Proposed Land Transport Bylaw 2024

Horowhenua District Council would like your feedback on our proposed Land Transport Bylaw 2024.

The Land Transport Bylaw sets controls for parking, all types of traffic and the use of the transportation network within the Horowhenua District, other than State Highways controlled by the Waka Kotahi New Zealand Transportation Agency. These controls are to ensure health and safety, to protect the public from nuisance and to protect transportation infrastructure from damage.

We're proposing a new Land Transport Bylaw and are seeking feedback on the draft Bylaw from our community.

What we're proposing

We're proposing to retain much of the content within the current Land Transport Bylaw 2017 with changes following key summary of changes proposed:

• the addition of provisions and controls relating to shared pathways;
• changes to reflect the change in pay-by-space parking machines to pay-by-plate parking machines and greater clarity on motorcycle parking;
• changes prohibiting vehicles from being parked on a berm;
• significant changes to permissions for roadside grazing and fence encroachments, with new prohibitions included;
• changes to restricted and prohibited parking areas, and greater clarity on motorcycle parking. Including the addition of P120 carparks in Cambridge Street, Levin (between Bath Street and Queen Street), P120 carparks in Oxford Street, Levin next to the Levin Adventure Park), and confirming changes to the location of mobility parks and loading zone areas currently in place.

Statement of Proposal - Proposed Land Transport Bylaw 2024
Proposed Land Transport Bylaw 2024

Legal framework

The Land Transport Act 1998 (LTA 1998), and the Local Government Act (LGA 2002) give councils the power to make bylaws for the purposes of managing vehicle and road use, heavy vehicles, parking, signs and markings, livestock, displays vegetation and access, weights, and peddlers.

These bylaws can be enforced by Council officers and the police and are used alongside other legislation and powers such as those in the Land Transport Rule 2004.

The Local Government Act 1974 (LGA 1974) enables the local authority to construct, divert, stop or close a road and provides the powers to remove abandoned vehicles from roads. This includes footpaths, cycle tracks, vehicle crossings.

The LGA 2002 specifies that a bylaw should be an appropriate response to a defined problem. Under sections 145 and 146 of the LGA 2002, Council may make bylaws to:

• protect the public from nuisance;
• protect, promote, and maintain public health and safety;
• minimise the potential for offensive behaviour in public places; and
• manage, regulate against or protect against damage or misuse of land under the control of the territorial authority.

Section 22AB of the LTA 1998 also authorises Council to make bylaws in respect of the management of roads. The LTA 1998 also provides some enforcement powers to Council (regarding stationary vehicles).

Council bylaws must be reviewed within 5 years of it being first adopted and then every 10 years thereafter, if not reviewed, it is revoked two years after the date the review was due.