Draft Explanatory Bylaw Review 2022

The Manawatū District Council (“Council”) seeks feedback on the draft Explanatory Bylaw 2022. Your feedback will help inform the drafting of a new bylaw that will replace the expired Explanatory Bylaw 2014.

This is an administrative bylaw that applies to all Council’s Bylaws. It includes common definitions as well as processes and powers for bylaws.

The new bylaw is largely a continuation of the 2014 Bylaw, with some key differences, as follows:

1. The definition of “animal” includes dogs

   This change means that any reference to “animal” in any of Council’s bylaws will include dogs, unless the clause specifically excludes them. This change will be beneficial for those bylaw clauses where it appears the intention was always to include dogs. However, the change creates duplications between the Public Places Bylaw 2020 and the Dog Control Bylaw 2019 in relation to wandering dogs and the control of dogs in public places. Minor amendments are proposed to the Public Places Bylaw to address these duplications (refer to Table 3 in Appendix 3 of the Statement of Proposal).

2. Clauses that duplicate legislation have been removed

   Clauses that relate to powers to make bylaws, powers of entry and penalties for breach of a bylaw have been removed. As these powers already exist in legislation it is unnecessary to repeat them in the bylaw.

3. Clauses that relate to delegation of functions under Bylaws have been removed

   Powers to delegate functions under Bylaws and to appoint enforcement officers are already provided for in the Local Government Act 2002. It is not necessary to repeat them in the bylaw.

4. Clauses relating to licenses, permits and approvals under bylaws have been simplified

   Clauses that duplicate equivalent clauses in Council’s individual bylaws have been removed to simplify the Explanatory Bylaw.

5. Controls relating to the repair and removal of works constructed contrary to a bylaw have been altered to better align with the Local Government Act 2002