Department of Internal Affairs “Are bylaws an effective regulatory tool?” Environmental Compliance Conference 2014

Department of Internal Affairs What we know Bylaws authorised by statute – LGA, Bylaws Act and subject area legislation – LGA powers cover public nuisance, health and safety, and offensive behaviour Most bylaws made under subject area statutes, i.e. Land Transport Act

Department of Internal Affairs Bylaws used to control or modify the behaviour in the interest of a wider public benefit (NZ Productivity Commission 2013) To be justified, they need to be necessary and in the wider public interest

Department of Internal Affairs Bylaw issues – Quality – Consistency – Accessibility and public understanding NZ Productivity Commission recommended better bylaws through guidance materials and lifting practice

Department of Internal Affairs Number of notices issued 2.7 million 654, , Enforcement – the big picture Infringements are a tool for enforcing bylaws The use of infringement fines across a regulatory system has grown significantly in New Zealand

Department of Internal Affairs Discussion questions Is this growth a concern? Does this show the more people are being inappropriately caught in the ‘net’? Does it show that infringements are an efficient and effective enforcement tool?

Department of Internal Affairs Infringements not suited to all offences An infringements are best suited for those offences that— – strict liability offences that are committed in large numbers; and – involve misconduct that is generally regarded as being of comparatively minor concern by the general public; and – involve acts or omissions that involve straightforward issues of fact The fee should generally be less than $500 (Legislation Advisory Committee)

Department of Internal Affairs 2013: infringement regime for enforcing alcohol control bylaws – Breaches of alcohol control bylaws accounted for over 98% of LGA bylaw proceedings ( ) : infringement regimes made for breaches of navigation safety bylaws 2011: Freedom Camping Act infringement offences Local government bylaws part of growth of infringement offences Image: Wellington City Council

Department of Internal Affairs LGA bylaw enforcement General LGA bylaws must be prosecuted through the courts The LGA allows regulations to prescribe breaches of LGA bylaws that are infringement offences Image: Ministry of Justice

Department of Internal Affairs These provisions haven’t been used, they aren’t really workable for the government or councils They aren’t workable because they require separate regulations for each infringement offence and council – Reason for separate Freedom Camping Act Image: Department of Conservation

Department of Internal Affairs Discussion questions Are there new, emerging and more effective ways of control or modify behaviour and enforcing rules? Does the level of non-compliance with general LGA bylaws warrant legislation changes to allow infringements more broadly? How can we be sure that the use of infringements is appropriate and justified? “If you have ten thousand regulations you destroy all respect for the law.” ― Sir Winston S. Churchill He was arguing against the increasing regulations of industry and commerce by the postwar British Government ( ) Image:

Department of Internal Affairs