Roading Bylaw 2013.pdf

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link to page 35 link to page 35 Waitaki District Council Roading Bylaw 2013
Seventh Schedule ......................................................................................................................................35
Droving of Stock Prohibited ..................................................................................................................................... 35

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Waitaki District Council Roading Bylaw 2013
PART I.
TITLE
Commencement
1.1  The title of this bylaw shall be the Waitaki District Council Roading Bylaw 2013.

1.2  The rules of this bylaw come into force on 1 September 2013.

1.3  On 1 September 2013 the bylaws listed in the first schedule are revoked.

1.4  All other bylaws established and operated by the Waitaki District Council for control of roads
traffic and parking within the Waitaki District are subject to this bylaw.

Purpose, Scope and Exemptions

2.1  This bylaw is made pursuant to the powers contained in the Local Government Act 2002, the
Local Government Act 1974, the Transport Act 1962, the Land Transport Act 1998, the
Utilities Access Act 2010, the Land Transport Rule: Setting of Speed Limits 2003 and the Traffic
Regulations 1976 or subsequent amendments.

2.2  The purpose of this bylaw is to promote public safety and effectively regulate
pedestrian, animal and traffic movements within the road corridors in Waitaki
District.

2.2  A person is not in breach of this bylaw if that person proves that the act or omission
complained of took place in response to a situation on a road; and the situation was not of the
person’s own making; and the act or omission was taken—
2.2.1  to avoid the death or injury of a person; or
2.2.2  if the act or omission did not create a risk of death or injury or greater damage to any
property, to avoid damage to any property.

2.3  Paragraph 2.2 does not apply if a court is considering, in proceedings for an offence, whether
or not a person had complied with this bylaw.

2.4  A person is not in breach of this bylaw if that person proves that the act or omission
complained of—
2.4.1  took place in compliance with the directions of an enforcement officer, a parking warden,
a traffic signal, or a traffic sign; or
2.4.2  in the case of an act or omission done by an enforcement officer or a parking warden,
was necessary in the execution of the person’s duty.

2.5  The driver or person in charge of the following vehicles shall be exempt from the provisions of
Part III of this Bylaw—
2.5.1  A vehicle used at some emergency or for providing urgent medical services;
2.5.2  A vehicle used by an enforcement officer for attendance at some emergency or urgent
public business;
2.5.3  A vehicle being used by an approved roading contractor for roading construction or
maintenance functions;
2.5.4  A vehicle being used by a Minister of the Crown on urgent public business, or
conveying any other person authorised in that behalf by that minister and engaged on
urgent public business in the execution of official duties.

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Interpretation
3.1 In this bylaw unless the context otherwise requires:-

Any words or phrases used in this Bylaw shall have the meanings assigned to them by the Local
Government Act 1974, the Local Government Act 2002, the Transport Act 1962, the Land
Transport Rule: Setting of Speed Limits 2003, the Land Transport (Road User) Rule 2004 and
the Traffic Regulations 1976, the Utilities Access Act 2010 or any amendments of those Acts
or Regulations.

Access way means any passage way, laid out or constructed by the authority of the council or
the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister
of Lands for the purposes of providing the public with a convenient route for pedestrians from
any road, service lane, or reserve to another, or to any public place or to any railway station,
or from one public place to another public place, or from one part of any road, service lane, or
reserve to another part of that same road, service lane, or reserve.

Animal means any species of animal dependent on man for care and sustenance or which is
kept by a person in a state of captivity for use or profit or any other reason and includes but is
not limited to: horse, goat, dog, cat, bird, reptile, livestock and household pets.

Art Work or Works of Art means the original concepts of artists, executed in any visual
art/craft medium including but not limited sculpture, carved, cast, constructed, paintings,
landscaping (‘earth art’), installations, light works, water or glass features, projected or
illuminated prints, drawings, photographs, murals, banners, wall hangings, assemblages, or
combinations on media. Artworks may have auditory and/or tactile dimensions as well as visual
elements.

Authorised Period and / or Authorised Time means a period of time controlled by the
signage or machine covering the site deemed to be a controlled area by this Bylaw.

Berm means an area within the road corridor and outside of the carriageway laid out in grass,
and verge has the same meaning.

Boundary Fence means a fence, as defined in Section 2 of the Fencing Act 1978, which
separates a road from adjoining property.

Caravan means any vehicle that is equipped with wheels or such like to enable it to be moved
and is so designed to render it capable of being used as a human abode.

Carriageway means that part of a road reasonably usable for the time being for vehicular
traffic in general.

Cattle includes dairy cows.

Chief Executive means the principal administrative officer of the Council.

Controlled Area means an area controlled by signage or device, including but not limited to
meters or ticket vending equipment / operator for regulation of parking access.

Control point means a position from which a drover can exercise effective control over
stock.

The Council means the Waitaki District Council.
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Cycle
(a) means a vehicle that has at least 2 wheels and that is designed primarily to be propelled by
the muscular energy of the rider; and
(b) includes a power-assisted cycle

Cycleway means a path designed primarily for cycle use.

Dairy Unit means a farm used for milk production.

Driver means a person driving a vehicle; and includes the rider of an all terrain vehicle, a
motorcycle, a moped, a cycle, a mobility device, or a wheeled recreational device

Drover is a person controlling the moving of an animal or a group of animals.

Drove and droving shall have the same meaning that is to drive or to move stock in mobs or
herds along a road and extends to include the leading of stock either singly or in small groups,
but does not include:

- Transportation of stock in a vehicle

- Riding a horse or leading a horse on foot

- The driving of a horse drawn vehicle

Enforcement officer means a person appointed by a local authority to exercise the powers
of an enforcement officer in relation to offences against, and infringement offences under, this
Act, including enforcement of the bylaws of the local authority.

Farm means any parcel or parcels of land occupied and operated as a single farming unit,
irrespective of ownership.

Footpath means so much of any road as is laid out or constructed by authority of the council
primarily for pedestrians; and includes the edging, kerbing, and channelling thereof.

Gateway means any entrance in a boundary fence which allows entry to or exit from a road.

Goods means all kinds of movable personal property; and includes articles sent by post, and
animals.

Goods service vehicle—
(a) means a motor vehicle used or capable of being used in a goods service for the carriage of
goods; but
(b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or
the rules.

Grass Verge, Road Verge or Verge means that part of a road which is not the carriageway
excluding the footpath, which is laid out in grass.

Hours of Darkness means a period of time between half an hour after sunset on one day and
half an hour before sunrise on the next day or any other time when there is not sufficient
daylight to render clearly visible a person or vehicle at a distance of 100m.

Infringement fee means the amount prescribed by regulations made under section 259(b) of
the Local Government Act 2002 as the infringement fee for the offence.

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Infringement Offence means an offence specified as such under section 259(a) of the Local
Government Act 2002.

Livestock means any animal that is not a pet and is farmed or controlled by a person for
benefit of personal consumption or profit or financial exchange.

Milking purposes means the movement of milking stock to or from a shed for milking, but
does not extend to the movement of dry cattle or milking stock for any other purpose.

Mobility device means a vehicle designed and constructed (not merely adapted) for use by
persons who require mobility assistance due to physical and neurological impairment and is
powered solely by a motor that has a maximum power output not exceeding 1,500W.

Motor Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Officer means any Police Officer or authorised Officer of the Council.

Owner means the person lawfully entitled to possession, control and operation of an animal
or vehicle or conveyance device.

Parking means
(a) in relation to a portion of a road where parking is for the time being governed by the
location of parking meters or vending machines placed under the authority of a bylaw of a local
authority, the stopping or standing of a vehicle on that portion of the road for any period in
excess of a period fixed by a bylaw of a local authority ;
(b) in relation to any other portion of a road, the stopping or standing of a vehicle (other than
a vehicle picking up or setting down passengers in a loading zone or reserved parking area, and
entitled to do so) on that portion of the road.

Parking Area means any land belonging to or controlled by the Council, which is authorised
by resolution of Council to be a place where vehicles may be parked.

Parking Concession means permission granted to persons from time to time with respect to
Parking Areas controlled by the Council.

Private road means any roadway, place, or arcade laid out or formed within the district on
private land, by the owner thereof, but intended for the use of the public generally.

Private way means any way or passage whatsoever over private land within the district, the
right to use which is confined or intended to be confined to certain persons or classes of
persons, and which is not thrown open or intended to be open to the use of the public
generally.

Public place means within the Council’s district, every footpath, cycletrack, road, street, lane
and thoroughfare which is open to the public or is able to be used by the public as of right and
every park, reserve, beach or place of public resort or place to which the public has access and
which is under the control of the Council.

Private Utilities means any utility that is not owned or operated by a Utility Operator.

Road and Road Corridor means the same as in section 315 of the Local Government Act
1974.

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Roadside drain is a channel formed on a public road for the purposes of receiving and
carrying water.

Roller skate or in-line skate means a series of small wheels attached to a framework, which
can be fitted over the shoe or a shoe with wheels attached and includes any similar
recreational device used in a similar way.

Service lane means any lane laid out or constructed either by the authority of the council or
the Minister of Works and Development or, on or after the 1st day of April 1988, the Minister
of Lands for the purpose of providing the public with a side or rear access for vehicular traffic
to any land.

Sign means any sign or device of whatever nature for the purpose of specific information of
any site or building, for proving directions or information, or for promoting any goods, services
or forthcoming events, which is visible from any public place or thoroughfare. Such signs may
consist of a specially constructed device, structure, erection or apparatus.

Skateboard means a board mounted on sets of small wheels, for recreational use and
includes a scooter and wheeled recreational device as defined in the Land Transport Road User
Rule 2004.

Speed Limit means the same as in Land Transport Rule: Setting of Speed Limits 2003.

Split Dairy Unit means a dairy unit where parts of that unit are physically separated by a
road, river, stream or other natural barrier or by land occupied by another person.

State Highway has the meaning attributed to it by the Land Transport Management Act
2003.

Stock means livestock.
  Stock Crossing means the movement of stock directly across a road

Stock Droving Race means land fenced and used for droving stock and includes a stock
droving race laid off in whole or in part on a road verge with the re permit required from the
Council, in its unfettered discretion.

Storage means the intentional placement of vehicles and objects excluding structures for a
period greater than would be regarded as parking.

Stormwater is defined as rainwater which has landed either on the ground, a roof or
other impervious area.

Temporary Fence means an adequate stock proof fence erected on the road verge for
grazing purposes which is constructed of:
- securely driven or rammed posts or stakes made of fibreglass, plastic, wood of a size not
greater than 100mm width and 50mm breadth, or any combination thereof (no solid steel
posts or standards).
- steel wire or netting or electric fence ribbon wire or netting or any combination thereof
adequately strained, battened and stayed.

Urban Traffic Area means the same as in Land Transport Rule: Setting of Speed Limits 2003.

Utility Operator means the same as in the Utilities Access Act 2010.
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Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

Vehicle Entranceway and vehicle crossings have the same meaning as vehicle crossings as in
section 335 of the Local Government Act 1974.

Waste Bin means a receptacle or container for waste, refuse or other matter.

Water table is a roadside drain.

Works means the use of machinery or hand tools to excavate, construct or alter any public or
privately owned asset.

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PART II.
GENERAL PROVISIONS
Council Control
4.1  This bylaw applies to all roads or parts of roads which is / are under the control of the Waitaki
District Council.

4.2  Enforcement of the provisions of this bylaw shall be carried out by the police or Council’s
enforcement officers.

4.3  Council may grant permission for a specified object or activity to occupy a place or places in a
road to any person on such terms as it thinks fit.  In granting permission Council may impose
such terms as it deems appropriate for the benefit of public health, safety and convenience, and
for protection of public property.

4.4  Council may charge a fee for granting of permission to occupy a road or part of a road.

4.5.  Where an object or activity occurs in breach of conditions set by Council or the fee payable
has not been paid, Council may revoke its permission.

4.6  Where anything occupies a road in contravention of any permit required or provisions in the
Bylaw, Council may require such objects to be removed by serving notice on the person who
left the object on the road or any other person who has an interest or control over the object,
requiring that the object be removed within the period stated in the notice.

4.7  Any person who acts so as to cause damage to any road, footpath, signage, pavement markings,
equipment used to control or regulate a parking area or public place commits a breach of this
Bylaw. Damage includes the deposit of mud, earth, aggregates and faecal matter arising from
farming and construction activities which may cause damage, nuisance or affect the safety of
other road users.  Without prejudice to any other remedy, where such a breach of this bylaw
occurs which causes damage, Council may undertake repairs and recover the associated costs
from the person or persons who committed a breach of the bylaw in connection with the
damage.

4.8  No person shall undertake works on, over or beneath the road without first obtaining the
permit required from Council.  The terms and conditions of the permit relate to the
requirements of the Utilities access Act 2010 and Waitaki District Council’s Code of Practice.

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PART III.
PARKING
Children and Animals Left In Cars
5.1  The Council shall have the right to enter or allow the entry into any vehicle in any parking area
to aid a child or animal that has been left unattended in that vehicle so that the leaving of that
child or animal therein is likely to endanger its safety or health, or when it appears that the
child or animal is in a distressed condition.

Parking Controls and Offences
5.2  It is an offence to park in any controlled area, parking area or public place except as permitted
by:
5.2.1
an authorisation issued by the Chief Executive, or
5.2.2
the provisions of this Bylaw, or
5.2.3
by resolution of Council, or
5.2.4
by signage or equipment installed by Council to regulate parking in a controlled area.

5.3  Only the prescribed coins and payment mechanisms shall be used with any equipment that
controls or regulates a parking area.  No person shall operate or attempt to operate
equipment that controls or regulates a parking area by any means other than as prescribed by
this Bylaw.  No person shall tamper or interfere with a sign or equipment installed by Council
to regulate parking in a controlled area.

5.4  No person shall park any vehicle on or over any marking indicating the limits of the parking
space or in such a position that the said vehicle shall not be entirely within the markings which
indicate the limits of the parking space; provided however, that where such vehicle has a trailer
or caravan attached that person may park such vehicle and trailer in two parking spaces paying
such fees as are required for such spaces.

5.5  No person shall park any vehicle in a parking space which is already occupied by another
vehicle unless all the vehicles occupying a space are mopeds or motor-cycles (including motor-
cycles with side-cars attached thereto) and all such mopeds or motor cycles have paid the
required fee and are displaying the required parking receipt and none of the mopeds or motor
cycles are preventing or likely to prevent other parking area occupants from egress.

5.6  If the parking space is parallel to the kerb or footpath, the vehicle (except a motor-cycle)
occupying that space shall be parked so that it shall be headed in the direction of the
movement of the traffic on the side of the street on which the vehicle is parked.  Motor cycles
can be parked at angles to the kerb.

5.7  If the parking space is at an angle to the kerb or footpath the vehicle occupying that space shall
be parked so that the vehicle is entirely within the parking space and parallel to a marking
which indicates a side limit thereof with the front or the rear of the vehicle (as the case may
be) as near as is practicable to the kerb in accordance with parking direction signage.

5.8  No person shall park any vehicle for any period in excess of the maximum authorised period
displayed on signs, which designate an area as a time restricted parking area.

5.9  No person shall stop, stand or park any vehicle in any right of way which is vested in or owned
by the Council in such a manner as to obstruct or block traffic using the right of way.

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5.10  No person shall stop, stand or park any vehicle across, or, unless otherwise marked, within 1
metre either side of any vehicle access entrance on a public road in such a manner so as to
obstruct or block traffic using the vehicle access entrance.

5.11  No person shall use any part of a road or footpath to undertake repairs to a vehicle, unless the
said repairs are minor or of an urgent nature intended to allow for the immediate removal of
the vehicle from the said road or footpath.

5.12  No person shall leave standing on any road or public place for any continuous period exceeding
seven days any motor vehicle (including a motor vehicle without wheels) that is mechanically
immobilised, without the permit required from the Council. The Council may remove and
impound, at the cost of the owner, if known, any vehicle left standing in breach of this clause.

The Council shall not be liable for any loss or damage resulting from the removal or sale of any
such vehicle.

5.13  Due care shall be taken when parking on a steep gradient to ensure the safety of residents and
other road users; this should include turning the wheels toward the kerb to prevent
inadvertent free-wheeling.

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PART IV.
BERMS, CYCLEWAYS, FOOTPATHS AND VEHICLE
CROSSINGS
6.1.  No person shall operate any vehicle or ride or take any horse on a berm, cycleway or footpath
except where the vehicle is a mobility device or where a vehicle is using a vehicle crossing
constructed for the purpose of accessing an adjacent property.  Any such vehicle crossing shall
comply with Council’s Standard Specification for Vehicle Crossings.

6.2  No person shall stop, or stand, or park any vehicle, mobility device, skateboard, scooter, roller
skate, in-line skate, cart, trolley, toboggan, bicycle or similar recreational device on a berm,
cycleway or footpath so as to affect the safety of other road users, cause nuisance, block or
impede pedestrians using the berm, cycleway or footpath, except where a cycle rack or similar
park is specifically provided.

6.3.  No person shall use any cart, cycle, in-line skate, mobility device, roller skate, scooter,
skateboard,  trolley, toboggan, or similar recreational device in any public place, which is under
the control of Council, so as to cause, or is likely to cause damage to any property, or in a
manner which is careless, dangerous or causes obstruction or annoyance.

Careless or dangerous use includes but is not limited to the use any cart, cycle, in-line skate,
mobility device, roller skate, scooter, skateboard, trolley, toboggan, or similar recreational
device on any footpath so as to affect the safety of other road users, cause nuisance, block or
impede pedestrians.

6.4.  No person shall use any skateboard, scooter, roller skate, in-line skate, cart, trolley, toboggan
or similar recreational device in any area defined in the second schedule of this bylaw, unless
approved by Council permit.

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PART V.
PARKING AND LANDSCAPED AREAS OUTSIDE THE ROAD
CARRIAGEWAY
7.1.  No person shall use any skateboard, scooter, roller skate, in-line skate, cart, trolley, toboggan
or similar recreational device within a parking area unless approved by Council.

7.2.  No person shall interfere with or damage any traffic island, flower bed, grass plot, or
landscaped area laid out by the Council in any road, footpath or parking area or place to which
the public have access.

7.3  Unless authorised by Council no person shall ride, drive or park any vehicle or allow any
animal under their control to stray upon any such traffic island, flower bed, grass plot, path or
landscaped area to which the public have access.

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PART VI.
STATIONARY ACTIVITIES, OBJECTS ON ROADS AND
FOOTPATHS
Scaffolding, Ladders and Cranes
8
No scaffolding shall be erected nor any crane or similar equipment shall be operated on any
footpath or road or public place controlled by Council, without the permit required from
Council.  Council may issue a permit to any person seeking to erect scaffolding or operate a
crane or similar equipment, subject to conditions deemed appropriate to protect the public.

Advertising on Roads and Footpaths
9
No sign or hoarding shall be displayed on any part of the road reserve or footpath that does
not comply with Council’s District Plan and / or any other rule established and maintained by
Council to control display of signs and hoardings or in such a manner that constitutes a
nuisance or obstructs the visibility of other road users.

Vehicles for Sale
10
Displaying any parked vehicles for sale is prohibited in the areas listed in the third schedule.

Abandoned Vehicles
11.1  Abandoned vehicles are as defined as per Section 356 of the Local Government Act 1974.

11.2  Where a vehicle is to deemed to be abandoned and to affect the safety of other road users,
cause nuisance, block or impede pedestrians using the footpath or berm it may be removed by
Council without notifying the registered owner.

11.3  Where a vehicle is deemed to be abandoned and it does not affect the safety of other road
users, cause nuisance or block or impede pedestrians using the footpath or berm, Council shall
give reasonable notice to the registered owner of the abandoned vehicle, not longer than seven
working days to voluntarily remove the vehicle off the road reserve.  If the vehicle is not
removed by the registered owner, it may be removed by Council and costs recovered from
the registered owner as provided by the Local Government Act 1974.

Tree Planting and Tree Trimmings
12.1  Planting of trees within the road is prohibited unless the permit required is obtained from the
Council.  Council shall consider such requests for planting in terms of species, location,
appropriateness, safety, and the impact on other utilities.

12.2  No tree trimmings shall be allowed to remain on any footpath or road or public place
controlled by Council, without the permit required from Council.   Trimmings and any
machinery used in the trimming of trees and other vegetation shall be removed promptly.

Private Utilities
13
Private utilities including but not limited to irrigation lines and electric fence power supplies
shall not be installed in or on any footpath or road or public place controlled by
Council without obtaining the permit required from Council. The installation of pipes and
wires through drainage culverts is prohibited.
Page 15 of 35

Bus Shelters
14
Private bus shelters shall not be installed without obtaining the permit required from Council.

Storage on the Road
15
Storage of items on any road is prohibited without obtaining the permit required from Council.
Such items include but are not limited to agricultural machinery, balage, firewood, hay, shipping
containers and temporary buildings.

Public Art
16. Placement of Art including but not limited to sculpture, or similar creation shall comply with
Council’s Policy on Art in Public Places and shall not be installed or erected without the permit
required of Council.

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PART VII.  REFUSE
Litter
16.1  No person shall permit or suffer anything to fall from a vehicle onto the road or, having so
fallen, to remain on the road.

16.2  No person shall make use of any street tidy or other public refuse receptacle for the purpose
of placing or depositing therein any offensive matter or any household, shop, office, or trade
refuse of any description.

Waste Bins and Containers
17.1  The Council may, from time to time, give written permission for a bin, container or similar
receptacle exceeding a capacity of 240 litres to be placed and left, for a specified period, on any
road or footpath, provided due regard is given to the Code of Practice for Temporary Traffic
Management and other such conditions as deemed appropriate.

17.2  In areas where parking is for the time being controlled by meters application shall be made to
the Council for the issue of a parking reservation sign and if the application is granted, the sign
shall be attached to the bin, container or similar receptacle; and the said bin, container or
similar receptacle shall be contained within a parking space.  Council may require payment for
such use of a parking space.

Page 17 of 35

PART VIII.  PUBLIC EVENTS AND ROAD CLOSURES
Traffic Delays
18
Any person intending to hold or organise a public event or demonstration involving a
procession of persons or vehicles or both, other than a funeral procession, shall give at least
ten working days written notice of application to the Council for its consent.  Council has
discretion whether to allow an application that it has received that is less than seven working
days prior to the intended procession.  The fee determined by Council shall accompany
applications.

Road Closures
19.1  Any person intending to close a street or road for any reason should submit an application to
Council at least fifty five days prior to the intended date of the road closure.  Council has
discretion whether to allow an application that it has received less than forty- two days prior
to the intended closure.  The fee determined by Council shall accompany applications.

19.2  No person shall operate a vehicle on any road that has been closed by Council.

19.3  No person shall operate a vehicle or class of vehicle on any road where Council has prohibited
or restricted the use of said vehicle or class of vehicle.

Page 18 of 35

PART IX.  SPEED AND DIRECTIONAL LIMITS
Consultation and Decision Making
20.1  Pursuant to section 684(1)(13) of the Local Government Act 1974, the Local Government Act
2002 and the Land Transport Rule: Setting of Speed Limits 2003 the Waitaki District Council
has set speed limits as specified herein.

20.2  Before setting a speed limit (including variable speed limits), or designating or changing an
urban traffic area, or making or changing one way streets Council shall consult with persons
who may be affected by the proposed change in accordance with section 7 of the Land
Transport Rule Setting of Speed Limits 2003.

One Way Streets
21.1  Every person in a vehicle on a road described in the fourth schedule to this Bylaw shall travel
only in the direction specified by signs or markings on that road.

21.2  Pursuant to section 151 (2) of the Local Government Act 2002 and the consultation provisions
in this bylaw, Council may make additions or alterations to the fourth schedule where it is in
the interest of the safety of the public or for the better preservation of any road.

21.3  Any restriction to travel in one specified direction only shall be marked by erection of the
prescribed signs.

Speed Limits
22.1  The roads or areas described in the fifth schedule or as shown on a map referenced in the
fifth schedule are declared to have the speed limits specified in the fifth schedule and maps,
which are part of this bylaw.

22.2  Roads identified on the speed limit schedule as having a 50km/h speed limit are designated as
urban traffic areas.

22.3  Any speed limits identified on the speed limit schedule (other than 50 km/h on roads within an
urban traffic area and 100 km/h on roads within a rural area) are validated.

22.4  Pursuant to section 151 (2) of the Local Government Act 2002, section 684(1)(13) of the Local
Government Act 1974 and the Land Transport Rule Setting of Speed Limits 2003, the Council
may from time to time by resolution make additions to or alterations to the fifth schedule
where it is in the interest of the safety of the public or for the better preservation of any road,
off-street parking area, bridge, culvert or reserve.  The Council may set speed limits of 20, 30,
40, 50, 60, 70, 80 or 100km/h on any road or area in its district or such other speed limit as
may from time to time be set by the Land Transport Rule Setting of Speed Limits 2003 and its
amendments.

22.5  Areas to which Bylaw Speed Limits imposed under this clause apply shall be marked by notices
or signs in the prescribed form.

Temporary, Holiday and Variable Speed Limits
23.1  Areas subject to variable speed limits are described in the sixth schedule to this Bylaw.

Page 19 of 35

23.2 The part-time speed limit shall be in force when the required temporary signs are displayed.

23.3 No person shall, on any part of the road described in the sixth schedule of this Bylaw,
exceed the part-time speed limit in force for that part of a road during the time that the part-
time speed limit applies.

Page 20 of 35

PART X.
ANIMALS
Pets And Livestock
24.1  No driver or person in charge of any vehicle drawn by any animal or animals shall ride on that
vehicle without having and holding proper and sufficient reins to guide the animal or animals
drawing the vehicle.

24.2  No person shall ride or drive any animal recklessly, negligently or at a speed or in a manner
which in the circumstances is or might be dangerous to any animal or person.

24.3  No person shall drive livestock in any Council controlled public parking area.

Wandering Animals
25.1  Every person being the owner or having the care, custody, or control of any stock, shall take all
reasonable steps to keep and prevent such livestock from wandering or being without proper
control on any road or public place.

25.2  The owners of any pets or livestock are liable for any penalties herein and for any damage
caused by their animal(s) wandering at large.

Roadside Grazing, Temporary Fencing and Tethering
26.1  No person shall allow livestock or pets to abide or graze on any part of any road or reserve or
erect any fencing, temporary or permanent, without the permit required from Council.
Council may issue permits to enable owners of animals to abide or graze on the road verge or
berm subject to conditions, including fencing or tether requirements deemed necessary to
contain the animals and protect the public.

26.2  No person shall erect and leave temporary fencing, including electric tapes and wire across any
carriageway unattended.

Stock Management
27.1   Interpretation

In the context of Part X of this Bylaw:

Frequent movement means regular movement of stock along or across any road as part of the
normal operation of a farm, and includes but is not limited to stock movements across a road
occurring more than once on annual average in any one month.  Infrequent movement is
where stock are crossed over any road once or less than once per month on annual average.
Stock directly crossing a road means a crossing with no greater than 50 meters variance from a
direct route across the road.

Stock Crossing
28.1  Subject to the provisions of this bylaw, stock may be infrequently driven across a road during
the hours of daylight if a person or animal or appropriate signage is clearly visible at a distance
of 120 metres from either direction, and shall comply with the general conditions for stock
management.

28.2   A permit is required for the frequent movement of stock including but not limited to stock
crossing any road.  The conditions of any such permit shall be complied with.

Page 21 of 35

28.3  In the case of emergency or escape the owner shall take adequate steps to ensure that other
persons using the road have warning of the presence of stock on the road by use of hazard
lights or other warning devices. . A permit is not required in the case of emergency or
escape.

Stock Droving
29.1   A permit is required for all stock droving that is not regarded as stock crossing or an
emergency under this bylaw. The conditions of any such permit shall be complied with.

29.2  In the case of emergency or escape the owner shall take adequate steps to ensure that other
persons using the road have warning of the presence of stock on the road by use of hazard
lights or other warning devices.  A permit is not required in the case of emergency or
escape.

General Conditions for Stock Management
30.1  Council shall not be held responsible in any way for claims and damages arising from stock
droving and Council requires the owner of the stock keeps in force Public Liability Insurance to
protect his / her liability for damage to third parties.

30.2  The drover of stock shall have due regard for and comply with accepted Temporary Traffic
Management practices.

30.3  No person shall drove or cross any stock along or across any road depicted or listed in the
Seventh Schedule except:
30.3.1
In the case of emergency; or
30.3.2
If the stock are to be driven from one part of a farm to another part of the same

farm, where no other suitable route is reasonably available.

30.4  Stock shall be managed so as to cause the least possible disruption to other road users.  The
drover shall allow any vehicle to proceed along the road with a minimum of delay.

30.5  The number of drovers to be shall at all times be sufficient to ensure the stock is under control
and other road users are adequately warned that they are approaching stock.

30.6  The route taken by any drove shall be the most practicable direct route by road between the
point of departure and the destination, subject to the provisions of this bylaw.

30.7  All reasonable efforts shall be made to ensure that stock are kept:
30.7.1
Moving at all times, so as to make progress towards the destination.
30.7.2
Where available, and, subject the following provision, on the road verge and off any

adjoining property.
30.7.3
Away from drainage channels and culverts, trees, shrubs or flowerbeds planted on

the road verge.

30.8  When stock are drove along or crossed across any road, a temporary sign or a drover shall be
suitably placed so as to be clearly visible to, and give adequate warning of stock movements to,
other road users as specified in accordance with accepted Temporary Traffic Management
practices.

Page 22 of 35

30.9  When stock are drove along or crossed across a State Highway or any other road the signage
required shall comply in all respects with the requirements of The New Zealand Transport
Agency and any other requirements imposed by statute or regulation and this bylaw.

30.10 All injured or dead stock shall be removed from the carriageway immediately, and from the
road verge as soon as possible thereafter but in any event on the same day.

30.11 Any person seeking dispensation from compliance with this bylaw may not less than ten days
before the drove is to commence make application to the Council in writing setting out the
grounds upon which a dispensation is sought.  The Council in its discretion may, but in the case
of emergency shall, waive the requirement for a prior application in writing and shall either
grant, with or without conditions, or refuse any such application in writing.

Additional Provisions Relating to the Frequent Movement of Stock
31.1  Frequent movement of stock including but not limited to milking stock shall not be driven along
or crossed across any road in circumstances where those stock units may be lawfully and
reasonably driven to their destination over other land.

31.2  No road or any part of a road may be used for the purpose of the frequent movement of stock
including but not limited to moving milking stock for milking purposes without the permit
required from Council.  In considering an application under this section, Council shall apply its
Assessment Criteria as described in the Waitaki District Council Code of Practice for Stock
Crossing.

31.3  Any new dairy conversions and expansions that occur from the operative date of this bylaw
that have a property that is operated as a split dairy unit shall, if deemed necessary in the
Waitaki District Council Code of Practice for Stock Crossing, require a stock underpass or
overpass.

31.4  Upon receipt of an application the Council shall either approve said application (which may be
subject to such reasonable conditions as the Council thinks fit) or refuse to issue a permit.
Where the application relates in whole or in part to a State Highway, the applicant shall obtain
the approval of The New Zealand Transport Agency.

Power to Restrict Droving and Crossing
32
The Council may by public notice given generally or by notice in writing to an individual person
or persons prohibit or restrict for such reasonable period and upon such conditions as Council
may prescribe the use of any road for the droving or crossing of stock.  Any such prohibition
or restriction may from time to time in like manner be altered or revoked.

Damage to Road
33.1  Where damage can be identified as having been caused by the droving or crossing of stock
including but not limited to: the carriageway, verge, any roadside marker post or sign, bridge
railings or decking; ditches; boundary fences; gateways or mailboxes, the owner(s) of the stock
responsible for that damage shall take all reasonable steps to repair such damage in a manner
and to a standard approved by the Council.  In default thereof the Council may undertake such
work on the owner’s behalf and recover the costs incurred from the Owner as a debt.

33.2  If as a result of the droving or crossing of any stock on the road there is a build up of faecal
matter or mud on the surface of the carriageway sufficient to cause:
33.2.1
Damage to the carriageway, or
Page 23 of 35

33.2.2
Loss of traction for vehicular traffic, or
33.2.3
A nuisance to other road users;
Then Council may, by written notice, require the owner of the stock responsible for that build
up to remove the same within such reasonable period as the Council may specify in its notice.
If the notice is not complied with, in the time specified in the notice, the owner shall commit an
offence under this bylaw and without prejudice to any right of prosecution the Council may
undertake that work on the owner’s behalf and recover the costs incurred from the owner as
a debt.

Animal Health
34.1  No person shall drove any stock on a road, or tether or graze any stock on a road verge in
circumstances where such droving, tethering or grazing is in contravention of any statute,
including T.B. status, or other lawful directive relating to animal health and/or the droving of
stock.

34.2  No person shall drove any animal under movement control classification on any road reserve.

Permit To Drove
35.1  A permit to drove, when issued, shall be subject to the provisions of this Bylaw and subject to
such dispensations and conditions as may be noted on the permit, in the Council’s discretion.

35.2  The applicant shall apply in writing to the Council for a permit to drove in the form required
by Council before commencing droving and specify (as appropriate):

  Property owner’s name and address
  Stock owner’s name and address
  Head Drover’s name and address
  Number of stock
  Type(s) of stock
  Identification marks of stock
  Bovine Tuberculosis status
  Movement Control classification
  Number of drovers
  Intended route through the district (as marked on a map)
  Use of signage.
  Traffic management plan
  Evidence of Public Liability Insurance

35.3  If a drove can not reasonably be expected to be completed during the hours of daylight of the
day on which the drove is commenced, the owner of the stock or his agent shall detail the
distance of daily stages, location of holding paddocks and approval from owners of holding
paddocks.

35.4  Application for a droving permit shall be made notwithstanding that a drove commences
outside the district and shall be made before any stock enters the district.

35.5  Where the application relates to the droving of stock along or across a State Highway, before
issuing the permit the applicant shall obtain the approval of The New Zealand Transport
Agency.

35.6  Permit fees shall be payable before the drove commences.
Page 24 of 35

35.7  Any person who droves without a permit, where a permit is required, or who fails to produce
a permit to drove upon demand by an authorised officer of the Council, or an authorised
officer of The New Zealand Transport Agency or a Police Officer commits an offence under
this Bylaw.

35.8  Any applicant may appeal to Council to reconsider the conditions or non-issue of a droving
permit.

Duration and Transferability of Permits And Dispensations
36.1  A permit to drove or cross stock issued by Council shall be valid only for the date, dates or
period specified in the permit, is personal to the applicant and shall not be assigned.

36.2  Where a permit is required for frequent movement of stock on roads including but not limited
to for milking purposes (typically a stock crossing), a permit or a dispensation under this bylaw:
36.2.1
Ownership of the permit shall apply to the owner of the farm or dairy unit to
which it relates; and
36.2.2
The permit holder shall notify Council of any changes that may affect the permit
conditions and shall notify Council of any changes in the owners of the stock who
are operating under the permit conditions.
36.2.3
An applicant need only apply for one permit in situations where more than one
crossing site is necessary.

Page 25 of 35

PART XI.  OFFENCES
Offences
37.1  Every person who breaches this bylaw commits an offence and may be issued with an
infringement notice or is liable, on summary conviction, to the penalties set out in section 242
(4) of the Local Government Act 2002.

37.2  Every person who operates a vehicle in excess of the speed limits set by this bylaw commits an
offence and is liable for the penalties and fees provided for in the relevant provisions of the
Land Transport Act 1998 and the Transport Act 1962 or Land Transport (Offences and
Penalties) Regulations.

Proceedings for Infringement Offences
38
A person who is alleged to have committed an infringement offence may either—
38.1  be proceeded against under the Summary Proceedings Act 1957; or
38.2  be served with an infringement notice under section 245 of the Local Government Act
2002.

Issue of Infringement Notices
39
An infringement notice may be served on a person if an enforcement officer—
39.1  observes a person committing an infringement offence; or
39.2  has reasonable cause to believe that an infringement offence is being or has been
committed by that person.

39.2  An infringement notice may be served—
39.2.1
by an enforcement officer (not necessarily the person who issued the notice)
personally delivering it (or a copy of it) to the person alleged to have committed
the infringement offence; or
39.2.2
by post addressed to that person's last known place of residence or business.

39.3  For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a
person at that person's last known place of residence or business shall be treated as having
been served on that person when it was posted.

39.4  An infringement notice must be in the prescribed form and must contain the following
particulars:
39.4.1
details of the alleged infringement offence sufficient to inform fairly a person of the
time, place, and nature of the alleged offence:
39.4.2
the amount of the infringement fee specified for that offence:
39.4.3
the time within which the infringement fee must be paid:
39.4.4
the address of the place at which the infringement fee must be paid:
39.4.5
a summary of the provisions of section 21(10) of the Summary Proceedings Act
1957:
39.4.6
a statement that the person served with the notice has a right to request a hearing:

39.4.6
a statement of what will happen if the person served with the notice neither pays
the infringement fee nor requests a hearing:

39.4.6
any other particulars that are prescribed from time to time.

Page 26 of 35

39.5  If an infringement notice has been issued under this section,—
39.5.1
proceedings in respect of the offence to which the notice relates may be
commenced in accordance with section 21 of the Summary Proceedings Act 1957;
and
39.5.2
the provisions of that section apply with all necessary modifications.

Impounding
40.1  An enforcement officer may seize and impound property that is not on private land if—
40.1.1
the property is materially involved in the commission of an offence; and
40.1.2
it is reasonable in the circumstances to seize and impound the property; and
40.1.3
before seizing and impounding the property, the enforcement officer—
40.1.3.1
directed (orally or in writing) the person committing the offence to
stop committing the offence; and
40.1.3.2
has advised (orally or in writing) the person committing the offence
that, if he or she does not stop committing the offence, the
enforcement officer has power to seize and impound the property; and
40.1.3.3
provided the person with a reasonable opportunity to stop committing
the offence.

40.2  However, if the property is not in the possession of a person at the time the enforcement
officer proposes to seize and impound the property, the enforcement officer does not have to
comply with clause 40.1.3.

40.3  As soon as practicable after seizing and impounding property, an enforcement officer must give
a notice in the prescribed form—
40.3.1
to the person in possession of the property at the time it was seized and
impounded; or
40.3.2
to any person who the enforcement officer can ascertain is the owner of, or has an
interest in, the property.

Seizure of Property from Private Land
41.1  A judicial officer may issue a warrant authorising an enforcement officer to enter private
property involved in the commission of an offence, and seize and impound property.

41.2  A warrant may be issued only if—
41.2.1
the application for it is made in writing and on oath; and
41.2.2
the judicial officer is satisfied that—
41.2.2.1
the property is materially involved in the commission of an offence;
and
41.2.2.2
it is reasonable in the circumstances for the property to be seized; and
41.2.2.3
the enforcement officer has directed the person committing the
offence to stop committing the offence and has advised the person
that, if he or she fails to do so, the enforcement officer intends to
apply for a warrant; and
41.2.2.4
the enforcement officer has given the person committing the offence a
reasonable opportunity to stop committing the offence.

41.3  A warrant—
41.3.1
may be issued subject to any terms and conditions imposed by the judicial officer
issuing the warrant; and
41.3.2
authorises an enforcement officer, subject to aforementioned terms and conditions
to—
Page 27 of 35

41.3.2.1
use any assistance that is necessary in the circumstances; and
41.3.2.2
use any force that is reasonably necessary to enter the land and seize
and impound the property.

41.4  In this section, "judicial officer'' means—
41.4.1
a District Court Judge, duly authorised Justice of the Peace, community magistrate,
or Registrar of a District Court; but
41.4.2
does not include a Justice of the Peace who is the mayor, an elected member, or
an employee, of Council.

Conditions for Exercise of Warrant to Seize Property on Private Land
42.1  An enforcement officer executing a warrant issued under section 165(1) of the Local
Government Act 2002 must—
42.1.1
be accompanied by a member of the police; and
42.1.2
when entering the land and when reasonably requested to do so afterwards,
produce for inspection by any person occupying the land at the time—
49.1.2.1
the warrant; and
49.1.2.2
evidence of the officer's identity; and
42.1.3
if requested, whether at the time or later, provide a copy of the warrant within 7
days after receiving the request.

42.2  If no person is present and occupying the land when an enforcement officer executes the
warrant, the enforcement officer must—
42.2.1
leave a copy of the warrant—
42.2.1.1
affixed to a building or fixture on the land; or
42.2.1.2
in a prominent place on the land; and
42.2.2
on a copy of the warrant, endorse—
42.2.2.1
the date and time of the execution of the warrant; and
42.2.2.2
the name of the enforcement officer executing the warrant; and
42.2.2.3
a description of any property seized and impounded in sufficient detail
to enable the property to be identified.

Return of Property Seized and Impounded
43.1  The owner of property that has been seized and impounded, or the person from whom the
property was seized, may request Council to return the property.

43.2  Council must return the property if—
43.2.1
the property is not likely to be involved in an offence for which it was seized; and
43.2.2
the owner or person has paid, or tenders with the request payment of, the costs of
Council in seizing, impounding, transporting, and storing the property.

43.3  If Council refuses to return the property, the owner or person from whom it was seized may
apply to a District Court to review Council's decision.

43.4  The District Court may—
43.4.1
confirm Council's decision; or
43.4.2
order that the property be returned.

Page 28 of 35

Power to Dispose of Property Seized and Impounded
44.1  Council may dispose of property that has not been returned within 6 months after it was
seized and impounded.

44.2  Council must not dispose of property before making reasonable attempts to locate the owner
and give the owner of the property and the person it was seized from not less than 14 working
days' notice of the authority's intention to dispose of the property.

44.3  Council may dispose of the property by way of sale or otherwise as it thinks fit.

44.4  Any proceeds from the disposal of the property must be applied to pay,—
44.4.1
first, the costs incurred in seizing, impounding, transporting, and storing the
property:
44.4.2
second, the costs of disposing of the property:
44.4.3
third, any surplus to the owner of the property or the person from whom it was
seized.

Costs of Remedying Damage Arising from Breach of Bylaw
45.1  A person who has been convicted of an offence against a bylaw is liable to pay to Council the
costs of remedying any damage caused in the course of committing the offence.

45.2  The costs of remedy may include the administration and inspection costs incurred by Council
in terms of this offence.

45.3  The costs must be assessed by a District Court Judge and are recoverable summarily as if they
were a fine.

45.4  Costs recoverable under this section are in addition to any penalty for which the person who
committed the offence is liable.

Issue of Notices
46.1  In the event of breach, (including an alleged breach) of the provisions concerning animals in
Part X of this bylaw Council may give written notice of the breach to the owner of the stock
and/or the temporary fence, specifying the steps which the Council requires to be taken to
remedy that breach and the reasonable time period within which those steps are to be taken.

46.2  An owner who fails to take the steps set out in the notice within the time period specified in
the notice shall commit an offence under this bylaw and shall;
46.2.1
Forthwith remove the stock and/or the temporary fence; and
46.2.2
Not be at liberty for a period of up to six months after the expiry of the notice to
exercise any of the rights conferred by permit under this bylaw.

Review of Infringement Notice
47
Any person who is issued with an infringement notice and, thereby liable for an infringement
fee, may lodge a request that Council review the infringement notice.

Page 29 of 35

ROADING BYLAW SCHEDULES

Subject
Part Reference Schedule #
Revoked Bylaws
I
1
Skateboards or similar recreational devices
Part IV
2
prohibited
Vehicles for sale
Part VI
3
One Way Streets
Part IX
4
Speed Limits
Part IX
5
Variable Speed Limits
Part IX
6
Droving of Stock Prohibited
Part X
7

Page 30 of 35

FIRST SCHEDULE

Bylaws Revoked

Waitaki District Council Roading Bylaw 2005

Sections and Parts of Bylaws pertaining to matters covered in the Roading Bylaw, to be
revoked

Page 31 of 35

SECOND SCHEDULE
Skateboarding Control
No person shall use any skateboard, scooter, roller skate, in line skate, cart, trolley, toboggan or
similar recreational device in any area defined in the areas described and as is also shown on the map
below.

Oamaru North End Shopping Centre.
As per maps appended

Oamaru Central Commercial Business District and Historic Precinct
As per maps appended

Page 32 of 35

Page 33 of 35

Page 34 of 35

THIRD SCHEDULE
Displaying Vehicles for Sale Prohibited

State Highways

FOURTH SCHEDULE
One Way Streets

Harbour Street, Oamaru
Medway Street, Oamaru
Aln Street, Oamaru, Eastern (lower) section
Papakaio Road, Papakaio, between Cameron Road and Bypass Road

FIFTH SCHEDULE
Speed Limits

As per maps appended

SIXTH SCHEDULE
Temporary, Holiday and Variable Speed Limits

Nil

SEVENTH SCHEDULE
Droving of Stock Prohibited

All areas restricted to less than 100 km/hr including the Oamaru Urban Area.

Page 35 of 35