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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Powers of territorial authorities to make bylaws

148: Special requirements for bylaws relating to trade wastes

You could also call this:

“Rules for making trade waste laws need special steps and approvals”

You need to follow some special steps when you want to make rules about trade wastes. Before you can make these rules, you have to send them to the Minister of Health so they can look at them.

Before you send the rules to the Minister, you need to tell everyone about your plan to make these rules. You have to do this at least 2 months before you make the rules. When you tell everyone, you need to say what kind of trade wastes the rules are about, where people can look at the rules for free, and how much it costs to get a copy. You also need to tell people that they can share their thoughts about the rules with you.

After you’ve told everyone about the rules, you need to think about what people have said about them. You also need to talk to any groups that the Minister of Health says represent the people who own or use trade premises in your area.

You have to keep a list of the names and addresses of owners or users of trade premises who ask to be on this list. You need to send them a copy of the notice about the new rules. You can take people off this list if they stop owning or using trade premises in your area, or if they ask you to remove them.

These steps don’t change anything in the Health Act 1956 or the Resource Management Act 1991. You need to follow these steps as well as the ones in section 156, but you can do both at the same time if you want.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172985.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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“Signs that tell you where you can't drink alcohol in public”

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149: Power of regional councils to make bylaws, or

“Regional councils can create special rules for their land and services”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Powers of territorial authorities to make bylaws

148Special requirements for bylaws relating to trade wastes

  1. Before making bylaws under section 146(a)(iii), a territorial authority must send a copy of the proposed bylaws to the Minister of Health for his or her comments.

  2. Before sending proposed bylaws to the Minister of Health under subsection (1), the territorial authority must, at least 2 months before the making of the bylaws, give public notice of its intention to make the bylaws, stating—

  3. the trade wastes to which the bylaws will relate; and
    1. that copies of the draft bylaws may be inspected free of charge at the place specified in the notice and may be obtained on payment of the charge specified in the notice; and
      1. that the territorial authority is prepared to receive and consider any representation about the bylaws made to it in writing by, or on behalf of, owners or occupiers of trade premises within its district at the time specified in the notice, being not less than 2 months after publication of the notice.

        1. Before making the bylaws, the territorial authority must consider any representation received in accordance with the notice given under subsection (2).

        2. The territorial authority must, before making the bylaws, consult any body of persons the Minister of Health specifies to the territorial authority as being representative of—

        3. the interests of the owners or occupiers of trade premises in the district of the territorial authority; or
          1. any class of those owners or occupiers.

            1. A territorial authority—

            2. must enter on a register the name and postal address of an owner or occupier of trade premises who serves on the territorial authority a written request for registration; and
              1. must ensure that a copy of a notice required under subsection (2) is sent to the persons registered under paragraph (a); and
                1. may remove from the register the name of a person who has ceased to be the owner or occupier of trade premises within its district, or who has requested the local authority in writing to remove his or her name from the register.

                  1. Nothing in this section limits the provisions of the Health Act 1956 or the Resource Management Act 1991.

                  2. The requirements in this section are in addition to the requirements in section 156, but a territorial authority may comply with both sections by using a single process.

                  Compare
                  Notes
                  • Section 148(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 148(7): substituted, on , by section 5 of the Local Government Act 2002 Amendment Act 2007 (2007 No 69).