Proposed Public Places Bylaw 2024

Horowhenua District Council would like your feedback on our proposed Public Places Bylaw 2024.

The Public Places Bylaw protects the public from nuisance which may arise from activities undertaken in public places, to minimise the potential for offensive behaviour, ensure public health and safety is maintained, and to regulate and manage occupation and use of public places for trading, entertainment and other activities for the wellbeing and enjoyment of the public.

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

What we're proposing

Council is proposing to retain much of the content within the current Public Places Bylaw 2016 with changes following key changes proposed:

• the addition of the ability for Council to add a condition on a permit to use a public place that prohibits smoking and vaping in the use of the Public Place;
• a clause more clearly informing that an Enforcement Officer can request behaviour or an activity cease or the removal of a material or thing be removed immediately;
• a clause more clearly informing that Council may amend or revoke a permit or approval with written notice;
• greater clarity on the requirements for election signage;
• the addition of clauses relating to fireworks and fires in a public place;
• the addition of provisions relating to beaches and controlling vehicles on a beach;
• greater clarity on fees and charges that may be imposed for any application for a permit or approval under the bylaw.

Statement of Proposal - Proposed Public Places Bylaw
Proposed Public Places Bylaw 2024

Legal framework

Section 155 of the Local Government Act 2002 requires Council to determine that the proposed bylaw:

• is the most appropriate way of addressing Public Places matters, section 155(1) of the Local Government Act 2002; and
• is the most appropriate form of bylaw, section 155(2)(a) of the Local Government Act 2002; and
• does not give rise to any implications under the New Zealand Bill of Rights 1990 (section 155(2)(b) of the Local Government Act 2002.

Council must also comply with the general decision-making requirements in sections 76 to 82 of the Local Government Act in that it must identify and consider all reasonably practicable options and the community’s views.