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Waste Minimisation Act 2008

Responsibilities of territorial authorities in relation to waste management and minimisation - Bylaws

56: Bylaws

You could also call this:

"Rules made by councils to help manage waste and keep communities clean"

Illustration for Waste Minimisation Act 2008

A territorial authority can make bylaws for several purposes. You might see bylaws that stop or control people throwing away waste. They can also make rules about how waste is collected and taken away. A territorial authority can make bylaws to control how dead animals are disposed of. They can also set fees for using waste facilities. Bylaws can stop people taking recycling waste from bins unless they are the person who put the waste in the bin or someone the territorial authority says can take it.

A bylaw must not disagree with the territorial authority's waste management plan. If a bylaw is about collecting and taking away waste, it can say who is allowed to do this work. The territorial authority can ask these people to provide a guarantee they will do the work properly. They might also have to tell the territorial authority how much waste they collect and where they take it.

When the law talks about "persons" it means groups that collect and take away waste, like companies or community groups. It does not mean individuals who take away their own waste. The law says that some parts of the Local Government Act 2002, like sections 151, 155, and 156, apply to bylaws made under this law. The territorial authority has the power to make bylaws under this law and the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154633.

Topics:
Environment and resources > ConservationEnvironment and resources > Waste managementGovernment and voting > Local councilsHousing and property > Land use
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Part 4Responsibilities of territorial authorities in relation to waste management and minimisation
Bylaws

56Bylaws

  1. A territorial authority may make bylaws for 1 or more of the following purposes:

  2. prohibiting or regulating the deposit of waste:
    1. regulating the collection and transportation of waste:
      1. regulating the manner of disposal of dead animals, including their short-term storage pending disposal:
        1. prescribing charges to be paid for use of waste management and minimisation facilities provided, owned, or operated by the territorial authority:
          1. prohibiting, restricting, or controlling access to waste management and minimisation facilities provided, owned, or operated by the territorial authority:
            1. prohibiting the removal of waste intended for recycling from receptacles provided by the territorial authority by anyone other than—
              1. the occupier of the property from which the waste in the receptacle has come; or
                1. a person authorised by the territorial authority to remove the waste.

                2. A bylaw must not be inconsistent with the territorial authority's waste management and minimisation plan.

                3. Bylaws made under subsection (1)(b) may provide for the licensing of persons who carry out the collection and transportation of waste, and the conditions specified in the bylaws as conditions of the licences may include conditions requiring each licensee—

                4. to provide a performance bond or security, or both, for the performance of the work licensed:
                  1. to provide to the territorial authority, at times or periods specified in the bylaws, reports setting out the quantity, composition, and destination of waste collected and transported by the licensee (for example, household waste to a disposal facility).

                    1. In subsection (3), persons—

                    2. includes commercial and non-commercial collectors and transporters of waste (for example, community groups and not-for-profit organisations); but
                      1. does not include individuals who collect and transport waste for personal reasons (for example, a person taking household garden waste to a landfill).

                        1. Despite anything to the contrary in the Local Government Act 2002, sections 151, 155, and 156 of that Act apply, with all necessary modifications, to any bylaw made under this section.

                        2. To avoid doubt,—

                        3. section 46 of this Act applies, but section 150(4) of the Local Government Act 2002 does not apply, to a territorial authority when making a bylaw under this section in relation to waste management and minimisation facilities provided, owned, or operated by the territorial authority:
                          1. the power of a territorial authority to make bylaws under this section is in addition to its power to make bylaws under the Local Government Act 2002:
                            1. subject to paragraph (a), this section does not limit any provisions of the Local Government Act 2002 that apply to a bylaw made under this section.

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