Explanatory note: Part 1 of the Bylaw deals in general with the definitions and interpretation of the terms of the Bylaw, including in particular offences and breaches of the Bylaw. It contains a number of terms which are used throughout the Bylaw, although some parts contain definitions which are specific to that part.
1.1 General definitions
These definitions apply to all parts of the Bylaw, unless the context indicates otherwise or unless there is a specific definition which applies to that part:
Act - the Local Government Act 1974.
Building - the same meaning as in the Building Act 1991.
Bylaw - the North Shore City Bylaw 2000 or any part of it.
District - the district of North Shore City as it is defined in the Act.
District plan - any plan or proposed plan as defined in the Resource Management Act 1991 which applies to the District.
Motor vehicle - the same meaning as in the Land Transport Act 1998.
Occupier - the occupier of any premises, and if premises are unoccupied, includes the owner.
Officer - one of our employees or contractors with delegated authority from us to act on our behalf in relation to the Bylaw, or a sworn member of the police in terms of the Police Act 1958.
Owner - any person who is entitled to receive the rack rent of any land or premises, whether on his or her own account or as agent or trustee for any other person, or who would be so entitled if it were let, and includes any person registered under the Land Transfer Act 1952 as proprietor of the land or premises.
Premises - any land, residence, building or part of any of them or any enclosed space which is separately occupied; any land, residence, building or enclosed space which adjoin each other and are occupied together will be treated as being the same premises.
Public notice/publicly notified - the same meaning as in the Act.
Public place - every road, footpath, court, alley, pedestrian mall, lane, accessway, reserve, park, sportsfield, recreation ground, domain, beach, river, lake, foreshore and building which is open to or used by the public as of right, and every place which the public has access to.
Residence - a house, tent, caravan, vehicle or other structure, whether permanent or temporary, and whether attached to the ground or not, used wholly or partly for human habitation, and includes the land used with the residence.
Road - the same meaning as in the Land Transport Act 1998, but excluding motorways.
Rural area - land identified for rural purposes in the District Plan.
Urban area - land which is not a rural area in the District Plan.
Vehicle - the same meaning as in the Land Transport Act 1998.
We/us/our - the North Shore City Council, including any of our committees, subcommittees, community boards, or officers who are acting under delegated authority.
Written - includes words printed, painted, engraved, lithographed or otherwise traced or copied, or electronically transmitted and "writing" has a corresponding meaning.
You/your - the person who, according to the context:
(a) is carrying out or has carried out the activity;
(b) causes or has caused the activity to be carried out;
(c) owns, leases or occupies land or premises on which some building, material or thing is situated;
(d) owns or is in control of some building, material or thing;
(e) takes or wishes to take a supply of any good or service;
(f) wishes to make an applicationholds a licence; or
(g) is otherwise affected by the Bylaw.
1.2 General interpretation provisions
1.2.1 An obligation not to do a thing includes an obligation not to allow, permit or cause that thing to be done.
1.2.2 A person includes an individual, a firm, a body corporate, an unincorporated association, or any state, government or local authority.
1.2.3 A word which refers to the singular includes the plural, and the plural includes the singular.
1.2.4 A reference to a statutory provision includes any statutory provision which amends or replaces it, and any regulations, rules or other subordinate legislation made under it.
1.2.5 The Bylaw is divided into parts (for example part 1: General Provisions), and clauses (for example clause 1.2 or clause 1.3.1).
1.2.6 The explanatory note at the commencement of each part of the Bylaw, and any notes in italics within the Bylaw, are not part of the Bylaw, but are intended to further explain the contents of the Bylaw and provide references to other documents.
1.3 How we may serve notices
1.3.1 We may serve any notice on you by:
(a) delivering it to you personally;
(b) sending it to you by messenger; or
(c) sending it by registered post to your last known place of residence or business. The notice will be sent so as to arrive in the normal course no later than when the notice is required to be served.
1.3.2 If you are away from New Zealand, the notice may be sent to your agent instead of you.
1.3.3 If we do not know your name or address, and you have no known agent in New Zealand, and the notice relates to any land or building, we can give the notice to the occupier or, if there is no occupier, we can put it on a conspicuous part of the building or the land, without naming the occupier or the owner in the notice.
1.3.4 If you die we can send the notice to your legal personal representative or executor.
1.4 What our officers can do
1.4.1 Any of our officers who holds a delegated power from us can:
(a) issue an order, notice or licence under the Bylaw on our behalf, or
(b) do anything else on our behalf which we have the power to do under the Bylaw.
1.5 Suspending or revoking licences
1.51 We may by resolution revoke your licence if you are convicted of any offence which we believe is relevant to your suitability to hold the licence.
1.5.2 If we reasonably believe that:
(a) you have acted in breach of the Bylaw or your licence or
(b) you are unsuitable to hold your licence,
we may require you, on notice, to attend a hearing to explain why your licence should not be revoked or suspended, and if either:
(a) you do not attend that hearing; or
(b) after the hearing, we are satisfied that you have been in breach of the Bylaw or the licence or are unfit to hold the licence, we may revoke or suspend the licence at our discretion.
1.5.3 If we are satisfied that you are the licensee of any premises:
(a) which have been or are being used for any purpose not allowed for in the licence, or
(b) which have fallen into disrepair, or are not being maintained in the condition required by the licence, or
(c) in respect of which the requirements of the Bylaw are being breached, we may require you to attend a hearing at which we will decide the matter in the same way as set out in clause 1.5.2.
1.5.4 If one of our officers declines your application for a licence, or suspends or revokes your licence, you may apply to our committee which deals with that part of the Bylaw for the matter to be reconsidered.
1.6 What we may resolve to do and what conditions we may impose
1.6.1 If the Bylaw authorises us to do anything on passing a resolution, we may alter or revoke any decision we make by a subsequent resolution.
1.6.2 If any part of this Bylaw prohibits you from doing anything without our written consent, approval, permission, or licence, we may require you to comply with certain conditions, including conditions that you must:
(a) do something in a certain way;
(b) do something within a certain time; and/or
(c) pay a fee.
1.6.3 If you do not comply with any conditions which we impose, you will be in breach of the Bylaw.
1.7 How you may be in breach of the bylaw
1.7.1 You will breach the Bylaw and commit an offence if you:
(a) carry out any activity without a licence, permission or approval from us, if the Bylaw requires you to obtain a licence or approval;
(b) do anything or allow anything to be done which is contrary to the Bylaw or which the Bylaw requires you not to do;
(c) fail to do, or knowingly allow to remain undone, anything which you ought to have done within the time or in the manner required by the Bylaw;
(d) allow any state of affairs to exist contrary to anything in the Bylaw;
(e) fail to comply with any notice given to you under the Bylaw; or
(f) obstruct or hinder any of our officers in performing any duty or in exercising any power under the Bylaw.
1.7.2 Any condition or term of a consent, notice, approval, permission or licence given under the Bylaw will be treated as being a requirement of the Bylaw.
1.8 Penalties
1.8.1 If you breach the Bylaw, you will be liable for the penalties in section 683 of the Act, unless specific penalties are provided for in any other part of the Bylaw.
1.9 When we can remove things
1.9.1 Any of our officers may pull down, remove, or alter any building, work material or thing which has been put up or which is in breach of the Bylaw, or in breach of any notice which we have given to pull it down, remove it or alter it.
1.9.2 If you are responsible for putting up or allowing any such building, work, material or thing to remain, we can recover from you the cost of pulling it down, removing it or altering it. This does not relieve you of any liability for putting it up or allowing it to remain.
1.10 What fees we can charge
1.10.1 Where the Bylaw allows us to charge fees for any purpose, we may set or alter those fees by publicly notified resolution at any time.
1.10.2 If you are required to pay a licence fee based on an annual figure, but the period of the licence is for part of a year, then the amount of the fee will be calculated on a monthly basis.
1.11 We can waive compliance
1.11.1 If we consider that strict compliance with any provision of the Bylaw would:
(a) unnecessarily harm or inconvenience any person, or
(b) cause loss or inconvenience to any person without any corresponding benefit to the community, we may waive the strict compliance with the Bylaw, but we may impose conditions in our discretion.
1.11.2 If the Bylaw prescribes forms, any minor deviations or inaccuracies which are not calculated to mislead us will not invalidate them.
1.12 We can do work and charge you
1.12.1 Where under this Bylaw, or any consent, approval, permission, licence or notice from us, you are required to do any thing in connection with any premises or otherwise, and
(a) you fail to do so within the time specified, or if no time is specified, then within a reasonable time; or
(b) if we have advised you that the thing is urgent, you have failed to do the thing within 24 hours of our advice; we may do the thing and recover the cost from you.