1. Bylaws Are they an effective regulatory tool? 4 November 2014

2. Introductions Christopher Horan, Auckland Council Team Leader Northern Incident Investigations

3. Outline of presentation Opinion Based on my experience of operating team responsible for both bylaw and RMA compliance Our experience of finding the right solution for the problem. Highlight the strengths of the different powers May criticise me for pushing the letter of the law.

4. Context Enforcement tools are like superhero's

5. Context They each have a unique power or strength

6. Context Some compliance situations will best be dealt with through the use of certain enforcement tools A certain situation lends itself to a particular power

7. Context But its only a breach of the district plan….. Have a good look at your bylaws, the are often very broad and able to be used in a variety of situations

8. Context Wellington City Consolidated bylaw –Prohibited the carrying of fire in a public place Seems harmless?

9. Context

10. Bylaw Vs RMA RMA: –Infringement notices; –Enforcement Orders; –Specialist Court.

11. Bylaws Vs RMA Bylaws: –Power to seize; –Power to remove; –Power to undertake work (works in default)

12. Bylaws Have the ability to take direct action to resolve the situation Where there is a physical structure that represents the “offence” that can be removed quickly, cheaply and without the need for court supported sanction.

13. Bylaws 163 Removal of works in breach of bylaws (1) If authorised by a bylaw to do so, a local authority may— (a) remove or alter a work or thing that is, or has been, constructed in breach of a bylaw; and (b) recover the costs of removal or alteration from the person who committed the breach. (2) Nothing done under subsection (1) or in a bylaw referred to in that subsection relieves the person who committed the breach from any other liability for the breach of the bylaw.

14. Bylaws 164 Seizure of property not on private land (1) An enforcement officer may seize and impound property that is not on private land if— –(a) the property is materially involved in the commission of an offence; and –(b) it is reasonable in the circumstances to seize and impound the property; and –(c) before seizing and impounding the property, the enforcement officer— (i) directed (orally or in writing) the person committing the offence to stop committing the offence; and (ii) has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has power to seize and impound the property; and (iii) provided the person with a reasonable opportunity to stop committing the offence.

15. Bylaws 165 Seizure of property from private land (1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising an enforcement officer to enter private property involved in the commission of an offence, and seize and impound property.section 3 issuing officer means— (a) a Judge: (b) a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108section 108

16. There is a limit

20. Are they an effective tool? Yes! They have their use; They have their place; They have their super power