 in order to manage the Auckland transport system. These bylaws effectively revoked the legacy councils’ traffic bylaws to the extent that they apply to any roads under the care, control or management of Auckland Transport (the Auckland transport system).

6. Subsequently as a consequence of the changes to legislation, Auckland Council retains the management of roads, beaches, public places and off-street parking places which are owned or under the control of the council and are not part of the Auckland transport system using the remaining provisions of the legacy bylaws. These bylaws and any resolutions made under these bylaws will be revoked by 31 October 2015 unless the bylaws are reviewed, amended or replaced by then.

7. A new traffic bylaw is proposed to allow the council to continue to control roads, beaches, off street parking areas and other public places under its control. The proposed bylaw is based on the Auckland Transport traffic and speed limits bylaws and has been developed in consultation with Auckland Transport.

Recommendations

That the Regulatory and Bylaws Committee:

a) recommend to the Governing Body of Auckland Council that it resolve (i) to (vi) as follows:

i) that a bylaw made under the powers of section 22AB of the Land Transport Act 1998 is the most appropriate way for the council to control vehicle use on roads, beaches, off street parking areas and other public places under its control

ii) that the proposed bylaw included in the attached “Statement of Proposal – Introduction of a new Traffic Bylaw” (attachment A of the report) is the most appropriate form of the bylaw

iii) that the proposed bylaw included in the attached statement is not inconsistent with the New Zealand Bill of Rights Act 1990

iv) that the statement of proposal be adopted for public consultation and this consultation process commence in October 2014

v) that pursuant to section 63 of the Local Government (Auckland Transitional Provisions) Act 2010, Auckland Council revokes the current seven (legacy) traffic control and parking bylaws as outlined below when the new Auckland Council Traffic Bylaw 2014 comes into force:

(a) Auckland City Council Bylaw Number 25 - Traffic 2006

(b) Franklin District Council Traffic Control Bylaw 2006

(d) Part 9 of the North Shore City Bylaw 2000: Traffic Control

(e) Papakura District Council Parking and Traffic Bylaw 2009

(f) Chapter 25 of the Rodney District Council General Bylaw 1998: Parking and Traffic Control

(g) Waitakere City Council Use of Roads and Parking Bylaw 2010

vi) agree that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the statement of proposal to correct any identified errors or to reflect decisions made by the Governing Body prior to notification of the bylaw.

b) appoint a hearings panel comprised of up to four elected members and a nominated member of the Independent Māori Statutory Board to hear submissions on the proposed bylaw and the review of the traffic bylaws, deliberate and make recommendations to the Governing Body.

c) appoint one member as chairperson of the hearings panel.

d) delegate to the chairperson of the Regulatory and Bylaws Committee the power to make a replacement appointment to the hearings panel in the event that any member appointed by the committee under b) is unavailable.

e) agree that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the statement of proposal to correct any identified errors or to reflect decisions made by the Regulatory and Bylaws Committee.

Comments

Background

8. With the establishment of Auckland Council and its council controlled organisations on 1 November 2010, the transport related bylaws that regulate traffic, parking and the setting of speed limits in Auckland (“legacy bylaws”) remain in effect in the areas where they had applied until they are reviewed. The legislation establishing Auckland Council and its council controlled organisations empowered Auckland Transport to review the legacy bylaws and make bylaws in relation to the Auckland transport system pursuant to the Land Transport Act 1998. (The Auckland transport system includes the public transport infrastructure and roads of Auckland other than motorways and state highways).

9. This statement of proposal outlines the issues, the options that Auckland Council has considered, the reasons for Auckland Council determining that bylaws to regulate traffic, parking and the setting of speed limits are appropriate, and the issues that are to be regulated. It is proposed that controls relating to traffic and parking and the setting of speed limits will be regulated by one bylaw.

10. To ensure that Auckland Council has the necessary flexibility to respond appropriately to specific issues as they arise, the proposed bylaw provides for the making of resolutions to set out the details of particular traffic and parking controls and for the setting of particular speed limits setting out frameworks under which resolutions are used for matters of detail is expressly allowed for under the Land Transport Act 1998. These bylaws provide for the retention of the control measures made pursuant to the legacy bylaws until these are amended or revoked by Auckland Council following consultation with stakeholders.

11. Auckland Transport developed the Auckland Transport Traffic Bylaw 2012 and the Speed Limits Bylaw 2012 in order to manage the Auckland transport system. These bylaws effectively revoked the legacy councils’ traffic bylaws to the extent that they apply to any roads under the care, control or management of Auckland Transport - the Auckland transport system. The provisions of the legacy bylaws that still apply outside of the Auckland transport system and thus are provisions still enforceable by Auckland Council must be reviewed by 31 October 2015 or they will be revoked.

12. Thus whilst Auckland Council is a road controlling authority it can only regulate the use of roads that are not legal roads (e.g. roads in many parks and reserves), beaches, off-street parking areas under the council’s control and other public places that are not part of the Auckland transport system. A non-legal road (such as a road in a reserve) is likely to have the same land title as land abutting the road, whereas a legal road controlled by Auckland Transport will not have a land title.

13. The content of the legacy bylaws that regulate traffic, parking and the setting of speed limits have different requirements and provide different control measures to the roads controlled by Auckland Transport. Sections 61 and 63 of the Local Government (Auckland Transitional Provisions) Act 2010 state that bylaws that were valid on 31 October 2010 remain valid within their respective areas. This results in confusion for the users of roads and detracts from Auckland Councils ability to achieve its purpose.

14. The power to make bylaws to regulate traffic and parking were contained in the Transport Act 1962 and the Local Government Act 1974 but with the repeal of the bylaw making functions in these Acts on 10 May 2011 by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011, these legacy bylaws are now deemed to have been made under section 22AB of the Land Transport Act 1998. The Land Transport Rule: Setting of Speed Limits 2003 is the national legislation that sets out the processes and requirements that must be complied with when setting speed limits.

15. The Land Transport Act 1998, its rules and regulations provide for an integrated system of extensive measures to regulate the conduct of users of the road. Road controlling authorities are bound by the detailed mandatory regulations and rules that are applicable on roads throughout New Zealand, for example the Land Transport (Offences and Penalties) Regulations 1999, Land Transport (Road User) Rule 2004, the Land Transport Rule: Setting of Speed Limits 2003 and the Land Transport Rule: Traffic Control Devices 2004. The Land Transport Act 1998 provides for, and the regulations and rules require road controlling authorities to make bylaws to give local effect to these regulations and rules. While alternative measures such as the layout of roading infrastructure, education and raising awareness contribute to the management of the land under the control of Auckland Council, these measures require a regulatory regime for enforcement.

16. Where the Land Transport Act 1998 provides for specific bylaw-making powers for a form of traffic control Auckland Council is restrained from implementing such controls without a bylaw. As Auckland Transport, unlike local authorities in other parts of the country is not able to use district or unitary plan powers to implement controls the making of bylaws is the only method available to it.

Consideration

17. The Regulatory and Bylaws Committee is responsible for recommendations to the governing body on special consultative procedures for the making, amendment and revocation of bylaws. The proposed Statement of Proposal addresses the decision-making requirements of the Local Government Act 2002 and the Land Transport Act 1998.

18. In order to follow best practice decision making principles, Auckland Council has considered the options available to it to achieve its objective of putting in place a consistent and safe regime for traffic, parking and the setting of speed limits across land not included in the Auckland transport system. The options considered available to Auckland Council are:

Issue 1: Parking on council controlled land

19. Auckland Transport's jurisdiction and its use of the Auckland Transport Traffic Bylaw 2012, are limited to parking on roads. Off-street parking facilities (except those which are privately owned) remain under the control of the council. The council needs to be able to regulate the use of such facilities, including council parking buildings, in terms of the times, manner and conditions of use etc., and any charges to be paid for their use.

20. In addition to dedicated parking facilities the council has encountered problems with vehicles being parked all day on land adjacent to other council facilities such as libraries, swimming pools, parks and reserves and similar facilities. As a result, normal users of the facilities may not be able to find parking. The council must be able to regulate such parking, to facilitate its use by those for whom the parking is intended i.e. the users of the facility.

What are the options to regulate parking on council owned land?

21. There are three options to regulate parking on roads, beaches and other public places under the control of the council:

22. Option 1: The council could appoint its own parking wardens as a road controlling authority to enforce parking restrictions on its own land. Section 128D of the Land Transport Act 1998 allows the council to appoint parking wardens and those parking wardens may enforce the provisions of any stationary vehicle offence or special vehicle land offence on the land that the council controls. Council appointed parking wardens could issue infringement notices (instant fines) for contraventions of parking restrictions. This however, would require the establishment of a new parking enforcement team with the inherent costs of setting up and running such a team with administrative support to receive and process fines arising from infringement notices. It is unlikely that the number of infringement offences likely to be issued by council appointed parking wardens could justify the setup and running costs of having council appointed parking wardens.

23. Option 2: The council could use external parking enforcement agencies as any other land owner has the right to do to enforce parking restrictions on their land. That agency could issue enforcement notices for breaches of the conditions of parking on the council’s land. By parking on the council’s land the vehicle owner accepts the terms and conditions of parking on that land. The enforcement agency retains a financial interest in the offending vehicle until the parking costs and fees have been paid to them. Unpaid fees can be collected by the enforcement agency appointed by the council through debt collection proceedings. There may however be some public perception that this is a punitive and heavy handed approach especially if the breach of a parking provision is for only a small period of time.

24. Option 3: The council delegates to Auckland Transport the power to enforce parking restrictions created by the new bylaw. Auckland Transport has trained parking wardens who already enforce parking restrictions within the Auckland transport system, and it would be efficient to have those same parking wardens enforcing both Auckland Transport and Auckland Council's Traffic Bylaws.

25. A bylaw will be required for options 1 and 3 to enable the council to effectively enforce any prohibitions or restrictions. Option 3 is considered to be the most appropriate option for regulating parking. Experience has demonstrated that by far the most effective enforcement mechanism available is the infringement notice regime (instant fines or 'tickets') in the Land Transport Act. This requires that the bylaw be made under that Act.

Issue 2: Other vehicle use restrictions on council controlled land

26. Vehicles may be used on council controlled land such as parks and reserves which are not part of the Auckland transport system and are not covered by Auckland Transport's Traffic Bylaw. For safety reasons and to protect the public property, it may be appropriate to regulate how vehicles may use such land, in the same way as vehicle use is regulated on "legal" roads. Particular controls may be required in relation to the direction of vehicle travel (one-way roads), turning of vehicles (e.g. no right turn or no U-turn), the use of certain land by vehicles at all (e.g. beaches), vehicle weight limits so that the road (or any bridge or other infrastructure on that road) is not damaged by heavy vehicles. The council may also wish to establish speed limits on roads in its parks or in other areas under its control.

What are the options to regulate vehicle use on council controlled land?

27. As was noted above, the only appropriate option for regulating such vehicle use is through a bylaw under the Land Transport Act 1998. Given the issues of public safety in particular, it is necessary for the controls to have legal backing and be enforceable through the courts, which only a bylaw can ensure.

28. It is noted that parking wardens would not have the power to issue infringement notices for moving vehicle offences on council controlled land. Other enforcement options would need to be used, for example the police could be asked to enforce serious breaches of moving vehicle offences.

29. The statement of proposal proposes that the proposed bylaw made under the powers of section 22AB of the Land Transport Act 1998 is the most appropriate way for the council to control vehicle use on roads, beaches, off street parking areas and other public places under its control

Local board views and implications

30. Workshops were held with the local boards in July and August 2014 to discuss the introduction of a new traffic bylaw. The boards supported measures that would parking wardens to deal with issues where commuters were parking all day on council facilities and preventing access those facilities by other users. They did however have some concerns regarding the costs that might be imposed on boards in getting Auckland Transport to enforce any parking restrictions given that they would not be getting any income from the infringement notices that Auckland Transport parking wardens would be issuing for parking infringements in their areas of interest.

Maori impact statement

31. Staff undertook a literature view of key documents to gain a preliminary understanding of the impact the proposed bylaw review potentially has on Māori. That review gathered an understanding of Māori world views and provided a strategic understanding for meaningful engagement.

32. Feedback from the literature review and engagement indicates that the proposed approach is not inconsistent with the Māori Plan for Tamaki Makaurau or the Auckland Plan’s strategic direction of enabling Māori aspirations through the recognition of Te Tiriti o Waitangi and customary rights.

Implementation

33. The proposed bylaw has been developed in consultation with Auckland Transport and is based on the Auckland Transport Traffic Bylaw 212 and the Auckland Transport Speed Limits Bylaw 2012. The bylaw will allow the council to delegate to Auckland Transport the power to enforce parking restrictions carried over from the legacy traffic and parking bylaws and new restrictions created by the new bylaw if requested to so by local boards or the governing body. Auckland Transport has trained parking wardens that can enforce parking restrictions with delegations from the council. Schedule 1B of the Land Transport (Offences and Penalties) Regulations 1999 set the maximum infringement fees for offences parking wardens may enforce.

34. With the exception of transit lanes, parking wardens can only issue infringement notices for stationary vehicle offences. Parking wardens and council staff can only prosecute moving vehicle offences through the Summary Proceedings Act. Alternatively the police could be asked to enforce serious breaches of moving vehicle offences.

Attachments

No.	Title	Page
a View	Statement of proposal Traffic Bylaw	35

Signatories

Authors

Colin Craig - Principal Policy Analyst – Planning Policies and Bylaws

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Warren Maclennan - Manager North West Planning

Chairperson	Cr Calum Penrose
Deputy Chairperson	Cr Denise Krum
Members	Cr Bill Cashmore
	Cr Linda Cooper, JP
	Cr Alf Filipaina
	Cr Sharon Stewart, QSM
	Member John Tamihere
	Cr John Watson
	Member Glenn Wilcox
	Cr George Wood, CNZM
Ex-officio	Mayor Len Brown, JP
	Deputy Mayor Penny Hulse