Proposed Changes to the Public Safety and Nuisance Bylaw
Proposed Changes to the Public Safety and Nuisance Bylaw 2013
Introduction
Auckland Council is seeking feedback on proposals for changes to the Public Safety and Nuisance Bylaw 2013.
Deadline for submissions is on the 5th Dec 2018, and you can have your say online.
Read a bit more below about some of the proposals
Proposal 1: Leaving or storing items in public place
Council’s proposal is to include bylaw wording to list construction materials, boats, shipping containers and consumer goods as items that must not be left or stored in a public place. Other items may be left provided it is not litter and does not cause a problem. Council says it is concerned about items stored or left in public places as they can cause problems by getting in the way of people using those places or causing damage. The proposed change makes it easier for people to understand which items must not be left or stored on a public place rather than trying to prohibit everything.
Proposal 2: Aggressive or intimidating behaviour around begging
Council’s proposal is to remove references to begging activity from the bylaw. Instead, the bylaw will focus on the behaviours expected of all Aucklanders in public places rather than on vulnerable people who may engage in begging activity. Council says the bylaw review found that a bylaw is not effective for addressing intimidating or nuisance behaviour around begging. Engagement and relationships between council staff, City Watch staff and the begging community are what makes a difference. Any nuisance or intimidating behaviour could still be addressed by council with City Watch using clause 6 of the bylaw – Bad behaviour in public places.
Proposal 3: Nuisance and safety issues relating to drones
Council’s proposal is to update the wording in the bylaw to now include drones and rules around their use over public places. Council says the use of drones has become much more common in public places since this bylaw was created in 2013. Drones can cause safety risks and nuisance issues. Council wants to make the rules about drones over public places clear to the public by including them in the bylaw.
Proposal 4: Controls on set netting
Council’s proposal is to make the bylaw wording clearer about how controls on recreational fishing are made. The proposed change provides more guidance in the bylaw about how decisions are made on restricting recreational fishing activities including set-netting. Set-netting is a fishing method that involves setting a net in the water to act as a netted wall and leaving it for a period.
Proposal 5: Setting off fireworks on public property
Council’s proposal is to keep the bylaw clause prohibiting (banning) setting off fireworks in public places. The bylaw review found that there are still significant safety and nuisance issues with use of fireworks by the public in public places that can be addressed using the bylaw and that it is necessary to retain the ban on the use of fireworks in public places. Public firework displays in public places can still be approved by council.
Proposal 6: Issues addressed in existing legislation and other bylaws
Remove certain issues from the bylaw to instead be addressed using government legislation, including:
- Damage to council property
- Car window washing
- Use of mind-altering substances in public places
- Graffiti
- Noise
Banning the sale of fireworks to the public
Council’s proposal is to prohibit (ban) the sale of fireworks to the general public for private use.
Council says it is concerned about deliberate and unintentional injury and distress to people and animals, damage to property and high demand for council and emergency services relating to the use of fireworks. Council says it intends to ask government to ban the sale of fireworks to the public to end their private use and only allow public firework displays in New Zealand.
