Contents
1. Purpose
The purpose of this part of the Wellington City Consolidated Bylaw is to present provisions that are common to all parts of the Consolidated Bylaw or are not already in a component part and need to be included in a bylaw to be given effect.
This part of the Wellington City Consolidated Bylaw is made pursuant to Part 8 of the Local Government Act 2002. This part was adopted and came into force on 1 July 2008 and amended on 1 March 2020.
2. Interpretation
2.1 The title of this Bylaw is ‘Wellington City Consolidated Bylaw’.
Note: The term ‘this Bylaw’ is used to refer to all component parts of the Wellington City Consolidated Bylaw, Parts 1 to 10.
2.2 The Interpretation Act 1999 applies to this Bylaw.
2.3 In this Bylaw, unless the context otherwise requires:
Council means the Wellington City Council.
District means the City of Wellington as defined from time to time under the procedures set out in the Local Government Act 2002.
Owner has the meaning given by the Local Government Act 1974.
Person has the meaning given by the Interpretation Act 1999 and may refer to an individual or a business.
Public place means any place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge; and whether an owner or occupier of the place is lawfully entitled to exclude or eject any person from that place, and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.
Rates Records means the rates records of the Council kept pursuant to the Local Government (Rating) Act 2002.
Road has the meaning given by the Local Government Act 1974.
3 Fees, waivers, forms and processes
3.1 The Council may by resolution prescribe or vary, any fee in respect of any matter provided for in this Bylaw.
3.2 The Council may refund, remit or waive any fee prescribed by this Bylaw or charge payable for a certificate, authority, permit or consent from, or inspection by, the Council, for any reason it thinks fit.
3.3 The Council may prescribe the form of, and process to be followed for, any application, certificate, licence permit or other document, which is required under this Bylaw. These forms and processes may be altered or amended at any time.
3.4 An application to the Council can be made to waive full compliance with any provision of this Bylaw on the basis that it would needlessly injure or affect any person, the operation of any business, or cause loss or inconvenience to any person, without any corresponding benefit to the community.
3.5 On receipt of an application under clause 3.4, the Council may waive the strict observance or performance of any provision of this Bylaw and impose such other terms or conditions consistent with the intention and purpose of the Bylaw as the Council may think fit.
4 Removal of works in breach of bylaws and recovery of costs
4.1 The Council may remove or alter any work or thing constructed in contravention of any provision of this Bylaw.
4.2 The Council may recover from any person responsible for the construction, or permitting the continued existence of any such work or thing, all costs incurred in connection with any removal or alteration.
4.3 The exercise of clause 4.1 shall not relieve any person from liability for constructing or permitting the continued existence of any such work or thing.
Note: Local Government Act 2002 enforcement powers include: court injunction (section 162), seizure and disposal of property (sections 154, 165, 168), powers of entry (sections 171, 172, 173) and power to request name and address (section 178).
5 Offences
5.1 Every person commits an offence against this bylaw who damages, destroys or defaces (or has in his or her possession without authority from the Council) any property, article or thing belonging to the Council or under its control.
6 Continuing offences
6.1 The continued existence of any work, building, land, premises or thing in such a state or form as to be in contravention of any provision of this Bylaw shall be deemed to be a continuing offence under this Bylaw.
7 Bylaws revoked
7.1 Any resolution made under the Wellington Consolidated Bylaw 1991, before this Bylaw came into force, continues in force under this Bylaw until altered or revoked by further resolution.
7.2 The Wellington Consolidated Bylaw 1991 was revoked at the time of the Wellington Consolidated Bylaw 2008 coming into force.
7.3 The revocation of existing Bylaws does not extinguish any existing cause of action.
7.4 All Bylaws revoked shall remain in force and effect so far as they relate to anything done or any offence committed, penalty incurred, prosecution or proceeding commenced, right or liability accrued, licence issued, notice given, or order made, under or against any of the provisions of that Bylaw before the coming into force of this Bylaw.
7.5 All licences issued under any revoked Bylaw shall, after the coming into force of this Bylaw, be deemed to have been issued under this Bylaw and be subject to the provisions of this Bylaw.
7.6 All Council officers appointed under or for the purpose of any revoked Bylaw, and holding office at the time of the coming into operation of this Bylaw, shall be deemed to have been appointed under this Bylaw.
7.7 All fees and charges fixed by resolution of the Council in regard to any goods, services, inspections or licences provided for in any revoked Bylaw shall apply under the corresponding provisions of this Bylaw until altered by further resolution of Council.