Bylaws Part 1: Introductory Bylaw

3.0

Definitions

Definitions are provided at the beginning of each Bylaw for the terms used therein in that Part of the Bylaw.

4.0

Application of bylaw to the district

This bylaw hereby provides that all Bylaws of the Hastings District Council comprising any or all parts made pursuant to the bylaw-making provisions of the Local Government Act 1974, the Local Government Act 2002, and all other Acts, powers and authorities enabling it in that behalf to make bylaws shall be collectively known as the Hastings District Council Bylaws.

5.0

Licences

Any person doing or proposing to do anything or to cause any condition to exist for which a licence or approval from the Council is required under these Bylaws shall first obtain a licence or approval from the Council.

The Council may attach to any licence such terms or special terms or conditions as it thinks fit.

No application for licence from the Council, and no payment of or receipt for any fee paid in connection with such application or licence, shall confer any right, authority or immunity on the person making such application or payment and the Council shall be under no obligation to grant any such licence.

Except as may be otherwise provided in any enactment or in these Bylaws:

(a) Should it be brought to the notice of the Council either by a report from an Officer or otherwise that the holder of any licence granted hereunder;

(i) Has acted or is acting in a manner contrary to any Bylaw or in any part thereof; or

(ii) Has failed to comply with any of the conditions of such licence; or

(ii) Is in any way unfit to hold such licence;

then the Council may by notice in writing call upon him/her to appear before the Council or a Committee of the Council at a time and place stated in the notice, and show cause why his/her licence should be revoked or suspended. The Council or Committee may, if it considers the allegations correct or if there is no appearance by the holder of a licence, revoke the licence or suspend the same for as long as it may think fit.

(b) Should it be brought to the notice of the Council either by a report from an Officer or otherwise howsoever that any premises licensed under these Bylaws or any part of such premises –

(i) Have been or are being used for any other purpose than that stated in such licence;

(ii) Have fallen into a state of disrepair or are not being kept and maintained in the conditions required by such licence;

(iii) That in any other manner the Bylaws in respect to such premises are not being observed in accordance with its true intent and meaning; then the Council may by notice in writing call upon the holder of that licence to appear before the Council or a Committee of the Council at a time and place stated in the notice, and show cause why the licence in respect of those premises should not be revoked or suspended. The Council or Committee may, if it considers the allegations correct, or if there is no appearance by the holder of the licence revoke the licence or suspend the licence for as long as it may think fit.

(c) Any person whose licence has been suspended, and any premises in respect of which the licence has been suspended, shall, during the period of such suspension, be deemed to be unlicensed.

6.0

Dispensations

The Council may grant a dispensation from full compliance with any provision in these Bylaws or any other Bylaw enacted by it, or any Bylaw of a former authority in a case where the Council is of opinion that full compliance would needlessly and injuriously affect any person or business, without a corresponding benefit to the public or any section of it.

Written application for a dispensation shall be made to the Council, giving full details of the relief sought and the reasons why the relief is sought.

The Council may either refuse the application, or grant it subject to such conditions as it may consider appropriate.

7.0

Offences and breaches

Every person commits a breach of these Bylaws who:

(a) Does, or causes to be done, or permits or suffers to be done, or is concerned in doing, anything whatsoever contrary to or otherwise than as provided by these Bylaws;

(b) Omits, or neglects to do, or permits or suffers to remain undone, anything which according to the true intent and meaning of these Bylaws ought to be done at the time and in the manner therein provided;

(c) Does not cease any action which that person is required to cease under this Bylaw;

(d) Knowingly permits or allows any condition of things to exist or continue to exist contrary to these Bylaws;

(e) Fails, refuses or neglects to comply with any notice duly given to that person under these Bylaws;

(f) Obstructs or hinders any officer of the Council or other person appointed, employed or authorised by the Council in the execution or performance or attempted execution or performance of any duty to be discharged by such person under or in the exercise of any power conferred by these Bylaws;

(g) Fails to comply with any notice, or direction, or conditions contained in any licence granted by the Council.

Every person commits a breach of these Bylaws who:

(a) Having constructed, erected, affixed, provided or removed, or caused to be constructed, erected, affixed, provided or removed, any building or any part of a building, or any work, appliance, or material of any description whatsoever, contrary to, or otherwise than in accordance with, the provisions of these Bylaws; or

(b) Having omitted to construct, erect, affix, provide or remove, any work, appliance, or materials as required thereby,-

does not within a reasonable time after notice in writing has been given to that person by the Council or any officer of the Council so to do, either:

(i) Open up, lay bare, pull down, take away, or remove that building, part of a building or work, appliance, or material; or

(ii) Cause the same to be pulled down, taken away, or removed; or

(iii) Alter or replace or cause to be replaced or altered the same so as to comply with these Bylaws.

(b) The provisions of clauses 7.1 and 7.2 shall also apply to the case of any building, part of a building, work, appliance, or material that has, before the coming into force of these Bylaws, been constructed, erected, affixed, provided or removed, or omitted contrary to or otherwise than as provided by any provision of any Bylaw hereby repealed, but re-enacted, or re-enacted in substance in these Bylaws, and notice may be given and renewed in respect of any such building, part of a building, work, appliance, or material as are specified in this clause.

(b) The provisions of this clause shall not be construed to relieve any person from any penalty which he or she may have incurred before receiving such notice.

Except where it is expressly otherwise provided by any Act, any person (including a member of the Police) may lay information for an offence against these Bylaws.

Any person who in the opinion of an authorised officer of the Council is committing or has committed an offence under any of the provisions of this By-law shall if so required by such Officer desist from such offence and also upon request give his or her full name and address.

8.0

Serving of notices, documents etc

Except where otherwise expressly provided for in any Act, in any case where it is provided by these Bylaws or any Part thereof, that an order may be made upon or notice given to any person requiring that person to do or abstain from doing anything, or any notice is required by these Bylaws to be given or sent to any person, the order or notice shall be delivered to that person either personally or by sending it to the person's last known address, place or abode or business, and in the case of a company to its registered office, by messenger or by ordinary post.

If that person is absent from New Zealand, the order or notice may be sent to that person's agent instead of to that person in any manner mentioned in clause 8.1.

If that person is not known, or is absent from New Zealand and has no known agent in New Zealand, and the order or notice relates to any land or building, the order or notice, addressed to the owner or occupier of the land or building, as the case may require, may be served on the inhabitant or occupier of that property, or left with some person residing therein, or, if there is no occupier, may be put up on some conspicuous part of the land or building. It shall not be necessary in any such notice to name the occupier or the owner of the land or building.

If that person is deceased, the order or notice shall be served in any such manner as aforesaid on that person's personal or legal representative or executor.

Where an order or notice is sent by post it must be sent so as to arrive in the due course of post on or before the latest time on which the order or notice is required to be served and shall be deemed to have been served at the time when the letter would be delivered in the ordinary course of post.

9.0

Penalties

Pursuant to section 163 of the Local Government Act 2002, the Council or any officer appointed by it may, if authorised to do so, remove or alter a work or thing that is, or has been, constructed in breach of a bylaw.

The Council may recover the costs of removal or alteration from the person committed the breach all expenses incurred by it in connection with such removal or alteration, or legal process.

The exercise of this authority shall not relieve any person from liability of any penalty incurred by reason of such breach.

10.0

Officers

(b) All inspectors or other officers appointed by the Council under or for the purpose of any repealed Bylaw and holding office at the time of the coming into operation of this Bylaw shall be deemed to have been appointed under these Bylaws.

(c) Every person commits an offence against these Bylaws by impersonating any person who is charged with the administration of these Bylaws or of any aspect thereof.

(d) No civil or criminal liability shall attach to officers as a result of proper performance of authorised duties.

11.0

Fees

The Council may, by resolution publicly notified, prescribe fees for the purpose of this Bylaw.

12.0

Delegation

Council may at any time, by resolution, delegate any powers under these Bylaws to a committee of Council or a duly authorised officer or officers of Council, in accordance with the Local Government Act 2002.

13.0

Amendments

Reference in these Bylaws to any statute, regulation or Bylaw shall, unless the context requires include reference to all subsequent statutes, regulations or Bylaws made in amendment or in substitution and for the time being in force.

14.0

New technology

If, after the coming into force any of these Bylaws, any person wishes to install or use in the district any article or thing which had not been introduced into the district prior to the coming into force of these Bylaws and which, while not complying entirely with the provisions of these Bylaws, may in the opinion of the Council be properly installed and put into use, and which does not contravene the intention and spirit of these Bylaws, the Council may either generally or specifically authorise the installation and use of such article or thing, and may impose such conditions as it deems necessary.