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Bylaw 2008 Part 13: Traffic

The purpose of this part of the bylaw is to set the requirements for parking and control of vehicular or other traffic on any road in the district including state highways located within urban boundaries that are otherwise controlled by Transit New Zealand.

1. Authority

1.1 This part is made under:
a) Sections 591A and 684 of the Local Government Act 1974; and
b) Section 72 of the Transport Act 1962; and
c) Sections 145 and 146 of the Local Government Act 2002.

2. Purpose

2.1 The purpose of this part is to set the requirements for parking and control of vehicular or other traffic on any road in the district including state highways located within urban boundaries that are otherwise controlled by Transit New Zealand.

3. Interpretation

3.1 This part shall be in addition to the provisions of Part 1 Introductory and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

3.2 In this part, unless the context otherwise requires:

Enforcement officer means:
a) Any person who is an enforcement officer under the Local Government Act 2002; or
b) Any person who is an enforcement officer under the Land Transport Act 1998.

Loading zone means any portion of a road or other public place authorised as a place where vehicles may park to load and unload goods and passengers for a limited time as indicated.

Metered space means a space or section of a road in a metered zone marked out and defined by painted lines for the accommodation of a vehicle.

Metered zone means any road, or portion of a road, or any other piece of land or building owned or occupied by the Council, and determined by Council resolution to be used as a place where vehicles may park and at which parking meters or pay and display machines are established and maintained.

Mobility device has meaning assigned to that term in rule 1.6 of Part 1 of the Land Transport (Road User) Rule 2004.

Mobility parking permit means a permit issued by the CCS Disability Action or other licensed providers to persons with physical disabilities for the purpose of mobile parking.Return to top

Parking fee:
a) Means the fee payable for the parking of vehicles within metered zones for a permitted period; and
b) Includes payment by coins or by any other means approved by the Council.

Parking meter means an appliance designed and installed for the purpose of automatically measuring and indicating the time within which a vehicle may be parked at a metered space.

Parking offence means parking in an area of land or road owned or occupied by the Council or under its control in breach of any Act or regulation, or any part of this bylaw.

Parking place means a place(including a building) where vehicles or any class of vehicles may wait, as set out under section 591 of the Local Government Act 1974.

Parking warden means a person who holds the office of parking warden as set out in section 7 of the Transport Act 1962.

Pay and display machine means a device designed and installed for the purpose of issuing a slip indicating the date and time of payment of a fee, amount of fee paid and the time until which a vehicle may be parked within a metered zone controlled by that pay and display machine.

Permitted period means the time allocated for parking in a location by a parking meter or pay and display machine upon payment of the required parking fee. The permitted period may vary between different parking zones.

Public carpark means any off street area set aside by the Council to park vehicles and all buildings, equipment, signs, access ways, land, fences, chattels and structures used or connected in any way with the car park.

Road for this part has the meaning assigned to that term in section 315 of the Local Government Act 1974 and includes state highways that in some other aspects are controlled by Transit New Zealand.

Rules means rules made under the Land Transport Act 1998.

Transport station means a place where transport service vehicles, or any class of transport-service vehicles, may wait between trips and includes all necessary approaches and means of entrance to and egress from any buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances and other facilities as set out under section 591 of the Local Government Act 1974.Return to top

3.3 All approvals, permits, and other acts of authority (including any resolutions of the Council) which originated under the New Plymouth City Consolidated Bylaws 1958 Part IV Traffic and Amendments or the New Plymouth District Council Consolidated Bylaws 2000 Part 18 which are continuing at the commencement
of this part, and all applications, and other acts of parties and generally all documents, matters, acts, and things which so originated and are continuing at the commencement of this part, continue for the purposes of this part to have full force and effect.

3.4 For the purposes of this part, if this part uses any other term that is defined in the Transport Act 1962, the Land Transport Act 1998, the Local Government Act 1974, the Local Government Act 2002 or any rules or regulations made under any of those Acts, the definitions of those terms apply unless the context of this part
requires otherwise.

4. Application of other laws

4.1 Nothing in this part limits the application of any other Act or any rules or regulations made under that other Act, for example, and without limitation:
a) The Transport Act 1962.
b) The Land Transport Act 1998.
c) The Local Government Act 1974.
d) The Resource Management Act 1991.

5. Public notice of Council resolutions

5.1 Any resolution by the Council under this part (including any resolution revoking or amending such resolution) must be publicly notified at least 14 days before the resolution is made by the Council.

5.2 If an objection in writing made by any person adversely affected by a resolution, is received by the Council before that resolution takes effect, then the Council must consider that objection and may confirm, amend or revoke the resolution which is the subject of the objection, as the Council thinks fit.

5.3 Until the Council has considered the objection and made a decision on it, the resolution which is the subject of the objection does not take effect.

5.4 This clause does not apply to any resolution, which consolidates resolutions previously made under this part or has the same effect as a resolution made under a bylaw revoked by this part.Return to top

6. Lights adjacent to a road or intersection

6.1 No person shall erect or permit to be erected or maintained on any building any illuminated notices, coloured lights, signs, or signals fronting on, or adjacent to any road, intersection or any pedestrian
crossing, which may be confused with the lights displayed for traffic control signals, whether for vehicles or pedestrians or both.

7. One way roads

7.1 The Council may from time to time by resolution:
a) Prohibit the driving of vehicles on any road or portion of a road except in one direction as specified by the resolution.
b) Prohibit the turning of vehicles on any road or portion of a road, and impose any conditions in relation to that prohibition.

7.2 This clause is subject to the Council erecting the prescribed signs as required by the Transport Act 1962.

7.3 The Council may by resolution subsequently amend, vary, or revoke any resolution made under clause 7.1.

7.4 No person, being the driver of any vehicle, shall drive or turn that vehicle on any road or portion of that road contrary to any resolution or prohibition made under this clause.

8. Emergency fire services

8.1 Except as set out in clause 8.2, no person shall drive any vehicle:
a) Over any hose in use for the time being in connection with an outbreak of fire.
b) In such a manner as to hinder or obstruct a member of a fire brigade engaged in connection with any outbreak of fire.

8.2 No person commits an offence against clause 8.1 if that person:
a) Drives over a hose if hose bridges are provided; or
b) Is directed by a member of the police or any member of the fire brigade to do so.Return to top

9. Temporary restrictions on the use of roads

9.1 The Council may temporarily restrict the use of, or speed of, or class of vehicles which may use any part of a road where an authorised officer considers that there is, or is likely to arise at any place on that road under the jurisdiction of the Council, a temporary risk of:
a) Danger to the public or to road workers; or
b) Damage to the road.

9.2 Any restriction under clause 9.1 must be defined by the display of temporary warning signs in conformity with any rules.

9.3 Without limiting any rules, any vehicle being used for the purpose of maintenance or construction of roading, or a vehicle of any other utility, may, with permission of an authorised officer, be driven or parked in a manner contrary to any restriction in force under this part, provided it is parked or driven with due consideration of other road users.

10. Stopping, standing or parking of vehicles

10.1 The Council may from time to time by resolution permit, restrict or prohibit the stopping, standing or parking of vehicles of any type or class on any roads or portions of any roads, in any Council-controlled car parks or any other areas under the control of the Council:
a) Absolutely.
b) On certain days of the week.
c) For limited periods of time, between certain hours of any day or on any day of the week.
d) At an angle to the kerb line or otherwise.

10.2 This clause is subject to the Council erecting the prescribed signs as required by the Transport Act 1962.

10.3 The Council may by resolution subsequently amend, vary, or revoke any resolution made under clause 10.1.

11. Council parking wardens

11.1 The Council may appoint any parking wardens to be enforcement officers under this part.

12. Requirement for parking on roads, parking spaces and Council property

12.1 No person shall stop or park a vehicle on any road, public car park, reserve or any other public place in contravention of resolution passed under clause 10.1 and evidenced by appropriate signs or road marks.

12.2 No person shall stop, stand, or park a vehicle on any berm, flower bed or shrubbery, median strip or traffic island, unless at the instruction or with prior permission from an authorised officer.

12.3 No person shall place, stop, stand, park, leave or keep any bicycle:
a) On any metered space or parking place situated on any land other than a road; or
b) On any flower bed or shrubbery laid out on any road or on a median strip or traffic island; or
c) On any metered space situated on a road unless that bicycle is placed, stood, stopped, parked, left or kept
against, and parallel with the kerb of that road; or
d) In any place prohibited under clause 15 (loading zones).Return to top

12.4 Nothing in clause 12.3 prevents a person from stopping, standing, or parking a bicycle on a footpath if doing so does not unreasonably obstruct any other user of the footpath.

12.5 No person shall leave on a road for a period exceeding seven days, any vehicle:
a) Which has no effective motive power in or attached to it; or
b) Which is in such a state that it cannot be driven safely or is so disabled or damaged that it cannot be driven.

12.6 If clause 12.5 applies, an enforcement officer may seize and impound the vehicle in accordance with section 164 of the Local Government Act 2002 and sections 167 and 168 of that Act apply accordingly.

13. Transport stations

13.1 The Council may from time to time by resolution:
a) Appoint, set aside or reserve any portion of a road, or any area vested in it, as a transport station.
b) Prescribe fees to be paid for the application of licences for the use of transport stations, and from time to time revoke or alter such fees.
c) Impose conditions in respect of the use of transport stations.
d) Grant licences on such conditions as it considers fit for the use of such transport stations or any lots or part of them.
e) Add to, revoke, amend, or vary any such appointment, setting aside or reservation of any such conditions.
f) Cancel or suspend any such licence.

13.2 The Council may from time to time by resolution, with respect to the following transport stations, limit them or part of them to vehicles belonging to or used by particular persons, or to vehicles used for particular public purposes:
a) Transport stations that are set aside or reserved for the use of vehicles plying for hire; or
b) Transport stations that are otherwise available for hire for the carriage of passengers or goods; or
c) Transport stations that are for the use of any special kind of vehicles; or
d) Transport stations that are for the use of vehicles for any specified public purpose.

13.3 In passing a resolution under clause 13.2, the Council must state:
a) The number of vehicles which may use any transport station; and
b) Whether the transport station may be used by:
i) The vehicles of one licensee only; or
ii) The vehicles of more than one licensee, including the particular licensees and how many vehicles of each licensee may use the transport station.Return to top

13.4 Every application for a licence under this clause must be accompanied by the prescribed fee and be signed by:
a) The holder of the current transport service licence under the Land Transport Act 1998; or
b) In the case of a taxi by an approved taxi organisation under the Land Transport Act 1998.

13.5 Every licence, in accordance with its tenor, authorises the occupation of any stand, or stands, at the transport station for the time being appointed for vehicles of the class to which the vehicle described on such licence belongs.

13.6 Subject to clauses 13.9 to 13.11, every licence remains in force until the next 31st day of March following the date of issue and no longer.

13.7 No person other than the holder of a licence issued under this clause, or his or her authorised agents, may stop or wait on, or use any transport station or any portion of a transport station.

13.8 The owner or driver of any vehicle that, without being authorised by this clause to do so, stops or waits on or uses any transport station, must on demand by any authorised officer, remove that vehicle from the transport station.

13.9 If either of the following circumstances applies, an authorised officer may give notice in writing to a holder of a licence requiring that holder to appear before Council at a time and place to be fixed in the notice, to show cause why the licence should not be cancelled or suspended. The circumstances are:
a) At any time the holder of a licence issued under this clause is convicted of any offence, whether for a breach of part or otherwise; or
b) The holder is, in the opinion of an authorised officer, considered unfit to hold the licence.

13.10 The Council may, at such a time and place after hearing the licence holder or his or her representative, or in default of his or her appearance, cancel the licence or suspend the licence for such time as it considers necessary.

13.11 No person is required to appear less than seven days after the service of the notice under clause 13.9.Return to top

14. Metered zones, parking meters and pay and display machines

14.1 The Council may from time to time by resolution:
a) Declare any road or part of a road to be a metered zone.
b) Declare any piece of land owned or occupied by the Council and not being a road or part of a road to be a
metered zone.
c) Declare the maximum time allowed to be parked in a metered zone.
d) Fix the fees payable for the parking of vehicles within the metered zone.
e) Exempt a specified class of vehicle from fees payable in the metered zone.
f) Declare the times during which specified vehicles may be exempt from paying fees in a metered zone.

14.2 The Council may by resolution subsequently amend, vary, or revoke any resolution made under clause 14.1.

14.3 In accordance with the provisions of any such resolution, the Council must establish and mark out metered spaces in all metered zones.

14.4 Parking meters or pay and display machines must be located within the metered zone to which they relate. Any pay and display machine must issue a slip on insertion of the prescribed fee in accordance with the instructions on the machine.

14.5 White lines painted on the road indicate the extremities of metered spaces and signs indicate the extremities of pay and display zones.Return to top

15. Loading zones

15.1 The Council may from time to time by resolution, define any part or parts of any road or other public place as loading zones.

15.2 The resolution must specify whether or not the restriction applies at all times or for loading or unloading at specific times in which case, the times must be specified.

15.3 The Council may by resolution subsequently amend, vary, or revoke any resolution made under clause 15.1.

15.4 No person being the driver or person in charge of any goods delivery vehicle may drive such a vehicle in any road or part of a road in contravention of any prohibition or restriction imposed by a resolution under this clause.

16. Hours applicable to parking meters or pay and display machines

16.1 The Council must by resolution prescribe the hours during which the payment of a parking fee is required.

16.2 The hours prescribed by resolution must be indicated by signs or other clear labelling.Return to top

17. Payment of parking fee in metered areas

17.1 For the purpose of this clause a vehicle is “parked” only when it has been stopped or standing in the parking place for a period exceeding five minutes.

17.2 No driver or person in charge of a vehicle may park in a metered space without paying the parking fee and either:
a) Activating the parking meter; or
b) Following the instruction on the pay and display machine; or
c) Displaying a valid exemption card or permit.

17.3 A driver or person in charge of a vehicle may park in a metered space, provided that the permitted period for parking is not exceeded.

17.4 No person may park a vehicle in a metered space so that any part of that vehicle extends beyond any line defining that metered space unless by reason of its size the vehicle may extend onto an adjoining and unoccupied metered space. In such event the driver is liable to pay a parking fee for each space so occupied.

17.5 Where more than one motorcycle occupies a metered space it is not necessary for the payment of more than one parking fee. No such motorcycle may remain parked in the metered space after the permitted period for parking has expired and each motorcycle so parked is in breach of this part.

17.6 Where a vehicle is parked on a metered space controlled by a pay and display machine, a valid slip issued by the pay and display machine must be placed 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.

17.7 The Council must by markings or signs placed in a conspicuous position on a road or other area controlled by it, indicate where the stopping or parking of a vehicle (other than that displaying a mobility parking permit with the expiry date clearly visible) is prohibited or restricted.Return to top

18. Parking of vehicles by disabled persons

18.1 The Council may by resolution reserve any particular parking place either generally or at specified times for the exclusive use of disabled persons who have on display in their vehicles a current mobility parking permit with the expiry date clearly visible.

18.2 The Council may by resolution subsequently amend, vary, or revoke any resolution made under clause 18.1.

18.3 The concessions and restrictions applying to the use of a mobility parking permit set out in the permit document shall be complied with. These conditions may be amended by Council resolution from time to time.

19. Temporary discontinuance of a parking place

19.1 Where an authorised officer is of the opinion that any metered space should be temporarily discontinued as a parking location, the authorised officer may place or allow to be placed, a meter hood over each parking meter affected or erect a sign indicating “No Stopping” at the metered space.

19.2 It is unlawful for any person to park a vehicle at a metered space while the meter hood is in place or a "No Stopping" sign is erected, other than as permitted under clause 19.3.

19.3 An authorised officer of the Council may permit the use of any temporarily discontinued metered space to be reserved for the parking of vehicles in conjunction with any adjacent building construction, contracting or other such activity.

19.4 Payment for the use of any metered space that is temporarily discontinued or reserved as described in clause 19.3 must be charged in intervals of one half day, or as determined by the Council from time to time by resolution.Return to top

20. Coins of New Zealand currency only

20.1 No person may deposit in any parking meter or pay and display machine any coins of a currency other than New Zealand currency, or deposit any other objects into a parking meter or pay and display machines.

21. Interference with parking meters or pay and display machines

21.1 No person may:
a) Misuse any parking meter or pay and display machine; or
b) Interfere, tamper, or attempt to tamper with the working or operation of any parking meter or pay and display machine; or
c) Without due authority, affix or attempt to affix any placard, advertisement, notice list, document board or thing, or paint, write upon or disfigure, any parking meter or pay and display machine.

22. Vehicle removal

22.1 An enforcement officer or parking warden may direct that a vehicle or bicycle parked in a parking place, transport station, road or other land belonging to the Council or under its control, in a way that breaches this bylaw, be sent to any nearby lawful place for vehicle or bicycle parking, or to a Council vehicle pound, or to a
yard in the district occupied by a company engaged to remove the vehicle or bicycle.

22.2 The vehicle or bicycle may be detained at that place by the Council or the company, until the reasonable costs of removal and subsequent storage are paid by the person requesting possession of the vehicle or bicycle.

22.3 The powers that may be exercised under this clause are in addition to those provided by the Transport Act 1962 and section 356 or section 356A of the Local Government Act 1974.Return to top

23. Parking defences

23.1 It is a defence to any person who is the driver or is in charge of a vehicle and who is charged under this part with a breach relating to a parking meter, metered zone, or other temporarily defined time restricted parking place if the person proves that the alleged act was carried out:
a) Because of a traffic emergency; or
b) In compliance with the directions of a member or the police, authorised officer; or a parking warden; or
c) In conjunction with public works and the vehicle was being used with due consideration for the safety of and
convenience of other road users; or
d) By the Ambulance Service, New Zealand Fire Service, the New Zealand Police or Ministry of Transport in the urgent carrying out of their respective duties; or
e) Pursuant to the terms of an authorisation granted in writing by an authorised officer.

24. Footpaths

24.1 Subject to clauses 24.2, 24.3 and 24.4, no person shall park or drive any vehicle on any footpath or any part thereof.

24.2 A vehicle may be driven over a footpath by means of a vehicle crossing constructed on the road for the purpose of gaining vehicular access to or from any property on that road.

24.3 No person may stop a vehicle so that any part of the vehicle or its load remains upon or over a footpath or any part of the footpath other than when gaining access to a property.

24.4 No person may unload a vehicle in such a manner as to cause, or be likely to cause damage to the footpath or any part of it. Return to top

24.5 Nothing in this clause prohibits:
a) The use of mobility scooters; or
b) The use of skateboards which are controlled by Part 8 of the New Plymouth District Council Bylaw 2008; or
c) The use of bicycles, tricycles, unicycles, or similar nonmotorised devices on the New Plymouth Coastal
Walkway; or
d) The use of bicycles, tricycles, or unicycles on any access way set aside for the purposes of cycling; or
e) The use of bicycles for the purpose of delivering newspapers, mail or printed material to letterboxes.

25. Traffic management for activities altering traffic movement

25.1 Any person responsible for organising any event, evacuation, occupation or other activity on or near any road that will alter the normal flow of vehicle or pedestrian traffic must comply with Transit New Zealand’s Code of Practice for Temporary Traffic Management or its supplementary document, Temporary Traffic Management for Local Roads, and any subsequent revisions or additional supplements.

25.2 An authorised officer may instruct any person committing a breach of clause 25.1 to:
a) Stop the activity until the authorised officer deems that the activity complies with clause 25.1; and
b) Where appropriate, pay any of the Council’s cost associated with ensuring compliance with clause 25.1.
Note: Any person undertaking the activities covered in clause 25.1 may also be required to comply with other legislation. Any person undertaking these activities should seek advice from an authorised officer as to
relevant legal requirements.Return to top

26. Prohibited times on roads

26.1 The Council may by resolution specify any road or part of a road and the days and times during which motor vehicles weighing less than 3,500 kilograms are prohibited from being used on that road or part of that road or roads.

26.2 Before the Council makes a resolution under clause 26.1, the Council must consider:
a) The reasons why it is necessary to pass the proposed prohibition; and
b) The types and locations of roads the proposed prohibition will apply to (e.g. local roads, arterial roads; urban areas, residential areas, or industrial areas); and
c) The length of, and days on which, the proposed prohibition will apply (e.g. it is not envisaged that a prohibition will apply 24 hours per day, seven days per week); and
d) Whether the Police support the proposed prohibition; and
e) Any other information the Council considers relevant.

26.3 The Council may by resolution subsequently amend or revoke any resolution made under clause 26.1.

26.4 Subject to the Council installing the signage referred to in clause 26.5, no person may use a motor vehicle weighing less than 3,500 kilograms on any part of a road described in a resolution made under clause 26.1 during the times and on the days specified in the resolution, unless:
a) The vehicle is conveying the owner or occupier of any land having a frontage to the road described in a resolution made under clause 26.1 or the owner or the occupier's bona fide visitors; or
b) The vehicle is an emergency vehicle being used in the execution of duty; or
c) The vehicle is a trade or service vehicle for the provision or maintenance of a utility on the road or on the land having a frontage to the road being used for genuine business purposes; or
d) The vehicle is operated by the Council and being used for genuine business purposes; or
e) The vehicle is operated by a security service and being used for genuine business purposes.

26.5 Every person who breaches clause 26.4 commits an offence and is liable on summary conviction to a fine not exceeding $20,000 as set out in the Local Government 2002.

APPENDIX 1

This appendix is for information purposes only. This appendix does not form part of the New Plymouth District Council Bylaw 2008.

Clause 26: Prohibited times on roads.

The Council resolved under clause 26.1 on 15 December 2009 that the prohibition in clause 26 applies to the following specified streets, on Monday to Sunday during the times of 7pm to 7am:

De Havilland Drive
Dakota Place
Auster Place
Corbett Road
Mustang Drive
Connett Road Central
Hudson Road
Connett Road East

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