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Bylaw 2008 Part 5: Public Places

The purpose of this part of the bylaw is to ensure that acceptable standards of convenience, safety, visual amenity, and civic values are maintained in public places for the well-being and enjoyment of citizens, businesses and visitors within the district now and in the future.

1. Authority

1.1 This part is made under:
a) Sections 145 and 146 of the Local Government Act 2002; and
b) Section 64(1)(a) of the Health Act 1956; and
c) Sections, 684 of the Local Government Act 1974.

2. Purpose

2.1 The purpose of this part is to ensure that acceptable standards of convenience, safety, visual amenity, and civic values are maintained in public places for the well-being and enjoyment of citizens, businesses and visitors within the district now and in the future.

2.2 Provisions relating to licensing of traders in public places including; hawkers, mobile shops, and street stalls can be found in Part 11 Trading in Public Places (Licensing of Street Traders) New Plymouth District Council Bylaw 2008.

2.3 Provisions relating to signs in public places may be found in Part 7 Signs New Plymouth District Council Bylaw 2008.

3. Exclusions

3.1 This part does not apply to:
a) Any person engaged in the rescue or attempted rescue of any person whose life or safety is in danger
or apparent danger; or
b) Any Council employee, contractor or agent acting in conjunction with his or her employment.

4. Application of other laws and resource consents

4.1 Nothing in this part limits the application of any other law (for example, and without limitation, the Trespass Act 1980 or the Summary Offences Act 1981) or resource consent.

5. Interpretation

5.1 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.

5.2 This part shall be in addition to the provisions of Part 6 Recreation and Cultural Facilities New Plymouth District Council Bylaw 2008, because recreation and cultural facilities are by definition public places.

5.3 In this part unless the context otherwise requires:
Berm means any grassed area on a road separated from the carriageway by channelling and kerbing.

Boat means a vessel or craft intended to be used in water and to carry people, including, but not limited to, a row boat, raft, yacht, hovercraft or jet ski, but does not include a ship.

Busker means any person who plays, acts, sings, or otherwise performs or entertains in a public place and who
may solicit or invite or accept any donation, contribution or monetary reward.

Council property means any works or properties that are vested in, or under the control of, the Council.

Encroachment Licence is a licence issued for private use of Council land or airspace where structures are permitted.

Event includes an organised meeting or gathering, demonstration, parade, procession or competition.

Fence:
a) Means a fence, whether or not continuous or extending along the whole boundary separating the
lands of adjoining occupiers; and
b) Includes:
i) All gates, culverts, and channels that are part of or are incidental to a fence; and
ii) Any natural or artificial watercourse or live fence, or any ditch or channel or raised ground that serves as a dividing fence.

Grass verge means any grassed area immediately adjoining the carriageway but does not include any grassed area on a road separated from the carriageway by channelling and kerbing.

Licence to Occupy means a licence issued for access to and/or private use of vacant Council land, where no structures are permitted. It includes all forms of access provided.

Material or thing means any material of whatever kind and includes jumbo bins and other containers for waste materials, but excludes vehicles.Return to top

Mobility device means:
a) A vehicle that:
i) Is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
ii) Is powered solely by a motor that has a maximum power output not exceeding one 500 W; or
b) A vehicle that the Director of Land Transport has declared under section 168A(1) of the Land Transport
Act 1988 to be a mobility device.

Organised meeting or gathering means a meeting or gathering of persons attended by members or employees of any government department, union, club, company, firm, incorporated body, religious organisation, or other body or person.

Projection includes windows, banners, gates, balconies, walls, lamps, doorsteps, cellar doors, signboard, window shutter, gatepost, walls.

Vehicle Crossing means the vehicular entrance formed to provide access to any premises from the carriageway of a public street or road fronting those premises, and includes any crossing constructed over a footpath, kerb, berm, water channel, or drain.

Veranda includes any awning, porch, portico, shed, shade, or covering upon, across, or over any public footway or part of a road, private road, or accessway for the purpose of shade or shelter, together with any supports, other than the support provided by the building.

6. Obstructions and structures in public places

6.1 Clauses 7 to 11:
a) Classify obstructions and structures in public places into three categories, being permitted activities, restricted activities and encroachment licences.
b) Regulate the following matters:
i) Display of goods on footpaths.
ii) General obstructions in public places.
iii) Vehicle crossings and temporary crossings.
iv) Encroachments on public places.

6.2 The purpose of these clauses is to:
a) Avoid activities or structures in public places that obstruct the passage of pedestrians and vehicles.
b) Ensure that public places are safe.
c) Avoid inappropriate private use of public places.

7. Permitted activities – obstructions and structures in public places

7.1 Any person may display goods on a footpath in a commercial or industrial area subject to the following conditions:
a) That the display does not encroach onto the footpath more than 600mm of the unobstructed footpath, and
the display allows a minimum of two metres unobstructed pedestrian passage; and
b) Persons displaying goods are responsible for the safety of the public; and
c) Any display must be removed at the completion of the day’s trading.Return to top

8. Restricted activities – general obstructions in public places

8.1 No person shall on, above, or over a public place:
a) Place or erect or construct any building; or
b) Place, leave, erect, construct, maintain, or permit to be placed, left, erected or maintained any material or
thing, whether mobile or immobile; or in a position or in such a way that the Council considers is likely to:
i) Impede or cause an undue obstruction to pedestrian or vehicular traffic; or
ii) Constitute a danger to people or property; or
iii) Obstruct access to adjoining properties.

8.2 The restriction in clause 8.1 does not apply if:
a) An authorised officer has given prior written permission to any of those activities in that clause; or
b) The action is taken for the purpose of regular refuse or other collections authorised by the Council; or
c) The action is otherwise authorised by law; or
d) The action is permitted by a rule in the district plan or by resource consent.

8.3 Subject to clause 8.5, an enforcement officer may remove or alter, any material or thing, that:
a) Is erected in breach of this part; or
b) Presents a hazard or danger (including the blocking of traffic visibility) to the public.

8.4 The Council may recover the costs of such removal or alteration, in accordance with section 163 of the Local Government Act 2002.

8.5 Before removing or altering any building, material or thing:
a) An enforcement officer must have given notice in writing addressed to the owner of the material or thing
requiring that owner to repair or secure or to otherwise put in order or remove that material or thing within the
period that is stated in the notice; and
b) The owner of the material or thing must have failed to comply with the notice.

8.6 If the material or thing presents an immediate hazard or danger to the public, the period stated in the notice referred to in clause 8.5(a) may be one hour.

8.7 If a material or thing is removed under clause 8.3, and approval was granted for that material or thing under clause 8.1, the approval is deemed to be automatically revoked.

9. Restricted activities – vehicles in public places

9.1 No person may:
a) Take, ride, or drive a vehicle in a public place except:
i) On any part of a public place set aside for vehicular traffic (e.g. a road); or
ii) With the approval of an authorised officer.
b) Park a vehicle in a public place except:
i) In a place set aside for the parking of vehicles; or
ii) With the approval of an authorised officer.
c) Without the approval of an authorised officer use or cause to be used any roadside, berm, grass verge, or
any other public place for the purpose of repairing, maintaining, or making alterations to any vehicle
except in the case of an emergency.
d) Build, rebuild, repair, panel beat or paint any vehicle in a public place except with the approval of an
authorised officer in an emergency situation.

9.2 Subject to sections 164 to 168 of the Local Government Act 2002 and to the notice and removal provisions in part 1 Introductory Bylaw, any vehicle in breach of this part may be removed and impounded by any enforcement officer.

9.3 Nothing in clause 9.1 prohibits:
a) The use of bicycles, tricycles, unicycles, or similar non-motorised devices on the New Plymouth Coastal
Walkway; or
b) The use of skateboards which are controlled by Part 8 Skateboards; or
c) The use of bicycles, tricycles, unicycles or similar non motorised devices on any access way set aside for
the purposes of cycling; or
d) The use of mobility devices.

9.4 This clause is subject to Part 13 Traffic New Plymouth District Council Bylaw 2008.

10. Restricted activities – vehicle crossings

10.1 No person may construct, remove, repair, or widen any vehicle crossing unless that person has obtained the prior approval of an authorised officer.

10.2 In applying to the Council for approval under clause 10.1 the application must specify whether the applicant:
a) Will pay the Council to construct the vehicle crossing; or
b) Will use a “Council approved contractor” for the construction or upgrading of the vehicle crossing
which will be paid for directly by the applicant.

10.3 The approval of the authorised officer under clause 10.1 may be subject to such terms and conditions as the authorised officer thinks fit.

10.4 Where a vehicle crossing is in a bad or unsafe state of repair, or there has been a significant deterioration or change in vehicle crossing use:
a) The Council may by written notice to the owner require the owner of the land to which the vehicle crossing
provides access, to upgrade or renew the vehicle crossing; and
b) It is the responsibility of that owner to carry out the works required by that notice and meet the costs of
carrying out those works.Return to top

10.5 Any works carried out under clause 10.1 must comply with the Council's Codes of Practice.

10.6 If a person requires temporary vehicle access to land (for example for access to a construction site), that person may construct a temporary vehicle crossing if:
a) He or she has obtained the prior approval of an authorised officer; and
b) He or she has paid the relevant fee prescribed by the Council in its schedule of fees and charges.

10.7 The approval of the Council under clause 10.6 may be subject to such terms and conditions as the authorised officer thinks fit.

11. Encroachments and Licences to Occupy

11.1 This clause relates to the occupation of public places by private individuals or businesses.

11.2 No person may occupy a road, reserve, park, or airspace above a road, reserve or park for any purpose unless that person has:
a) Obtained an encroachment licence, airspace or subsoil lease or licence to occupy from the Council; and
b) Paid the relevant fee.

11.3 No person being the holder of an encroachment licence, airspace or sub-soil lease, or licence to occupy shall extend beyond the area permitted by that licence or lease or block or restrict access to adjoining public places.

11.4 Where the Council considers exceptional circumstances apply to an encroachment, the Council may waive part of the fee.

11.5 A licence to occupy, an airspace or subsoil lease, or an encroachment licence:
a) Is subject to such terms and conditions as the Council determines in accordance with any relevant policies
and any other terms and conditions that the Council thinks fit; and
b) In the case of an encroachment licence, expires if the person who applied for the encroachment licence sells
the land referred to in clause 11.1; and
c) May be reviewed by the Council at any time.

11.6 An encroachment licence, airspace or sub soil lease or licence to occupy shall not be transferred, sub licensed or assigned. Where land that is covered by an encroachment licence or licence to occupy is sold or leased to a third party then the third party must apply to the Council for a new licence as may be the case.

11.7 Nothing in clauses 11.2 to 11.6 applies to:
a) Any person holding a licence granted under Part 12 Trading in Public Places; or
b) Any valid easement agreement; or
c) Verandahs that are required by the District Plan and which are specifically designed and used to provide
cover for pedestrians; or
d) Stock underpasses; or
e) Airspace or subsoil used by the Council.

12. Safety hazards in public places

12.1 Clauses 12 to 15 cover safety hazards in public places and classify safety hazards in public places into three categories being general safety hazards, restricted activities, and prohibited activities.

12.2 The purpose of these clauses is to protect the public from injury and harm in public places.Return to top

13. General safety hazards in public places – responsibilities of adjoining owner and occupiers

13.1 All persons shall ensure that any door or gate abutting any public place is closed securely for the purposes of public safety.

13.2 Every owner or occupier of land that abuts a public place must ensure that vegetation or trees growing on that land do not cause a safety hazard or obstruct passage to and from the public place.

13.3 If any tree or vegetation is, in the opinion of an authorised officer, hazardous or is obstructing public passage, the authorised officer may by written notice to the owner or occupier require the owner or occupier to cut back the tree or vegetation within a certain time frame.

13.4 It is the responsibility of that owner or occupier to carry out the works required by that notice under clause 13.3 and meet the costs of carrying out those works. If the owner or occupier fails to comply with the request, the Council may carry out such works and recover the cost of doing so from the owner or occupier.

13.5 In order to ensure that a berm or grass verge in any urban area is safe for pedestrians and does not obstruct or cause a safety hazard to vehicles, it is the responsibility of the owner or occupier of land adjacent to the berm in an urban area to mow that berm or grass verge unless it is not accessible to hand mowers.

13.6 Clauses 13.7 and 13.8 apply to any rail, gate, fence, or cover over or about any area or entrance to any room below ground level, or other place opening into or upon or near any public place, or abutting a public place.

13.7 If the rail, gate, fence, or cover is so out of repair as to be, in the opinion of an authorised officer, dangerous to persons passing, the authorised officer may by written notice to the owner or occupier, require, within a certain time frame, the owner or occupier to:
a) Repair or remove the rail, gate, fence or cover; or
b) Remove the rail, gate, fence or cover and erect in its place a sufficient fence as defined in the Fencing Act
1978 or such other type of fence as may be approved by the Council.

13.8 No person shall undertake any excavation or construct any cellar that in the opinion of an authorised officer is dangerous to persons passing. The authorised officer may by written notice to the owner or occupier, require within a certain time frame, the owner or occupier to do such things as, in the opinion of the authorised officer will ensure the excavation or cellar is safe.

13.9 It is the responsibility of that owner or occupier to carry out and meet the costs of the works required by that notice under clauses 13.7 or 13.8. If the owner or occupier fails to comply with the request, the Council may carry out such works and recover the cost of doing so from the owner or occupier as the case may be.

14. Restricted activities – aeroplanes

14.1 No person may, without the prior approval of the Council, make use of any part of any public place for the purpose of the landing, or flying of an aeroplane or any kind of flying machine, model aeroplane, hot air balloon, or glider except in case of emergency.

14.2 The approval of the Council under clause 14.1 may be subject to such terms and conditions as the Council thinks fit.

14.3 If a reserve management plan permits a reserve to be used for the purpose of landing or flying an aeroplane or any kind of flying machine, model aeroplane, hot air balloon, or glider, a person is not required to obtain prior approval under clause

14.4 Where permitted to use a public place for the purpose of landing, or flying an aeroplane or any kind of flying machine, model aeroplane, hot air balloon, or glider, no person may do so in a manner, that in the opinion of an authorised officer, is likely to cause a nuisance or a safety hazard to other users of the public place.Return to top

15. Restricted activities - boats

15.1 No person shall by their conduct in, or operation of any boat in any lake, stream or river within any reserve
a) Endanger the safety of the boat or any occupant of the boat; or
b) Cause annoyance or discomfort to any occupant, or endanger any other boat; or
c) Cause annoyance or discomfort to any occupant of any other boat or any other user of a lake, stream or
river.

16. Restricted activities – blasting, fires etc

16.1 No person may without the prior approval of an authorised officer:
a) Within the limits of any public place:
i) Take, use or carry any firearm, axe or similar weapon or other instrument of a dangerous character, or any airgun or bow and arrow, or trap; or
ii) Let off any fireworks; in a manner that in the opinion of an authorised officer is likely to cause a nuisance or safety hazard with the intent of causing harm or injury to any person or to damage any material or thing; or
iii) Blast any rock, stone, earth, timber or other material.
b) Open any drain or sewer on any public place or disturb or remove the surface of any public place, or
make any opening from the public place.

16.2 The approval of an authorised officer under clause 16.1 may be subject to such terms and conditions as the authorised officer thinks fit.

16.3 Subject to the removal provisions in Part 1 Introductory of this bylaw, any enforcement officer may take into his or her possession and retain any of the articles referred to in clause 16.1(a) if any of those articles are being used in breach of this bylaw.

16.4 No person may:
a) Cause, permit or suffer the burning of any material or thing on any public place, other than:
i) In areas set aside by the Council for that purpose such as properly constructed barbeques or fireplaces; or
ii) On a private gas barbeque; or
b) Continue burning a fire permitted under clause 16.4(a) in a public place during the hours of darkness without the consent of an authorised officer; or
c) Set fire to any vegetation in any public place; or
d) Fail to ensure the fire in an area set aside by the Council for that purpose is totally extinguished before
that person leaves the public place.
Note: Fires on private land are covered by Part 4 - Fire Prevention and Smoke Nuisance.

17. Barbed wire and razor wire

17.1 In any urban area no person shall without prior approval from an authorised officer in any public place erect, renew or repair or permit to allow to be erected, renewed or repaired any barbed wire along, or within one metre of, any boundary-line between any land or building on the one side and any public place on the other side.

17.2 Clause 17.1 does not prohibit the placing of barbed wire at a height of not less than 2.4 metres from the level of the ground of any such public place.

17.3 The use of razor wire within any area of the New Plymouth District is not permitted. This clause does not apply to any premises owned and controlled by the Department of Corrections.

18. Prohibited activities – safety hazards

18.1 No person may in any public place:
a) Transport any refuse or offensive matter over any public place unless the receptacle or vehicle used is
covered or secured to prevent the escape or falling of any of the contents onto any public place.
b) Make use of any public refuse receptacle for the purpose of placing or depositing any household, shop,
office, or any trade refuse of any description (except as allowed under the New Plymouth District Council
Consolidated Bylaws 2000 Part 5 Dog Control or any subsequent amendments).

18.2 No person, being the owner or the occupier of land adjoining a public place, may:
a) Intentionally dispose of stormwater, grey water or sewage except in designated disposal points (such as
those provided at campgrounds on reserves); or b) Cause or permit the drippings from any eaves or other
projections from any building or structure on that land to fall upon any public place.Return to top

19. Disturbance or damage to public places

19.1 No person may, without the prior approval of an authorised officer:
a) Cause or permit to be done any act whatsoever by which damage is caused to any public place or Council
property or any work or thing including plants, trees or shrubs over or under the public place; or
b) Intentionally remove or deposit any rock, shingle, sand, earth, timber or any other similar material in a
public place; or
c) Damage, break, destroy, remove or otherwise interfere with any portion of any protective works,
groynes or other structures legally erected on any part of a beach, foreshore and dunes for the control of
sand or single or for the prevention of erosion.

19.2 The approval of the Council under clause 19.1 may be subject to such terms and conditions as the Council thinks fit.

20. Street activities and behaviour in public places

20.1 Clauses 21 to 24 classify street activities and behaviour in public places into two categories, being restricted activities and prohibited activities.

20.2 The purpose of these clauses is to prevent nuisance and protect the public from safety hazards and to lessen the potential for offensive behaviour in public places.

21. Restricted activities – events etc in public places

21.1 No person may on any public place, without the prior approval of the Council, make any public address or organise or conduct any event or attempt to do so.

21.2 In applying for approval under clause 21.1, the organiser of the event in the public place must specify whether the event is likely to interfere with traffic or pedestrian thoroughfare in the public place.

21.3 The Council will grant approval under clause 21.1, unless:
a) Approval has already been given for another event at the public place; or
b) There are reasonable grounds not to grant the approval.

21.4 If the Council refuses to grant approval under clause 21.1, it will specify the reasons why approval has been refused.

21.5 The approval under clause 21.1 may be subject to such terms and conditions as the Council thinks fit and will include relevant traffic information. The Council will also provide relevant traffic information to the police.

21.6 The organiser of the event must:
a) Comply with the terms and conditions of the approval and any applicable laws; and
b) Take all reasonable steps to ensure that any person attending the event also complies with those terms
and conditions.

22. Restricted activities – noise in public places

22.1 No person may on any public place, without the prior approval of an authorised officer:
a) For the purposes of advertising any trade, business, entertainment or for any other purpose, sound, or
cause or permit to be sounded, on any public place any musical instrument, loud speaker, amplifier, or any similar device; or
b) Use or permit the use of a vehicle for the purpose of operating a loud speaker or an amplifier, or any
similar device.

22.2 Any approval given under clause 22.1 is revocable at any time by an authorised officer.

22.3 Clause 22.1 does not apply to:
a) The reasonable use of sound amplifying equipment by a candidate or by a person authorised by a candidate, for the purpose of campaigning for a general election or by-election held under the Electoral Act 1993, or for a local election or by-election, during the period of one month before the date of the election or by-election; or
b) The sounding of any siren, bell, alarm or other warning device on any fire appliance or ambulance or any vehicles conveying any police officer, fire officer or ambulance officer in the execution of their duties or any medical practitioner in case of emergency.Return to top

23. Restricted activity – camping

23.1 No person may erect, put up, use or occupy any tent, marquee, portable hut, caravan, or other similar enclosure as temporary living accommodation on any public place other than on an area which has been set aside by the Council:
a) For that purpose by resolution; or
b) In a reserve management plan; or
c) In respect of which an authorised officer has given prior approval, subject to any Council policies on camping or the use of open space.

23.2 In applying to an authorised officer under clause 23.1(c) the application must state:
a) The location and duration of the proposed camping, the number of people intending to camp, and how the
applicant will ensure that there is no damage or effects to the public place; and
b) The reason why the camping is proposed.

23.3 The authorised officer may approve camping under clause 23.1(c) at their sole discretion and the approval may be subject to such terms and conditions as the Council thinks fit.

23.4 An occupier of a campervan may use the campervan for the purpose of temporary accommodation in a public place (in a prohibited area) subject to the following conditions:
a) There is a maximum of two nights in any month at any single location in a public place; and
b) The campervan must be self-contained with a water storage facility and equipped with a minimum three
day storage capacity for toilet and grey water waste; and
c) All waste (including refuse, toilet and grey water) must be disposed of in approved sites or dump points; and
d) The occupier must not cause any public nuisance, safety hazard, or obstruction in the public place; and
e) The occupier is mindful of other users of the public space and their impact on neighbours; and
f) The campervan is parked in an area set aside for vehicle parking; and
g) The occupier must comply with any request by an authorised officer to move on from the public place.

23.5 In cases where in the opinion of an authorised officer:
a) Camping would create a health hazard; or
b) The public place is required for another purpose; or
c) Camping would obstruct pedestrian or vehicle traffic;or
d) Camping would create a noise nuisance; or
e) The ground conditions are unsuitable for camping; or
f) Camping will damage a public place; or
g) The Council is conducting maintenance works on a public place; or
h) It is deemed to be an area that is unsafe for camping;

The Council may, by resolution and subject to the appropriate signage, designate a camping prohibition whereby a specified area may not be used for temporary accommodation, including by campervans.

24. Prohibited activities – offensive material, polluting water, practising golf etc

24.1 No person may in any public place:
a) Expose to view or distribute for offer or sale any sign, banner, placard, handbill, print or other matter of any offensive or indecent character; or
b) Act in any manner, including the playing of games, so as to cause damage, danger, or obstruction to any
person or property; or
c) Play or practise golf except in an area that the Council has set aside by resolution for such purposes; or
d) Interrupt or interfere with a Council employee, contractor or agent in conjunction with his or her
employment or contract; or
e) Bathe or wade in any water in a public place in contravention of official Council signage (if any); or
f) Permit or cause wastage of water or permit any tap water to flow for a longer period than may be
reasonably required for the filling of utensils for drinking, cooking or washing purposes in any public
place; or
g) In any manner pollute or otherwise render unfit for use for human consumption or otherwise any water supply in that public place.

24.2 The Council may at any time undertake to remove any offensive or indecent matter as referred to in clause 24.1(a) in or adjoining any public place at cost to the person responsible.

24.3 No person may fail to leave a public place or any part of it, after being requested to do so by an enforcement officer.Return to top

25. Beaches

25.1 Clauses 26 to 28 classify certain beach activities into two categories, being restricted activities and prohibited activities.

25.2 The purpose of these clauses is to prevent nuisance and protect the public from safety hazards and to lessen the potential for offensive behaviour on beaches.

26. Beach access

26.1 Any person wishing to gain access to a beach must use the access routes designated by official Council signage (if any).

27. Restricted activities – life saving, horses etc

27.1 The Council may authorise any Surf Life Saving Club to:
a) Provide and use on any beach life saving equipment complying with the approved standards of the NZ Surf
Life Saving Association; and
b) Erect or place on any beach any danger notices, or signs requiring swimming within specified areas of the
beach, or any sign prohibiting bathing from time to time, as is necessary for the safety of swimmers.

27.2 No person may:
a) Obstruct or hinder or interfere with the carrying out of any life saving operations or drill or with any person
engaged in those matters; or
b) Move or damage any appliance or signal provided by the Council or by any Surf Life Saving Club, at any
beach or foreshore, except for the purpose of saving life or with the permission of the Council or the Surf
Life Saving Club.

27.3 No person may allow a horse to be in the following areas and during the following times unless that person has obtained the prior approval of an authorised officer:
a) Ngamotu Beach (includes the reserve, beach and playground area) at all times.
b) East End Beach to Fitzroy Beach (including the foreshore and beach area located between the Te Henui River mouth to the west and the Waiwakaiho River mouth to the east) from 9.00am to 6.00pm daily
during the period daylight saving for New Zealand is in force.
c) Oakura Beach (including the foreshore and beach area located between the Oakura Motor Camp to the
west and the Oakura River mouth to the east) from 9.00am to 6.00pm daily during the period daylight
saving for New Zealand is in force.

27.4 The approval under clause 27.3 may be subject to such terms and conditions as the authorised officer thinks fit and any requirements of the Taranaki Regional Council.

27.5 Nothing in clause 27.3 prevents any person leading a horse through these areas for the sole purpose of gaining access to other beach areas.Return to top

28. Prohibited activities – beaches

28.1 No person may:
a) Be or remain upon any part of a beach unless properly and sufficiently dressed or in areas set aside
by the Council by resolution for the purposes of nude bathing; or
b) Use any changing rooms or toilets at any beach except for the purposes of dressing, showering or
using the toilets; or
c) Use any still camera, video camera or mobile phone capable of taking pictures or video recordings in any
changing rooms or toilets at any beach; or
d) Where over the age of eight years old, enter or use any place, changing room or toilet which has been set
aside by the Council for the use of the opposite sex.

28.2 Except as provided in clause 28.5, no person may drive a vehicle on any of the following beaches:
a) Ngamotu Beach.
b) East End Beach to Fitzroy Beach, - including areas of beach and foreshore located between the Te Henui
River mouth to the west and the Waiwakaiho River mouth to the east.
c) Oakura Beach – including those areas of beach and foreshore located between the Weld Road River
mouth to the west and the Tapuae River mouth to the east.
d) The beach area from the eastern side of the Waiwhakaiho river mouth to the western side of the
Waihowaka stream mouth and including the adjacent named walkway.

28.3 No person may park any vehicle on any part of any beach referred to in clause 28.2, unless that person:
a) Is permitted to do so by an authorised officer; or
b) Is parking in a designated parking area.
c) Is on a road (excluding the foreshore).

28.4 Except as provided for in clause 28.5, no person may drive a vehicle:
a) On any part of the foreshore being used for bathing or playing of sports or games or any event; unless
permitted by an authorised officer; or
b) On sand dunes, on a beach above the mean high water springs (approximately the high tide mark); unless in an area set aside for parking vehicles or using a bicycle on the New Plymouth Coastal Walkway as set out in clause 9.3 (a) or
c) On a beach in a manner which, in the opinion of an authorised officer, is reckless or dangerous.

28.5 Nothing in clauses 28.2 and 28.4 applies in the following circumstances:
a) Use of rescue vehicles, police vehicles, or motor vehicles under the direct control of any Surf Life Saving Club operative in or on these beaches; or
a) Use of vehicles to carry out approved maintenance works on the beach; or
b) Use of a vehicle for the launching and landing of recreational and fishing boats, provided that the vehicle leaves the beach immediately upon launch or landing of the boat.

29. Animals

29.1 Clauses 30 and 31:
a) Classify certain activities into two categories, being restricted activities and prohibited activities; and
b) Restrict the behaviour of animals on public places in order to protect the public from nuisance and prevent
safety hazards caused by animals.
29.2 The purpose of these clauses is to prevent nuisance and safety hazards caused by animals.
29.3 These clauses should be read in conjunction with Part 2 Animals and Part 10 Stock Control New Plymouth District Council Bylaw 2008.Return to top

30. Restricted activities – animals

30.1 No person, being the owner or having the care, custody or control of any animal, may:
a) Tether or otherwise put, or place, any animal for the purpose of depasturing or grazing on any public place,
except in:
i) A rural area with the prior approval of the Council; or
ii) On any public place for which a current grazing lease has been issued by the Council; or
b) Break in, train, show, clean, shoe, dress, or expose for hire or sale any animal on any public place, except
where a lease permitting those activities has been issued by the Council, or as provided under the New
Plymouth Recreation and Racecourse Reserve Act 1999; or
c) Cause or allow any animal, except for any cats or dogs, to be led, ridden, or driven upon, across, or along any footpath grass verge, berm or flower bed laid out on any public place except in an area which has been designated by official Council signage (if any).

30.2 Any person permitted to graze animals on any public place under clause 30.1(a) must comply with the following conditions:
a) In the case of animals being grazed on the roadside or berms, grazing may only be carried out directly
adjacent to the property owned by or under the control of such person or adjacent to the property of another
person where prior permission has been granted by that other person; and
b) That all reasonable precautions are taken to ensure the safety of any persons or traffic using any road or
public place. Animals should be secured behind an effective fence constructed to ensure that animals
cannot wander or cause a public safety hazard in the opinion of an authorised officer; and
c) That the person permitted to graze the animals accepts full responsibility and liability for the animals.

30.3 Any person permitted to drive or ride any animal within any public place under clause 31.1(c) must not do so in such a manner so as to:
a) Cause damage to the surface or to any part of a public place; or
b) Permit any injury or obstruction to the public.

30.4 No person shall ride a horse on the New Plymouth Coastal Walkway without the approval of an authorised officer.

31. Prohibited activities – animals

31.1 No person, being the owner or having the care, custody or control of any animal:
a) Shall allow the animal to wander or be at large without proper guidance and control on any public place.
b) Shall ride or swim any such animal on or from any part of any beach such that in the opinion of an authorised officer, a nuisance, danger or inconvenience is or may be created for other users of the beach.
c) Allow any dangerous animal likely to cause a hazard to the public to stand on any public place unless
properly and securely controlled.
d) Shall fail to remove defecations from any such animal on any public place.
e) Clause 31.2 does not apply to defecations deposited at a composting site in a public place that has been
approved by an authorised officer.
Note: See also Part 2 Animals New Plymouth District Council Bylaw 2008.Return to top

32. Refuse in public places

32.1 No person shall:
a) Place any special waste in a public place.
b) Place any hazardous waste in a public place.
c) Place any prohibited waste in a public place.

32.2 No person shall leave or place any refuse or recyclables out for collection in any public place unless the refuse or recyclables are placed in approved refuse bags or approved recycling bags and that these bags:
a) Are secured to prevent spillage.
b) Are placed in a position that does not obstruct or present a hazard to pedestrian or vehicular traffic.
c) Comply with any other conditions of any consent given by the Council or the conditions of any part of
this bylaw.
Note: See Schedule 1, Part 9 Solid Waste New Plymouth District Council Bylaw 2008 that sets out the approved types of refuse and recycling bags to be used.

32.3 No person shall deposit, cause, permit or authorise the deposit of any unsolicited mail, circulars, leaflets, brochures or flyers in any letterbox which is clearly marked “no circulars”, “no junk mail”, “addressed mail only” or with words of similar effect.

32.4 Clause 32.3 shall not apply to any:
a) Document from any government or agency, local authority, network utility, political party or political
candidate or any charity.
b) Newspaper, community newspaper or community newsletter.
Note: See Part 9 Solid Waste New Plymouth District Council Bylaw 2008 for definitions of terms as used in clause 32.

33. Commercial activities in public places

33.1 Subject to clause 33.2, buskers are permitted in all public places except swimming pools, museums, libraries, public art galleries, public theatres, and stadia unless prior approval is obtained from an authorised officer.

33.2 Busking in reserves is subject to the busker obtaining the approval of an authorised officer, and the authorised officer may grant approval in whatever form and subject to any terms and conditions, which the authorised officer determines is appropriate.

33.3 If the Council receives a complaint about a busker, an enforcement officer may, if in the opinion of that enforcement officer the busker is causing a nuisance to the public, require that busker to cease busking.

33.4 No person may, without the prior approval of an authorised officer, in any public place, accost or impose upon any person for the purposes of:
a) Soliciting subscriptions, collections or donations; or
b) Carrying out any fundraising; or
c) Promoting or furthering any product or project.
Return to top
33.5 In applying to an authorised officer for approval under clause
33.4, the application must:
a) Be in writing and be made not less that 14 days before the date on which it is desired to commence
operating.
b) State the following:
i) The purpose for which subscriptions, collections or donations, fundraising activity or the profits from the business to be carried on will be used; and
ii) The date of the proposed activity; and
iii) Where applicable, the place or places where it is desired to station collectors or erect a stall
or stalls; and
iv) The names and addresses of the promoters.
The approval of the authorised officer may be subject to such terms and conditions as the authorised officer thinks fit.

33.6 A person may have one vehicle owned by him or her, or under his or her control, parked on any road (including the grass verge) for the purpose of sale if the vehicle:
a) Is primarily parked outside that person's residence.
b) Is capable of being used for bona fide purposes of travel.

33.7 No person who is a motor vehicle trader within the meaning of the Motor Vehicle Sales Act 2003 may park a vehicle for the purposes of sale in a public place.

33.8 To avoid any doubt, clauses 33.6 and 33.7 do not prevent a person from driving a motor vehicle along any road for vehicle demonstration purposes.

33.9 Despite clauses 33.6 to 33.8, the Council may by resolution publicly notified, and subject to appropriate signage, prohibit or restrict vehicles being displayed for the purposes of sale, exhibition or demonstration in any public place.

33.10 Subject to the notice and removal provisions in Part 1 Introductory New Plymouth District Council Bylaw 2008, any vehicle in breach of this part may be removed and impounded by any enforcement officer. Return to top