Review of the Water Services and Trade Waste Bylaw 2010

Consultation has concluded - Report being prepared for Council consideration.

Water gushing out of a pipe

The Rotorua Lakes Council has 13 bylaws. These are rules made by the Council that affect and regulate certain activities in the community. They cover health, safety and a range of environmental issues.

Every few years the Council is required by the Local Government Act 2002 (‘LGA 2002’) to review its bylaws.

The Council has undertaken a review of the Water Services and Trade Waste Bylaw 2010. It is proposing one amendment to this Bylaw as set out in this Statement of Proposal.

Submissions are welcomed on the proposed bylaw changes. You can fill out an online submission form here otherwise use one of the other methods to get your submissions to us.

The Rotorua Lakes Council has 13 bylaws. These are rules made by the Council that affect and regulate certain activities in the community. They cover health, safety and a range of environmental issues.

Every few years the Council is required by the Local Government Act 2002 (‘LGA 2002’) to review its bylaws.

The Council has undertaken a review of the Water Services and Trade Waste Bylaw 2010. It is proposing one amendment to this Bylaw as set out in this Statement of Proposal.

Submissions are welcomed on the proposed bylaw changes. You can fill out an online submission form here otherwise use one of the other methods to get your submissions to us.

Consultation has concluded - Report being prepared for Council consideration.
  • How can I have my say?

    over 2 years ago

    The Council must use the special consultative procedure when making or amending a bylaw. Section 83(1)(a) of LGA 2002 requires the Council to prepare a Statement of Proposal. Section 86(2) requires the Statement of Proposal to include: a draft of the bylaw as proposed to be made or amended and the reasons for the proposal; and a report on the relevant determinations by the Council under section 155 of the LGA 2002.

    You can submit your opinions online via an electronic submission form on the Council website. You may post or fax submissions to the Council. You also need to...

    The Council must use the special consultative procedure when making or amending a bylaw. Section 83(1)(a) of LGA 2002 requires the Council to prepare a Statement of Proposal. Section 86(2) requires the Statement of Proposal to include: a draft of the bylaw as proposed to be made or amended and the reasons for the proposal; and a report on the relevant determinations by the Council under section 155 of the LGA 2002.

    You can submit your opinions online via an electronic submission form on the Council website. You may post or fax submissions to the Council. You also need to indicate whether you wish to appear in person before the Council to speak in support of your submission.

    How to get your submission to us:

    Online: Fill out the form here

    Email to: submissions@rotorualc.nz

    Fax: 07 346 3143

    Post to: Rotorua Lakes Council, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046

    The submission period runs from 30 March to 1 May 2017.

    Submissions on the Bylaw and the proposed amendment are available to the public and the media. This includes your personal information. All submissions will be acknowledged. Submitters who wish to speak to their submission will be advised of a day and time for their verbal hearing when their submission is acknowledged.

    For further information on the bylaw, please phone the Council on 07 348 4199 or email us at info@rotorualc.nz

  • Review of the Water Services and Trade Waste Bylaw 2010

    over 2 years ago

    The purposes of the Water Services and Trade Waste Bylaw 2010 are to protect water quality, protect public health and safety, protect the Council’s water infrastructure investments, ensure an equitable share of costs among users, clearly define the obligations of owners, occupiers and the public in relation to Council’s water infrastructure and ensure legislative compliance.

    The Water Services and Trade Waste Bylaw 2010 has been in place for many years and replaced an earlier Water Services and Trade Waste Bylaw 2004.

    The purposes of the Water Services and Trade Waste Bylaw 2010 are to protect water quality, protect public health and safety, protect the Council’s water infrastructure investments, ensure an equitable share of costs among users, clearly define the obligations of owners, occupiers and the public in relation to Council’s water infrastructure and ensure legislative compliance.

    The Water Services and Trade Waste Bylaw 2010 has been in place for many years and replaced an earlier Water Services and Trade Waste Bylaw 2004.

  • What you need to know

    over 2 years ago

    It is proposed to remove Rule 19.2.2.2 of the Bylaw which provides that "… all new residential subdivisions in the Rotorua Urban Water Supply area will be metered and subject to volumetric charges for that supply."

    This will bring the Bylaw into line with current Council policy, which is not to require water metering.

    It is proposed to remove Rule 19.2.2.2 of the Bylaw which provides that "… all new residential subdivisions in the Rotorua Urban Water Supply area will be metered and subject to volumetric charges for that supply."

    This will bring the Bylaw into line with current Council policy, which is not to require water metering.

  • Relevant Legislation

    over 2 years ago

    The Council is able to make and amend bylaws concerning water supply and trade wastes under section 146 of the LGA 2002.

    Section 160 of the LGA 2002 requires that the Council must review a bylaw by making the determinations required by section 155.

    Section 155(1) of the LGA 2002 requires, before commencing the process for making or amending a bylaw, a determination as to whether a bylaw is the most appropriate way of addressing the perceived problem. Section 155(2) of the LGA 2002 states that, if it is determined that a bylaw is the most appropriate way...

    The Council is able to make and amend bylaws concerning water supply and trade wastes under section 146 of the LGA 2002.

    Section 160 of the LGA 2002 requires that the Council must review a bylaw by making the determinations required by section 155.

    Section 155(1) of the LGA 2002 requires, before commencing the process for making or amending a bylaw, a determination as to whether a bylaw is the most appropriate way of addressing the perceived problem. Section 155(2) of the LGA 2002 states that, if it is determined that a bylaw is the most appropriate way of addressing the perceived problem, it must be determined, before making the bylaw, whether the proposed bylaw is the most appropriate form of bylaw. Section 155(3) of the LGA 2002 requires that no bylaw may be made which is inconsistent with the New Zealand Bill of Rights Act 1990, notwithstanding section 5 of that Act.

    In addition, when a Council makes or amends a bylaw, it needs to take into account the general law that applies to bylaws as set out in the Bylaws Act 1910. There are four general requirements for a valid bylaw. These are: an Act of Parliament must empower the Council to make the bylaw (authority); the bylaw must not be repugnant to the general laws of New Zealand (repugnancy); the bylaw must be certain (certainty); and the bylaw must be reasonable (reasonableness).

    Although a bylaw cannot be inconsistent with existing statutory provisions, provided it remains within the scope of the statutory power authorising the Council to make a bylaw, it can bring together in one document a range of powers, duties, and prohibitions that are otherwise scattered throughout various statutes.

    A bylaw can provide residents with easy access to a comprehensive account of their duties and the Council with a cost effective enforcement mechanism to deal with the large number of complaints it receives as a result of a nuisance on private land.

    In addition, every decision of a local authority must be made in accordance within the provisions of sections 77, 78, 79, 80, 81 and 82 of the LGA 2002. Section 77 requires the Council to identify all reasonably practicable options for the achievement of the objective of a decision, and to assess those options by considering a number of matters set out in section 77(1)(b). These matters include: the costs and benefits of each option in terms of the present and future interests of the district; and the extent to which each option would promote or achieve community outcomes in an integrated and efficient manner; and the impact of each option on the Council’s capacity to meet present and future needs in relation to any statutory responsibility; and any other matters, that in the opinion of the Council are relevant.

    Section 78 sets out the requirement to consider the views and preferences of persons likely to be affected by, or to have an interest in, a matter. Section 79 whilst giving the Council discretion about how best to achieve compliance with sections 77 and 78 requires the Council to consider the significance of all relevant matters, including those set out in section 14 of the Act.