Bylaw 211 Reserves Bylaw

1 TITLE

The title of this bylaw is the ‘Reserves Bylaw 2014’.

2 COMMENCEMENT AND REVIEW DATE

The bylaw came into effect on 17 July 2014 and will be reviewed by 1 July 2019.

3 PURPOSE

The purpose of the bylaw is to manage activities which may impact on other users of reserves, to ensure public safety and to avoid damage to reserves.

4 OTHER RELEVANT LEGISLATION, BYLAWS AND RELATED DOCUMENTS

The listed legislation, bylaws and management plans are also relevant to the management of reserves.

• Reserves Act 1977
• Local Government Act 2002
• Freedom Camping Act 2011
• Litter Act 1979
• Land Transport Act 1998
• Resource Management Act 1991
• Nelson Resource Management Plan
• Nelson City Council Land Development Manual 2010 (section 12)
• Control of Dogs Bylaw 2013 (No. 221)
• Trading in Public Places Bylaw 2007
• Control of Drinking in Public Places Bylaw 2003 (No. 206)
• Parking and Vehicle Control Bylaw 2011 (No. 207)
• Conservation and Landscape Reserves Management Plan
• Esplanade and Foreshore Reserves Management Plan
• Saxton Field Reserve Management Plan
• Rutherford and Trafalgar Parks Reserves Management Plan
• Tahunanui Reserves Management Plan
• Haven Holes Esplanade Reserve Management Plan

5 DEFINITIONS

Authorised officer means any member of the staff of the Council, a Police Officer or any other person appointed by the Council to act on its behalf and with its authority.
Council means Nelson City Council.
Motor vehicle has the same meaning as in the Land Transport Act 1998.
Network utility has the same meaning as in the Resource Management Act 1991.
Reserve means any land which is owned by or under the control of the Council and which is set aside for public enjoyment as a reserve, park, garden or open space. It does not include road reserve.

6 MOTOR VEHICLE USE

6.1 No person shall, without the prior permission of an authorised officer, drive a motor vehicle in excess of 20km/h in a reserve.

6.2 No person shall drive, ride or park any motor vehicle on any area of any reserve except:
- on those areas developed and/or set aside specifically for that purpose, or
- where signs or markings indicate that motor vehicles are permitted, or
- at the direction or with the permission of any authorised officer.

7 HAZARD OR DAMAGE

7.1 No person is permitted to undertake any activity in any reserve which causes, or is likely to cause, a hazard to users of the reserve or damage to any part of the reserve or any structure on a reserve.

8 GOLF

8.1 No person shall practice or play golf on any area of any reserve other than on the Waahi Taakaro Golf Course and the designated area in Neale Park.

9 ACTIVITIES REQUIRING PERMISSION

9.1 Permission to undertake the following activities in reserves can be granted, but they do require the written permission of Council:
- use of chainsaws or other tree felling implements
- taking of rocks, minerals and sand
- possession of firearms of any kind or the killing of any animals, including shooting of game birds and control of animal pests. This includes the use of traps and toxins
- planting, spraying or removal of vegetation
- grazing of livestock
- landing of recreational motorised aircraft
- placing or erection of memorials including plaques.

9.2 Any permission given under this Bylaw may be subject to such terms and conditions as Council sees fit, and may be revoked at any time where those terms and conditions are not complied with.

10 RESPECT FOR OTHER USERS

10.1 No user of any reserve shall impact on the safety and legitimate enjoyment of the reserve by others. In addition to any other action which may be initiated, anyone who does not comply with this requirement may be requested by an authorised officer to leave the reserve.

11 PUBLIC ACCESS TO RESERVES

11.1 No person shall enter or remain in any reserve during any time that the Council has determined that the reserve should be closed to the public. Reasons for access restrictions include fire risk, health and safety, and ecological restoration.

12. EXEMPTIONS

12.1 Nothing in this bylaw shall prevent authorised officers from carrying out activities in reserves.

12.2 Nothing in this bylaw shall prevent Iwi from carrying out activities in reserves which are provided for in any Deeds of Settlement between Iwi and the Crown.

12.3 Nothing in this bylaw shall prevent the operation, maintenance, development, and upgrading of network utilities where this is otherwise permitted or approved by the Council or other legislation.

13. BREACH OF BYLAW

13.1 Any person who breaches this Bylaw must, on request by an authorised officer, immediately stop the activity, and leave the reserve if requested by the authorised officer to do so.

13.2 Any person failing to promptly comply with a request under sub clause 13.1 commits a further offence against this Bylaw.

14. PENALTIES

14.1 Any person convicted of an offence against this bylaw is liable to a fine not exceeding $20,000.