- problems related to trading, events and filming in council-controlled public places remain
- the current Bylaw was well-used and worked well at addressing these problems
- a new bylaw was required to avoid a regulatory gap.
Are there any matters that a new bylaw cannot regulate?
Central government legislation (not a bylaw) sets rules about where users ride micro-mobility devices such as rental e-scooters and e-bikes, helmets, speed, and hardware suitability.
Why do we need a bylaw to regulate trading, events and filming?
Bylaw provides the council with the ability to regulate trading, events and filming in council-controlled public places to minimise safety risks, nuisance and misuse of public places. Examples include collisions, accidents, obstructions, noise, ineffective waste management, clutter or overuse of public spaces for private gain.
Instead of proposing a new bylaw, why not make changes to the current Bylaw?
The current Public Trading and Events in Public Places Bylaw 2015 will expire in February 2022.
The Local Government Act requires a bylaw to be reviewed to determine if it’s still appropriate and sets bylaw review timeframes. The review of the current Bylaw was completed in October 2020 and it determined that:
When would a new bylaw become operational?
The new bylaw will come into effect on 26 February 2022.
Part 5 of the proposed new bylaw provides an outline of transactional provisions with respect to applications, queries, approvals or enforcement actions to ensure a seamless transition.
What do you mean by approvals in council-controlled public places?
Approval means a licence, permit or another form of permission granted under a bylaw and includes all conditions.
Council-controlled public place means a place that is under the control of the council or a council-controlled organisation that, is open to or is being used by the public, whether free or on payment of a charge. For example, it includes a park, reserve, sports field, public square, road or footpath.
Would a new bylaw increase approval fees?
This is not the role of the proposed new bylaw. Just like the current Bylaw, the proposed new bylaw, only indicates that applications must include fees, it does not set/increase approval fees.
Fees and charges are set out in the Auckland Council’s Long Term Plan and are reviewed annually.