A robust legal review of this module was undertaken in November 2019 and as a consequence has been updated.
Since the last review, the only changes to the bylaw provisions in the Local Government Act 2002 have been to take into account the effect of the Food Act 2014 (some provisions came into force on 1 March 2016) and the Fire and Emergency New Zealand Act 2017.
The amendments brought about by the Food Act are to provide for resolving any inconsistencies between a bylaw and the Food Act, and regulations, standards, notices and directions given under that Act.
With the introduction of the Fire and Emergency New Zealand Act, territorial authorities' powers to make bylaws to prevent the spread of fires involving vegetation have been repealed and section inserted to provide a simplified process for amending and revoking relevant fire bylaws, resolving any inconsistencies with the Fire and Emergency NZ Act and stating that a territorial authority must not make a bylaw that is inconsistent with the Act (section 152B).
Please note: The process for development of a bylaw for alcohol control purposes follows the same process as development of any proposed bylaw, however there are additional matters that must be considered under Sections 147 and 147A of the Local Government Act 2002. The importance of Section 155 in outlined in this process. Readers are advised to refer to Flow Diagram 19 - Bylaws for Alcohol Control Purposes, in the Alcohol Regulation Module.
- Issue Identification
- Determining the Scope of the Bylaw
- Issue resolution Without Using Bylaws
- Consideration of a New or Amended Law
- Creation of a Draft Bylaw
- Consultation – Bylaws
- Deliberation on Submissions/Feedback (Consideration and Decision)
- Council Approval
- Bylaw Reviews
- Storage and Availability