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Part 1 Introductory

The purpose of this part of the bylaw is to provide consistency in interpretation of terms used in the bylaw and deals with some matters which are general to all parts of the bylaw. 

1.0 Title
A bylaw of New Plymouth District Council by way of Special Order pursuant to the provisions of the Local Government Act 1974 and all other Acts, powers and authorities enabling it in that behalf to make a bylaw to be known as the New Plymouth District Council Consolidated Bylaws 2000 comprising parts 1-17 as they are attached to the said Special Order.

2.0 Commencement
This bylaw shall come into force on the 15th day of August 2000.

3.0 Repeal
As from the date this bylaw comes into force, any previous bylaws, or parts of any bylaw and their amendments in force in New Plymouth District (including the former territorial local authorities that now comprise New Plymouth District Council) shall, subject to the following exclusions, be repealed.

Exclusions:
New Plymouth City Consolidated Bylaw 1958 Part IV Traffic and amendments
New Plymouth City Consolidated Bylaw 1958 Part XXXVI Airport and amendments
New Plymouth District Council Airport Landing Charges Bylaw 1997.

Repeal
4.0 Application of Bylaw
This bylaw shall apply to New Plymouth District.

5.0 Interpretation
5.1 In this bylaw, unless inconsistent with the context or where otherwise expressly provided:

ACT means the Local Government Act 1974 and its amendments.

ADVERTISING SIGN means any name, writing, picture, painting, engraving, carving, figure, character, logo, display, notice, placard, poster, handbill, billboard, flag, aerial display, banner or other device or appliance erected or displayed for the purposes of attracting the attention of passers by and has implied or actual commercial advertising content and includes all parts, portions, units and materials composing the same, together with the frame, background, structure and support or anchorage thereof but does not include:

a) Signs in shop windows;
b) Advertising on any vehicle that has a current registration and warrant of fitness except where that vehicle and any attached trailer is used for commercial advertising or it acts as a stationary support structure for
commercial advertising;
c) Official signs;
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ANIMAL means stock, poultry and any other vertebrate animal of any age or sex which may or may not be kept in a state of captivity or be dependent upon a human being for its care and sustenance (includes sheep, any bird, fish, reptile or carcass).

APPROVAL or APPROVED means approved in writing by New Plymouth District Council, either by resolution of the council or by an officer of New Plymouth District Council authorised for that purpose.

AUTHORISED OFFICER means an officer or other person appointed by the council to perform any duties required under this bylaw, irrespective of the designation given to that officer or person and shall include any police officer.

BEACH means any land for the time being vested in or under the control of the council above the mean high water springs including any adjoining reserve or park, and, where control of the foreshore is vested in the council, includes the foreshore.

BUILDING shall have the same meaning as it has in the Building Act 1991 and means any temporary or permanent movable or immovable structure (including any structure intended for occupation by people, animals, machinery or chattels) and includes any mechanical, electrical, or other system, and any utility systems, attached to and forming part of the structure whose proper operation is necessary for compliance with the building code.

BYLAW means a bylaw of the council made under the provisions of any Act or authority enabling the council to make bylaws.

CATTLE shall include, but not be limited to any horse, bull, cow, ox, heifer, steer, calf, sheep, ram, ewe, wether, lamb, goat, kid, deer, hind, stag, boar, sow, ostrich, pig and grazing animals of any kind.

CERTIFICATE OF TITLE means a certificate registering the freehold ownership of land available to any owner(s) under the Land Transfer Act 1952.

COUNCIL means NEW PLYMOUTH DISTRICT COUNCIL, a body corporate and local authority pursuant to the Local Government Act 1974 and a territorial authority pursuant to the Resource Management Act 1991.

CUSTODIAN means any person appointed by the council to control or manage any land, building, or premises belonging to or under the control of the council.
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CUSTOMER means any person or organisation receiving services from the council.

DEED OF COVENANT means an agreement whereby a party stipulates as to the truth of certain facts, or binds himself to give something to another, or to do or not to do any act.

DISCONNECTION means the physical cutting and sealing of the drain from a premises.

DISTRICT means the district constituted under the Local Government Act 1974 and Resource Management Act 1991 and under the control of the council.

DISTRICT PLAN means a District Plan prepared or constituted under the provisions of the Resource Management Act 1991.

DRAIN means that section of private drain between the occupier’s premises and the point of discharge through which wastewater is conveyed from the premises. This section of drain is owned and maintained by the occupier.

DWELLING OR DWELLINGHOUSE includes any building, tent, vehicle or other structure, whether permanent or temporary, and whether attached to the soil or not, used in whole or in part for human habitation, and includes the land appurtenant to a dwelling.

FOOD shall have the same meaning as it has in Section 2 of the Food Act 1981.

FOOTPATH means as much of any street or public place that is laid out or constructed by authority of the council for pedestrian use.

FORESHORE means any land or beach covered and uncovered by the flow and ebb of the tide at mean spring tides and, includes the shore or land adjoining the sea and the cultivated or developed land.
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INSPECTOR means any officer appointed by the council to carry out or exercise the duties and powers of an inspector under this bylaw.

INVALID CARRIAGE has the same meaning as in the Transport Act 1962 and means a vehicle drawn or propelled by mechanical power and specially designed and constructed, and not merely adapted, for the use of persons suffering from a physical defect or disability.

LICENSED means holding a licence under the bylaws of the council or under any statute.

LOCAL AUTHORITY means the council, person, or group of persons authorised by any Act to make bylaws, and which has made this bylaw, and includes the body corporate on behalf of which any such council, person, or group acts.

MEMORANDUM OF ENCUMBRANCE means an agreement for the payment by any person or persons by yearly or periodical payments or otherwise of any annuity, rent charge, or sum of money other than a debt where land owned by the person or persons is legally defined and used as security should failure to pay occur.

MONTH means calendar month.

MOTOR VEHICLE has the same meaning as the Transport Act 1962 and means a vehicle drawn or propelled by mechanical power and includes a trailer, motorcar, motorcycle, two or four wheel drive farm/recreational bikes and motor vehicles whether two or four wheel drive.

MURAL means a painting or drawing on a building which has no implied advertising, or advertising content.

NAME PLATE means any plate fixed to the wall surface or in a sign case near the entrance to premises to denote the name, business, designation, and agencies of an occupier of such premises.

NIGHT means the period commencing 30 minutes after sunset and ending 30 minutes before sunrise.
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NUISANCE means nuisance as defined by the Health Act 1956, and shall include anything obnoxious, offensive or injurious to the community or any member of it.

OCCUPIER means the inhabitant of any premises, and in any case where any premises is unoccupied shall be deemed to include the owner of the premises.

OFFENCE includes any act or omission in relation to this bylaw for which any person can be punished either on indictment or by summary process.

OFFICIAL SIGN means all regulatory traffic signs and signals approved by a road controlling authority or provided for under any legislation and which are erected on a legal road or motorway. It also includes New Zealand Automobile Association Incorporated directional signs.

OWNER of any property, means any person who would be entitled to receive the rack rent of the property, if the property was let to a tenant at a rack rent, and where any person is absent from New Zealand, shall include their attorney or agent, or any other person acting on their behalf.

PARK refer to reserve.

PARKING means the standing of a vehicle in any place for a period in excess of five minutes and “park”, in relation to vehicles, shall have a corresponding meaning.

PERMANENT SIGN means any advertising sign that is not a temporary sign and may be located either on-site or off-site, be freestanding or attached to or painted onto a building or other structure.

PERSON includes a company, body corporate and incorporated or unincorporated society or any other entity where the context requires.

POINT OF DISCHARGE means the boundary between the public sewer and a private drain.
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POINT OF SUPPLY is the point on the service pipe which marks the boundary of responsibility between the customer and the water supply authority, irrespective of property boundaries.

PORTICO includes any awning, porch, veranda, 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.

POULTRY means any bird (including but not limited to, domestic fowls, ducks, peacocks, geese, turkeys, guinea-fowl, pheasants and pigeons) that may or may not be kept or raised for the purpose of sale or of producing eggs, hatching eggs or poultry products for human consumption, or for the purpose of rearing on behalf of another person.

PREMISES means either:
a) A property or allotment which is held under a separate certificate of title or for which a separate certificate of title may be issued and in respect to which a building consent has been or may be issued; or
b) A building that has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is available; or
c) Land held in public ownership (reserve) for a particular purpose; or
d) Individual units in buildings which are separately leased.

PRINCIPAL ADMINISTRATIVE OFFICER means the person appointed by the council to perform the duties or a particular duty of the Principal Administrative Officer irrespective of the designation given to that person.

PUBLIC NOTICE shall have the meaning assigned to it from time to time by the Local Government Act 1974.
PUBLIC PLACE means a place that is under the control of the council and open to or being used by the public, whether admission is free or on payment of a charge and includes a road, whether or not the road is under the control of the council and one or more parts of a public place.

REFUSE includes any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, or waste matter or any other thing of a similar nature.

RESERVE means any land set aside for any public purpose and shall have the same meaning as in the Reserves Act 1977.

ROAD has the same meaning as defined in the Local Government Act 1974 and includes any street or public highway.
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ROADING AUTHORITY means either New Plymouth District Council or Transit New Zealand.

SCHEDULE OF RATES AND CHARGES means the list of items, terms and prices for services associated with any activity in which the council is engaged and for which the council is authorised to fix rates and charges.

SEWER means the main public sewer and lateral connections that carry away wastewater from the point of discharge. The public sewer is owned and maintained by the council.

SHEEP means any ram, ewe, wether or lamb.

SITE means:
a) an area of land which is:
i) comprised in single ALLOTMENT, or other legally defined parcel ofland and held in a single certificate of title; or
ii) comprised in a single ALLOTMENT or legally defined parcel of land for which a separate certificate of title could be issued without the further consent of the council; or
b) an area of land which is comprised of two or more legally defined parcels of land held together in one certificate of title in such a way that the lots cannot be dealt with separately without prior consent of the
council; or
c) an area of land which is comprised of two or more adjoining certificates of title where such titles are:
i) subject to a condition imposed under section 37 of the Building Act 1991; or
ii) held together in such a way that they cannot be dealt with separately without the prior consent of the council; or
d) in the case of land subdivided under the cross lease or company lease systems (other than strata titles), site shall mean an area of land containing:
i) a building or buildings for residential or business purposes with any accessory building, plus any land exclusively restricted to the users of that building; or
ii) a remaining share or shares in the fee simple creating a vacant part of the whole for future cross lease or company lease purposes;
e) in the case of land subdivided under the Unit Titles Act 1972 (other than strata titles), site shall mean an area of land containing a principal unit or proposed unit on a unit plan together with its accessory units;
f) in the case of strata titles, site shall mean the underlying certificate of titles, immediately prior to subdivision;
g) land partitioned under the Te Ture Whenua - Maori Land Act 1993.
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STOCK means cattle as defined in this clause.

STORMWATER means all surface water run-off resulting from precipitation.

STREET, PRIVATE ROAD, FOOTPATH and PRIVATE WAY shall have the respective meanings assigned to them in the Local Government Act 1974 and shall, where the context requires, include a road.

STRUCTURE means any building, equipment, device or other facility made by people and which is fixed to land, and includes any raft.

TEMPORARY SIGN means an advertising sign displayed for no more than 12 months whose purpose is:
a) advising of a forthcoming community event, occasion or service which is primarily a ‘not-for-profit’, event, organisation or service;
b) electioneering;
c) identifying a construction site or a development under construction;
d) notifying the availability of land and/or premises for sale or lease; or
e) advising of a resource consent application;
and may be located either on-site or off-site, be freestanding or attached to a building.

TRADE PREMISES means any premises used or intended to be used for carrying on any trade or industry, and includes any land or premises wholly or mainly used for agricultural or horticultural purposes.

TRADE WASTE is any liquid, with or without matter in suspension or solution, that is or may be discharged from a trade premises in the course of any trade or industrial process or operation, or in the course of any activity or operation of a like nature, but does not include condensing or cooling water, stormwater, or domestic sewage. Condensing or cooling waters, and storm water which cannot practically be separated from wastewater may be included subject to specific approval.
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TRAILER means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable, but does not include;
a) A sidecar attached to a motor cycle; or
b) A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.

URBAN AREA means property located within the urban confines of New Plymouth, Bell Block, Waitara, Inglewood, Oakura, Okato and Urenui, or any other areas where groups of residential sized allotments are the
predominant characteristic of the immediate neighbourhood.

VEHICLE means a contrivance equipped with wheels, tracks or revolving runners upon which it moves or is moved, but does not include:
a) A perambulator or pushchair;
b) A shopping or sporting trundler not propelled by mechanical power;
c) A wheelbarrow or hand trolley;
d) A child’s toy, including a tricycle and a bicycle, provided, in either case, no road wheel (including a tyre) has a diameter exceeding 355mm;
e) A pedestrian controlled lawnmower;
f) Any pedestrian controlled agricultural machinery not propelled by mechanical power;
g) Any article of furniture;
h) Any invalid wheelchairs not propelled by mechanical power.

WASTEWATER means water or other liquid, including waste matter in solution or suspension, discharged from a premises to a sewer.

WATERWORKS includes all waterworks as defined in Section 376 of the Local Government Act 1974.

WINDOW SIGN means any sign displayed in or painted, printed, written, carved, inscribed, endorsed, or otherwise fixed to or upon any window.
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WRITING, WRITTEN or any similar term means and includes words printed, painted, engraved, lithographed, or otherwise traced or copied, and where anything is required to be written it may be partly in writing and partly in printing.

5.2 Words referring to the singular number include the plural number, and words referring to the masculine gender include the feminine gender and vice versa.

5.3 Words referring to any district, locality, place, person, office, officer, functionary, party, or thing shall be construed distributively as referring to each district, locality, place, person, office, officer, functionary, party, or thing, to whom or to which the provision is applicable.

5.4 Clauses headings are for reference purposes only and shall not affect the construction of this bylaw.

5.5 Every schedule to this bylaw shall be deemed to form part of this bylaw.

5.6 Where forms are prescribed in this bylaw, slight deviations but to the same effect and not calculated to mislead, shall not invalidate them.

6.0 Authorised Officers to Continue in Office
6.1 All Authorised Officers appointed by the council under or for the purpose of any repealed bylaw, and holding office at the time of the coming into operation of this bylaw, shall be deemed to have been appointed under this bylaw.

7.0 Serving of Orders and Notices
7.1 Except where otherwise expressly provided for in any Act, any order or notice issued to any person in terms of this bylaw shall be delivered to the person either personally or by sending the order or notice by registered post to their last known residential or business address.

7.2 If the person is absent from New Zealand the order or notice may be sent to their agent in the same manner as mentioned in clause 7.1 of this part of the bylaw.

7.3 If the person is not known, or is absent from New Zealand, and has no known agent in New Zealand, and the order or notice relates to any premises, the order or notice, addressed to the owner or occupier of the
premises, may be served on the occupier, or, if there is no occupier, may be put up on some conspicuous part of the premises. It shall not be necessary in the notice to name the occupier or owner of the premises.

7.4 Where an order or notice is sent by registered post it shall be sent so as to arrive in the due course of post on or before the latest time on which the order or notice is required to be served.
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8.0 Powers of Delegation
8.1 Where this bylaw provides for the issue of any order, notice or licence, the order, notice or licence shall be deemed to be issued in compliance with this bylaw if it is issued by any Authorised Officer.

8.2 Where pursuant to this bylaw, any powers or duties are imposed on the Principal Administrative Officer, that officer may with the consent of the council, delegate any of those powers or duties either generally or
particularly to any other officer of the council.

9.0 Inspection and Power of Entry
9.1 Subject to clause 9.2 of this part of the bylaw, any Authorised Officer shall have, for the purposes of doing anything the council is empowered to do under this bylaw, the power to enter, without being deemed to commit trespass, upon:
a) Any unoccupied premises; or
b) Any occupied premises, after giving to the occupier, and, where practicable, to the owner, 24 hours prior notice of the intended entry.

9.2 In any situation causing or likely to cause loss of life, injury, nuisance, damage to property, or danger to any works or property adjoining, any inspector or agent of the council may, for the purpose of doing anything that the council is empowered to do under this bylaw, enter any occupied premises without prior notice, but shall, as soon as practicable, inform the occupier and the owner of the premises.

9.3 Every person who obstructs or hinders any Authorised Officer in the execution of their powers under this clause shall be liable to prosecution for an offence against this bylaw.

10.0 Reduction of Licence Fees
10.1 Where an annual fee in excess of $50.00 is payable in respect of a licence that fee shall, where the licence is issued for less than one year, be reduced by one-twelfth for every complete month by which the term of the licence is less than one year, PROVIDED that the fee shall not be less than $50.00.
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11.0 Suspension and Revocation of Licences
11.1 Except as may otherwise be expressly provided for in any particular case in this bylaw:

a) Should the holder of any licence granted pursuant to this bylaw be convicted of any offence under this bylaw, or any other offence touching their character as a licensee, the council may immediately revoke their licence or suspend it for as long as the council thinks fit.

b) Should it be brought to the notice of the council that the holder of any licence granted pursuant to this bylaw has acted or is acting in a manner contrary to the true intent and meaning of this bylaw or that
they are deemed to be unfit to hold the licence, then the council may serve a notice upon the licence holder requiring them to appear before the council or a committee of the council at a time and place stated in
the notice, to explain why their licence should not be revoked or suspended. The council may, if it considers the matter proved or if there is no appearance by the licence holder, revoke their licence or suspend it for as long as the council thinks fit.

c) Should it be brought to the notice of the council that any premises licensed under this bylaw or any part of the premises;

i) Have been or are being used for any other purpose than that stated in the licence; or

ii) Have fallen into a state of disrepair or are not being kept and maintained in the condition required by the licence; or

iii) That in any other manner this bylaw is not being observed in accordance with its true intent and meaning;
the council may serve a notice upon the holder requiring them to appear before the council or a committee of the council at a time and place stated in the notice to explain why their licence should not be
revoked or suspended. The council may, if it considers the matter proved or if there is no appearance by the holder, revoke their licence or suspend it for as long as the council thinks fit.

d) Any person whose licence has been suspended and any premises in respect of which the licence has been suspended, shall, during the period of suspension, be deemed to be unlicensed.

e) For the purposes of this clause 'licence" includes a certificate of registration and any other written authority or permission of the council and "licensed" shall have a corresponding meaning.
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12.0 Offences and Breaches
12.1 No person shall do anything or cause any condition to exist for which a consent, licence, permit or approval from the council is required under this bylaw without having a current and valid consent, licence, permit or approval and the failure to have such will constitute a breach of this bylaw.

12.2 No application for a licence or approval from the council, and no payment of or receipt for any fee paid in connection with an application, licence, or approval, shall confer any right, authority, or immunity on the person making the application or payment until the application licence or approval has been granted.

12.3 Any person commits a breach of this bylaw who:
a) Does, or causes anything that is contrary to this bylaw; or
b) Omits or neglects to do anything which ought to be done by them at the time and in the manner provided in this bylaw; or
c) Does not refrain from doing anything which under this bylaw they are required to abstain from doing; or
d) Knowingly permits any condition or thing to exist contrary to any provision contained in this bylaw; or
e) Refuses or neglects to comply with any notice or direction given to them under this bylaw; or
f) Obstructs or hinders any officer of the council in the exercise of any power conferred upon them by this bylaw; or
g) Fails to divulge their full name, address or other information when requested to do so by an Authorised Officer.

12.4 Any person commits a breach of this bylaw who:
a) Having constructed, affixed or provided, or caused to be constructed, affixed, or provided, any building or any part of a building, or any work, appliance, or material of any description whatsoever, contrary to, or
otherwise than in accordance with the provision of this bylaw; or
b) Having omitted to construct, affix, or provide any work, appliance or materials as required thereby;
and who does not within a reasonable time after notice in writing has been given to them by the council or any Authorised Officer of the council, carry out the remedial action specified in that notice.

12.5 The notice in clause 12.4 of this part of the bylaw shall state the time within which the remedial action is to be carried out, and may be extended from time to time by written authority of an Authorised Officer.

12.6 The provisions of clause 12.0 of this part of the bylaw shall also apply where any building, part of a building, work, appliance, or material that was, before the coming into force of this bylaw, constructed, affixed, provided or omitted contrary to any bylaw hereby repealed, but re-enacted, in substance in this
bylaw. Notice as aforesaid in clauses 12.4 and 12.5 of this part of the bylaw may be given and re-enacted in respect of any such building, part of a building, work, appliance or material.
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13.0 Removal of Works Executed Contrary to the Bylaw
13.1 The council may authorise any officer or agent to demolish, remove or alter any thing erected or existing in contravention of this bylaw.

13.2 The council may recover from any person responsible for the erection or continued existence of any thing contrary to this bylaw all expenses incurred by it, in connection with the demolition, removal or alteration, including any storage/handling costs where applicable.

13.3 The exercise of this authority shall not relieve any person from liability for any penalty for erecting or permitting the continued existence of any thing contrary to this bylaw.

13.4 The officer authorised to pull down, remove, or alter or cause to be pulled down, removed or altered any material, object or thing, erected or placed so as to encroach on a road may, following giving public notice of the intention to do so, offer for sale any material, object, or thing, by way of public tender and the successful tenderer thereby becomes the lawful owner of that material, object or thing.

14.0 Penalties for Breach of Bylaws
14.1 a) Every person who commits a breach of a bylaw made or having effect under provisions of the Local Government Act 1974 is liable, on summary conviction, to a fine not exceeding $500.00 and where the
breach is a continuing one, is liable to a further fine not exceeding $50.00 for every day or part of a day during which the breach has continued.

b) Every person who breaches a bylaw made or reviewed under Part 8 of the Local Government Act 2002 commits an offence and is liable, on summary conviction, to the penalty set out in Section 242(1), 242(2),
242(4) or 242(5) of the Act, as the case may be.

14.2 The council may, after a conviction for the continuing breach of this bylaw, apply to a Court of competent jurisdiction for an injunction to restrain the further continuance of the breach by the person convicted.

14.3 The continued existence of any thing contrary to this bylaw shall be deemed to be a continuing breach within the meaning of this clause.

15.0 Dispensing Power
15.1 Where, in the opinion of an Authorised Officer, full compliance with any of the provisions of this bylaw, would cause loss or inconvenience to any person or the operation of any business without any corresponding benefit to the community, the council may, on the special application of that person, dispense with full compliance with any of the provisions of this bylaw PROVIDED that any other terms or conditions (if any) that the council may deem fit to impose shall be complied with by the person concerned.
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16.0 Forms
16.1 Wherever throughout this bylaw forms are prescribed, slight deviations therefrom, but to the same effect and not calculated to mislead, shall not vitiate them.

17.0 Fees and Charges
17.1 The council may at any time by ordinary resolution, publicly notified, prescribe fees that may be charged in respect of any certificate, authority, approval, consent given, inspection made or service given by the council under the provisions of the Local Government Act 1974 or any other enactment where that enactment contains no provision for authorising the council to charge a fee.

17.2 Where any inspection or service for which a fee has been paid (under the provisions of clause 17.1 of this part of the bylaw) has not been given or made, the council may refund any such fee or portion thereof as it may determine.

18.0 Approval of New Technology
18.1 If any person wishes to install or use any thing, which has not been introduced in the dDistrict before and does not entirely comply with this bylaw, they may do so upon receiving approval from an Authorised Officer.

18.2 The installation or use must, in the opinion of an Authorised Officer, not contravene the spirit and intention of this bylaw.

18.3 An Authorised Officer may impose any conditions he considers necessary having regard to, and providing compliance with, any other legislative requirements that may be applicable at the time.

19.0 Offence
19.1 Any person contravening or breaching any of the provisions of this bylaw shall be guilty of an offence against this bylaw.
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