Relevant Legislation

The Council is empowered by the Land Transport Act 1998, Local Government Act 1974, the Local Government Act 2002 and the Bylaws Act 2010 to make bylaws for the purposes of regulating traffic and parking.
In amending a bylaw, the Council must also follow the general procedure for making bylaws under the Local Government Act 2002.

As a consequence:
  • Officers have concluded that the amended Traffic Bylaw Amendment No 1, 2018 better enables the Council to make reasonable provision for traffic and parking services instead of the unamended bylaw or relying only on education/information or general legal requirements. As a consequence, officers recommend that the amended Traffic Bylaw Amendment No 1, 2018 is the most appropriate option as it provides for greater certainty and is enforceable by the Police.
  • Officers recommend that the amended Traffic Bylaw Amendment No 1, 2018 is the most appropriate form of bylaw.
  • The amended Traffic Bylaw Amendment No 1, 2018 is considered to be consistent with the New Zealand Bill of Rights Act 1990. The Bylaw does not place any unjustified limitations on freedom of movement, expression or association. Serious offences against the Bylaw require a judicial process through a summary conviction, which provides alleged offenders with opportunities for defence.
  • In terms of the four general requirements for making a valid bylaw, the Land Transport Act 1998, Local Government Act 1974, the Local Government Act 2002 and the Bylaws Act 2010 empower the Council to make bylaws for the purposes of regulating traffic and parking. The amended Traffic Bylaw Amendment No 1, 2018 is not repugnant to the general laws of New Zealand. It will impose reasonable restrictions that afford better outcomes concerning the reasonable provision and regulation of traffic and parking in the district.
  • In light of decision-making under sections 77, 78, 79, 80, 81 and 82 of the Local Government Act 2002, although other options, such as having no bylaw, relying only on education/information or general legal requirements are possible, the benefits of a bylaw as an option outweigh the costs in terms of the present and future interests of the district. A bylaw also better promotes or achieves community outcomes as expressed in the Rotorua 2030 Goals in a more integrated and efficient manner than having no bylaw. In terms of the impact of these options on the Council’s capacity to meet present and future needs in relation to any statutory responsibility, Council has the capacity and resources to monitor and enforce the proposed bylaw.
  • The views and preferences of certain stakeholders who are affected by, or have an interest in, the Bylaw have been considered.

Consultation has concluded