A bylaw is a rule or regulation made by a local authority which affects the public, which orders something to be done, or in some cases, to not be done.
Local councils are given the power to make bylaws by a number of statutes, for example, the Local Government Act, the Transport Act and the Health Act.
A territorial authority may make bylaws for its district, covering among other things, the following:
- protecting the public from nuisance
- protecting, promoting, and maintaining public health and safety
- minimising the potential for offensive behaviour in public places
- the management of public space.
Creating and changing bylaws
Before making a bylaw councils must, according to the Local Government Act 2002, first prove that a bylaw is the most appropriate way of addressing the issue. Determination would include, for example, whether the issue is already covered under existing legislation.If a bylaw is found to be the most appropriate way of addressing the perceived problem, Auckland City must, before making the bylaw, determine whether the proposed bylaw- is the most appropriate form of bylaw and;
- gives rise to any implications under the New Zealand Bill of Rights Act 1990.
Refer to section 79 of the Local Government Act 2002 for more information about decision making requirements.If the draft bylaw is approved, it will go out for public consultation. Auckland City must follow a special consultative procedure on any proposed changes to an existing bylaw or in the creation of a new bylaw.Review of bylaws
Local authorities are required to review its bylaws under section 158 of the Local Government Act 2002 as follows:- all bylaws that were made or had effect prior to the commencement of the Local Government Act 2002 on 1 July 2003 must be reviewed within five years of that date
- bylaws made under the provisions of the Local Government Act 2002 must be reviewed within five years after the date on which they were made.
Once a bylaw has been reviewed under section 158, the next review must be carried out within 10 years after the date of the last review of the bylaw under this section.Consultation
Auckland City must follow a special consultative procedure on any proposed changes to an existing bylaw or in the creation of a new bylaw. Exceptions are for minor changes that may be publicly notified by resolution, these are:- editorial changes or amendments of minor effect
- the conversion of imperial weights or measures specified in a bylaw into its metric or near metric equivalent
Refer to section 156 of the Local Government Act 2002Special consultative procedure
When public consultation is required by the Local Government Act or any other enactment, Auckland City must adopt a special consultative procedure as set out in section 83 of the Local Government Act 2002.The consultation procedure includesPreparing- a statement of proposal - which provides the reasons for the proposed bylaw and the analysis that has gone into its development
- a summary of the information contained in the statement of proposal
Providing access to the information- distributing the summary of information to affected parties
- making the the statement of proposal and the proposed bylaw available for inspection (eg at Auckland City service centres and libraries)
- giving public notice of the proposal and that consultation is being undertaken (including details of where to view the statement of proposal and the proposed bylaw)
Inviting submissions- the public notice must include details of the submission period - the submission period must be a period no less than one month from the date of the first public notice
- acknowledging receipt of all submissions in writing, including details of that person's opportunity to be heard
- giving submitters reasonable opportunity to be heard if they have indicated a desire to do so
- making all written submissions available for public inspection.
