FAQs - Public Places Bylaw
- activities on footpaths, berms, road reserve, and obstructions such as skip bins
- camping, including freedom camping
- Trading on public places, including coffee carts
- street appeals and buskers
- skateboarding
- e-scooters – operators and users alike
- stock crossings and stock on public places
- prohibits smoking in certain places by incorporating the Smokefree Outdoor Public Places Policy.
- nuisances that take place in private places i.e. animal nuisance or excessive noise in other people’s homes
- activities approved via resource consent and/or permitted under our District Plan
- network utility providers in our road corridor if they have appropriate permission
- behaviour of dogs on public land (handled via Dog Control Policy and Bylaw)
- activities in places managed under the Reserves Management Plan/Reserves Act – these are covered by the Reserves Bylaw.
- To enforce against those who use our public spaces in a way that harms or nuisances other users
- As a basis to manage potentially nuisance-causing activities in public spaces by issuing permits
What public places does the bylaw manage?
The table below sets out what the bylaw does and does not manage.
Includes | Doesn’t include |
How is the bylaw used in relation to rough sleepers?
The bylaw is one of many tools we use – it is used sparingly and only when needed, as opposed to being used in a strict manner. In practice, we use a holistic approach to managing rough sleepers – we are aware that using the bylaw to move people on does not address the root causes of why someone may end up unhoused. We work in partnership with Police and specialist social service agencies to ensure any unhoused people on our public places are best supported.
How will the change of definition in the Freedom Camping Act be applied?
The bylaw will be updated to reflect the new legislative definition of freedom camping and homeless. However, this does not impact on the operation of the current bylaw.
The bylaw is drafted in a way that it allows Council to move people on if they are ‘camping’. The definition of camping is staying in a public place without our permission, whether unhoused or not.
What about move-on orders?
The Government’s move-on orders have not yet been introduced (at time of writing). If passed, they do not give Council any powers to move unhoused people on; these powers are only for the Police.
Does this mean we will change our approach to rough sleepers?
The proposed changes to the bylaw and the proposed move-on orders do not change our current approach. We will continue to work with the person and specialist agencies as needed to ensure they are well-supported and have access to social services.
What can the bylaw do in relation to homelessness?
The bylaw is a blunt regulatory tool that is very black and white in nature. While it can be used to stop people from doing things like causing a nuisance or camping out on public land, it does not have the ability to address the various and very personal reasons why someone may end up unhoused. If we were to use the bylaw strictly, it would result in alienating the most vulnerable members in our community and would not work to meaningfully address the reasons someone is unhoused.
How do Council use the bylaw?
We use the bylaw in two ways:
As with most of our bylaws, the bylaw is enforced using a complaints-based model. We don’t have the resources to actively look for offences, so we rely on complaints to alert us to anything going on.
Can Council use this bylaw to create or reduce freedom camping sites?
Technically the bylaw allows people to stay on public land if allowed by Council. However, we cannot create or modify freedom camping sites on reserve land as the bylaw does not apply to the management of reserves land. Our current freedom camping sites are set via the Reserves Management Plans, which is a separate document with its own consultation process. This bylaw complements the Reserves Management Plans by prohibiting camping where it has not been explicitly allowed.
What would happen if we didn’t have a bylaw?
We would rely on landowner consent to issue permissions for access or use of public land. We would need an alternative method of resolving nuisance issues caused on public land.
How are the proposed changes likely to affect local businesses?
The proposed changes to the bylaw are unlikely to affect the process for approving trading on public places. We consider the permitting process is currently working as intended under the bylaw, but we are open to hearing feedback on whether anything should change.