Nelson City Council

The Nelson City Council, in pursuance of the powers and authorities, vested in it by the Local Government Act 2002, The Bylaws Act 1910, the Transport Act 1962 and all other Acts, powers and authorities enabling it in that behalf, hereby makes the following bylaw.

Part I - Introduction

1.0 Short title and commencement

1. These Bylaws may be cited as the Nelson City - Parking and Vehicle Control Bylaws.
2. These Bylaws shall come into force on the 31st day of December 2004.

2.0 Repeals and savings

1. The following bylaws are hereby repealed:
   1. The Nelson City Bylaw No 192/1990 – Parking Enforcement.
   2. The Nelson City Bylaw No 203/2002 – Skateboards, Roller Skates, Inline Skates and Similar Devices.
   3. The Nelson City Council Consolidated Bylaw – Part 5 Clause 1 (e) and Clause (3).
2. The repeal of the bylaws referred to in Sub-section (i) of this section shall not affect any document made, signed or acknowledged or anything done or suffered or any appointment, right or benefit created or conferred under or by virtue of such bylaws.

3.0 Interpretation

“All Terrain Vehicle” means a special purpose vehicle (with or without motorcycle controls and equipment) that:

1. is principally designed for off-road use; and
2. has 3 or more wheels; and
3. has an engine capacity exceeding 50ml; and
4. has a gross weight of less than 1 000 kg

“Ambulance” means a motor vehicle used principally for the carriage of sick or injured persons.

“Authorised Period” means the time period specified on any parking permit issued by a vending machine or the time for which the appropriate fee had been paid in respect of any parking meter, which represents the time for which a vehicle may be lawfully parked in a parking space within a pay and display area or metered area.

“Bus” means a passenger vehicle that has more than nine seating positions (including the driver’s seating position).

“Caravan” means a wheeled vehicle or device whether self propelled or not which has the purpose of providing sleeping accommodation, and includes any vehicle commonly described as a campervan or mobile or motor home.

“Cargo Container” means an article of transport equipment of a type approved for the purposes of the Land Transport Act 1998 by the Land Transport Safety Authority by notice in the Gazette, being a lift van, moveable tank, or similar structure; and includes the normal accessories and equipment of the container, when attached to and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or similar article used for packing.

“Carriage” includes haulage.

“Carriageway” means that portion of a road which has been laid off and formed for the use of, and which is reasonably usable for the time being by vehicular traffic in general.

“Chief Executive” means the officer for the time being holding the appointment of Chief Executive with the Council, or any person delegated authority to act in that capacity.

“City” means the territory contained within the City of Nelson as defined in Part 2 of Schedule 2 to the Local Government Act 2002.”

“Clearway” means any part of the carriageway which pursuant to a resolution of the council is set aside for the free passage of vehicles during the times specified within the resolution.

“Council” means the Nelson City Council.

“Cycle” means:

1. a vehicle that has at least 2 wheels and that is designed primarily to be propelled by the muscular energy of the rider; and
2. includes a power assisted cycle

“Cycle Lane” means:

1. A longitudinal strip within a carriageway designed for the passage of cycles.

“Cycle Path” means –

1. part of the road that is physically separated from the roadway that is intended for the use of cyclists, but which may be used also by pedestrians; and
2. Includes a cycle track formed under section 332 of the Local Government Act 1974.

“Driver” means a person driving a vehicle; and includes the rider of an all terrain vehicle, a motorcycle, a moped, a cycle, a mobility device, or a wheeled recreational device.

“Enforcement Officer” means-

1. A sworn member of the Police.
2. A non-sworn member of the Police who is authorised for the purpose by the Commissioner.
3. A person who is appointed to that office by warrant under Section 208 of the Land Transport Act 1998 or who holds that office by virtue of that Act.

“Fire Authority” has the same meaning as in Section 2(1) of the Forest and Rural Fires Act 1977.

“Fire Service Vehicle” means a vehicle that is –

1. Owned by the New Zealand Fire Service Commission or a Fire Authority; or
2. Operated by the New Zealand Fire Service, a defence fire brigade, or any brigade responding under a co-ordination agreement and approved by the National Commander of the New Zealand Fire Service; or
3. Operated and approved by a Fire Authority.

“Footpath” means so much of any road as is laid out or constructed by authority of the Council primarily for pedestrians, and includes the edging, kerbing and channelling thereof where such is provided, and includes any area of land owned or controlled by the Council which is set out for the convenience of pedestrians generally, as a square, place, plaza or public access way, walkway, or linkway  and includes any part of the carriageway which is marked with pedestrian symbols and delineated by a continuous white line, as set aside for use by pedestrians.

"Goods” means all kinds of movable personal property; and includes articles sent by post, and animals.

“Goods Vehicle” means a motor vehicle that is –

1. Designed exclusively or principally for the carriage of goods; or
2. Used for the collection or delivery of goods in the course of trade.

“Heavy Motor Vehicle” means a motor vehicle that has a gross vehicle mass exceeding 3,500 kg.

“Hours of Darkness” –

1. Any period of time between half an hour after sunset on one day and half an hour before sunrise on the next day; or
2. Any other time when there is not sufficient daylight to render clearly visible a person or vehicle at a distance of 100 m.

“Load” -

1. Includes part of a load; and
2. Includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but
3. Does not include animal wastes discharged from animals being carried on a vehicle at the time of discharge.

"Loading Zone” means an area of marked roadway designated solely for the purpose of loading or unloading goods or passengers.

“Mark Out” means to delineate by the use of painted lines or other indicators in accordance with the provisions of the Land Transport Rule: Traffic Control Devices 2004; and “marked” and “marked out” shall have corresponding meanings.

“Metered Area” means any land or road or part thereof under the control of the council which by resolution of the Council is set aside as a place where motor vehicles may park and in or on which a parking meter or parking meters are established and maintained.

“Method of Payment” or “Payment” means the method of payment prescribed by resolution of the Council pursuant to this bylaw, of the fee payable for parking at a metered space or parking space in a pay and display area, and includes any coin or note of NZ currency or payment by Electronic Funds Transfer or by Credit Card.

“Mobility Device” means a vehicle that is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to physical or neurological impairment, and –

1. Is powered solely by a motor that has a maximum power output not exceeding 1500W; or
2. Has been declared by the Director of Land Transport, by notice in the Gazette, to have a maximum power output not exceeding 1500W.

“Moped” means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use.

“Motorcycle” means

1. a motor vehicle running on two wheels, or not more than three wheels when fitted with a sidecar; and
2. includes –
   1. an all terrain vehicle (irrespective of the number of wheels on the vehicle); and
   2. a vehicle with motorcycle controls that is approved as a motorcycle by the Director of Land Transport Safety; but
3. does not include a moped

“Motor Vehicle”-

1. Means a vehicle drawn or propelled by mechanical power; and
2. Includes a trailer; but
3. Does not include-
   1. A vehicle running on rails; or
   2. A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
   3. A trailer running on one wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
   4. A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
   5. A pedestrian-controlled machine.
   6. A vehicle that the Director of Land Transport has declared under Section 168A of the Land Transport Act 1998 is not a motor vehicle; or
   7. A mobility device

“Operate”, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and “operator” has a corresponding meaning.

“Owner”, in relation to a vehicle, means the person lawfully entitled to possession of the vehicle, except where-

1. The vehicle is subject to a bailment that is for a period not exceeding 28 days; or
2. The vehicle is let on hire pursuant to the terms of a rental-service licence, -

In which case “owner” means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the vehicle; and “owned” and “ownership” have corresponding meanings.

“Parking” means-

1. In relation to a portion of a road where parking is for the time being governed by the location of parking meters or vending machines placed under the authority of this bylaw, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:
2. In relation to any other portion of a road, the stopping of standing of a vehicle (other than a vehicle picking up or setting down passengers in a loading zone or reserved parking area, and entitled to do so) on that portion of the road.

And “park” has a corresponding meaning.

“Parking Meter” means a meter including the stand to which such meter is attached, installed at a parking space or to serve more than one parking space within a metered area, and which is designed to indicate the authorised period for any vehicle parked within the parking space to which the meter relates.

“Parking Permit” means a ticket obtained in the manner prescribed by this bylaw, allowing a vehicle to use a space in a pay and display area for the authorised period designated on the ticket.

“Pay and Display Area”  means any area of land belonging to the Council or under the Council’s control including a road or part of a road, which is authorised by resolution of the Council to be used as a place where motor vehicles may only park if they display a current parking permit.

“Parking Space” or “Space” means any part of a road or of land under the control of the Council which is marked out by white lines for the parking of a motor vehicle and includes a parking space in a pay and display area, a parking space in a special parking area, a parking space in a metered area, and a parking space in a time Limited Parking Area.

“Parking Warden” means a parking warden appointed under Section 7 of the Transport Act 1962.

“Passenger Service”, “Passenger Service Licence”, and “Passenger Service Vehicle” have the same meanings as in Section 2 (1) of the Transport Services Licensing Act 1989.

“Pedestrian” means any person on foot upon a road; and includes any person in or on any contrivance equipped with wheels or revolving runners which is not a vehicle.

“Pedestrian Crossing” means a pedestrian crossing duly established and marked on a carriageway in accordance with Clause 8.2 of Land Transport Rule 54002: Traffic Control Devices 2004.

“Prescribed Fee” or “Fee” means the charge prescribed by resolution of the Council pursuant to this bylaw, as the fee payable for parking at or using a metered space or a parking space within a pay and display area.

“Prescribed Sign” means “traffic sign” as defined in Part 2 Land Transport Rule: Traffic Control Devices 2004.

“Police Officer” includes any member, of whatever rank, of the Police.

“Power-assisted Cycle” means a cycle to which is attached 1 or more auxiliary propulsion motors that have a combined maximum power output not exceeding 200W.

“Prohibited Area” means those footpaths within the areas defined on the maps numbered 15/72 sheets 1–4, and contained within Schedule 2 hereto.

“Public Holiday” means a day specified as a public holiday in Section 44(1) of the Holidays Act 2003.

“Resident Parking Scheme” means the provision on any road or on any land under the control of the Council of parking places for residents pursuant to a policy adopted by the Council under this Bylaw, which may include provisions relating to the parking of vehicles used by non-residents.

“Resident Permit” means a permit to park a vehicle on a road, or any land under the control of the Council, supplied by the Council under this Bylaw to a resident, in accordance with a resident parking scheme.

“Road” includes-

1. A street; and
2. A motorway; and
3. A beach; and
4. A place to which the public have access, whether as of right or not; and
5. All bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and
6. All sites at which vehicles may be weighed for the purposes of the Land Transport Act 1998 or any other enactment.

“Skip” means any container whether open at the top or provided with a lid or lids, which is designed as a rubbish receptacle intended to be transported by motor vehicle.

“Special Parking Area” means any land or road or part thereof under the Control of the Council which by resolution of the Council has been designated or reserved for the stopping of any specified class or type of vehicle, and includes bus stops, taxi stands and loading areas.

“Stopping” shall include “parking” and “standing”.

“Taxicab” means a motor vehicle-

1. Designed principally for the carriage of persons not exceeding eight in number, inclusive of the driver; and
2. Used for hire or reward for the carriage of passengers otherwise than on defined routes; and
3. Available for hire to any member of the public.

“Time Limited Parking Area”  means any land or road or part thereof under the control of the Council which by resolution of the Council has been designated as land upon which motor vehicles may park or stop for a period of time limited in duration by the resolution.

“Trade Vehicle” for the purposes of this bylaw means a vehicle which is used or operated as part of a commercial business or other undertaking, and which carries as part of its paintwork or on magnetic or other signs affixed to or painted on its panels, the logos or other identifying symbols of the business or undertaking together with information as to the type of activity carried on and the address and contact details of the business or undertaking.

“Traffic Sign” – see “Prescribed Sign.” 

“Trailer” means a vehicle without motive power that is capable of being drawn or propelled by a vehicle from which it is readily detachable; but does not include-

1. A sidecar attached to a motorcycle; or
2. A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.

“Use” in relation to a vehicle, includes driving, drawing or propelling by means of another vehicle and permitting to be on any road; and “to use” and “user” have corresponding meanings.

“Vehicle”-

1. Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
2. Includes a hovercraft, skateboard, in-line skates, and roller skates; but
3. Does not include-
   1. A perambulator or pushchair;
   2. A shopping or sporting trundler not propelled by mechanical power;
   3. A wheelbarrow or hand-trolley;
   4. A pedestrian-controlled lawnmower;
   5. A pedestrian-controlled agricultural machine not propelled by mechanical power;
   6. An article of furniture;
   7. A wheel-chair not propelled by mechanical power;
   8. Any other contrivance specified by the rules not to be a vehicle for the purposes of this definition.
   9. Any rail vehicle

“Vending Machine” means any device, including any stand to which such device is attached, installed to issue a parking permit for any vehicle parked within a parking space within a pay and display area.

“Verge” in relation to any road means that area of land lying between the edge of the carriageway which in the case of a carriageway delineated by curb and channel is the channel, and the nearest adjacent road boundary.

“Wheeled Recreational Device” means:

1. a vehicle that is a wheeled conveyance (other than a cycle that has a wheel diameter exceeding 355 mm) and that is propelled by human power or gravity; and
2. includes a conveyance to which are attached 1 or more auxiliary propulsion motors that have a combined maximum power output not exceeding 200 watts.

All other words or expressions in this Bylaw shall, unless the context otherwise requires, have the same meaning as in, The Land Transport Act 1998 or, where appropriate, in Regulations or Rules for the time being in force there under. 

Part II - Parking Control

4.0 Metered areas, and pay and display areas

4.1 Provision of parking areas

1. The Council may from time to time by resolution:
   1. Declare any land or road or part thereof under the control of the Council, to be a metered area, or a pay and display area.
   2. Declare the number and situation of parking spaces within a metered area, or a pay and display area.
   3. Declare the method of payment and fee for the use of any parking space in a metered area or in a pay and display area.
   4. Declare that any metered area or pay and display area on any road shall not be available for use for parking on specified days or at specified times so as to be available for a clearway.
2. The Council shall establish and mark out parking spaces in all metered areas, or pay and display areas and shall place or install a parking meter at each parking space or one or more parking meters or vending machines to serve the parking spaces so marked out.
3. The parking meters or vending machines shall be placed upon and firmly fastened to the kerb, footpath or other land adjoining or in the vicinity of each parking space, and each such meter or vending machine shall clearly indicate the time for which a motor vehicle may be parked in the relevant space, the method of payment and the prescribed fee for such parking.
4. The extremities of each parking space shall be clearly indicated by white lines painted on the land or road.

4.2 Provision of maximum time limits

1. The Council may from time to time by resolution declare the maximum duration of time a motor vehicle may be parked within any parking space within a metered area or pay and display area.
2. Where any such time limit has been declared in respect of any space in a metered area the Council shall affix to the parking meter which serves such space a notice which sets out the maximum duration of time a motor vehicle may be parked on or within that space.
3. Where any such time limit has been declared in respect of any space in a pay and display area the Council shall erect appropriate signs, and affix to the vending machine serving such space a notice indicating the maximum duration of time a vehicle may be parked within the pay and display area.

4.3 Payment of fees for parking in a metered area

1. When any motor vehicle is parked in a parking space within a metered area the driver of such vehicle shall forthwith undertake the payment of the fee and set the parking meter in operation in accordance with the instructions thereon.  Provided that the driver of such vehicle may without any payment park the vehicle during such time as may be indicated on the parking meter as being unexpired from its previous use.
2. Subject to any maximum time limit declared pursuant to Clause 4.2(i) hereof it shall be lawful for the driver of a motor vehicle immediately upon the expiration of any authorised period of parking to again undertake the payment of the fee and again set the parking meter in operation.

4.4 Payment of fees for parking in a pay and display area

1. When any motor vehicle is parked in a parking space in a pay and display area, the driver of such vehicle shall forthwith undertake the payment at the vending machine serving such parking space of the amount indicated as the fee payable for the period for which parking is required, provided however that if the period required exceeds the period for which the fee applies the driver shall undertake the payment of such additional fee as is sufficient to pay for the total period required.
2. On undertaking the payment and the discharge from the vending machine of a parking permit for the total period of parking required the driver of the vehicle shall forthwith, and before leaving the vehicle, place the parking permit obtained on the dashboard or the ledge above the dashboard of the vehicle so that the date, time and number printed on the said parking permit is readily visible to any person from outside the vehicle.
3. Subject to any maximum time limit declared pursuant to Clause 4.2(i) thereof it shall be lawful for the driver of the vehicle prior to or immediately on the expiration of any authorised period to again undertake the payment at the vending machine serving such space for a further period of parking and, subject to compliance with sub clause (ii) hereof in relation to the new parking permit obtained the vehicle may continue to occupy such parking space. 
4. Subject to any maximum time limit declared pursuant to Clause 4.2(i) hereof in respect of a pay and display area it shall be lawful for the driver of a vehicle to park such vehicle in a parking space in such pay and display area while displaying a parking permit for the authorised period, obtained from a vending machine within another pay and display area.  Provided that the fee payable for parking in the pay and display area is the same as the fee payable for parking in the pay and display area in which the parking permit was obtained.

4.5 Unlawful parking in metered spaces and pay and display areas

1. No driver or person in charge of a motor vehicle shall park such vehicle in any parking space within a metered area or a pay and display area.
   1. for a period exceeding that indicated as the maximum duration a motor vehicle may be parked within such space or area on any sign or notice erected or affixed pursuant to clause 4.2 (ii) or (iii).
   2. at anytime during which such parking space is set aside for use as a clearway.
2. No driver of any motor vehicle shall park or allow such vehicle to be parked or remain parked in a space within a metered area without having lawfully paid the fee and set the parking meter serving such space in operation in accordance with the instructions thereon.
3. No driver of any motor vehicle shall park or allow such vehicle to be parked or remain parked in a space within a metered area after the expiration of the last authorised period in respect of which the fee has been paid or while the time indicator in the parking meter placed at or to serve such space shows no authorised period.
4. No driver of any motor vehicle shall park or allow such vehicle to be parked or remain parked in a parking space within a pay and display area without such vehicle displaying a parking permit for an authorised period.
5. No driver of any motor vehicle shall park or allow such vehicle to be parked or remain parked in a parking space within a pay and display area after the expiration of the authorised period shown on the parking permit in respect of which the fee has been paid.
6. No driver of any motor vehicle parked in a pay and display area shall display or allow to be displayed in any such vehicle any parking permit which does not relate to the present period in which the vehicle is parked.
7. For the purposes of this clause a motor vehicle shall be deemed to have been continuously parked in a  parking space in a metered area, or in a  pay and display area not withstanding that it may have been moved or driven from the original place the vehicle was parked if the vehicle remains within the extremities of the same space or pay and display area after such movement

4.6 Interference with or unlawful operation of parking meter or vending machine

1. Every person commits an offence against this bylaw who misuses any parking meter or  vending machine or who interferes, tampers with, or attempts to interfere or tamper with the working or operation of any parking meter or  vending machine, or who without due authority fixes or attempts to fix any placard, advertisement, notice, list, document, board or thing on, or paint, write upon or disfigure any parking meter or  vending machine, or any sign relating to the operation of any parking meter or of any  vending machine.
2. No person shall operate or attempt to operate any parking meter or vending machine by any means other than as prescribed pursuant to this bylaw or in accordance with the instructions as indicated on the said meter or vending machine.
3. No person shall deposit or cause to be deposited in any parking meter or vending machine anything other than the coin, note or card prescribed as the authorised method of payment.

5.0 Special parking areas

5.1 Provision of parking area

1. The Council may from time to time by resolution:
   1. Designate any land or road or part thereof under the control of the Council, including any existing parking space, as a bus stop, taxi stand or loading zone, or a park or stop for any other specified class or type of vehicle including any vehicle authorised to use any specific area pursuant to a Car Pooling Scheme approved by the Council, or any vehicle used by a disabled person, as defined in section 2 of the Disabled Persons Community Welfare Act 1975.
   2. Reserve for the stopping and parking of any specified class or type of vehicle including any private or publicly owned vehicle, any land or road or part thereof, under the control of the Council including any existing parking space, and specify the conditions and fix fees in respect of the use thereof.
   3. Declare that any designation or reservation applied pursuant to Clause 5.1(i)(a) or (b) shall only apply during certain hours of the day and/or days of the week.
   4. Declare that any special parking area shall on certain hours of the day and/or days of the week be set aside as a clearway.
2. Where appropriate in respect of any such resolution the Council shall establish and mark out, the extremities of each special parking area or parking space by lines painted on the land or road or part thereof and shall erect and maintain the prescribed signs.
3. Any such resolution shall specify each special parking area or space, by reference to the name of the road or land, the side of the road affected and the distance from the closest intersection or such of the above as may be necessary to enable a reasonable person to identify the approximate location of the special parking area.

5.2 Unlawful parking in special parking areas

1. No driver of any vehicle shall stop or park such vehicle on or within a special parking area unless the vehicle is of the class or type for which the Special Parking Area has been designated or reserved by the Council, and is of the class or type referred to in the traffic signs erected at that place, and has made the appropriate application and paid the prescribed fee (if any) for such parking.
2. No person shall stop any vehicle within a special parking area in contravention of any limitation as to the hours or days that such designation or reservation applies, or at any time when such area is set aside for use as a clearway.

6.0 Time limited parking areas

6.1 Provision of parking areas

1. The Council may from time to time by resolution:
   1. Designate any land or road or part thereof under the control of the Council as a Time Limited Parking Area;
   2. Specify that the designation shall only apply during certain hours of the day and/or certain days of the week;
   3. Declare that any time limited parking area shall on certain hours of the day and/or days of the week be set aside as a clearway.
2. The Council shall, in the resolution, specify the maximum duration of time a motor vehicle may be parked within the Time Limited Parking Area;
3. The resolution shall specify the Time Limited Parking Area by reference to the name of the road or land, the length of the Time Limited Parking Area, the side of the road and the distance from the closest intersection or such of the above as may be necessary to enable a reasonable person to identify the approximate location of the Time Limited Parking Area.
4. The Council shall establish and mark out the Time Limited Parking Areas and the parking spaces therein, by marking the extremities of each Time Limited Parking Area.
5. The Council shall erect or cause to be erected the appropriate traffic signs to indicate the maximum duration of time that a vehicle may stop or park on or within each Time Limited Parking Area.

6.2 Unlawful parking in time limited parking areas

1. No driver of a motor vehicle shall park or allow such vehicle to remain parked in a Time Limited Parking Area for a period exceeding that specified in the resolution establishing such Time Limited Parking Area as the maximum duration of time a vehicle may be parked within that Time Limited Parking Area.
2. No driver of a motor vehicle shall park or allow such vehicle to remain parked in a Time Limited Parking Area for a period exceeding that specified on any traffic sign alongside or near or at each end of the Time Limited Parking Area.
3. For the purposes of this clause a motor vehicle shall be deemed to have been continuously parked in a Time Limited Parking Area not withstanding that it may have been moved or driven from the original place the vehicle was parked, if the vehicle remains within the extremities of the same Time Limited Parking Area  after such movement

7.0 Method of parking

1. No driver of a motor vehicle shall park or allow such vehicle to remain parked in a parking space across any line marking such parking space, or in such a position that the said vehicle is not entirely within the parking space.
2. No driver of a motor vehicle shall park or allow such vehicle to remain parked in a parking space which is already occupied by another vehicle except as provided in sub clause (v) and (vi) hereof.
3. If a parking space is parallel to the kerb or footpath of any road the driver of any motor vehicle occupying such parking space shall park the vehicle with the left side of the vehicle as close as practicable to the left side of the carriageway, except in a one-way carriageway where the road has been marked indicating vehicle parking, when the vehicle shall face in the same direction as the vehicles preceding along the road and as close as practicable to either side of the carriageway.
4. If a parking space is at any angle to the kerb or footpath of any road the driver or person in charge of any motor vehicle occupying such parking space shall park the vehicle so that it is entirely within the parking space and parallel to the lines or other indicators, marking the limits thereof with the front of the vehicle facing towards and as near as practicable to such kerb or footpath.
5. Any number of motorcycles may occupy any parking space at the same time provided that no motorcycle is parked closer than a distance of 0.5 metres from any line marking the extremity of such parking space, provided also that where more than one motorcycle occupies a space within a metered area or within a pay and display area it shall not be necessary for payment of more than one parking fee to be made provided always that no motorcycle shall be or remain parked in the parking space while the time indicator in the parking meter placed at, or serving such space shows no authorised period, or after the expiration of the last authorised period in respect of which a fee has been paid as the case may be.
6. Notwithstanding the provisions of clause (v) above any number of motorcycles may park in any space specifically set aside and marked as a motorcycle only parking space, without payment of any fee.

8.0 Pedestrian Crossings

The Council may from time to time by resolution establish a pedestrian crossing on any road under the control of the Council.

Any such resolution shall specify the pedestrian crossing by reference to the road upon which it is to be established and the distance and direction from the closest intersection.

9.0 No stopping areas

9.1 Provision of no stopping areas

1. The Council may from time to time by resolution prohibit absolutely or for a designated time the kerbside stopping of vehicles on any land or road or part thereof under the control of the Council.
2. Where the Council by resolution prohibits the kerbside stopping of vehicles at all times on any land or road it shall indicate the existence of the prohibition by a broken yellow line and/or the prescribed signs.
3. Where the Council by resolution prohibits the kerbside stopping of vehicles on any land or road only for a designated time it may indicate the existence of the prohibition by a broken yellow line and shall erect the appropriate prescribed signs necessary to reasonably indicate the existence and duration of the restriction

9.2 Offences in respect of no stopping areas

1. Where the Council has prohibited all kerbside stopping of vehicles at all times on any such road or land no driver of a vehicle shall stop a vehicle at any time on such road or land.
2. Where the Council has prohibited the kerbside stopping of vehicles for a designated time on any road or land no driver of a vehicle shall stop a vehicle at any time during the designated time on such road or land.
3. No driver of a vehicle shall stop a vehicle on any road or land or part thereof where such road or land or part thereof has a broken yellow line marked thereon; provided that if no kerb exists parallel to such broken yellow line then no offence shall be deemed to have been committed if the vehicle is stopped or parked so that no part of the vehicle is closer to the centre of the carriageway than the broken yellow line, and provided that such stopping or parking shall not result in the vehicle parking on a footpath, cycle path or verge, lawn or garden contrary to, Clauses 13 or 18 of this bylaw.

10.0 Resident parking schemes

1. The Council may by Resolution establish a Resident Parking Scheme in respect of any road or land or part thereof under its control where it considers that it is not practicable for on site parking places to be provided to serve any property or properties having frontage to such road, and may from time to time cancel or alter such a scheme.
   
   Any such resolution may specify inter alia;
   1. The road, or land or part thereof, to be the subject of the parking scheme.
   2. The conditions under which resident permits may be granted.
   3. The form of the resident permit provided to identify the vehicles authorised to park pursuant to a parking scheme, and where such permit shall be displayed on such vehicle.
   4. The hours and days of the week during which the parking scheme shall operate (which may differ for different parts of a road, or which may apply all the time).
   5. The form of declaration to be used by residents applying for a resident permit together with such evidence in support of the application as the Council may think appropriate.
   6. That parking on a road shall be limited only to those vehicles displaying a resident permit, and that all other vehicles, or specified classes or types of vehicles, shall be the subject of a parking or loading restriction, or any combination thereof, in respect of that road.
   7. The number of residents in any one building, or in specified sizes or types of buildings, that may be entitled to a resident permit.
   8. The conditions under which a resident permit may be assigned or transferred to any other person.
   9. The annual charge, or other fees, payable by the resident for the issue and use of the permit.
2. Any resident permit issued shall not be construed to mean that:
   1. Any resident holding such permit shall be assured of a parking place; or
   2. That the Council will accept liability for any loss of, or damage to, any vehicle or its contents while parked pursuant to the resident permit.
3. No person shall:
   1. Wilfully make a false application or wilfully supply false details in an application for a resident permit.
   2. Unless otherwise authorised by this bylaw or a resolution made pursuant to this bylaw, park or permit any vehicle to be parked in a space the subject of a resident parking scheme whilst not being the holder of a current resident permit in respect of that space.
   3. Retain the resident permit upon ceasing to be a resident of the property to which the permit relates.

11.0 Camping on roads

No person, or persons, shall use any tent, caravan or other vehicle for the purposes of accommodation when that tent, caravan or other vehicle is erected or parked on any road, public place, public reserve, or any other land under the control of the Council, other than in a camping ground licensed under the Camping Ground Regulations 1985.

Provided that this clause shall not apply in respect of any land or road or part thereof which the Council has, pursuant to clause 5.1 declared to be set aside or available for overnight parking by self-contained caravans meeting the provisions of NZS 5465.2001.

12.0 Cycles not to be parked in parking spaces

No person shall place, stand, stop, park or leave any cycle or allow any cycle to remain on any parking space situated on any land or road, so as to prevent or interfere with the use of that space for the parking of a motor vehicle.

13.0 Animals and vehicles on verges or gardens

No person shall ride, drive or lead any horse or other animal (except dogs and cats) or drive, ride, wheel, stop, stand or park any vehicle on, along or across any verge or plot or flower bed or grassed area on any road, provided that the driving of a vehicle over a verge into a vehicular entrance to or exit from land fronting a road to which there is no other access shall not be an offence under this bylaw.

Provided also that it shall not be an offence for any person to park a motor vehicle on any verge on any road where such verge is not separated from the carriageway by kerb and channel, if such vehicle is parked so as to ensure that the driver’s side wheels remain on the carriageway and a clear pedestrian passage no less than 1.2m wide is retained between the vehicle and any fence, shrub or other obstruction, and the vehicle is not parked on any footpath, or cycle path, or contrary to the provision of Clause 9 of this bylaw.

Provided also that it shall not be an offence for any person to park a motor vehicle on any verge where the Council has given permission to any owner of land abutting the road concerned to form or otherwise make provision for a parking space or spaces on such verge.

14.0 Advertising vehicles for sale

No person shall park any vehicle or allow any vehicle to remain parked on any road, or on any land or any portion thereof under the control of the Council, for the principal purpose of selling that vehicle or storing that vehicle pending its sale.

15.0 Advertising on roads

No person shall park any vehicle to which or upon which an advertising sign is attached, on any road or any portion of any road, for the principal purpose of advertising a business, or for promoting any function or event or any organisation or political candidate.

Provided that this will not apply to the parking of any trade vehicle on any road in the normal course of business.

16.0 Skips and cargo containers on roads

1. No person shall place or allow to be placed any skip or cargo container, on any road or any part of any road without written permission from the Council, and in compliance with any conditions subject to which that permission is given.
   
   Such authority may be granted if there is no reasonable alternative off-road location for the skip or cargo container
2. In addition to any other conditions which may be imposed, any permission shall be subject to the following:
   1. If placed on a metered space a meter hood shall be obtained on payment of the prescribed fee and placed on the meter.
   2. If remaining over night the skip or cargo container shall be clearly marked by a flashing orange light attached to the corner of the skip or container which is nearest to the centre line of the road facing the direction from which vehicles using the road shall approach; and marked on its perimeter by a reflective tape or barrier.
   3. If placed on a footpath, an alternative, safe, and well marked pedestrian access of a minimum width of 1.2m past the skip or cargo container is provided.

17.0 Storage of vehicles and goods or maintenance of vehicles on roads

1. No person operating any business shall without the consent of the Council and in compliance with any conditions subject to which that consent is given, use any road or part of any road for the purpose of the storage of any vehicle or any goods which are used in the production of any article for sale, or which are sold, traded or otherwise dealt with as part of the business.
2. No person operating any business, or otherwise undertaking any work for reward on land having frontage to any road, shall carry out on such road, or make use of any part of such road for the carrying out of any process or activity associated with or being part of the business or work.
3. No person shall on any road, or any part of any road, or on any public place, carry out any repairs to or maintenance work on any vehicle, unless the need for such repairs or maintenance work arise from a breakdown or other unforseen incident and are necessary to enable the vehicle to be moved from the road or public place.

18.0 Parking on footpaths or cycle paths

No person shall stop, or park any vehicle or allow any vehicle to remain on any footpath, or on any cycle path.  Provided that it shall not be an offence to stop, stand or park a cycle, mobility device or wheeled recreational device on any footpath if doing so does not unreasonably obstruct any other user of the footpath; or the stopping or standing or storage of the cycles is permitted or if the cycle is making use of any facility installed by the Council for that purpose.

19.0 Trailers or defective vehicles on roads or parking spaces

1. Except with the written permission of the Council and in compliance with any conditions subject to which that permission is given, no person shall park any trailer or any vehicle having no effective motor power or which cannot be safely driven, on any road or part of any road, or any carriageway, for a period exceeding 7 days.
2. No person shall park any trailer not attached to its towing vehicle in any parking space on any road or land under the control of the Council except in accordance with the provisions of this bylaw and after payment of the prescribed fee if any.

Part 3 - Vehicle Control

20.0 One way streets

1. The Council may from time to time by resolution designate any road or part thereof under the control of the Council as a road on which vehicles shall travel in one specified direction only.
2. Any such resolution shall specify the road or part thereof to be subject to such restriction and shall specify the direction of travel.
3. The Council shall on making such a resolution erect or cause to be erected traffic signs to indicate the existence of such restriction.
4. No person shall drive a vehicle on any road or part thereof designated by the Council for one way travel, in a direction other than the specified direction.
5. No driver of a vehicle shall park or allow such vehicle to remain parked on any road or part thereof designated by the Council for one way travel unless the vehicle is parked facing the specified direction, provided that such vehicle is not parked contrary to clause 9 hereof; or where such road or part thereof has marked thereon parking spaces at an angle to the kerb or footpath unless the vehicle is parked facing in the direction indicated by such marks. 

21.0 Skateboards, roller skates, inline skates, and wheeled recreational devices

1. No person shall ride or use any skateboard, roller skates, inline skates or wheeled recreational device on any footpath in a Prohibited Area, as outlined in Schedule 2.
2. The Council may, from time to time, by resolution publicly notified, add to or amend the extent of the Prohibited Area.
3. Nothing in this Bylaw will serve to restrict or prevent the use of any wheelchair, pushchair, pram, trolley, cart or mobility device or other similar device constructed for and used for the purpose of the transportation of disabled persons, young persons or personal effects, on any such footpath.

22.0 Heavy vehicles

The Council may from time to time designate any road belonging to or under the Control of the Council as a road on which any specified class of traffic (including heavy vehicles) shall be prohibited or restricted by reason of its size or the nature of the goods carried, and in like manner may remove such designation.

23.0 Cycle paths and cycle lanes

1. The Council may by resolution set aside any land or any part of any land, or designate or otherwise reserve any part of any footpath as a path  available, for the use of cycles and wheeled recreational devices
2. The Council may by resolution set aside or otherwise reserve any part of any road or carriageway as a cycle lane
3. The Council may by resolution designate any footpath as a joint footpath/cycle path on which both pedestrian and cycle traffic will be permitted.
4. Any areas set aside as a cycle path, cycle lane or joint footpath/cycle path shall be delineated by a continuous white line or green surfacing, or otherwise marked out and sign posted and described in Schedule 3 hereto so as to enable a reasonable person to identify the location of the cycle path.
5. Where any land has been set aside or designated or otherwise reserved for joint use by pedestrians and cycles, any person using the footpath/cycle path shall have full regard for other users, with pedestrians having the right of way.
6. No person shall operate any motor vehicle on any footpath or cycle path.  Provided that the driving of a motor vehicle into a vehicular entrance over a footpath or cycle  path shall not be an offence under this bylaw, and provided further that the driving of any motor vehicle over any footpath or cycle  path, for the purpose of maintaining any land or infrastructural or network utility, adjacent to or within the footpath or cycle  path, shall not be an offence, provided that no reasonable alternative access is available and due consideration is given to continued access for pedestrians and/or cyclists.  Provided also that it shall not be an offence under this bylaw for any person to operate a moped on any cycle lane.

24.0 Exemptions

1. The driver or person in charge of any of the following vehicles shall be exempt from the provisions of this bylaw:
   1. A vehicle used as an ambulance and being at the time used on urgent ambulance service.
   2. A Fire Service vehicle at the time engaged in attending at any emergency.
   3. A vehicle used by a Police Officer acting in the course of their duties.
   4. A vehicle being used in the emergency repair of any public or network utility.
2. Subject to any resolution of the Council to the contrary, every parking space in a metered area, or in a pay and display area may be occupied without charge for any period outside those hours set out within Schedule 13.
3. The Chief Executive may on application from any person or organisation grant that person or corporation an exemption from such of the provisions of the bylaw as the Chief Executive deems fit.  Any such exemption shall be in writing signed by the Chief Executive and shall specify:
   1. The provisions of the Bylaw from which exemption has been granted;
   2. The name of the person or organisation in whose favour the exemption has been granted;
   3. The road or land or portion thereof which is covered by the exemption;
   4. The dates between which the exemption will apply.
4. The Chief Executive may on the payment of the prescribed fee make meter hoods available to any person who in the opinion of the Chief Executive has good reason for so requesting, to enable the parking of any vehicle on a parking space within a metered area without the payment at that meter of the fee otherwise payable.

25.0 Temporary discontinuance of parking spaces

1. Where the Chief Executive is of the opinion that any parking space or spaces should be temporarily discontinued the Chief Executive may authorise any officer of the Council to place or erect or cause to be placed or erected a sign or signs indicating “No Parking” at such parking space or spaces, or at each end of any number of such spaces, and it shall be unlawful for any person to park a vehicle at such parking space or spaces while any such sign is so placed or erected or at any parking space between any such signs so placed or erected.
2. The Council may declare that any space or spaces in a metered area, or pay and display area shall cease to be available for parking and be available on such terms as it considers appropriate, for the purpose of an outdoor dining area.  Provided that on the termination of any lease, licence or other agreement relating to the said outdoor dining area the space or spaces shall thereupon without need for further resolution revert to their previous status.

Part IV - Enforcement

26.0 Interfering with traffic control devices

Every person commits an offence against this bylaw who interferes with, tampers with or removes, or attempts to interfere with, tamper with or remove any traffic signal controller, traffic counting device or part thereof, or any sign or other marker or thing erected or installed to provide motorists with appropriate warning of restrictions imposed pursuant to this bylaw, or temporary or permanent road hazards, or who without due authority fixes or attempts to fix any placard, advertisement notice, document or other thing on, or paint, write upon or otherwise disfigure any such traffic signal controller, traffic counting device or warning sign, marker or thing.

27.0 Unlawful parking

It shall be unlawful for any person to cause, allow or permit any vehicle to be parked in any parking space, on any road or land or any part thereof under the control of the Council except as permitted by the provisions of this bylaw.

28.0 Removal of vehicles

Any vehicle, which is parked on any road or in any area in any manner not in conformity with, or in circumstances which contravene this bylaw or any resolutions passed hereunder, may be removed by or at the request of any Enforcement Officer, Parking Warden or duly authorised officer of the Council to such nearby lawful place for vehicle parking or to any Council vehicle pound, or to any yard in the City occupied by any company engaged by such officer to remove such vehicle, as they shall think fit.  Such vehicle may be detained there by the Council or the company, until the reasonable costs of such removal and of any subsequent daily storage are paid by any person requesting the possession of that vehicle.

Provided that if such vehicle is not claimed within 14 days of its removal the Council may authorise any person to deal with that vehicle in accordance with Section 356 of the Local Government Act 1974 as if it were an abandoned vehicle.

29.0 Offences

1. Every person who does any act which breaches any of the provisions of this bylaw or who suffers or commits any act or thing to be done in contravention of any of the provisions of this bylaw or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw shall commit an infringement offence and shall be liable to the penalty specified for that offence within Schedule 2 to the Transport Act 1962. 
2. Every person who breaches the provisions of Clause 21 of this bylaw shall be liable to a fine not exceeding $200.
3. For the purposes of this clause “bylaw” includes any resolution made pursuant to this bylaw.

30.0 Enforcement officers

The enforcement of the provisions of this bylaw shall be carried out by officers duly appointed by the Council or by duly appointed Parking Wardens or Enforcement Officers.

31.0 Resolutions pursuant to this bylaw

1. Where any resolution is required to specify any land, road, or special parking area, Time Limited Parking Area, pedestrian crossing, direction of travel or any other thing whatsoever such requirements shall be deemed to have been complied with if such specifications are contained in any Schedules to such resolution.
2. Every resolution made pursuant to this bylaw may from time to time be amended or rescinded by a further resolution of the Council.
3. Every resolution made pursuant to this bylaw (including one which is intended to amend or rescind an earlier resolution) shall be publicly notified at least 14 days before it shall take effect.

32.0 Fees or charges

The Council may from time to time by resolution adopted following the use of the Special consultative Procedure add to or amend the fees or charges set out in Schedule 12 hereto, or prescribe new fees or charges payable in respect of any matter or purpose provided for by the bylaw.

THE COMMON SEAL of the
NELSON CITY COUNCIL
was hereto affixed in
the presence of:

His Worship the Mayor

Chief Executive

Index of Schedules

Schedule 1 – One Way Streets

Schedule 2 – Prohibited Areas (Skate Boards Roller Skates, Inline Skates and Wheeled Recreational
Devices)

Schedule 3 – Cycle lanes – Cycle paths

Schedule 4 – Special Parking Areas

• Authorised Vehicles Only
• Bicycle Park
• Bus Stop
• Car Pooling Spaces
• Loading Zone
• Loading Zone/Taxi Stand
• Mobility Park
• Mobility Park Metered Carpark P60
• Motorcycle Park
• Parking Permit
• Taxi Stand

Schedule 5 – Metered Parking including pay and display

• Metered Car Parking
• Metered Car Parking – all day
• Metered Carpark P60
• Metered Carpark P120
• Metered Carpark P180
• Metered Carpark P240
• P120 metered single

Schedule 6 – Pedestrian Crossings

Schedule 7 – Resident Parking Spaces

Schedule 8 – Time Limited Parking Areas

• P2
• P5
• P10
• P15
• P30
• P60
• P120
• P180

Schedule 9 – No Stopping and No Parking Areas

Schedule 10 – Restricted Parking Areas

Schedule 11 – Method of Payment and Prescribed Fees and Charges

Schedule 12 – Times of operation of parking meters and pay and display areas

Schedule 13 – Stop Signs

Schedule 14 – Give Way Signs

Download

Download Bylaw 207 Parking and Vehicle Control (PDF @ 90KB).