What are Bylaws?
Bylaws are rules made by local councils which affect the way we live, work and play. Bylaws are there to make our district a safe and healthy place to live in.
A council can only make a bylaw if it has been empowered by an act of Parliament to do so. Most bylaws are made under the Local Government Act 2002. Other acts, such as the Land Transport Act 1998 and the Health Act 1956, also give councils powers to make bylaws.
Why do we need Bylaws?
Councils need bylaws to help make rules specific to their community's unique needs. Their aim is to keep people safe, protect the environment, and ensure appropriate use of public spaces.
What is the difference between a bylaw and a policy?
A bylaw is a rule made by the local council that everyone has to follow, and there are penalties if you break it. It's like a local law for things like noise or parking.
A policy is more like a set of guidelines that help the council make decisions. It’s not a law, so there’s no penalty if people don’t follow it.
How are Bylaws made?
In short, bylaws are made by councils after they listen to the community, and get legal advice to ensure they are fair, legal, and follow a set process to make sure they’re fair and effective.
Here’s how it generally works:
- Identifying the Need: The council identifies an issue that requires a rule or law, such as controlling noise or managing waste.
- Drafting the Bylaw: Council staff or legal experts write the proposed bylaw, outlining the rules and how they should be enforced.
- Consulting the Public: Before finalising the bylaw, the council must ask the community for feedback. This might be done through surveys, meetings, or public notices. People can suggest changes or raise concerns.
- Reviewing Feedback: The council looks at the feedback and decides if any changes need to be made to the bylaw.
- Approval: Once everything is finalised, the council formally approves the bylaw. This usually happens at a council meeting.
- Notifying the Public: The new bylaw is then officially published, and people are informed about the new rules, usually through local media or the council’s website.
How are Bylaws enforced?
Bylaws can be enforced by Council staff or other agencies such as New Zealand Police. Not complying with a bylaw is a criminal offence. If a bylaw is breached, consequences can include fines, prosecution, seizure of property, or other remedial action.
Our staff may take the approach of engaging with our customers in the first instance to educate them and provide an opportunity to be voluntarily compliant. Only taking the appropriate enforcement action if necessary.
