New bylaw needed to control stock on highways

A new stock control bylaw is needed by Gisborne District Council after it found it had no authority to establish bylaws concerning the state highway.

The environmental planning and regulations committee was told it could expect a report on a new draft bylaw and consultation in August.

The council adopted its present bylaw in August, 2017 but has since been informed by the New Zealand Transport Agency it does not have the authority to include state highways.

After discussions with the agency, both parties agreed that a new delegation of authority could be made to the council. This was being prepared by the agency.

This was one of several legal tools available to police and the council to manage stock on Gisborne’s roads. Other regulatory tools could be used to enforce safe stock control on both state highways and local roads.

Rehette Stoltz asked why the council could not just change the dates on the existing bylaw and not have to do more work around this.

Committee chairwoman Pat Seymour spoke about submissions presented at the hearing for the 2017 stock control bylaw. She said a lawyer for NZTA had flown in for the hearing. It seemed nobody had been aware of the correct process.

She recalled that the issue of droving on roads had been a significant part of the discussion and the submissions made by Federated Farmers and the community.

She asked if the council was administering the bylaw in respect of its local roads and was told that the majority of complaints were dealt with under the Impounding Act, which had tougher enforcement provisions.

Rehette Stoltz said she hoped that when the council got the paperwork there would be only minor tweaks needed.

A new stock control bylaw is needed by Gisborne District Council after it found it had no authority to establish bylaws concerning the state highway.

The environmental planning and regulations committee was told it could expect a report on a new draft bylaw and consultation in August.

The council adopted its present bylaw in August, 2017 but has since been informed by the New Zealand Transport Agency it does not have the authority to include state highways.

After discussions with the agency, both parties agreed that a new delegation of authority could be made to the council. This was being prepared by the agency.

This was one of several legal tools available to police and the council to manage stock on Gisborne’s roads. Other regulatory tools could be used to enforce safe stock control on both state highways and local roads.

Rehette Stoltz asked why the council could not just change the dates on the existing bylaw and not have to do more work around this.

Committee chairwoman Pat Seymour spoke about submissions presented at the hearing for the 2017 stock control bylaw. She said a lawyer for NZTA had flown in for the hearing. It seemed nobody had been aware of the correct process.

She recalled that the issue of droving on roads had been a significant part of the discussion and the submissions made by Federated Farmers and the community.

She asked if the council was administering the bylaw in respect of its local roads and was told that the majority of complaints were dealt with under the Impounding Act, which had tougher enforcement provisions.

Rehette Stoltz said she hoped that when the council got the paperwork there would be only minor tweaks needed.

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