Bylaws

Part 20 - Public Places 2008

Explanatory note

The Local Government Act 2002 gives authority to territorial authorities to protect the public from nuisance, protect, promote and maintain public health and safety and minimise the potential for anti-social behaviour in public places under the control of council. It also allows territorial authorities to make bylaws to manage and regulate activities carried out in public places under the control of council and to protect public places from loss, damage and misuse.

This Public Places bylaw seeks to regulate and manage a diverse range of activities in public places under the control of Auckland City Council that may cause damage, create public nuisance, compromise public safety and have adverse effects on the user. The bylaw also seeks to regulate and manage activity in public places under the control of council that may compromise Auckland City Council's ability to maintain appropriate standards of convenience, safety and amenity for the well-being and enjoyment of citizens, visitors and businesses with the city.

Public places under the control of Auckland City Council include roads, footpaths and public squares, grass verges, berms, public gardens, reserves and parks, beaches, wharves, breakwaters, ramps and pontoons, foreshores and dunes, access ways, recreational grounds and sports fields.

The bylaw covers activities in public places include commercial activity such as trading and promotion of goods and services, street performance and busking, and entertainment activities and demonstrations, and events. The bylaw also provides for the requirements of building identification and numbering of premises.

The Local Government (Auckland City) Boundary Alteration Notice 2005, which was gazetted on 24 March 2005, generally sets the seaward boundary of Auckland City at mean low water springs. With the exception of wharves, breakwaters, ramps and pontoons council's bylaws apply down to mean low water springs

The council also has powers under the Reserves Act 1977, Health Act 1956, Litter Act 1979, Auckland Domain Act 1987 and other legislation concerning activities in public places. The powers within these Acts and Regulations are not repeated in this bylaw.

N.B. Verandahs, balconies and awnings over public places, the lifting of materials and equipment over public places, street damage deposits and vehicle crossings are regulated in the Construction Bylaw. Controls on Cultural and Recreational Facilities including libraries, the zoo and public swimming pools are addressed by the Cultural and Recreational Facilities Bylaw. The Traffic Bylaw (2006) regulates parking and other vehicular activities on roads and public places. The placement of signs in public places is regulated by the Signs Bylaw.

Contents

20.1 General

20.2 General restrictions for the protection of public property, safety and amenity

20.3 Specific restrictions

20.4 Additional provisions for reserves

20.5 Road and building indentification

20.6 Street trading, street performances and events

20.7 Review of street trading and street performance licences and event
permits

20.8 Enforcement

20.1 General

20.1.1

In this bylaw unless the context requires otherwise:

Air exchange device includes heating, ventilating and air conditioning systems.

Animal means any member of the animal kingdom including any mammal, bird, finfish, shellfish, reptile, amphibian, insect, or invertebrate and includes the carcass of constituent parts but does not include dogs and human beings.

Authorised Officer means any person authorised by the council to carry out any of the duties provided for in this bylaw.

Berm means the grass strip beside a road.

Busking means any street performance for voluntary donations.

Council means the Auckland City Council or any committee, community board, or elected member of the council or an officer authorised to exercise the authority of the council.

Event means any organised temporary activity including an organised gathering, parade, protest, wedding, private function (which is independent of premises), festival, filmshoot, concert, celebration, multi-venue sports event of significant scale, fun run, marathon, duathlon or triathlon. For the purposes of this bylaw an indoor performance, indoor private function, tasting and sampling activity, giveaway, market, sports practice or training programme is not an event.

Licence means a licence, permit or approval issued by council.

Licensee means the holder of a street trading licence or a street performance licence issued by council.

Material or Thing means any material or thing of whatever kind and includes rock, shingle, sand, earth, timber, waste disposal bins and other containers for waste material, but excludes vehicles.

Mind Altering Substance means a substance whether synthetic or naturally occurring, which may alter consciousness, mood or emotions, or which might intoxicate or induce pleasurable sensations. It includes substances used for activities such as glue sniffing or substance abuse, but does not include:

1. medically prescribed substances ingested by the person for whom they were prescribed;
2. substances purchased from a pharmacy without medical prescription;
3. nicotine;
4. alcohol as defined in the Sale of Liquor Act 1989.

Public Place means any land or structure owned, managed, maintained or controlled by the council that is intended for use by the public (e.g. roads, footpaths and public squares, grass verges, berms, public gardens, reserves and parks, beaches, wharves, breakwaters, ramps and pontoons, foreshores and dunes, access ways, recreational grounds and sports fields ) but does not include any area, building or structure used or intended primarily for business or commercial purposes (e.g. council offices, libraries, zoo, car park buildings).

Reserve has the same meaning as in section 2(1) of the Reserves Act 1977.

Stock includes cattle, sheep, horses, deer, donkeys, mules, goats, pigs, alpacas, llamas or any other animal (except dogs and cats) including their young, kept in captivity, or farmed and dependant on humans for their care and sustenance;

Street Performance means the provision of entertainment in public places and includes playing an instrument, singing, dancing, juggling, mime, puppetry, performance art, conjuring, acrobatics, recitation, undertaking artworks on or in a public place and performing other acts of theatrical or visual forms. Street Performance does not include any activity which is within or part of an Event or Street Trading.

Street Trading means the commercial use of any public place under the control of council. It includes the selling, displaying or promotion of any goods and services whatsoever, whether for commercial or not-for-profit purposes, in, on, or over a public place. Street trading includes the display of any message as part of a trading activity. Street trading does not mean an activity that consists entirely of the display or deployment of signs as defined in the Signs Bylaw. Street trading applies to permanent and mobile traders and includes but is not limited to the following activities in or on a public place under the control of council:

1. the sale, display or dispensing of goods, including food, drink, newspapers, fuel and lubricant;
2. the provision of commercial services on a public place including shoe shining services; taking photographs, and the hire of recreational equipment;
3. the provision of outdoor dining facilities for the consumption of food and drinks, including those offered by a licensed premises;
4. craft markets, street markets and street stalls selling, displaying or dispensing goods;
5. the giving away of goods on a public place, including newspapers and magazines, to advertise any product, service or entertainment;
6. the soliciting or collection of any subscription or donation.

Temporary activity means an activity that takes place on no more than 4 occasions within a calendar year.

Vehicle has the same meaning as in the Land Transport (Road User) Rule 2004 and in the Land Transport Act 1998.

20.1.2

Other definitions may be found in council's Bylaw Administration bylaw.

20.2 General restrictions for the protection of public property, safety and amenity

20.2.1

A person shall not, on or in any public place, or on private land in a way that affects a public place, carry out any activity, including an excavation, or construct, erect, affix, place, leave, remove or damage any structure, building, natural feature, material or thing, in a manner that does or is likely to:

1. injure persons;
2. unreasonably interfere with the comfort and enjoyment of the public generally or of persons who come within close proximity of the activity, material or thing;
3. damage, deface, destroy or remove any property or interfere with the surface of any land;
4. kill, injure, damage, remove or interfere with any flora or fauna; or
5. obstruct the reasonable right of public passage.

20.2.2

The provisions of clause 20.2.1 shall not apply to:

1. works and activities carried out in a safe manner by or with the approval of council;
2. activities carried out by emergency services;
3. authorised farming operations on any reserve.

20.2.3

A person shall not, without the prior written approval of an authorised officer or unless specifically authorised by a bylaw:

1. use any public place for the keeping, placing or parking of a vehicle for sale, exhibition, demonstration, storage or otherwise in connection with any trade or business of such person or any other person;
2. place or leave, or cause or permit to be placed or left, any material or thing, including any signage, in, on or over any public place for the purpose of sale, exhibition, demonstration, storage or otherwise.

20.3 Specific restrictions

20.3.1

Except with the permission of an authorised officer, or a licence from council, a person shall not, in, on, or over any public place:

1. plant any trees or shrubs;
2. erect a permanent structure or equipment, including a fence, wall, door, gate, air exchange device, gas meter, or switchbox;
3. allow any gate or door on property abutting a public place to swing over or across the public place;
4. drive, ride, propel, or wheel or park any vehicle across any beach reserve, playing field, footpath, grass verge or berm or water channel, except in an area set aside for the driving or parking of vehicles including a formed road or a vehicle crossing properly constructed under a permit issued by council. This restriction shall not apply to any person driving at a speed not exceeding 10km/h on a beach by a direct route to deposit or retrieve a boat in the water where vehicular access to that beach is permitted. Every vehicle shall be removed from the beach immediately upon retrieval or depositing of the boat.
5. bathe or wade in any fountain or water feature or permit or cause the wastage of water;
6. play or practise any sport or other organised recreational activity outside areas allocated for that purpose if the activity damages the public place or affects the safety or convenience of the public in that public place;
7. camp or sleep overnight, except in areas set aside by the council for that purpose. In this context, camping shall include the use of any vehicle whether or not it is specially fitted out for sleeping;
8. carry out any work on a motor vehicle, trailer or vessel except accident or emergency work to allow the vehicle, trailer or vessel to be removed;
9. leave any vessel or vehicle unattended at any wharf, breakwater, ramp, or pontoon, or on any beach or foreshore, except in a area specified for this purpose by the council. This provision does not apply to dinghies, kayaks, canoes or sailboats that are left on any beach or foreshore for a period of 48 hours or less;
10. enter or leave a beach or reserve except through a designated access-way, opening, gateway, entrance or exit;
11. place or leave any household or commercial refuse, soil, building supplies, material or thing in a public place except for the purpose of a waste collection in compliance with the requirements of council's solid waste bylaw or leave any litter in a public place except in a receptacle provided by the council for that purpose;
12. allow any material or thing under their control to be placed or left unattended;
13. fail to take all reasonable steps to prevent any material or thing under their control being placed or left unattended;
14. interfere with any refuse which is awaiting collection by an authorised collector;
15. except in the case of an emergency, launch or land any aircraft, hot-air balloon, parachute, hang glider or paraglider;
16. light a fire except for the purpose of outdoor cooking in an appliance or fireplace designed for that purpose (this shall be subject to fire bans in rural areas under the Forest and Rural Fires Act 1977);
17. place or use loud speakers or other devices amplifying and emitting sound, including for advertising any trade, business, entertainment or any other purpose;
18. use or permit the use of a vehicle for the purpose of operating a loud speaker or an amplifier, or any similar device except for the purpose of campaigning for a election under to the Electoral Act 1993, or for a local authority election under the Local Electoral Act 1998.
19. use any advertising signs other than in accordance with the Signs Bylaw or the conditions of a street trading licence, street performance licence or events permit;
20. leave any material or thing associated with an activity licensed under this bylaw in, on or over any public place outside the time permitted by the licence;
21. distribute any printed or written material advertising any product, service or entertainment;
22. put up or erect any stall, booth, tent or structure of any kind;
23. place or affix any poster or advertising material on any surface or structure;
24. distribute or sell or offer for donation any document, product, material or service.

Reinstatement

20.3.2

Every person carrying out works approved by the council on a public place shall reinstate the public place to a standard approved by the council.

Fireworks

20.3.3

The council may, by resolution publicly notified, prohibit the use of fireworks on such streets, reserves and other public places, at such times and dates, and according to such conditions as the council may specify. No person shall use fireworks in a manner contrary to such a resolution.

Skateboards, roller skates, bikes

20.3.4

No person shall:

1. use any vehicle including a motorised scooter, bicycle, skateboard, roller skates or roller blades or similar devices, recklessly or in a manner which may damage a public place or intimidate, or be dangerous or injurious or cause a nuisance to persons in the public place;

Substance abuse

2. consume, inject or inhale any mind-altering substance (often known as "substance abuse"), or offer or sell such substance to any person in a public place;

Stock on the isthmus

3. subject to clause 20.3.5 permit any stock to be on or to go along a public place within the district. The provisions of this subclause shall not apply to any person who is in control of a horse-drawn vehicle or who rides or leads a horse under proper control on a street;

Animals

4. allow any animal in their control to damage a public place or endanger any person in that public place.

Stock in the Hauraki Gulf Island Ward

20.3.5

Stock in public places in the Hauraki Gulf Islands Ward shall:

1. be kept under control so they pose no danger to people or vehicles using any public place;
2. not be permitted to be on any reserve or other area designated by an authorised officer as a prohibited area.
3. not be permitted to be on any beach except in a area specified for this purpose by the council, or with the permission of an authorised officer.

20.4 Additional provisions for reserves

20.4.1

An authorised officer may:

1. Subject to any statutory provisions:
   1. restrict or close entry to all or any portion of a reserve during such times as are considered necessary to prevent damage to, ensure public safety in or around, or allow maintenance of the reserve;
   2. temporarily set aside the whole or a part of a reserve for the exclusive use of particular groups or for particular types of recreational activities. The council may charge for the right to have exclusive use of any reserve or part of a reserve;

Sports field charges can be viewed on council's website see www.aucklandcity.govt.nz/whatson/places/sportsparks

See also the street trading provisions below.

2. Place signs advertising any restriction or closure of a reserve at the entrances to the reserve, or adjacent to the place where the restriction or closure is in force.

20.5 Road and Building Identification

Numbering of buildings

20.5.1

Every allotment of land issued with a certificate of title under the Land Transfer Act 1952 shall be marked by the owner or occupier thereof with a street number allocated or approved by an authorised officer, where the allotment is occupied by any person or building.

20.5.2

The following exceptions apply to clause 20.5.1:

1. For any unit pursuant to the Unit Titles Act 1972, at least one street number shall mark the land comprising all the units and common property within the unit plan deposited under the Land Transfer Act 1952;
2. For any contiguous allotments of land under single management for a common purpose including an educational institution, industrial complex, or shopping mall, at least one street number shall mark the contiguous allotments and shall be accompanied by the name of the institution, complex or other such common purpose.

20.5.3

Every number and name required by clauses 20.5.1 and 20.5.2 shall be:

1. located in a position clearly visible from the road or public place to which it has frontage;
2. produced in legible characters not less than 75 millimetres in height for residential buildings and not less than 150 millimetres in height for all other buildings;
3. maintained by the owner or occupier, or any person or body of persons managing the land that the numbers reference, in such a manner as to clearly identify the land at all times.

The Signs bylaw has additional requirements for the numbering of premises.

Alteration of numbers

20.5.4

The council shall have the power at any time to alter the number of any building where in the opinion of the council it is necessary or advisable to do so.

20.5.5

Except where a bylaw permits otherwise, no person except an authorised officer may paint, erect or affix signs on a building to name the road, private road or public place to which the building has frontage.

20.5.6

The council shall have the exclusive right to cause to be painted or affixed on a conspicuous part of a building, the name of the road, private road or public place to which it has frontage. The naming shall be in legible characters, not exceeding 200 millimetres in height.

Maintenance of numbers

20.5.7

Numbers required by clause 20.5.3 shall be maintained by the owner or occupier in such a manner as to readily identify the property at all times.

20.6 Street trading, street performances and events

Licences and permits

20.6.1

Except as provided in clause 20.6.2 below, or where an exemption has been granted by an authorised officer, no person shall in, on or over a public place:

1. undertake street trading without a street trading licence issued by the council;
2. undertake any street performance without a street performance licence issued by the council;
3. undertake any event without an event permit issued by the council.

Exceptions

20.6.2

The following exceptions apply to clauses 20.6.1

1. art installed on public places by the council;
2. street trading, busking, performance, entertainment, art, collections or demonstrations approved as part of an event permitted by the council;
3. delivery of any goods or services to private land or premises;
4. the placement of any structure, material or thing on a public place as authorised under a lease or licence from the council.

20.6.3

Every application for a street trading licence, street performance licence or event permit shall be in writing and shall include an application fee where required. Every application shall include such information an authorised officer considers reasonably necessary for determining whether to issue a licence or permit.

20.6.4

The decision to grant or refuse a street trading licence, street performance licence or events permit, together with any conditions on the licence or permit, may be made in accordance with any relevant guidelines approved by the council or specified under this bylaw from time to time. A licence or permit may be declined where the proposal does not meet the relevant guidelines or where an authorised officer considers that appropriate standards of convenience, safety or visual amenity would not be met by granting the licence.

20.6.5

As a condition of issuing a street trading licence, street performance licence or event permit under this bylaw, the council may charge:

1. a fee to process the licence or permit application or to review an existing licence or permit.
2. a fee in the nature of rental for the public space to be occupied by a street trading activity.

N.B. Most street performance licences will be issued free of charge but may require a bond to ensure the site is cleaned after the event.

20.6.6

A street trading licence, street performance licence or event permit issued under this bylaw:

1. may include such conditions as an authorised officer considers necessary;
2. may be of a limited duration and may specify a time or circumstances when the licence or permit will be reviewed;
3. shall be personal to the licensee or permit holder and shall not be transferable.

The council may require the temporary closure of an area where a street trading licence applies, for emergency or maintenance work. No compensation for this will be paid, but the council may allow alternative locations to be used.

20.6.7

In the event that any street trading licence, street performance licence or permit fee is not paid by the time stipulated in that licence or permit, the licence or permit shall immediately cease to have effect unless otherwise agreed by an authorised officer.

20.6.8

Subject to the Food Stalls bylaw 2008, no street trading licence shall be issued in relation to activities under clause 20.6.1 where food is sold or intended to be sold, unless the applicant satisfies the council or an authorised officer that the activity complies with:

1. any relevant provisions of the Health Act 1956, the Food Act 1981 and any regulations made under either of those Acts in respect of the manufacture, preparation or sale of food;
2. with any food health provisions of the council's bylaws;

Events

20.6.9

No event permit shall be issued where:

1. there is a prior booking of the public place and the two events cannot reasonably take place at the same time, or
2. the council reasonably believes that:
   1. there will be significant disruption to traffic flows or public passage; or
   2. public safety cannot be maintained; or
   3. there is any other objectively justifiable and reasonable grounds for declining consent for example that the event will be or is likely to be offensive.

Decisions regarding events permits shall be made in accordance with clause 20.6.4

Display of licence or permit

20.6.10

Unless exempted by an authorised officer, the holder of a street trading licence, street performance licence or events permit issued by the council shall prominently display their licence or permit, so that it is able to be read by the public at all times during activities.

20.6.11

Where in the opinion of an officer it is impractical to comply with the requirements of clause 20.6.10 the licensee or permit holder shall produce their licence or permit when requested to do so by an authorised officer or a member of the police.

20.6.12

Every person undertaking any street trading, street performance or event in a public place, whether holding a licence or not, shall comply with any lawful instruction of an authorised officer or a member of the police.

20.6.13

Any person who is undertaking any street trading, street performance or event in a public place without a licence or permit issued by council, shall, when required to do so by an authorised officer or a police constable, forthwith cease the street trading, street performance or event and remove from the public place all goods, signs, seating, materials and things relating to that activity.

20.6.14

The provisions of this clause are in addition to any powers of dispensation and licensing under Part 1 (Bylaw Administration) of council's bylaws.

20.7 Review of street trading and street performance licences and event permits

20.7.1

The council or an authorised officer may cancel, amend or initiate a review of a street trading licence, street performance licence or event permit if:

1. the activity is likely to interfere with intended works undertaken by or on behalf of the council in the public place; or
2. the licensee or permit holder has failed to meet the conditions of their licence or any requirements of any relevant criteria, policy or guidelines approved by the council or specified under this bylaw; or
3. the licensee or permit holder has failed to meet any written instructions in a notice issued by an authorised officer, within the time specified in that notice.
4. the activity authorised in the licence or event permit is likely to compromise public safety.

20.8 Enforcement

20.8.1

The provisions of Part 1 (Bylaw Administration) of council's bylaws shall apply to enforcement of this bylaw

20.8.2

The person responsible for compliance with this bylaw shall include the organiser or person in charge of the street trade, street performance or event on a public place and the person who carries out or permits an act or activity that is regulated by this bylaw. For the avoidance of doubt, this includes the owner of any material or thing who fails to take all reasonable steps to prevent a breach of this bylaw occurring in respect of that material or thing.

20.8.3

Where any work or thing, is or has been, constructed in breach of this bylaw, an authorised officer may, pursuant to section 163 of the Local Government Act 2002, remove or alter the said material or thing.

20.8.4

The council may recover from any person responsible for the breach of the bylaw all expenses incurred by it in connection with such pulling down, removal or alteration. This includes the costs of any storage, debt collecting and legal fees.

20.8.5

The exercise of this authority shall not relieve any such person from responsibility for any penalty for erecting or permitting the continued existence of any such material or thing.

20.8.6

Where any land or structure or material or thing, or any use of land, near or adjacent to a public place could, in the opinion of an authorised officer, cause injury or nuisance to the public, an authorised officer may require the owner or person in control thereof to take such action or to carry out such works required to make the land or structure or material or thing safe or to remove the nuisance.

20.8.7

If the breach is such that public health, or safety considerations or the risk of damage to council property is such that delay would be unacceptable to the council, it may take immediate steps to rectify the defect and recover the costs referred in clause 20.8.4 of this bylaw.

20.8.8

In addition to the provisions of Part 1 (Bylaw Administration), an authorised officer may require a person found to be committing a breach of this bylaw to perform any or all of the following actions:

1. immediately cease an activity;
2. leave a public place;
3. not return to the public place for such period as the authorised officer deems fit (in which case the requirement shall be a notice in writing).

20.8.9

Failing to comply with the requirements of this bylaw shall be an offence against this bylaw and failing to comply with reasonable promptness with a requirement of an authorised officer made pursuant to this bylaw shall be a further offence.