Hamilton Safety in Public Places Bylaw

Closed 30 Jun 2020

Opened 1 Jun 2020

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

Hamilton City Council (the Council) is seeking feedback on the Hamilton Safety in Public Places Bylaw.

WHY ARE WE DOING THIS?

Hamilton City Council are proposing minor changes to the Hamilton Safety in Public Places Bylaw to better reflect the way we keep our community safe.

Hamilton Safety in Public Places Bylaw 2014

The Bylaw was first adopted in 2014 as per the Local Government Act 2002 requirements. The Council is required to review the existing bylaw after the first 5 years by law. This provides an opportunity for the Council to check in with our community on how the Bylaw is working and consider feedback.

The Council has determined that:

  • the current Hamilton Safety in Public Places Bylaw is the most appropriate means of controlling the issue of nuisance behaviour in public places in Hamilton City; and
  • the Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 because the limits it places on the rights and freedoms contained within that Act can be demonstratively justified in a free and democratic society.

The Council proposes to continue the current Bylaw with minor changes.

OPTIONS

In compliance with the LGA, the Council provides two options.  The Council wants to consult on its intention to continue the current Bylaw with minor changes. 

If you do not think the Bylaw should be continued with changes, then the Council would like to know why.  Tell us your views either way in the feedback form attached.

CONTINUE WITH THE CURRENT BYLAW, WITH MINOR CHANGES (PREFERRED)

The Council believes the current Bylaw is fit for purpose but proposes making minor changes to make the Bylaw clearer. 

The Council proposes to:

  • Remove references to skateboarding as a nuisance behaviour from the Bylaw as few problems have been encountered from skateboard use; and attitudes towards skateboarding have changed with active transport options (such as skateboarding and using scooters) now viewed as part of the range of transport options people may choose.
  • Update definitions to align with other Council documents or legislation including an amendment to definition of ‘psychoactive substances’ and the removal of the term ‘mind-altering substance’. These changes are intended to clarify these terms in to account for potential future changes to legislation. 

DO NOT CONTINUE WITH THE CURRENT BYLAW (NO BYLAW)

This will mean the Council does not continue with a Bylaw for nuisance behaviour after it considers feedback through the consultation process.

A copy of the amended Bylaw is attached to this Proposal under Related heading at the bottom of this page.

Before making any final decisions, we’d like to have your input.
You can give us feedback from 1 June to 30 June 2020 using the feedback form below.

NEXT STEPS

Staff will collect and analyse all feedback at the close of the submission period.

The analysis of this feedback will be presented to the August 2020 meeting of the Hearings and Engagement Committee. At this meeting, submitters who want to speak to their written submission will be able to do so.

The Council will then consider all the views and make a decision on the Bylaw.