November 2023 Bylaw consultation Trading in Public Places

Bylaw adopted

On 13 December 2023, Council deliberated on the issues raised in consultation and adopted the bylaw with two minor changes to reflect the date of adoption, and current terminology regarding food registration.

Otherwise, the purpose and intent of the Trading in Public Places Bylaw 2023 remains unchanged from the draft that was publicly consulted on and the range of trading activities to which the bylaw applies has not been changed.

The new bylaw came into effect on 1 January 2024, superseding the Trading in Public Places Bylaw 2013, and the Alfresco Dining Policy 2015. The new bylaw also contains provisions relating to trading activities on footpaths that were previously regulated by the Signs and Objects on Roads and Footpaths Bylaw 2016 (since lapsed).

The new bylaw can be viewed on Council’s website bylaws page.

Consultation closed

Consultation on the draft Trading in Public Places Bylaw has now closed. Council relies on people’s experiences and opinions to inform these documents so thank you to all who provided feedback.  

Hearings were held for those submitters who wish to speak in support of their submission on 22 November 2023. IThat the draft bylaw was presented to Council on 13 December 2023 for deliberation and adoption. We contacted all those who have indicated they would like to be kept informed of the bylaw’s progress.

Background

Council is currently reviewing the Trading in Public Places bylaw along with the Signs and Objects on Roads and Footpaths bylaw and the Alfresco Dining policy.

The three current documents contain rules regulating, managing and prohibiting activities in public spaces with an aim to protect the public from nuisance and to ensure public health and safety.

Council’s approach in reviewing these documents has been to consolidate provisions that relate to trading activity on land that Council owns or controls under one ‘Trading in Public Places Bylaw’.

Thank you to those that provided feedback through our early engagement. We are now formally consulting on the draft Trading in Public Places Bylaw and this is your opportunity to have your say by lodging a submission.

Below is a description of the bylaw, proposed changes and links to relevant documents. These documents are also available at your local Southland District Council office.

Draft Trading in Public Places Bylaw

This draft bylaw allows Council to regulate and manage trading activities including mobile trading, alfresco dining, signage and retail displays in public places which are owned or controlled by Council.

The draft bylaw contains some general conditions that aim to prevent nuisance, health and safety issues arising from trading activity in public places. The draft bylaw also has specific sections that provide provisions to regulate:

  • the level and intensity of mobile trading activity in public places,
  • the use of street dining furniture to keep streets clean, safe and not hindering pedestrian flow,
  • the placement of retail displays and signage on footpaths and berms under the control of Council.

The draft bylaw also contains general information regarding:

  • how to get approval
  • information about enforcement
  • information about penalties

Council undertook preliminary engagement earlier this year to gather information as to what the community and stakeholders view as the main issues with the existing bylaws and policy. Feedback suggested that many of the issues addressed in the existing bylaws and policy remain current and appropriate for the District today.

As a result, the draft bylaw contains many of the current provisions, along with minor updates to ensure consistency with current practice and responsibilities, with other Council documents, and to ensure that the bylaw is relevant for the District today and in the future.

Relevant documents

Download submission form to post or drop off at Council office.

Take the survey here!