Roading LGOIMA Request Glenn Collis Parking Meters.pdf

REF: LGOIMA
DMS # 972765
31 May 2013

Glenn Collis

Email: [FYI request #869 email]

Dear Sir

LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT (LGOIMA)
REQUEST – PARKING METERS

I refer to your official information request dated 13 May 2013.

With regard to the land title of all public roads within the Central Business District and the
documentation that gives the Palmerston North City Council the rights to charge for parking on a
public road or to issue infringements, I advise as follows.

1.  I require a copy of land title for all public roads within the Central Business District
of Palmerston North where there are paid parking meters.

The roads in the Central Business District do not have land titles; in fact no legal
road has a land title.

Legal roads are created in many ways such as Crown Grants, an Order in Council,
Vesting on Deposit of Land Transfer plans or by way of a Gazette Notice. There
are many different Acts that are or can be used to create legal roads but none will
give a legal road a land title.  Local Council’s own and administer all roads in its
district (except State Highways which are the responsibility of the Crown) and are
responsible for paper roads as well.

2.  I also require all documentation that gives the Palmerston North City Council
the right to charge for parking on a public road within the CBD or to issue
infringement notices (Bill of Exchange) to a Sovereign citizen under the
Constitution Act 1986.

The Land Transport Act 1998 provides the legal framework that enables
enforcement of all parking controls by Parking Wardens appointed by a Local
Authority. Section 22AB(1)(m) Land Transport Act 1998 allows bylaws prohibiting
or restricting parking on any road.

22AB Road controlling authorities may make certain bylaws
•  (1) A road controlling authority may make any bylaw that it thinks fit for 1 or
more of the following purposes:

•  Parking
•  (m) prohibiting or restricting, subject to the erection of the prescribed
signs, the stopping, standing, or parking of vehicles on any road;
DMS# -972765 LGOIMA Request – G Collis – Parking Meters

limiting the stopping, standing, or parking of vehicles on any road to
vehicles of any specified class or description; limiting the period of time
that vehicles may park on any part of the road where parking is limited
to such vehicles; and providing that a vehicle used for the time being for
any specified purpose must be treated for the purposes of the bylaw to
be of a specified class or description, whether or not the vehicle belongs
to any other class or description for any other purpose:

Palmerston North City Council’s Traffic and Parking By Law 2011 subsequent to this gives
the power under Part 2 Section 6 to 14 inclusive to both charge for and enforce the
requirements associated with parking in the CBD.

PART 2
PARKING
6. RESTRICTED PARKING
6.1. The Council may identify and delineate using signs and markings any road, or part of any
road, or any other Council controlled place, as a restricted parking area.
6.2. Use of a restricted parking area may be governed by such conditions, restrictions or
controls governing the use, stopping, standing, and parking of vehicles as the Council
determines, including:
(a) the time period or time when parking restrictions have effect;
(b) the number and situation of parking spaces;
(c) the maximum time allowed for parking in any restricted parking space;
(d) whether a parking space is designated for a specified class of vehicle (for example, taxi
stand) or class of road user (for example, mobility parking) or for a designated activity (for
example, a loading zone);
(e) whether or not the restricted parking space is a charged parking space;
(f) whether the restricted parking area is a residents’ parking area;
(g) whether parking is prohibited in that restricted parking space.
6.3. The Council may impose standing or stopping restrictions on any road or any part of any
road or any Council controlled place whether by way of a time restriction, a restriction to a
specified class, classes or description of vehicle (for example, bus parking), a total prohibition
or any combination of these qualities.
6.4. All restricted parking, including charged parking areas, residents’ parking areas and
where applicable any restrictions, conditions, or controls, must be identified and delineated by
road markings and signs as specified in the Land Transport Rule: Traffic Control Devices 2004
and in accordance with any mandatory requirements of that Rule and otherwise with such
qualities (including wording, height, and visibility), spacing and locations as the Council
considers appropriate.

7. STOPPING, STANDING AND PARKING RULES
7.1. No person may use, stop, stand, or park a vehicle on any road, or any Council controlled
place in contravention of a restriction, control or condition that applies to a restricted parking
area.

7.2. Any person parking a vehicle in a parking space must occupy only one parking space and
comply with all controls, conditions, and restrictions that apply to that space unless it is
DMS# -972765 LGOIMA Request – G Collis – Parking Meters

necessary for a vehicle to extend onto an adjoining and unoccupied parking space by reason of
the size of the vehicle. Any applicable parking fee is paid for each charged parking space
occupied or partially occupied by the vehicle.

7.3. Except with the prior written permission of the Council, no person shall park a vehicle on a
road or Council controlled place for any period exceeding seven days, if that vehicle cannot be
moved on at the request of the Council.

7.4. No person may park or place any machinery, equipment, materials, waste disposal bins or
freight containers on any road or public place except with the permission of the Council and in
accordance with any conditions that may be required. This clause does not apply to containers
that are used solely for the purpose of domestic refuse or recycling as authorised by the
Council and placed off the roadway, provided that such containers are not left on any road or
public place for a period exceeding 48 hours.

7.5. No person may park any vehicle in a parking space which is already occupied by another
vehicle. However more than one motorcycle (but no other vehicle) may occupy any parking
space at the same time, (and such motorcycles must park at right angles to the kerb in the
parking space).

7.6. No person may repair, alter or add to a vehicle while the vehicle is on the road, unless
necessary to enable the vehicle to be removed from the road.

7.7. No person may stop, stand or park a vehicle on a berm or grass verge or any cultivated
land adjacent to, or forming part of, a road in an urban traffic area.

7.8. No person may park a vehicle on or overhanging any footpath.

8. CHARGED PARKING AREAS AND PARKING MACHINES
8.1. The Council may from time to time in accordance with the Local Government Act 2002
prescribe parking fees. The parking fees are only payable through parking machines and are
for periods of parking in charged parking areas not exceeding any specified maximum.
Approved methods of payment are specified on the parking machine governing the charged
parking area.

8.2. At least one parking machine must be located within a charged parking area. Any parking
machine must issue a parking receipt or clearly display the amount of parking time purchased.

9. PARKING FEE TO BE PAID
9.1. No person may park in a charged parking space unless:
(a) A parking machine controlling the charged parking space is operational; and
(b) A parking fee is paid using a parking machine controlling the charged parking space and
the parking machine is correctly activated; and
(c) The period of parking authorised by a parking machine controlling the charged parking
space has not expired; and
(d) The requirements of clause 9.2 are met.

DMS# -972765 LGOIMA Request – G Collis – Parking Meters

9.2. Where a vehicle is parked on a charged parking space controlled by a parking machine,
either:
(a) A valid parking receipt issued by the parking machine must be prominently displayed on the
dashboard at the front of the vehicle, in a manner which will allow the expiry time to be seen by
an authorised officer from outside the vehicle, or
(b) A parking machine must display the remaining time purchased for the vehicle.

9.3. Where more than one motorcycle occupies a charged parking space only one parking fee
paid in accordance with this Bylaw is required.

10. DISCONTINUED PARKING SPACE
10.1. Where an authorised officer of the Council is of the opinion that any parking space should
be temporarily discontinued as a parking space, the authorised officer may display a sign
indicating “No Stopping” or a permit showing reserved parking at the affected parking space
or spaces.

10.2. No person may park a vehicle in a parking space when a sign, meter hood, or permit
identifies it as a discontinued parking space.

11. INTERFERENCE WITH PARKING MACHINES
11.1. No person may interfere, tamper, or attempt to tamper with any parking machine. No
person may, without Council authority, affix or attempt to affix anything, or paint, write upon
or disfigure any parking machine.

12. ONLY NEW ZEALAND CURRENCY TO BE USED
12.1. A person paying at a parking machine must use only New Zealand currency.

13. MOBILITY PARKING
13.1. A mobility parking permit must be prominently displayed at the front of any vehicle
parked in a mobility parking space in a manner which will allow the permit to be seen by an
authorised officer from outside the vehicle. No person may display a mobility parking permit on
a vehicle if the vehicle is not being used by the permit holder.

14. RESIDENTS’ PARKING
14.1. No person shall park in a residents’ exemption area contrary to a time restriction of that
area except for eligible residents, subject to the display of a residents’ parking permit.

14.2. No person may park a motor vehicle in a residents’ only area except for:
(a) Eligible residents displaying a valid residents’ parking permit;
(b) Vehicles operated by the Council or for the Council if necessary for the provision of, or
maintenance of, facilities within the road reserve;
(c) Vehicles operated by network utility operators if necessary for the provision of, or
maintenance of, a network utility operation;
(d) Vehicles driven by authorised officers (for example, dog control officers, building
inspectors) attending the property of an eligible resident;
(e) Vehicles used to pick up or deliver goods to, or in connection with maintenance of, the
property of an eligible resident.
DMS# -972765 LGOIMA Request – G Collis – Parking Meters

14.3. Where a residents’ parking permit is required to be displayed for parking in a residents’
exemption area or a residents’ only area:
(a) The permit must be prominently displayed so as to be legible through the windscreen of the
parked motor vehicle.
(b) The permit must identify the motor vehicle to which it relates and the parked vehicle must be
the same as the vehicle identified on the permit.
(c) The motor vehicle is in the residents’ parking area referred to in the permit and is valid only
during the time period specified on the permit.
(d) The permit must be returned to the Council immediately after the resident ceases to be an
eligible resident.

The Parking Wardens who undertake this activity are appointed under Clause 128D of the
Land Transport Act 1998.

128DAppointment of parking wardens
•  (1) A local authority may appoint a person to hold the office of parking
warden.
(2) A person who holds the office of parking warden at the commencement of
this section is to be treated as having been appointed under subsection (1).
(3) A parking warden may perform the functions and duties, and exercise the
powers, of a parking warden that are conferred or imposed by or under this or
any other Act only on a road within the district or region of the local authority
that appointed the parking warden.
(4) A local authority that appoints a person under subsection (1) is liable for
the actions of that person as a parking warden in all respects as if—
•  (a) that person were an officer or employee of the local authority
(whether or not that is the case); and
•  (b) any directions given or control exercised by any other person over
the parking warden in that capacity were directions given or control
exercised by the local authority.
Once appointed under the above authority Parking Wardens can then undertake their
duties as prescribed by Clause 128E Land Transport Act 1998
128EPowers of parking wardens
•  (1) A parking warden in uniform or in possession of a warrant or other
evidence of authority as a parking warden—
•  (a) may enforce the provisions of any stationary vehicle offence or
special vehicle lane offence:
•  (b) may, in relation to enforcing the provisions of any stationary vehicle
offence or special vehicle lane offence, direct any person on any road,
and apparently in charge of or in any vehicle…..

DMS# -972765 LGOIMA Request – G Collis – Parking Meters

These Parking Wardens so appointed then have the powers to enforce parking
offences as dictated by the Land Transport (Offences and Penalties) Regulations
1999 and the dollar value of such offences is set down in Schedule 1B of this
Regulation.
SCHEDULE 1B
Part 1
Offences parking wardens may enforce
Infringement offence
Infringement fee
1  Any parking offence involving parking on a road in breach of
a local authority bylaw, in excess of a period fixed by a meter
or otherwise, where the excess time is—

not more than 30 minutes
$12 or such lesser amount as
is fixed by the local authority

more than 30 minutes but not more than 1 hour
$15 or such lesser amount as
is fixed by the local authority

more than 1 hour but not more than 2 hours
$21 or such lesser amount as
is fixed by the local authority

more than 2 hours but not more than 4 hours
$30 or such lesser amount as
is fixed by the local authority

more than 4 hours but not more than 6 hours
$42 or such lesser amount as
is fixed by the local authority

more than 6 hours
$57 or such lesser amount as
is fixed by the local authority
2  Parking on or within 6 metres of an intersection

$60
3  Parking on or near a pedestrian crossing

$60
4  Parking on broken yellow lines

$60
5  Double parking

$60
6  Inconsiderate parking

$60
7  Parking on a clearway

$60
8  Parking on a bus-only lane

$60
9  All other parking offences

$40
Towage fee: If expenses are incurred by an enforcement authority in respect of the movement or
proposed  movement  under  section  113(2)(c)  or  128E  of  the  Act  of  the  vehicle  involved  in  the
offence  (whether  or  not  the  vehicle  is  in  fact  moved),  the  infringement  fee  is  the  total  of  the
amount specified above in respect of the offence and the amount of the appropriate towage fee
(including any goods and services tax payable in respect of the towage fee).

In responding to your request, we have been unable to ascertain the relevance of your
reference to the Constitution Act 1986 as it relates to the provision and enforcement of on-
street parking in the City.

DMS# -972765 LGOIMA Request – G Collis – Parking Meters

All documents and other information in relation to your request have been included in this
response and no material has been withheld.

Please contact the author of this response if you require any further clarification.

Yours sincerely

Graeme Tong
ROADING MANAGER

DMS# -972765 LGOIMA Request – G Collis – Parking Meters