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Bylaw changes

From City Scene, published on 11 October 2009

Revocation of Radio Frequency Fields Bylaw 2008

At its meeting on 24 September 2009, the council resolved to revoke the Radio Frequency Fields Bylaw 2008 on 9 October 2009.

A National Environment Standard (NES) for Telecommunication Facilities came into effect on 9 October 2008. The NES makes any activity such as a mobile phone transmitter that emits radio frequency fields in compliance with New Zealand Standard NZS 2772.1:1999 a permitted activity. The council's Radio Frequency Fields Bylaw 2008 imposed a standard that was slightly more restrictive than NZS 2772.1:1999. A bylaw can only be more stringent than a national environmental standard if the standard expressly says that a bylaw may be more stringent than it. The Resource Management (National Environmental Standards for Telecommunications Facilities) Regulations 2008 do not contain such a provision, so that the council's bylaw can no longer prevent the erection of aerials that meet the standard. Therefore the bylaw is redundant and has no influence - so the council has subsequently resolved to revoke the bylaw.

Auckland City Council will still be made aware of the placement of telecommunication aerials. As a condition of the permitted activity status that the network operator must ensure that the relevant local authority receives, before the telecommunication facility becomes operational:

  • notice of where the facility is or where it is proposed to be
  • a report that predicts whether the radio frequency fields will comply with New Zealand Standard NZS 2772.1:1999 in places that are reasonably accessible to the general public.

If it is predicted that the radio frequency field levels will reach or exceed 25 per cent of NZS 2772.1:1999, then the network operator must within three months of the facility becoming operational supply the local authority the actual measured field levels proving that the levels comply with NZS 2772.1:1999 at public places near the facility.

The NES and regulations also provide for the installation of masts and antennae on existing structures along roads or in road reserves as a permitted activity, subject to specified limitations on height and size. Due to this, such equipment is no longer controlled by the council's district plan. Aerials and other structures on private land will continue to be controlled by the district plan.

New Bylaw Administration Bylaw 2009

At its meeting on 24 September 2009, the council resolved to introduce a new Bylaw Administration Bylaw.

The new Bylaw Administration Bylaw replaces part 1 of the Auckland City Consolidated Bylaw 1998 (Bylaw Administration). Most of the provisions of the new Bylaw Administration Bylaw (eg service of notices, powers of entry, requirements for licences, permits and approvals, offences, and dispensations etc) have been copied from part 1 and apply to all of the council's bylaws. A number of definitions that were included within part 1 are now included in other bylaws and are no longer required in the new Bylaw Administration Bylaw. Other definitions that were included in part 1 have been removed as they are no longer relevant to the new bylaws. Definitions that apply to a number of bylaws will remain within the new bylaw.

The review of the Bylaw Administration Bylaw has also meant a number of minor consequential amendments have been made to other bylaws including:

  • making reference in the explanatory notes of those bylaws to the Bylaw Administration Bylaw for the definition of words that are not defined in those bylaws
  • adding new definitions into some of the bylaws which help with the interpretation of those bylaws and correcting some minor typographical errors.

The specific changes are:

  • amendment of the Bathing, Health and Beauty Facilities Bylaw 2008, by amending the definition of "massage premises or massage Rooms" and the definition of "public pool"
  • amendment of the Cemeteries Bylaw 2008, by including a definition of "poor person"
  • amendment of the Wharf Bylaw 2008, by inserting a definition of "structure"
  • amendment of the Food Premises Bylaw 2008, by inserting a definition of "certificate of registration", "food" and "food for sale"
  • amendment of the Skin Piercing Bylaw 2008, by inserting a definition of "communicable disease"
  • amendment of the Traffic Bylaw 2006, by amending the definition of "display" and "emergency vehicle", and by inserting a definition of "heavy motor vehicle", "holiday", "pedestrian mall", "prohibited entry point" and "traffic sign"
  • amendment of the Water Supply Bylaw 2008, by inserting a definition of "backflow preventer" and "direct connection"
  • amendment of the Waiheke Wastewater Bylaw 2008, by amending clauses 29.2.1 and 29.3.2.

The new Bylaw Administration Bylaw came into force on 9 October 2009. The bylaw can be viewed in all community libraries the Auckland Central library and online. The amended bylaw can be obtained free of charge from the website or by phoning the lead notification specialist, City Planning.