Activities in the Road Corridor Bylaw 2022
Auckland Transport (AT) is proposing this new bylaw to consolidate five former bylaws which cover the regulation of special activities on the roads throughout Tāmaki Makaurau. The five incorporated bylaws are all either expired or situated to do so in 2022:
- Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015
- Rodney District Council General Bylaw 1998 (chapter 6: stock on roads)
- Franklin District Council Livestock on Roads Bylaw 2010
- Trading and Events in Public Places Bylaw 2015
- Public Safety and Nuisance Bylaw 2013
We determined that a single bylaw encompassing all activities in the road corridor will make it easier for members of the public to find information about regulations, and for AT to regulate activities in a consistent and appropriate way. This is also an opportunity to account for recent emerging developments in transport, so that we can future-proof our regulations.
For this public consultation we are focusing our efforts on engaging with businesses and individuals who may be directly impacted by the proposed changes. You may have already heard from us, and we encourage you to spread this information to other people who may be interested.
We are seeking industry insights and understandings of impact to ensure the final bylaw is fit for purpose and responds adequately to your needs and concerns.
To do this well, our public engagement and consultation has three components: Online live Q&A sessions, industry specific focus groups, and a digital feedback survey. In light of covid-19, this engagement will be conducted digitally in its entirety. Follow the links below for more information.
Industry focus groups
Focus group sessions for Construction and Traffic Management (15 February), Filming and Events (15 February), Trading (17 February), and Livestock (25 February) have been completed. Thank you to everyone who attended these sessions.
We will be holding a hearings panel for the proposed bylaw on Friday March 11. If you have made a submission on the proposal and are interested in speaking to the panel, please email ATengagement@at.govt.nz by Friday 5 March to be allocated a timeslot.
If you did not submit (or did and do not want to speak) and would like to listen in, you are welcome to do so.
When developing the proposed Bylaw, our goals were:
- To create a consolidated bylaw document that was easier to follow and understand when compared to the five bylaws it would replace. We did this by consolidating and restructuring the Parts and sections to be more cohesive and logical
- To update sections or write new sections as appropriate to reflect current practice and future changes we anticipate regarding the function of the transport network (including consideration of e-scooter hire schemes and electric vehicle charging)
- To allow the ability for AT to reasonably intervene (for example by revoking approvals or taking enforcement action) when poor practice has been followed or a risk to public safety has been identified.
Where possible we aimed to keep existing requirements the same or similar; significant changes or disruptions to the rules regulating activities in the road corridor were not intended. Some changes are necessary to help us regulate activities appropriately and maintain a safe and efficient transport network.
During the development phase we gathered feedback from a wide range of subject matter experts across Auckland Transport and Auckland Council. We reached out to Local Boards, Council Advisory Panels and Mana Whenua across the Auckland region to offer information and invite feedback.
Reading the proposed Bylaw
The proposed Bylaw is in several Parts. We would like to note that the Parts are not necessarily direct adoptions of the former bylaws. This is because some of those bylaws were for specific districts and inline with our goals, we aim to consolidate our regulations and avoid fragmentation. Below is a summary of Parts.
|Preliminary provisions||Preliminary Provisions Defines the scope and purpose of this bylaw and contains definitions used throughout the bylaw.|
|General provisions||Describes restrictions and approval procedures. It is noted that some aspects of the Public safety and nuisance bylaw 2013 now sit within General Provisions, while other aspects are now covered in Auckland Council bylaws instead of Auckland Transport bylaws.|
|Part 1: Construction works||Construction Works Regulates works and activities in, on, under or above the road corridor undertaken by anyone except utility operators.|
|Part 2: Street damage||Defines requirements for street damage inspection fees and processes.|
|Part 3: Road Surface, Airspace and Subsoil Encroachment||Approval requirements for encroachments, and the conditions and maintenance requirements that apply.|
|Part 4: Vehicle Crossings||Regulates when a vehicle crossing is required and the requirements for approval and maintenance of vehicle crossings.|
|Part 5: Livestock on roads||Regulates the location or movement of livestock on roads, including when approval is required and the manner of movement and management of livestock.|
|Part 6: Trading, events or filming in the road||Intended to complement the Auckland Council Trading, Events and Filming in Public Places Bylaw 2022 and describe the requirements related to these activities when they occur fully or partly within the road corridor.|
|Part 7: Fees and charges||States Auckland Transport’s ability to prescribe fees and charges by resolution in accordance with the Local Government Act 2002.|
|Part 8: Offences and penalties||Describes when Auckland Transport may take action and apply penalties for failure to comply with approvals issued under the proposed Bylaw, and when statutory powers may be used to enforce the Bylaw.|
|Part 9: Revocation, savings and transitional agreements||States which bylaws are revoked on commencement of the proposed Bylaw and how approvals made under those bylaws are transitioned when that occurs.|
A note for part 5: livestock on the roads
We have received a lot of feedback from the rural community already and would like to clarify some details for everyone’s understanding. For the movement of livestock on the road the proposal has two regulatory pathways. First is to move stock in compliance with CoPTTM Section I-5.
If the circumstances of your stock movement are outside the scope of CoPTTM, you may apply for a permit through AT. This permit, either one-off or ongoing, would allow you move stock under negotiation perimeters, depending on your situation. See the below diagram:
It is important to remember that currently nothing is set in stone. The aim of this consultation process is to gather your feedback so we can ensure the bylaw will function correctly for its intended use. You know best what is feasible for you in your industry, that’s why we need to hear from you. We have no intention of complicating processes. Quite the opposite, we aim to streamline our regulatory approach to enable everyone to work with greater efficiency and increased safety.
Relation to other AT bylaws
The proposed Bylaw would join a range of AT bylaws which are currently in effect. These bylaws are not a part of this project; however, each will be reviewed at an appropriate time. Of particular note is the Traffic Bylaw 2012 which will be reviewed in 2022.
|Traffic bylaw 2012||Traffic Bylaw 2012 Regulates traffic and parking on Auckland’s transport network. To be reviewed in 2022||To be reviewed in 2022.|
|Election signs bylaw 2013||Regulated election signs to be displayed on particular public sites, or on vehicles on private land.||Auckland Council consulted to merge and update the Election Signs and Signage Bylaws in 2021.|
|Signage bylaw 2015||Regulates signage (except for election signage) in order to manage the effects on vehicle and pedestrian safety in Auckland.||The Signage Bylaw 2022 is scheduled to become operative in April 2022.|
|Speed limits bylaw 2019||Allows AT to select speed limits on approximately 700km of roads identified as posing safety risk to people.||Operative|
Have your say, we're listening
We encourage you to take some time to review this material and discuss it with colleagues or peers.
After collecting your feedback, we will:
- Read and take into consideration every piece of feedback provided.
- Consider whether the changes proposed should go ahead or be adjusted in any way.
- Make recommendations to the AT Board on the proposed changes based on the consultation feedback received. The AT Board will decide whether to go ahead with the changes as proposed or adjusted in any way.
- Publish a public feedback report which summarises everyone’s feedback and provides information on the next steps. We expect this will be published in the first quarter of 2022. If you provide your contact details when you give us feedback, we will notify you when the report is available.
To make sure this Bylaw can appropriately serve Auckland, we need your feedback. We are open to your thoughts and insights on any or all parts of the proposal. As always, please contact us if you have any questions.