Why are you bringing in this Bylaw now?

    We’re required to review our bylaws every 5 or 10 years depending on requirements in the Local Government Act 2002. Two of the Bylaws were due for review and one had automatically revoked, so it was time for a review and this was a good opportunity to bring them all together in one place. This means that we can make them easier to use and understand.

    Having an updated comprehensive Bylaw will also put us in a good position for whatever decision is made to deliver Local Waters Done Well.

    What has changed from the current Bylaws?

    • The key new part is the addition of the Stormwater section.
    • In the Trade Waste section, the biggest change is the requirement for all trade premises to register.  Council recognises the importance of protecting Horowhenua’s environment, including waterways, and so will be enforcing these Bylaw requirements. Council will take an educational approach to start to support businesses to comply with the regulations.
    • Otherwise, most of the changes are tidy-ups from bringing four bylaws together, for example adding a ‘Common’ section where these parts were in each of the existing Bylaws – stopping repetition and ensuring consistency.
    • We have consolidated all Council Fees and Charges into one Schedule, meaning the amounts have been taken out of the Bylaw and will be available on Council’s website. Changes to Fees and Charges will be made through the Annual Plan or Long Term Plan process.
    • We have also taken out material that was included in the Bylaws for ‘information’. We have put the information still relevant into Fact Sheets.

    Please check the Statement of Proposal for the full list of changes

    How long will I have to comply and what happens if I don’t?

    We aim to have the new Bylaw in force from 1 July 2025. First, Council Officers will work with people and businesses to make sure what is needed is clear.

    If you have any questions about how the draft bylaw applies to you please get in touch on 06 366 0999 or email at submissions@horowhenua.govt.nz.

    We’d prefer to work with people first so enforcement isn’t needed, but if necessary Council can take enforcement activities including fines, prosecution or putting the situation right itself.

What does the Bylaw mean to me?

    As a business owner?

    The information below is high level notes about the changes from the current Bylaws. Please also see the Statement of Proposal, and the proposed Bylaw for full detail about the changes. You’ll find the current Bylaws under ‘Important Documents’ at the side of this page if you’d like to compare them.

    Wastewater/Trade Waste 

    • All businesses operating at a trade premise will need to register with Council. Council will then assess the type and volume of trade waste (if any) that the trade premise is discharging. If it is classified as Conditional Trade Waste then the business will need to apply for a Trade Waste Consent and pay an annual fee. The requirement for businesses to apply for a Trade Waste Consent and pay an annual fee has been in place for a number of years, the change proposed now is simplify the process to make it easier for businesses to know what they need to do.

    Stormwater

    • Businesses will need to make sure that they deal with stormwater at their premise effectively and make sure that it is not mixing with Trade Waste and polluting the environment.
    • Businesses will need to complete a Stormwater Drainage Protection Plan if their business activities pose any potential risk to the Council Stormwater Network or downstream environment. Most of the time this will be submitted as part of a Trade Waste Consent Application.  

    Water Supply

    • All water connections to the Council Water Supply Network will be metered. Council introduced district-wide water metering through the Long Term Plan Amendment 2021-2041. This change updates the Bylaw to reflect that decision.
    • If a business requests water sampling, testing or analysis all costs must be met by the requestor.

    The proposed Bylaw clarifies wording for the points below:

    • Council does not guarantee an uninterrupted supply of water of a specific flow pressure or quality for any property.
    • Privately owned fire hydrants must be maintained by the customer.

    Common Requirements

    • Businesses will need to apply to connect or disconnect from the appropriate Council Local Waters Network following the appropriate processes.
    • Any person who carries out excavation work around the Local Waters Networks needs to do so in a way that does not cause damage to any network (regulations are set out in B11 of the proposed Bylaw).

    As a homeowner?

    The information below is high level notes about the changes from the current Bylaws. Please also see the Statement of Proposal, and the proposed Bylaw for full detail about the changes. You’ll find the current Bylaws under ‘Important Documents’ at the side of this page if you’d like to compare them.

    Stormwater

    This is the new section of the Bylaw, which states:

    • It is the responsibility of the owner to maintain their Private Stormwater Network (e.g. pipes, drains, soak pits) and make sure that they continue to be effective.
    • Any application to carry out stormwater works will need to include the proposed works and their effects on the subject site and the surrounding land. The reason for this is to show that the proposed changes do not create a significant nuisance to other land owners.

    Water Supply

    • Properties in the Residential Area, Large Lot Residential Area or in a Rural Area that already receive a level of service from the Council Water Supply will be entitled to have Drinking Water supplied by the Council. This is conditional on there being adequate capacity within the water supply network.
    • Any plumbing system installed must be compatible with the Council Water Supply.
    • To ensure that service levels remain at appropriate levels for household units on rear lots of where a pipe longer than 20m is needed, the proposed Bylaw introduces the requirement that the supply pipe must have a nominal bore of no less than 25mm.

    As a Rural Resident?

    The information below is high level notes about the changes from the current Bylaws. Please also see the Statement of Proposal, and the proposed Bylaw for full detail about the changes. You’ll find the current Bylaws under ‘Important Documents’ at the side of this page if you’d like to compare them.

    In the Water Supply Bylaw 2020 two clauses relating to rural water supply appeared to contradict whether connections were allowed or not. The proposed Bylaw allows connections to the Council Water Supply in rural areas provided there is sufficient capacity in the network and the new connection will not impact the level of service provided to any other connections. From a practical point of view it is unlikely that new connections in rural areas will be approved as they are unlikely to meet the required criteria.