Notice of Meeting:

I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:

 

Date:                                                    Wednesday 25 March 2026

Time:                                                   9:00 a.m.

Venue:                                                Council Chamber, Dunedin Public Art Gallery, the Octagon, Dunedin

 

Sandy Graham

Chief Executive Officer

 

Council

PUBLIC AGENDA

 

MEMBERSHIP

 

Mayor

Mayor Sophie Barker

 

Deputy Mayor

Cr Cherry Lucas

 

 

Members

Cr John Chambers

Cr Christine Garey

 

Cr Doug Hall

Cr Marie Laufiso

 

Cr Russell Lund

Cr Mandy Mayhem

 

Cr Benedict Ong

Cr Andrew Simms

 

Cr Mickey Treadwell

Cr Lee Vandervis

 

Cr Steve Walker

Cr Brent Weatherall

 

Senior Officer                                               Sandy Graham, Chief Executive

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

governance.support@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 

 

 


Council

25 March 2026

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Opening                                                                                                                                                                       4

2             Public Forum                                                                                                                                                              4

3             Apologies                                                                                                                                                                    4

4             Confirmation of Agenda                                                                                                                                        4

5             Declaration of Interest                                                                                                                                           5

6             Confirmation of Minutes                                                                                                                                    15

6.1       Ordinary Council meeting - 19 February 2026                                                                               15

6.2       Ordinary Council meeting - 24 February 2026                                                                               19  

Reports

7             Actions From Resolutions of Council Meetings                                                                                          28

8             Council Forward Work Programme                                                                                                                39

9             Code of Conduct Complaint in relation to Councillor Benedict Ong                                                   51

10           Annual Plan 2026/27 Consultation Document                                                                                           84

11           Governance and Remuneration Update                                                                                                       94

12           Proposed Road Stopping - Adjoining 59 Creamery Road, Ocean View                                              98

13           Review of Keeping of Animals Bylaw                                                                                                           104

14           Legal High Retail Location Policy review                                                                                                     115

15           Review of the Traffic and Parking Bylaw                                                                                                    131

16           Review of Alcohol (Control of Alcohol in Public Places) Bylaw                                                           183

17           Supporting documents to the Annual Plan 2026/27 Consultation Document                             194         

Resolution to Exclude the Public                                                                                                                     226

 

 


Council

25 March 2026

 

1          Opening

Rebecca Post will open the meeting with a prayer on behalf of the Baha’i community.

2          Public Forum

At the close of the agenda public forum registrations were still being taken.  The speakers will be confirmed following the closure of registrations 24 hours before the meeting begins i.e. 9.00 am on Tuesday 24 March 2026.

 

3          Apologies

At the close of the agenda no apologies had been received.

4          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


Council

25 March 2026

 

Declaration of Interest

 

 

EXECUTIVE SUMMARY

1.         Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

 

2.         Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

3.         Staff members are reminded to update their register of interests as soon as practicable.

 

RECOMMENDATIONS

That the Council:

a)         Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)        Confirms/Amends the proposed management plan for Elected Members' Interests.

c)         Notes the proposed management plan for the Executive Leadership Team’s Interests.

 

Attachments

 

Title

Page

a

Elected Members' Interest Register

6

b

Executive Leadership Team's Interest Register

13

 

 


Council

25 March 2026

 








Council

25 March 2026

 


 


Council

25 March 2026

 

Confirmation of Minutes

Ordinary Council meeting - 19 February 2026

 

RECOMMENDATIONS

That the Council:

a)         Confirms the public part of the minutes of the Ordinary Council meeting held on 19 February 2026 as a correct record.

 

Attachments

 

Title

Page

A

Minutes of Ordinary Council meeting  held on 19 February 2026

16

 

 


Council

25 March 2026

 

 

 

Council

MINUTES

 

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Dunedin Public Art Gallery, the Octagon, Dunedin on Thursday 19 February 2026, commencing at 1:00 p.m.

 

PRESENT

 

Mayor

Mayor Sophie Barker

 

Deputy Mayor

Cr Cherry Lucas

 

 

Members

Cr John Chambers

Cr Christine Garey

 

Cr Doug Hall

Cr Marie Laufiso

 

Cr Russell Lund

Cr Mandy Mayhem

 

Cr Benedict Ong

Cr Andrew Simms

 

Cr Mickey Treadwell

Cr Lee Vandervis

 

Cr Steve Walker

Cr Brent Weatherall

 

IN ATTENDANCE

Sandy Graham (Chief Executive), Carolyn Allan (Chief Financial Officer), Scott MacLean (General Manager City Services), David Ward (General Manager 3 Waters, Property and Urban Development), Danielle Tolson (Policy Analyst)

 

Governance Support Officer                  Lynne Adamson

 

 

 

1          Public Forum

There was no Public Forum.

 

2          Apologies

 

There were apologies for lateness from Crs Cherry Lucas and Russell Lund.

 

 

Moved (Mayor Sophie Barker/Cr Mickey Treadwell):

That the Council:

             Accepts the apologies for lateness from Crs Cherry Lucas and Russell Lund.

Motion carried (CNL/2026/032)

 

 

3          Confirmation of agenda

 

Moved (Mayor Sophie Barker/Cr Mickey Treadwell):

That the Council:

 

Confirms the agenda without addition or alteration

 

Motion carried (CNL/2026/033)

 

4          Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

 

 

Moved (Mayor Sophie Barker/Cr Mickey Treadwell):

That the Council:

 

a)         Notes the Elected Members' Interest Register; and

b)        Confirms the proposed management plan for Elected Members' Interests.

c)         Notes the proposed management plan for the Executive Leadership Team’s Interests.

Motion carried (CNL/2026/034)

   

Reports

5          Simplifying Local Government Submission

 

A report from Policy sought approval of a draft Dunedin City Council submission to the Department of Internal Affairs on the Simplifying Local Government consultation.

 

The Chief Executive (Sandy Graham), General Manager City Services (Scott MacLean) and Policy Analyst (Danielle Tolson) provided a correction to paragraph 32 in the cover report and noted that it should read “does not provide an evidence base to support”.  They then spoke to the report and responded to questions.

 

During discussion, Cr Cherry Lucas entered the meeting at 1.48 pm.

 

 

Moved (Mayor Sophie Barker/Cr Mickey Treadwell):

That the Council:

 

a)         Approves the draft Dunedin City Council submission, with any amendments, to the Department of Internal Affairs on the Simplifying Local Government consultation.

b)        Authorises the Chief Executive to make any minor editorial amendments to the draft submission.

c)         Notes that there are no hearings for this consultation.

d)         Notes that a briefing paper on unitary councils would be prepared for a future Council meeting Chief Executive Dunedin City Council.

Division

The Council voted by division

For:                 Crs John Chambers, Christine Garey, Doug Hall, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Benedict Ong, Andrew Simms, Mickey Treadwell, Steve Walker, Brent Weatherall and Mayor Sophie Barker (12).

Against:         Cr Lee Vandervis (1).

Abstained:   Nil

 

The division was declared CARRIED by 12 votes to 1

 

Motion carried (CNL/2026/035)

        

 

 

The meeting closed at 2.02 pm.

 

 

 

 

 

 

 

..............................................

MAYOR

 


Council

25 March 2026

 

Ordinary Council meeting - 24 February 2026

 

RECOMMENDATIONS

That the Council:

a)         Confirms the public part of the minutes of the Ordinary Council meeting held on 24 February 2026 as a correct record.

 

Attachments

 

Title

Page

A

Minutes of Ordinary Council meeting  held on 24 February 2026

20

 

 


Council

25 March 2026

 

 

 

Council

MINUTES

 

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Dunedin Public Art Gallery, the Octagon, Dunedin on Tuesday 24 February 2026, commencing at 9.00 am

 

PRESENT

 

Mayor

Mayor Sophie Barker

 

Deputy Mayor

Cr Cherry Lucas

 

 

Members

Cr John Chambers

Cr Christine Garey

 

Cr Doug Hall

Cr Marie Laufiso

 

Cr Russell Lund

Cr Mandy Mayhem

 

Cr Benedict Ong

Cr Andrew Simms

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Brent Weatherall

 

 

IN ATTENDANCE

Sandy Graham (Chief Executive), Scott MacLean (General Manager City Services), David Ward (General Manager 3 Waters, Property and Urban Development), Nicola Morand (Manahautū - General Manager Community and Strategy), Paul Henderson (General Manager Corporate and Regulatory Services), Mike Costelloe (General Manager, Arts, Culture and Economic Development), Hayden McAuliffe (Financial Services Manager), Scott Campbell (Regulation and Policy Team Leader), Lisa Wilkie (Kaiārahi – Team Leader Creative Partnerships) and Jackie Harrison (Manager Governance)

 

Governance Support Officer                  Lynne Adamson

 

 

1          Opening

   Geshe Lobsang Dhonye and Geshe Losang Gyatso opened the meeting with a prayer.

2          Public Forum

2.1       Dog Behaviour

Ms Watt, owner/head trainer and behaviour modification specialist of ABC Dogs NZ commented that she was committed to the prevention of dog bites and tragedies through better education.  Ms Watt and spoke of measures that could be undertaken to help improve public understanding and of the myths of appropriate behaviour around dogs. 

 

Cr Benedict Ong entered the meeting at 9.09 am.

 

             Ms Watt responded to questions and provided suggestions of the support Council could provide.

 

2.2       Dunedin Hospital Rebuild

Terry Taylor spoke to his precirculated information requesting Council advocacy support with respect to a fit for purpose Pathology Lab being included in the new Dunedin Hospital rebuild.  He commented that it was essential that the lab was on site to ensure quick and efficient diagnosis.

 

Mr Taylor responded to questions and urged Council to continue with the advocacy and ensure that the fit for purpose on site Pathology Lab be included in every discussion on the rebuild.

 

3          Apologies

 

There was an apology from Cr Mickey Treadwell.

 

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

             Accepts the apology from Cr Mickey Treadwell.

 Motion carried (CNL/2026/032)

 

4          Confirmation of agenda

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

 

Confirms the agenda without addition or alteration.

 

Motion carried (CNL/2026/033)

5          Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

 

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

 

a)         Notes the Elected Members' Interest Register; and

b)        Confirms the proposed management plan for Elected Members' Interests.

c)         Notes the proposed management plan for the Executive Leadership Team’s Interests.

Motion carried (CNL/2026/034)

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 12 February 2026

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

a)         Confirms the public part of the minutes of the Ordinary Council meeting held on 12 February 2026 as a correct record.

Motion carried (CNL/2026/035)

  

Reports

7          Actions From Resolutions of Council Meetings

 

A report from Civic provided an update on the implementation of resolutions made at Council meetings. 

 

The Chief Executive (Sandy Graham) and General Managers responded to questions. 

 

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

 

a)         Notes the Open and Completed Actions from resolutions of Council meetings.

Motion carried (CNL/2026/036)

 

8          Proposed Water Supply Bylaw 2026

 

A report from 3 Waters sought consideration of the implementation of a new bylaw to manage the use of the Dunedin City Council (DCC) water supply network as part of Council’s response to recent legislative and regulatory changes relating to three waters services.

The report noted that although the proposed Bylaw would be made under the Local Government (Water Services) Act 2025 (LGWSA), aspects of the bylaw-making process requirements set out in the Local Government Act 2002 (LGA) would still apply. It recommended that the Council makes the determinations required by section 155 of the LGA.

 

The General Manager, 3 Waters, Property and Urban Development (David Ward); and Policy Team Leader (Scott Campbell) spoke to the report and responded to questions.

 

 

Moved (Mayor Sophie Barker/Cr Brent Weatherall):

That the Council:

 

a)         Determines that a bylaw is the most appropriate way to manage the use of the Dunedin City Council water supply network. 

b)        Determines that the draft proposed Water Supply Bylaw 2026 at Attachment A was the most appropriate form of bylaw.

c)         Determines that the draft proposed Water Supply Bylaw 2026 at Attachment A did not give rise to any implications under the New Zealand Bill of Rights Act 1990 and was not inconsistent with that Act.

d)        Determines that the special consultative procedure, in accordance with the Local Government Act 2002, be used as part of the process to make the proposed Water Supply Bylaw 2026.

e)        Approves the draft proposed Water Supply Bylaw 2026 at Attachment A and the draft Statement of Proposal at Attachment B to be notified for public consultation.

f)         Authorises the Chief Executive to make any minor editorial changes to the proposed Water Supply Bylaw 2026 and the Statement of Proposal prior to consultation opening.

Motion carried (CNL/2026/037) with Cr Benedict Ong recording his vote against

 

Crs Doug Hall and Steve Walker left the meeting at 10.23 am.

Cr Steve Walker returned to the meeting at 10.26 am and Cr Doug Hall at 10.27 am.

 

9          Administration of CNZ Creative Communities Scheme grants

 

A report from Ara Toi recommended the establishment of a community-led Assessment Committee to be responsible for the assessment and decision-making for Creative New Zealand’s Creative Communities Scheme (CCS) grants.

This would ensure that the Dunedin City Council (DCC) met  Creative New Zealand requirements for administration of the grants scheme.

This action would align DCC administration of the CCS grants with Creative New Zealand’s guidelines and with the processes followed by the majority of territorial authorities that administer CCS grants. 

 

The General Manager Arts, Culture & Economic Development (Mike Costelloe) and Kaiārahi – Team Leader Creative Partnerships (Lisa Wilkie) provided an update to the report and responded to questions.

 

Moved (Mayor Sophie/Cr Steve Walker):

That the Council:

             Adjourns the meeting for 15 minutes.

             Motion carried

 

The meeting adjourned at 10.53 and reconvened at 11.05 am.

 

 

Moved (Mayor Sophie Barker/Cr Christine Garey):

That the Council:

 

a)         Approves the establishment of the Creative Communities Scheme Assessment Panel to undertake CCS assessment and decision-making, the composition of which was as follows:

i)          4 general community representatives, across a range of creative disciplines

ii)         1 youth representative (aged 24 or under)

iii)        1 mana whenua representative (or their nominee, if mana whenua did not have capacity to sit on the committee at the current time)

iv)       1 or 2 elected officials with appropriate arts knowledge and experience (Mayoral nomination, drawn from Council and/or Community Boards)

b)        Notes that CCS administration, applicant support, assessment of eligibility, and provision of information to applicants and the Assessment Panel would continue to be done by the Ara Toi/Creative Partnerships team.

Motion carried (CNL/2026/038)

 

 

10        Dunedin Heritage Fund - Change of Balance Date

 

A report from Finance advised that the Dunedin Heritage Fund (DHF) was a registered charity with the Department of Internal Affairs - Charities Services. The DHF currently had a reporting period ending 31 March in line with clause 6.3 of the Deed that established the DHF. This date did not align with the Dunedin City Council, balance date of 30 June, and therefore created inefficiencies for financial reporting.

The report proposed changing the balance date from 31 March to 30 June to align with the DCC financial year.

To make the change, the Deed required Heritage New Zealand Pouhere Taonga and the DCC to agree to change the balance date from 31 March to 30 June.

 

The General Manager 3 Waters, Property and Urban Development (David Ward) and Financial Services Manager (Hayden McAuliffe) spoke to the report and responded to questions.

 

 

Moved (Cr Lee Vandervis/Cr Steve Walker):

That the Council:

 

a)         Approves changing the balance date of the Dunedin Heritage Fund from 31 March to 30 June.

b)        Notes that if approved by Council, staff will seek approval from Heritage New Zealand Pouhere Taonga, and then will advise the Charities Services of the change in balance date within three months of the change being approved.

Motion carried (CNL/2026/039)

 

 

11        Grants Subcommittee Delegation

 

A report from Corporate Policy sought approval of the Grants Subcommittee delegation for the 2025/2028 triennium.

 

Mayor Sophie and the Manahautū (General Manager Community and Strategy) spoke to the report and responded to questions.

 

 

Moved (Mayor Sophie Barker/Cr Cherry Lucas):

That the Council:

 

a)         Approves the Grants Subcommittee delegation for the 2025-2028 triennium.

Motion carried (CNL/2026/040)

        

 

Resolution to Exclude the Public

Moved (Mayor Sophie Barker/Cr Steve Walker):

That the Council:

 

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

 

General subject of the matter to be considered

 

Reasons for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

 

Reason for Confidentiality

C1  Ordinary Council meeting - 11 November 2025 - Public Excluded

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

.

 

C2  Ordinary Council meeting - 11 December 2025 - Public Excluded

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

.

 

C3  Confidential Council Action List Update

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.

Adjourns the meeting for five minutes

 

Motion carried (CNL/2026/041)

 

 

The meeting moved into confidential at 11.14 am

 

 

 

 

..............................................

MAYOR

 

 


Council

25 March 2026

 

Reports

 

Actions From Resolutions of Council Meetings

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to show progress on implementing resolutions made at Council meetings. 

2          As this report is an administrative report only, there are no options or Summary of Considerations.

 

 

RECOMMENDATIONS

That the Council:

 

a)         Notes the Open and Completed Actions from resolutions of Council meetings as attached.

 

discussion

3          This report also provides an update on resolutions that have been actioned and completed since the last Council meetings.  Note that items on the Forward Work Programme are not included in the attached schedules.

NEXT STEPS

5          Updates will be provided at future Council meetings.

 

Signatories

Author:

Lynne Adamson - Governance Support Officer

Authoriser:

Nicola Morand - Manahautū (General Manager Community and Strategy)

Attachments

 

Title

Page

a

Public Open Action list

29

b

Public Completed Action List

35

 

 


Council

25 March 2026

 







Council

25 March 2026

 





Council

25 March 2026

 

 

Council Forward Work Programme

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to provide the updated Council forward work programme for the 2025 year (Attachment A). 

2          As this is an administrative report only, there are no options or Summary of Considerations.

RECOMMENDATIONS

That the Council:

a)     Notes the updated Council forward work programme as shown in Attachment A.

 

DISCUSSION

3          The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work. 

4          As an update report, the purple highlight shows changes to timeframes.  New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold. 

NEXT STEPS

5          An updated report will be presented to future Council meetings.

 

Signatories

Author:

Lynne Adamson - Governance Support Officer

Authoriser:

Jackie Harrison - Manager Governance

Attachments

 

Title

Page

a

Public Forward Work programme

41

 

 



Council

25 March 2026

 











Council

25 March 2026

 

 

Code of Conduct Complaint in relation to Councillor Benedict Ong

Department: Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          A Code of Conduct complaint was laid by the Chief Executive as per the process set out in the Code of Conduct.  The complaint relates to an email raising concerns about a staff member,  sent by Cr Ong to the Chief Executive and the media simultaneously. This report presents the Code of Conduct investigation to the Council

2          The DCC Code of Conduct sets out the process to be followed in such an investigation. This process has been followed, and the Council must now decide on its response

3          As this is an administrative report, a summary of considerations is not included.

 

RECOMMENDATIONS

That the Council:

a)     Considers the findings of the investigation of the Steph Dhyrberg Full Investigation into Dunedin City Council Code of Conduct complaint made by the Chief Executive following an email from Cr Ong.

b)     Provides Councillor Ong the opportunity to address Council if he wishes to.

c)     Suspends standing order 20.2(c) to enable Councillor Ong more than the usual five minutes to address Council.

d)     Decides whether a breach of the Code of Conduct has occurred, and if so, which, if any, of the sanctions outlined in the Code of Conduct that it wishes to impose

BACKGROUND

4          Cr Ong sent the Chief Executive (CE) an email on 4 February 2026 at 6.54pm. In that email, he raised concerns about the performance of a staff member. The email was the first time these concerns had been raised with the CE. The email was copied to reporters from the Otago Daily Times. On receipt of the email, the CE laid a Code of Conduct complaint.

 

 

DISCUSSION

5          Section 12 and Appendix B of the DCC Code of Conduct (Attachment A) sets out the process to be followed when such a complaint is laid.

·        A complaint was laid by the CE in writing on 5 February 2026 (Attachment B).

·        An investigator was appointed by the CE from the approved List of Independent Investigators

·        The Councillor was advised of the complaint on 5 February 2026.

·        The investigator carried out a preliminary investigation and advised the CE that the complaint was material and a full investigation was required, on 16 February 2026.

·        The complainant and Councillor were advised of this on 16 February 2026

6          A full investigation was carried out and the report, attached (Attachment C), was sent to the CE on 20 February 2026.

OPTIONS

7          The Council must now decide what it wishes to do about the complaint. Councillors must read the report, attached, and must also give Councillor Ong an opportunity to appear and speak in his own defence. 

8          If the Council accepts the findings in the investigator’s report, and wishes to apply sanctions, the Council can decide, based on the investigation, to impose sanctions on the Councillor, as set out in section 13.1 of the Code of Conduct. The Code of Conduct says the level of the sanction “will depend on the seriousness of the breach”. Section 13.1 also outlines actions a respondent may agree to that could enable a Council to not impose any penalty.

Option One – Recommended Option

9          The investigator found that the Councillor materially breached the Code of Conduct. The investigator’s report notes that the investigator found the actions of Cr Ong to be “a very serious breach of the Code” – para 41.

10        As per section 13.1 of the Code of Conduct, Council should consider the report, hear from Councillor Ong and decide if it agrees with this report.  If Council considers a breach of the Code of Conduct has occurred, Council can decide to impose appropriate sanction/s or ask the Councillor to undertake actions that meant a penalty would not be imposed.

Advantages

·        The Code of Conduct process is followed

Disadvantages

·        None identified

Option Two – Status Quo

11        The Council could decide to receive the report (or in fact not to receive the report) and to take no further action.

Advantages

·        None identified.

Disadvantages

·        Section 5.2 of the Code of Conduct covers expectations about how Councillors should treat staff, such as treating them with courtesy and respect.  That section concludes with a note to Councillors that failing to observe this section of the code may compromise Council’s obligations to be a good employer and expose Council to risk. Council being seen to not enforce this section of the code if a breach of the code is found to have occurred could potentially be seen as failing in its duty as a good employer.

NEXT STEPS

12        The next steps are for the Council to discuss the investigation, hear the Councillor, and decide whether the findings of the independent investigation are accepted and, if so, how to respond

Signatories

Author:

Sandy Graham - Chief Executive

Authoriser:

 

Attachments

 

Title

Page

a

DCC Code of Conduct

54

b

CE email complaint

75

c

Code of Conduct Complaint in relation to Councillor Benedict Ong – Investigators Report

77

 

 


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25 March 2026

 






















Council

25 March 2026

 



Council

25 March 2026

 








Council

25 March 2026

 

 

Annual Plan 2026/27 Consultation Document

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The Annual Plan 2026/27 consultation document (the consultation document) explains any significant or material changes from year two of the 9 year plan 2025-34 (i.e., from 1 July 2026 to 30 June 2027).  It is based on the decisions made by Council at its meeting on 4-5 March 2026.

2          A copy of the undesigned consultation document is at Attachment A.

RECOMMENDATIONS

That the Council:

a)         Approves the Annual Plan 2026/27 consultation document’.  

b)        Delegates the Chief Executive the authority to make any minor editing required to the approved consultation document.

c)         Adopts the ‘Annual Plan 2026/27 consultation document’.

BACKGROUND

3          Under sections 82A and 95A of the Local Government Act 2002, where the Council consults on an Annual Plan, it must prepare and adopt a consultation document:

a)         to identify and explain any significant or material differences from the corresponding year of the long term plan; and

b)        to support informed discussions with the community on any impacts on costs and funding.

4          The consultation document must be concise, easy to understand, and free of unnecessary technical detail, while pointing people to where they can access the underlying information that the Council has formally adopted to support the consultation.

DISCUSSION

5          The consultation document explains the Council’s proposals for any significant or material differences from the 9 year plan for the period from 1 July 2026 to 30 June 2027. In the case of the draft Annual Plan 2026/27, this is based on the decisions made at the Council meetings on 4-5 March 2026, including a proposed change to rating differentials.

6          There is no legislative requirement for the consultation document of an Annual Plan to be audited.

7          The consultation document, and supporting documents that contain more detailed information, will be made available on the Council’s website. Physical copies of the consultation document and supporting documents will be available at Council service centres and public libraries.

8          Feedback from the community on the proposals in the consultation document will be sought from 30 March to 29 April 2026.

9          Submitters will have an opportunity to speak directly to the Council at its meeting on 13 May 2026.

OPTIONS

10        There are no options.

NEXT STEPS

11        The consultation document will be graphically designed.

12        The consultation document will be printed and made available at Council service centres, public libraries and on the Council’s website. The consultation period commences from 30 March to 29 April 2026.

Signatories

Author:

Janet Fraser - Corporate Planner

Authoriser:

Carolyn Allan - Chief Financial Officer

Attachments

 

Title

Page

a

Annual Plan 2026/27 Consultation Document (undesigned)

88

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities, and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The consultation document and supporting documentation contain content that contributes to the objectives and priorities across all areas of the strategic framework.

Māori Impact Statement

The adoption of Te Taki Haruru, the DCC’s Māori Strategic Framework signals Council’s commitment to mana whenua and to its obligations under the Treaty of Waitangi. Mana whenua and mātāwaka will be involved in engagement with the Annual Plan 2026/27 consultation process.

Sustainability

The proposed changes in the draft Annual Plan 2026/27 will not have a material impact on the achievement of emissions reduction targets.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report requests approval of the Annual Plan 2026/27 consultation document.

Financial considerations

Financial impacts are set out in the Annual Plan 2026/27 consultation document and its supporting documents.

Significance

Approval of the consultation document and supporting documents is considered to be of low significance in terms of the Council’s Significance and Engagement Policy.  The consultation document and supporting documents are provided to undertake community engagement on the Annual Plan 2026/27.

Engagement – external

There will be external engagement from 30 March to 29 April 2026 on the content of the Annual Plan consultation document, which is a key tool of the external engagement programme.

Engagement - internal

Councillors and staff have been involved in the development of the Annual Plan 2026/27.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards will have an opportunity to participate during the consultation and submission phases of the process.

 

 


Council

25 March 2026

 







Council

25 March 2026

 

 

Governance and Remuneration Update

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to advise the Council that the Mayor has exercised her discretionary power under Section 41A(3) of the Local Government Act 2002 (LGA) to remove Councillor Ong from his role as Portfolio Deputy Technology.

2          The Mayor now seeks Council approval to remove Councillor Ong from his roles as the Council Representative on the Otago Settlers Association and the Toitū Otago Settlers Museum Board.

3          This report also seeks approval to amend the Councillors remuneration proposal adopted at the Council meeting on 11 December 2025 to reflect the updated roles of responsibility.  If approved, the amended remuneration proposal will be submitted to the Remuneration Authority (the Authority) for approval.

RECOMMENDATIONS

That the Council:

a)     Notes Councillor Ong’s removal as the Portfolio Deputy Technology.

b)     Approves the removal of Councillor Ong from the roles of Council Representative on the Otago Settlers Association and the Toitū Otago Settlers Museum Board.

c)     Appoints Councillor Chambers as the Council Representative on the Otago Settlers Association and the Toitū Otago Settlers Museum Board.

d)     Notes responsibility for the Portfolio Deputy Technology will be reconsidered following the completion of the by-election.

e)     Approves annual remuneration of $100,577 for Councillors.

f)     Approves annual remuneration of $84,496 for Councillors with no additional responsibilities.

g)     Notes the updated remuneration proposal reflects changes to Councillor Ong’s responsibilities.

h)     Notes the updated remuneration proposal will be resubmitted to the Remuneration Authority for approval.

 

 

background

4          The Local Government Act 2002 (LGA) gives the Authority the responsibility for setting remuneration for local government elected members. 

5          At its meeting on 11 December 2025, Council approved remuneration for Councillors based on the Authority’s guidelines, and a proposal was submitted to the Authority for approval.  Approval was given and gazetted in early March 2026. 

6          Given the change in Cr Ong’s responsibilities, a revised proposal now needs to be submitted to the Authority for approval and gazetting. 

DISCUSSION

7          On 20 February 2026, the Mayor exercised her discretionary power under Section 41A(3) of the Local Government Act 2002 (LGA), and wrote to Councillor Ong advising he was being removed from his role as Portfolio Deputy Technology.  The Mayor also advised that she would be seeking Council approval to remove him from his roles as the Council Representative on the Otago Settlers Association and the Toitū Otago Settlers Museum Board.

8          Council is asked to approve the removal of Councillor Ong from the roles outlined above, and that Councillor Chambers represents Council on the Otago Settlers Association and the Toitū Otago Settlers Museum Board.

9          The responsibility for Portfolio Deputy Technology will be reconsidered following the completion of the by-election.

10        The remuneration model for Councillors now needs to be amended to reflect the changes in responsibilities. It is proposed that the remuneration model be updated as follows:

Position

Number of Councillors

Base Rem

Additional Rem

Total Rem per Councillor

Total Annual Rem

Deputy Mayor

1

$84,496

$60,512

$145,008

$145,008

Councillor

12

$84,496

$16,081

$100,577

$1,206,924

Councillor (no additional responsibilities)

1

 

$84,496

 

-

$84,496

$84,496

Total

14

 

 

 

$1,436,428

 

11        This proposed remuneration model fully allocates the remuneration pool for Councillors as required by the LGA. 

NEXT STEPS

12        The updated roles of responsibility and remuneration rates will be submitted to the Authority.

13        Following Authority approval staff will make the necessary adjustments to ensure that Councillors are being paid at the correct rate.

Signatories

Authoriser:

Nicola Morand - Manahautū (General Manager Community and Strategy)

Sophie Barker - Mayor

Attachments

 

Title

Page

 

a

Mayor Sophie letter to Cr Ong - 20 February 2026

99

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

Māori Impact Statement

This has not been assessed in preparing this report.

Sustainability

The level of remuneration being proposed is above the base level remuneration for all Councillors and is aimed to provide a more sustainable income recognising the mahi that will be required from all elected members.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications as the increase in the remuneration pool was included in the Annual Plan.

Financial considerations

The increase in remuneration was included in the Civic budget

Significance

The decision is considered low in terms of the Council’s Significance and Engagement Policy

Engagement – external

There has been no external engagement.

Engagement - internal

There have been discussions with Councillors about possible levels of remuneration.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no identified conflicts of interest

Community Boards

Community Board remuneration is dealt with separately by the Authority and is not part of the pool.

 

 



Council

25 March 2026

 

 

Proposed Road Stopping - Adjoining 59 Creamery Road, Ocean View

Department: Property

 

 

 

EXECUTIVE SUMMARY

1          The owners of 59 Creamery Road, Ocean View, have applied to stop a section of unformed legal road adjoining their property.

2          This report seeks a resolution of the Council to publicly notify the Council’s intention to stop the road, under section 342 and Schedule 10 of the Local Government Act 1974.

RECOMMENDATIONS

That the Council:

a)         Approves public notification of the Council’s intention to stop a section of legal road at 59 Creamery Road, Ocean view, subject to the Minister for Land Information’s consent and the applicants agreeing to:

i)          Pay the Council the non-refundable fee for processing the road stopping; and sign a conditional agreement for sale and purchase upon terms and conditiosn approved by the Council’s solicitors.

ii)         Pay the Council the actual costs incurred for the road stopping, regardless of whether or not the stopping reaches a conclusion, and the market value of the stopped road, assessed by an independent registerered valuer appointed by the Council.

iii)        Amalgamate the stopped portion of road with the title of the adjacent land at 59 Creamery Road, Ocean View, being the land contained within Record of Title 15937.

iv)       Accept the application of the standards contained within the Dunedin City Council Code of Subdivision and Development to the stopped road.

v)        Register any easements over the stopped portion of road in favour of utilties or adjoining owners (if required).

 

BACKGROUND

3          The owners of 59 Creamery Road, Ocean View have identified a section of unformed legal road which they wish to own to better consolidate their property boundary.

DISCUSSION

4          The proposed road stopping area is approximately 10,700m2 (subject to survey), and is shown outlined in black on the aerial photograph below.

A map of a land with roads and roads

Description automatically generated with medium confidence

5          The proposed road stopping area is currently occupied by and used in conjunction with the adjoining property at 59 Creamery Road.

6          There are no known services within the proposed section of unformed road to be stopped.

7          The owners of neighbouring land have been consulted at a preliminary stage and did not raise any concerns.  These neighbours will be notified as part of the public notification process if the Council supports the proposal being publicly notified.

8          Staff are satisfied the section of road proposed to be stopped is not required for current or future transportation needs and support the proposal being publicly notified.

9          As the land is zoned Coastal Rural, the proposed road stopping will require the Minister for Land Information’s consent prior to publicly notifying the proposal.

10        If the recommendations in this report are approved:

·    The applicants will be invoiced the non-refundable road stopping fee and will be required to sign a conditional sale and purchase agreement.  One of the conditions will relate to the Minister for Land Information’s consent.

·    In accordance with Schedule 10 of the Local Government Act 1974, staff will:

Procure a valuation and survey of the road to be stopped.

Publicly notify the proposed road stopping for a period of not less than 40 days.

·    A further report will be prepared for the Council advising on the outcome of the public notification process and recommending whether the road stopping should proceed.

·    If the road stopping is concluded, the land will be transferred to, and amalgamated with, the applicants’ adjoining land (Record of Title 15937).  Applicable adjustments to the applicants’ rates account will be made from the start of the financial year following the issue of the new amalgamated title.

·    The applicants will pay the Council the actual costs incurred for the road stopping, regardless of whether or not the stopping reaches a conclusion. If the road stopping proceeds, the applicants will pay the Council the market value of the stopped road, assessed by an independent registered valuer appointed by the Council.

OPTIONS

Option One – Recommended Option – Proceed with the Road Stopping Process

 

11        Under this option, the Council would approve public notification of the Council’s intention to stop a section of legal road at 59 Creamery Road, subject to the Minister for Land Information’s consent and the applicants agreeing to:

·    Pay the Council the non-refundable fee for processing the road stopping, and sign a conditional agreement for sale and purchase upon terms and conditions approved by Council’s solicitors.

·    Pay the Council the actual costs incurred for the stopping, regardless of whether or not the stopping reaches a conclusion, and the market value of the stopped road as assessed by an independent registered valuer appointed by the Council.

·    Amalgamate the section of stopped road with the title of the adjacent land at 59 Creamery Road, being the land contained within the Record of Title 15937.

·    Accept the application of the standards contained within the Dunedin City Council’s Code of Subdivision and Development for the stopped road.

·    Register any easements over the section of stopped road as required for any utilities or adjoining owners (none identified at this point).

Advantages

·        The proposal enables the applicants to own the adjoining area of unformed legal road, which improves land utilisation and increases the area of rateable land.

·        The extent of public interest in the land will be considered during the public notification process.

Disadvantages

·        The land would be unavailable for any potential future public use or as a utility corridor, other than any existing utilities (without the consent of the landowner). 

Option Two – Status Quo

12        The Council resolves not to proceed to publicly notify the intention to stop the road.

Advantages

·        The land would retain its legal road status and remain available for potential future public or utility use if required.

Disadvantages

·        The land would retain its legal road status but would remain unformed.  Land utilisation would be restricted and the land would remain non-rateable.

NEXT STEPS

13        If the recommendation is approved, the applicants will be required to pay the road stopping processing fee and enter into a conditional sale & purchase agreement. Staff will seek the Minister for Land Information’s consent, manage valuation and survey work and publicly notify the proposal before reporting back to the Council.

Signatories

Author:

Paula Dickel - Strategic Property Advisor

Authoriser:

Anna Nilsen - Group Manager, Property Services

David Ward - General Manager, 3 Waters, Property and Urban Development

Attachments

There are no attachments for this report.

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

There is no contribution to the strategic framework.

Māori Impact Statement

Staff reviewed the District Plan, and the land is not identified as Wāhi Tūpuna. There are no known impacts for Māori arising from the proposal. 

Sustainability

Proactive management of the transportation network supports social and economic sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these Plans/Strategies.

Financial considerations

There are no significant financial impacts as the process is cost neutral and proceeds of sale are expected to be relatively modest.

Significance

This decision is considered of low significance under the Council’s Significance and Engagement Policy.

Engagement – external

There has been preliminary engagement with utilities and adjoining landowners.  There will be a full public notification process which will test wider public interest in the proposal.

Engagement - internal

Transport, Property Services, Legal Services, City Development, 3 Waters and City Planning have been contacted in relation to this application.

Risks: Legal / Health and Safety etc.

No risks have been identified.

Conflict of Interest

No conflict of interest has been identified.

Community Boards

The Saddle Hill Community Board will be notified ahead of the public notification process.

 

 


Council

25 March 2026

 

 

Review of Keeping of Animals Bylaw

Department: Corporate and Regulatory

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks Council approval to commence the review of the Keeping of Animals Bylaw (the Bylaw). It recommends that the Council determines a bylaw is the most appropriate way to address issues relating to keeping animals in Dunedin.

2          The Bylaw was made in 2021 following a review of the previous Keeping of Animals (excluding Dogs) and Birds Bylaw. At that time provisions to address issues relating to roosters in Dunedin were included. The Bylaw must be reviewed within five years of adoption, and it is now due for review. See Attachment A for the Bylaw.

RECOMMENDATIONS

That the Council:

a)         Approves commencement of the Keeping of Animals Bylaw review.

b)        Determines that a bylaw is the most appropriate way to address issues relating to keeping animals in Dunedin.

BACKGROUND

Purposes of bylaws

3          Bylaws can be made, under the Local Government Act 2002 (the Act) for one or more of the following general purposes: protecting the public from nuisance; protecting, promoting and maintaining public health and safety; and minimising the potential for offensive behaviour in public places (section 145). The Act also allows bylaws to be made specifically to regulate the keeping of animals, bees and poultry (section 146(a)(v)).

4          The Act requires bylaws to be reviewed within five years after adoption and then at ten-year intervals.

Keeping of Animals Bylaw history and purpose

5          The Keeping of Animals (excluding dogs) and Birds Bylaw was made in October 2010 under the Act. This bylaw was then reviewed in 2016 with no change.

6          In 2021 that bylaw was reviewed early to address nuisance issues relating to roosters in Dunedin. Provision was added to ban the keeping of roosters in residential zone areas unless owners have written permission. This was in response to feedback about noise nuisance issues.

7          Due to the changes being significant, a new Keeping of Animals Bylaw was made, and the previous Keeping of Animals (excluding Dogs) and Birds Bylaw was revoked. Therefore, the review period for the Bylaw was within five years, rather than the ten-year review period specified for an existing bylaw.

8          The purpose of the Bylaw is to “protect the public from nuisance and to protect, promote and maintain public health and safety by controlling the keeping of animals”. The Bylaw does not extend to dogs which are regulated by the Dog Control Act 1996 and the Dog Control Bylaw 2025.

9          The Bylaw regulates the manner in which animals must be kept; it allows the Council to impose a limit on the number and/or species of animals kept at a property if non-compliant; and covers offences and penalties according to the Act. In practice, the Bylaw has focussed primarily on controlling the nuisance effects of keeping animals rather than controlling specific actions or limiting residents to a specific number of animals per property.

DISCUSSION

Bylaw is still appropriate

10        In order to review a bylaw, a council must make a determination under section 155 of the Act that a bylaw is the most appropriate way to address potential issues that arise from keeping animals in Dunedin.

11        Generally, the Bylaw works well and has good support and compliance from animal owners. However, complaint data shows the problems that existed in 2010 are still present and a bylaw is still needed to provide for controls on keeping animals. For example, in 2025 there were around 70 complaints relating to animal noise and nuisance (excluding dog related complaints) in the Dunedin area. The Bylaw, along with public education, is an important tool to ensure that the public is protected from nuisance.

Roosters

12        From 2021, provision was added to the Bylaw to ban owners from keeping roosters in residential zone areas unless owners have written permission. This was in response to feedback about noise nuisance issues. As of December 2025, 46 Dunedin rooster owners have permission to keep roosters within the residential zone areas. There were 29 noise complaints relating to roosters in 2025. The Bylaw review will check how well the rooster rule is working.

Cats

Cats and the Bylaw

13        There are no specific bylaw restrictions for keeping cats. The Bylaw allows the Council to impose a limit on the number and/or species of animals kept at a property if owners are non-compliant in addressing nuisance issues.

14        A bylaw is not the most appropriate means of addressing cat issues. While feedback in the past has shown most issues are with the number of cats, cats wandering and cats attacking wildlife, these issues do not, in themselves, pose a nuisance to the public or impact public health and safety. Therefore, this falls outside the scope of the Act which is aimed at protecting people and communities rather than wildlife.

15        Where other issues such as cat fouling can be a nuisance or impact health and safety, they can be dealt with through nuisance provisions within this Bylaw. For example, the Bylaw provides for limiting animal numbers, removing certain animals and prohibiting owners from keeping certain animals if the bylaw is not complied with.

16        A number of other councils have introduced microchipping and neutering requirements. However, discussions indicate that these are difficult to manage, do not fit well within the legislative framework, are problematic to enforce and are resource intensive. Any enforcement efforts would need to be funded through general rates as there is no legislation, such as the Dog Control Act 1996, that requires registration and fees which would fund the control.

Cats – other mechanisms

17        In the case of Council reserves, the Reserves Act 1977 allows the Council to seize and destroy, sell or otherwise dispose of an animal that is trespassing on a Council reserve and where there is no evidence of ownership. The Health Act can also be used to address a health nuisance posed by animals, including cats.

18        The Department of Conservation and other organisations are funded and charged with protecting wildlife. These entities operate many national programmes and have the necessary powers under the Wildlife Act 1953 to ensure protection.

19        As a result of a DCC initiated local government remit, Local Government New Zealand (LGNZ) adopted a remit in 2017 asking central government to introduce a national legislative framework for cats. However, this has not been a priority for central government to date.

20        The preferred option to address cat issues to date has been to work with local organisations towards responsible cat ownership through education, information, and promotion of good practice. The Council also supported local Snip n Chip campaigns with promotion and funding for two years (2023/2024 and 2024/2025).

Other issues

21        Nuisance complaints are sometimes received about other animals such as chickens, goats, pigs, and bees. For example, complaints range from wandering animals, to odour, noise and fouling nuisances.

Other councils

22        Most other New Zealand cities have bylaws to regulate keeping animals, for example controls relating to nuisance and noise nuisance issues.

Community engagement

23        Early engagement is planned to inform any proposals for change. Any proposals will then be formally consulted on with interested and affected parties, using the special consultative procedure, as required by the Act.

24        We will engage with our mana whenua partners as well as stakeholders such as the public, animal clubs and organisations, and Community Boards.

OPTIONS

25        As this review is required by legislation, there are no options.

NEXT STEPS

26        Next steps are to review the Bylaw and report back to the Council with any proposed changes in a draft statement of proposal along with any proposed amendments in a draft Bylaw. The Council will then be asked to approve these documents for consultation using the special consultative procedure, as required by the Act. Here is an indicative timeframe for the review:

What

Indicative timeframe

Council report to commence the review

March 2026

Early engagement to identify issues/options

April-May 2026

Draft revised bylaw and statement of proposal on any proposed changes to Council for approval

June 2026

Consultation on any proposed changes

July 2026

Hearings

August 2026

Council adopts revised bylaw

November 2026

 

Signatories

Author:

Anne Gray - Policy Analyst

Cazna Savell - Team Leader Animal Services

Tanya Morrison - Team Leader Environmental Health and Alcohol Licensing

Authoriser:

Bonnie Wright - Manager Compliance Solutions

Paul Henderson - General Manager Corporate and Regulatory Services

Attachments

 

Title

Page

a

Keeping of Animals Bylaw 2022

110

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the environmental and social well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

This decision contributes to the healthy and safe people priority of the Social Wellbeing Strategy, and healthy environment priority of the Environment Strategy.

Māori Impact Statement

No specific impacts for mana whenua have been identified. However, in recognition of the Autūroa and Autakata pou in Te Taki Haruru, our mana whenua partners will be advised of the review and given the opportunity to provide feedback. Furthermore, this Bylaw is in line with the cultural key direction of Autikaka in Te Taki Haruru.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications as the review will be carried out within existing budgets.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There is no requirement for external engagement for this preliminary report although previous submissions and complaints have informed this report. Once the bylaw review commences, there will be engagement with key stakeholders to inform any proposed options. The special consultative procedure will then be used to consult on any proposed options and draft bylaw, as required by the Act.

Engagement - internal

There has been internal engagement with Mana Ruruku and Council Communications and Marketing.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There may be implications for Community Boards. They are identified as key stakeholders and will be engaged with, as appropriate, during the bylaw review.

 

 


Council

25 March 2026

 






Council

25 March 2026

 

Legal High Retail Location Policy review

Department: Corporate and Regulatory and Civic

 

 

 

 

EXECUTIVE SUMMARY

1          This report recommends that the Council continues the Legal High Retail Location Policy (the Policy) for a further five years, with no substantive changes, following a staff review.

2          The Policy restricts legal high (psychoactive substance) retailers to the Dunedin central city area provided they are more than 100 metres away from sensitive sites such as education facilities, churches, libraries, hospitals, mental health facilities and justice premises. Sensitive sites are identified on a map which forms part of the Policy.

3          The Policy was adopted in 2015, however it has never been used as there have been no approved legal high products available for sale in New Zealand during this time. Currently there are no applications before the Psychoactive Substances Regulatory Authority for product approval.

4          Under the Psychoactive Substances Act 2013 (the Act), the Policy must be reviewed every five years and it is now due for review. With no proposed changes to the Policy content, and no change in the situation regarding approved legal high products, there is no requirement to consult as part of this review.

5          The Council may wish to consider revoking the Policy, however this would leave no control over where legal highs may be sold should any products be approved.

6          See Attachment A for the Policy.

 

RECOMMENDATIONS

That the Council:

a)         Notes the review of the Legal High Retail Location Policy.

b)        Approves retention of the Legal High Retail Location Policy.

 

BACKGROUND

Legislation – Psychoactive Substances Act 2013

7          The Act was introduced to regulate the availability of psychoactive substances in New Zealand.  These products are referred to in the Policy as legal highs. The Act acknowledges the harm caused by the substances and introduces a process for psychoactive products that pose no more than a low risk of harm to people who use them to be approved by the Psychoactive Substances Regulatory Authority (the Authority).

8          A psychoactive substance controlled by this Act includes a product approved by the Authority, and a product or substance that is declared by Order in Council to be a psychoactive substance. 

9          Previously, psychoactive substances could be manufactured and sold without restriction.  The purpose of the Act was to regulate the availability of these substances in order to protect the health of and minimise harm to individuals who used these products.

10        The Act allows local authorities to have a policy specifying where, in their districts, legal highs can be sold.  It does not permit a council to ban legal highs outright or to have a policy which is so restrictive as to effectively ban their sale.

11        In 2013, there were 64 psychoactive substances that had received interim approval for sale.  To gain approval a product has to be proven to have no more than a low risk of harm to the user. There are no products approved for sale in New Zealand and no applications before the Authority for approval.  There are no approved retail outlets anywhere in New Zealand.

12        The Act requires local authorities to complete a review of the Policy within five years after the policy is adopted and then at intervals of not more than five years.  A policy does not cease to have effect because it is due for review or is being reviewed.

Policy development and review

13        In 2015, the Council chose to adopt a Legal High Retail Location Policy to help minimise the risk of harm posed by the presence of legal highs in the city. An approved substance was termed a ‘legal high’.  The proposed Policy was consulted on using the special consultative procedure (SCP) as required by the Act.

15        The purpose of the Policy is threefold:

·        To minimise the harm caused to the community resulting from the use of psychoactive substances by limiting the locations from which the ‘legal high’ may be sold; and

·        To minimise the exposure and potential harm of legal highs to vulnerable members of the community; and

·        To ensure the community has influence over the location of the premises licensed to sell the products, so much as legally possible.

16        The Policy restricts legal high retailers to the Dunedin central city area provided they are more than 100 metres away from ‘sensitive sites’ like schools, churches, Dunedin Public Library, Dunedin Hospital, mental health facilities and justice premises.

17        The Policy was reviewed in 2021 using the special consultative procedure, and retained, with the addition of the bus hub area as a restricted retail site.

DISCUSSION

Policy review

14        Staff have reviewed the Policy and, apart from minor typographical edits for clarity, recommend no changes to the content. See Attachment B for the minor edits tracked.

Consultation

15        As it is not intended that the Policy is amended or replaced, the special consultative procedure is not required for this review. Given that there are no proposed changes to the content, there are still no approved substances, and the same Policy was consulted on previously, there is nothing new to consult on. Therefore, no further consultation is proposed.

Option to revoke or lapse the Policy

16        As there are currently no approved substances in New Zealand, some councils have revoked their policies (by resolution from a specific date) or allowed them to lapse. If there is no intention to review the Policy and no action is taken to do this, then the Policy would lapse after the statutory five year review period. If the Council decides not to have a Policy (either by revoking the Policy or not reviewing the Policy), there would be no control on where legal highs could be sold in the city should any products be approved.

Other councils

17        Councils are mixed in whether they have developed policies, have continued their policies or have allowed their policies to become lapsed (or revoked). For example, Christchurch and Tauranga continue to have policies while Auckland, Hamilton and Wellington have allowed theirs to lapse.

OPTIONS

18        Options are to retain the Policy with only minor typographical edits and no changes to the content, or to revoke the Policy.

Option One – Retain the Legal High Retail Location Policy with no substantive changes – Recommended (status quo) 

 

19        This option is to retain the Policy with only minor typographical edits and no substantive changes.

Advantages

·        Potentially minimises harm caused to the community resulting from the use of legal highs by limiting the locations where they may be sold.

·        Potentially minimises the exposure and potential harm of legal highs to vulnerable members of the community.

·        Ensures the community has influence over the location of the premises licensed to sell legal highs.

·        Controls where legal highs may be sold should any products be approved.

Disadvantages

·        The Policy could continue to be redundant if no products are approved.

Option Two – Revoke the Legal High Retail Location Policy

20        This option is to revoke the Legal High Retail Location Policy in Dunedin from a specified date.

Advantages

·        We would no longer have a policy that is potentially redundant.

Disadvantages

·        No control over where legal highs may be sold should any products be approved.

·        Lost opportunity to minimise harm caused to the community resulting from the use of legal highs by limiting the locations where they may be sold.

·        Lost opportunity to minimise the exposure and potential harm of legal highs to vulnerable members of the community.

·        Does not allow the community to influence the location of the premises licensed to sell legal highs.

NEXT STEPS

21        If the Council decides to continue with the Policy, staff will update the website, ODT Noticeboard and advise the Psychoactive Substances Regulatory Authority.

Signatories

Author:

Anne Gray - Policy Analyst

Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor

Authoriser:

Bonnie Wright - Manager Compliance Solutions

Paul Henderson - General Manager Corporate and Regulatory Services

Attachments

 

Title

Page

a

Legal High Retail Location Policy 2021

121

b

Tracked edits Legal High Retail Location Policy 2026

126

 

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social and economic well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

This report on the review of the Policy contributes to safe and healthy people in the Social Wellbeing Strategy, and compelling destination in the Economic Development Strategy.

Māori Impact Statement

Consultation is not proposed as part of this review.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications as consultation costs are managed within existing operational budgets.

Significance

This report is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Consultation is not proposed as part of this review.

Engagement - internal

There has been internal engagement with In-House Legal Counsel.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no specific implications for Community Boards.

 

 


Council

25 March 2026

 






Council

25 March 2026

 






Council

25 March 2026

 

 

Review of the Traffic and Parking Bylaw

Department: Transport

 

 

 

 

EXECUTIVE SUMMARY

1          In October 2023, the Council resolved to commence the review of the Dunedin Traffic and Parking Bylaw (the Bylaw) and determined that a bylaw is the most appropriate way to address issues relating to managing traffic and parking in Dunedin. This review must be carried out under the requirements of the Land Transport Act 1998 (LTA) and the Local Government Act 2002 (LGA).

2          This report asks the Council to approve the draft Dunedin Traffic and Parking Bylaw 2026 (see Attachment A) and adopt a statement of proposal (see Attachment B) for consultation purposes. See Attachment C for the current Bylaw which has been in effect since 2010.

3          Proposed changes to the Bylaw are relatively minor. They update technological, social and legislative changes that have taken place since 2010, by:

a)         Inserting new clauses to improve flow and provide clearer guidance,

b)        Updating clauses to be more specific, provide exemptions, or add a new defence against parking offences, and

c)         Making minor changes to terminology and improving clarity.

RECOMMENDATIONS

That the Council:

a)         Determines that the proposed Traffic and Parking Bylaw 2026 meets the additional requirements of section 155 of the Local Government Act 2002 in that:

i)          the proposed Bylaw is the most appropriate form of bylaw, and

ii)         the proposed Bylaw does not gives rise to any implications under the New Zealand Bill of Rights Act 1990.

b)        Approves the proposed Traffic and Parking Bylaw 2026 for consultation purposes, subject to any minor amendments.

c)         Adopts the statement of proposal for consultation purposes, subject to any minor amendments.

d)        Notes that the Chair of the Hearings Committee has the delegation to appoint Council members to the Committee that will receive oral submissions on the Traffic and Parking Bylaw.

BACKGROUND

Land Transport Act 1998

4          The Council is a Road Controlling Authority (RCA) under the LTA. As an RCA, the Council exercises control over local roads within the territorial authority, and over state highways for which the Council has received delegated responsibility from the New Zealand Transport Agency (NZTA) Waka Kotahi.

5          Section 22AB of the LTA provides that an RCA may make bylaws for purposes including prohibiting or restricting parking, prescribing the use of parking places and transport stations (areas used by transport services, e.g. bus hubs or layovers), and regulating other road-related matters. The LTA also enables the Minister of Transport to amend, replace, or disallow any bylaw in certain cases (e.g. if a bylaw conflicts with land transport legislation).

Local Government Act 2002

6          Section 22AD of the LTA sets out that bylaws made under the LTA must follow the Special Consultative Procedure (SCP) as required under section 156 of the LGA. The SCP requires:

a)         That a statement of proposal be prepared and made publicly available with a draft of the proposed amended Bylaw; the reasons for the proposal; and a report on any relevant determinations by the local authority under section 155 of the LGA, where the Council has determined:

i)          That a bylaw is the most appropriate way of addressing traffic and parking restrictions (determined in the 30 October 2023 meeting of the Council: Minutes of Council - Monday, 30 October 2023),

ii)         That the proposed Bylaw is the most appropriate form of Bylaw (decision sought in this report), and

iii)        That the proposed Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990 (decision sought in this report).

b)        That a minimum one-month window be set for receiving submissions from the public, with opportunities provided to present views verbally to a Hearings Committee either in person or by way of audio or audio-visual link (section 83 of the LGA).

Purpose of the Traffic and Parking Bylaw

7          The Council’s Traffic and Parking Bylaw came into effect on 1 March 2010, and sets out the requirements for parking and control of vehicle or other traffic on any road under Council authority, including state highways where control has been delegated to the Council.

8          The Bylaw enables the Council to regulate, control or prohibit any matter for all classes of vehicles or traffic using a road, greenspace adjoining the road, building, or transport station under the control of the Council, for any specified period of time. The Bylaw then enables the Council to make any subsequent changes to these matters. Overall, the Bylaw ensures that mechanisms are in place to support and improve the safety, accessibility and efficiency of the transport network for all road users.

9          The current traffic and parking restrictions adopted by the Council are made publicly available in a Geographic Information Systems (GIS) bylaw database on the Council website:  Parking regulations - Dunedin City Council. The Council regularly consults with the public on minor general parking changes in the city, and the bylaw database is then updated with any changes.

10        Since the Bylaw came into effect in 2010, changes to the technological, legislative and social context mean that the Bylaw needs to be updated to be fit for purpose for today and the future. The Council also approved the Shaping Future Dunedin Transport Programme through the 10 Year Plan process, which resulted in the creation of the Dunedin Parking Roadmap in 2021. The roadmap’s main recommendation, which was supported by the Council on 31 May 2021, was to develop a parking management policy to guide the supply and management of parking in the city. An up-to-date Bylaw will also support the delivery of a Dunedin City Parking Strategy, which is currently in development.

DISCUSSION

Review to date

11        The review of the Traffic and Parking Bylaw 2026 has been led by the Transport Regulation team. The review has been informed by a desk-top study of traffic and parking bylaws adopted by other Councils; by feedback received through internal engagement with Council technical officers; and by an internal and external legal review of the proposed Bylaw.

12        Proposed changes to the Bylaw broadly fit into three categories. The detailed chart of changes is included in the statement of proposal in Attachment B. The categories are discussed below and are:

·    Inserting new clauses to improve flow and provide clearer guidance

·    Updating clauses to be more specific, provide exemptions and to add a new defence

·    Minor changes to update terminology and improve clarity.

Inserting new clauses to improve flow and provide clearer guidance

13        Proposed changes to the Bylaw would introduce new standalone clauses to improve the overall flow and structure. Some clauses are new (such as clauses 5 and 6 that put clearer provisions around how the Council can make resolutions related to traffic and parking, and clearer provisions around permits), while others re-structure existing information to improve readability.

14        For most proposed changes, how traffic and parking regulations and restrictions operate on the ground remains unchanged. Re-naming and re-structuring clauses are intended to improve access to the Bylaw for both the general public and the Council, making relevant guidance in the Bylaw easier to find and clearer.  

15        Some new clauses are introduced to align with terminology in updated legislation and clarify the Council’s role in regulating different types of infrastructure. New clauses 24: Shared paths and cycle paths and 25: Shared zones reflect the updated terminology in the Land Transport (Road User) Rule 2004 and provide more information about the restrictions in place on these types of infrastructure.

16        Other clauses strengthen the ability of the Council to regulate issues under this Bylaw that may affect the community and the environment. Proposed new clause 27: Unformed roads strengthens environmental and safety protections around unformed legal roads, and proposed new clause 26: Engine braking would allow the Council to prohibit or restrict engine braking on roads where the speed limit is 70 kilometres per hour or less.

Updating clauses to be more specific, provide exemptions and to add a new defence

17        A few proposed changes update existing clauses to be more specific and reflect changes in technology to include vehicles such as micro-mobility devices, car share vehicles, and electric vehicles as classes of vehicles in the Bylaw (see Attachment B for the full set of changes).

18        Some changes add important exemptions to certain clauses to ensure better access to parking for vehicles providing essential services (e.g. network utility operators).

19        A new parking defence is also proposed in clause 30 (where a person proves that their act or omission was to avoid the death or injury of any person).

Minor changes to update terminology and improve clarity

20        Many of the proposed changes would update the Bylaw to reflect the latest changes to technology, terminology and legislation, and to improve the overall flow of the Bylaw.

21        Key proposed changes to improve clarity include adding more definitions into clause 4: Interpretation of the Bylaw, and amending definitions where technology has changed or where definitions have been updated in the LTA or the Land Transport (Road User) Rule 2004.

22        “Explanatory notes” are also proposed for inclusion throughout the Bylaw to improve the overall readability of the document, providing examples of how clauses apply.

New Zealand Bill of Rights Act 1990 (NZBoRA) implications

23        Under section 155 of the LTA, the Council must ensure that any bylaw does not give rise to any implications under the NZBoRA. A bylaw cannot be inconsistent with the NZBoRA, which means a bylaw should only limit relevant rights and freedoms in the NZBoRA if such limits can be demonstrably justified in a free and democratic society (section 5 NZBoRA).

24        The intent of the Traffic and Parking Bylaw is to support a transport network that balances demand and is safe, efficient, and accessible for all users. The Bylaw may have implications for the right to freedom of movement in the NZBoRA. However, limiting the movement of vehicles and restricting where they park (in some places and for specified reasons) is a proportionate response to support a safe transport network, and is considered a justified limitation for the prevention of harm.

Consultation

25        As set out in section 13 of the report, the special consultative procedure must be used to consult on the proposed Bylaw under section 22AD of the LTA.

26        On adoption of the statement of proposal, it is proposed that public consultation is conducted for a period of one month from Monday 27 April – Wednesday 27 May 2026. This timeframe will minimise the degree of overlap with the focused consultation on the Council’s draft Annual Plan, which runs from 30 March – 29 April 2026.

27        Engagement methods will include advertising on the Council website, social media pages, on the Otago Daily Times noticeboard, and via the Council monthly household mailout, FYI. Key stakeholders such as the Automobile Association, the Otago Regional Council, the New Zealand Transport Agency Waka Kotahi, Access for All Dunedin, Disabled Persons Assembly, Community Boards, rūnaka, emergency services, and other community groups will be advised and invited to comment.

28        People will have the opportunity to present their views to a Hearings Committee after consultation closes at the end of May.

OPTIONS

29        The Council resolved to review the Traffic and Parking Bylaw in their meeting of 30 October 2023. The two options are to approve the proposed Bylaw and statement of proposal for consultation with amendments, or without any amendments.

Option One – Approve the draft Bylaw and adopt the statement of proposal for consultation purposes (Recommended)

 

30        This option is recommended by Council officers and seeks approval for the draft Bylaw and adoption of the statement of proposal for consultation purposes.

Advantages

·        The proposed Bylaw, statement of proposal, and review process comply with the LTA’s statutory requirements, including the use of the special consultative procedure.

·        Feedback from public consultation will inform how Dunedin regulates traffic and parking and decision-making.

·        A refreshed Bylaw will inform the development of the forthcoming Dunedin City Parking Strategy.

Disadvantages

·        There are no known disadvantages.

Option Two – Approve the draft Bylaw, and adopt the statement of proposal for consultation, with amendments 

31        This is the same as for Option One, but with any amendments specifically recorded in the Council’s resolutions.

NEXT STEPS

32        When the Council approves the Bylaw and statement of proposal for consultation, the following next steps are proposed:

Action

Timeframe

Consultation – using special consultative procedure

27 April – 27 May 2026

Hearings and deliberations

June 2026

Hearings Committee report to the Council with proposed final Bylaw

July/August 2026

 

33        The next review of the Traffic and Parking Bylaw is proposed to occur in 2036.

 

Signatories

Author:

Rose Wunrow - Policy Analyst Transport Regulation

Authoriser:

Jeanine Benson - Group Manager Transport

Scott MacLean - General Manager, City Services

Attachments

 

Title

Page

a

Attachment A - Draft Dunedin City Council Traffic and Parking Bylaw 2026

139

b

Attachment B - Statement of Proposal

157

c

Attachment C - Dunedin City Council Traffic and Parking Bylaw 2010

170

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social and economic well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

Traffic and parking restrictions support a safe, efficient and accessible transport network, support the social and economic wellbeing of Dunedin communities, and support the efficient integration of transport and land use.

 

The review of the Bylaw also supports the efficient management of parking supply which the Dunedin City Parking Strategy (currently in development) will target.

Māori Impact Statement

Mana whenua have expressed support for a safe and efficient transport network through previous consultations. Kāti Huirapa ki Puketeraki and Ōtākou rūnaka, as well as Āraiteuru marae, will be invited to submit on the proposed Bylaw once it and the statement of proposal are adopted for consultation purposes.

 

The Bylaw, and the consultation process, align with three key directions of Te Taki Haruru (TTH), the Council’s Māori Strategic Framework. Alignments are across three of the TTH pou – Autūroa, Autikaka, and Autakata – in line with the cultural key direction for Autūroa and Autikaka, and the social key direction for Autakata.

Sustainability

Parking control changes improve efficiency and access to the transport network for all vehicle types, including more carbon efficient vehicles like cycles, micro-mobility devices, electric vehicles, and car share vehicles.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The implementation of traffic and parking controls in Dunedin supports levels of service set out in the 9 Year Plan, e.g. “The DCC provides the transport network that facilitates safe travel.”

Financial considerations

There are no implications as management of the Bylaw is carried out within existing budgets.

Significance

The decision to approve documents for consultation is considered low in terms of the Council’s Significance and Engagement Policy. The LTA requires that the special consultative procedure is used to review the Bylaw.

Engagement – external

An external legal review has been completed of the proposed Bylaw and statement of proposal. The special consultative procedure will be used to review the Bylaw.

Engagement - internal

There has been internal engagement with Transport, Compliance Solutions, Parks and Recreation, Corporate Policy, Governance, and Communications and Marketing.

Risks: Legal / Health and Safety etc.

There are no identified risks. The draft Bylaw and statement of proposal have been reviewed by external legal counsel.

Conflict of Interest

There is no identified conflict of interest.

Community Boards

There are no specific implications for Community Boards. Community Boards will be notified when the proposed Bylaw is open for public consultation.

 

 


Council

25 March 2026

 

 

TRAFFIC AND PARKING BYLAW 2026

Traffic and Parking Bylaw 2026

Approved by:

The Council

Date approved:

Approved by the Dunedin City Council in February 2010.

Review approved by the Dunedin City Council in TBD 2026.

Date of effect:

Original date of effect: 1 March 2010.

Review date of effect: TBD 2026.

Reviewed:

2026

Next review date:

2036

DOC ID:

 

 

Contents

PART 1 – PRELIMINARY PROVISIONS. 1

1.      Short title and commencement 1

2.      Scope and application. 1

3.      Purpose. 1

4.      Interpretation. 1

PART 2 – RESOLUTIONS AND PERMITS MADE UNDER THIS BYLAW.. 5

5.      Resolutions made under this Bylaw. 5

6.      Permits under this Bylaw. 5

PART 3 – PARKING. 6

7.      General provisions for parking. 6

8.      Temporary discontinuance or restriction of parking spaces 6

9.      Parking spaces, parking places, transport stations, payment parking areas, time restricted areas, other reserved areas and zone parking areas 7

10.   Time-restricted parking. 8

11.   Payment parking. 9

12.   Residents’ parking. 9

13.   Mobility parking. 10

14.   Other reserved parking. 10

15.   Parking in restricted and line-marked parking spaces 11

16.   No parking on certain parts of the road. 12

17.   Parking for display or sale. 12

18.   Motorhomes, heavy goods vehicles, immobilised vehicles and trailers 13

PART 4 – VEHICLE AND ROAD USE AND TRAFFIC MOVEMENT RESTRICTIONS. 13

19.   One-way roads 13

20.   Left or right turns and U-turns 13

21.   Routes and manoeuvres on roads 13

22.   Control of vehicles on roads due to size, nature or goods 14

23.   Special vehicle lanes 14

24.   Shared paths and cycle paths 15

25.   Shared zones 15

26.   Engine braking. 15

27.   Unformed roads 15

PART 5 – OFFENCES AND PENALTIES. 16

28.   Offences and penalties 16

29.   Other offences 16

30.   Parking defences 17

31.   Exempted vehicles 17

PART 6 – MISCELLANEOUS. 17

32.   Revocations and savings 17

ADDITIONAL INFORMATION TO THE TRAFFIC AND PARKING BYLAW 2026. 17

 


PART 1 – PRELIMINARY PROVISIONS

1.      Short title and commencement

1.1     This Bylaw is the Dunedin City Council Traffic and Parking Bylaw 2026 (Bylaw).

1.2     This Bylaw comes into force on TBD 2026.

2.      Scope and application

2.1     This Bylaw applies to all roads under the care, control, or management of Dunedin City Council.

2.2     This Bylaw is made under the Land Transport Act 1998 (LTA).

3.      Purpose

3.1     The purpose of this Bylaw is to set out the requirements for parking and control of vehicular or other traffic on any road or area under the care, control or management of the Council.

4.      Interpretation

4.1     In this Bylaw, unless the context otherwise requires:

Act means the Land Transport Act 1998.

Authorised Officer means any person appointed or authorised by the Council to act on its behalf and includes an Enforcement Officer.

Berm means an area whether laid out in grass or not, between the roadway, and the footpath or property boundary and which may include an area behind a kerb.

Car share vehicle means a vehicle operated by an organisation approved by the Council to provide its members, for a fee, access to a fleet of shared vehicles which they may reserve for use on an hourly or daily basis.

Class of vehicle means groupings of vehicles defined by reference to any common feature and includes:

(a)     vehicles by type, description, weight, size or dimension;

(b)     vehicles carrying specified classes of load by the mass, size or nature of such loads;

(c)      vehicles carrying no fewer or less than a specified number of occupants;

(d)     vehicles used for specified purposes;

(e)     vehicles driven by specified classes of persons.

(f)      carpool and car share vehicle; and

(g)     vehicles authorised by, or displaying a permit authorised by the Council.

Corridor Access Request means an application to carry out any work or activity that affects the normal operation of the road, footpath and grass berm prior to performing the work or activity.

Council means the Dunedin City Council (DCC) and may include any person authorised by the Council to act on its behalf.

Disabled person has the same meaning as in section 2 of the Disabled Persons Community Welfare Act 1975.

Electric scooter is a vehicle, designed in the style of a traditional push scooter, with a footboard, two or three wheels, a long steering handle and one or more electric auxiliary propulsion motors, but the wheels must not exceed 355 millimetres and the motor cannot have a maximum power output exceeding 300 watts.

Enforcement Officer means: 

(a)     any person who has been appointed as an enforcement officer by the Council under the Local Government Act 2002; or

(b)     any person who is an enforcement officer under the Land Transport Act 1998.

Micro-mobility device means transportation using lightweight vehicles such as wheeled recreational devices, skateboards or scooters whether electric or not, and other electric devices whether or not forming part of a self-service scheme in which people hire vehicles for short-term use within a town or city.

Mobility parking area means any reserved parking area for the use of disabled persons as defined by the mobility parking permit application criteria issued by the relevant authority.

Motorhome means any vehicle designed or converted to be used for human habitation, whether self-contained or not, and includes a caravan, campervan, or house truck.

Oversize vehicle means a single vehicle or combination of vehicles and trailers that will not fit into a standard sized parking space. This includes, for example, motorhomes, trucks and vehicles towing trailers or other vehicles.

Parking has the same meaning as in section 2 of the Land Transport Act 1998 and includes stopping and standing a vehicle.

Parking machine means an electronic or mechanical device used to collect payment for parking and includes equipment used to monitor the parking of any vehicle.

Parking place means a road, part of a road, or group of roads, land or building owned or controlled by the Council where the Council has authorised vehicles, or any class of vehicles to wait.

Parking space means an area within a parking place whether demarcated or not by markings, in which a vehicle may park.

1.     Payment parking area means a road, part of a road, or group of roads, land or building owned or controlled by the Council, to be used for parking subject to payment, by way of a parking meter, a Pay and Display machine, In-Car Meter, or any other method of payment for parking as determined by the Council.

1           Permit means an electronic or paper/card permit, or other written permission provided by the Council under this Bylaw or a previous bylaw, which authorises certain conduct or activity, such as authorising the vehicle displaying the permit to be parked in a particular parking area.

2           Prescribed fee means New Zealand coin, token, card, prepaid parking device, or other system of payment prescribed by the Council pursuant to this Bylaw as the fee payable for parking in a parking space.

3           Reserved Parking area means a road, part of a road, or group of roads, land or building owned or controlled by the Council, reserved by the Council for the exclusive use of a particular class or classes of vehicle.

4           Residents parking permit means a permit (physical or electronic), authorising a vehicle to park in a parking space or area that has been authorised by the Council as part of a “Residents’ only parking area” or a “Residents’ exemption parking area.”

5           Residents’ only parking area means a road, part of a road or group of roads, land or building owned or controlled by the Council for the exclusive use of persons who reside in the vicinity.

6           Residents’ exemption parking area is a road, part of a road or group of roads, land or building owned or controlled by the Council where persons who reside in the vicinity are exempt from some or all parking restrictions.

          Resolution means a motion that has been adopted by a meeting of the Council.

 

7           Road has the same meaning as in section 2 of the Land Transport Act 1998, and includes:

(a)     parking places and transport stations,

(b)     state highways for which the New Zealand Transport Agency Waka Kotahi has delegated powers to the Council, and

(c)      unformed roads.

Explanatory Note: In the interests of clarity, while beaches are classed as roads, permitted activities and regulations related to beaches can be found in the Dunedin City Council Reserves and Beaches Bylaw.

8           Shared path means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all or of the following persons at the same time:

(a)     cyclists;

(b)     pedestrians;

(c)      riders of mobility devices;

(d)     riders of micro-mobility devices

9           Shared zone means a length of roadway intended to be used by pedestrians and vehicles (including cyclists).

Taxi has the same meaning as a “small passenger service vehicle” under section 2 of the Land Transport Act 1998.

Time-restricted parking area means a road, part of a road, or group of roads, land or building owned or controlled by the Council, and authorised by the Council for use with a limit on the length of time for which vehicles may park.

Traffic means road users of any type and includes pedestrians, vehicles and driven or ridden animals.

Transport station has the same meaning as defined in section 591 of the Local Government Act 1974.

Traffic management plan means a plan that sets out how a safe environment will be created for all road users while an activity occurs, and which complies with New Zealand Transport Agency Waka Kotahi’s guidance on temporary traffic management.

Unformed road means any legal road that has not been physically formed, laid out, constructed, or enhanced by adding metal seal, or any other type of surface.

Explanatory Note: Unformed roads may be commonly known as unformed legal roads or paper roads.

Vehicle crossing means the cross-over pads on a footpath or berm that enable a vehicle to access a property adjacent to the road and covers the area of road from where the driveway leaves the legal boundary of the property concerned and continues until the driveway meets the roadway.

2.     Zone parking means an area declared by Council as comprising a number of roads where parking restrictions apply and in respect of which, persons using vehicles within the zone can reasonably be expected to be aware of the application of the parking restriction to the area without the need for the erection of signs at each intersection within the area, for reasons including:

(a)     the nature of the zone;

(b)     the nature of the parking restriction;

(c)      traffic patterns into and within the zone; or

(d)     the nature and number of entry points to the zone.

The extent of the zone is defined by signs at the boundaries advising road users of the control requirements.

4.2     In this Bylaw, unless the context otherwise requires:

(a)     goods service vehicle, heavy motor vehicle, mobility device, motor vehicle, moped, motorcycle, owner, parking, small passenger service vehicle, and vehicle have the same meanings as in section 2(1) of the Land Transport Act 1998; and

(b)     bus lane, cycle, cycle lane, cycle path, driver, electric vehicle, emergency vehicle, footpath, hours of darkness, pedestrian, pedestrian crossing, power assisted cycle, road user, roadway, special vehicle lane and wheeled recreational device, have the same meanings as in clause 1.6 of the Land Transport (Road User) Rule 2004.

4.3     Any undefined words, phrases or expressions used in this Bylaw have the same meaning as in the Act unless the context plainly requires a different meaning.

4.4     The Legislation Act 2019 applies to the interpretation of this Bylaw.

4.5     Explanatory notes are not part of the Bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the Bylaw.

3.     Explanatory Note: for convenience, some of these definitions are reproduced below, in their form as at the date this Bylaw was made. However, the Act and Rules are subject to change, and the wording of the definitions at any particular time should be confirmed in the Act or Rules themselves.

PART 2 – RESOLUTIONS AND PERMITS MADE UNDER THIS BYLAW

5.      Resolutions made under this Bylaw

5.1     The Council may make a resolution under this Bylaw:

(a)     to regulate, control or prohibit any matter or thing generally, or for any specific classes of case, or in a particular case;

(b)     that applies to all vehicles or traffic or to any specified class of vehicles or traffic using a road;

(c)      that applies to any road or part of a road, greenspace adjoining the road, building, or transport station under the care, control, or management of the Council; or

(d)     that applies at any specified time or period of time.

5.2     The Council may subsequently amend or revoke any resolution made under this Bylaw at any time.

5.3     Where the Council makes a resolution under clause 9 of this Bylaw, it is deemed to have authorised the use of the area to which the resolution relates, including any legal road within that area, as a parking place or transport station under section 591 of the Local Government Act 1974.

5.4     Where the Council has made a resolution:

(a)     it must install any signs, markings or other traffic controls that are required under this Bylaw or the Land Transport Rule: Traffic Control Devices 2004 to give effect to the resolution; and

(b)     the resolution will have effect only once any such signs, markings and traffic controls have been installed.

Explanatory Note: All resolutions made by Council under this Bylaw will be displayed on the Council’s website.

6.      Permits under this Bylaw

6.1     This clause applies to any permit in this Bylaw granted by the Council or an authorised officer and which may provide for an exemption from any requirements in the Bylaw.

6.2     Any permit granted under this Bylaw must be given in writing.

6.3     Any permit given under this Bylaw may:

(a)     include conditions (including the payment of ongoing fees and charges); and

(b)     be granted at the discretion of the Council or authorised officer.

6.4     The Council may, at its discretion, at any time, review any permit given under this Bylaw.

6.5     An authorised officer determining an application may require the applicant to provide further information, such as (without limitation): a traffic management plan, site location plan, a corridor access request or any other documentation regarding the applicant and relevant to the case.

6.6     The Council may:

(a)     determine the criteria for obtaining a permit,

(b)     determine the process for applying for a permit, including the provision of any information to the Council;

(c)      set application fees for any permit under this Bylaw, and any application for a permit must be accompanied by the relevant application fee (if any); and

(d)     set the procedure for determining permit applications.

6.7     Any breach of the conditions of a permit granted under this Bylaw:

(a)     may result in the permit being withdrawn; and

(b)     is a breach of this Bylaw.

6.8     Where a permit is required to be held for a residents’ only parking area or any other parking area:

(a)     The parking permit must be displayed and be legible and visible on the vehicle (physical permit) or held (electronic permit) for the parked vehicle;

(b)     The permit applies only to the motor vehicle described in the permit;

(c)      The permit must be returned to the Council (physical permit) or the Council notified (electronic permit) immediately after the holder ceases to be entitled to the permit; and

(d)     The permit is valid and effective only during the time specified on the permit and in the street or area specified on the permit.

PART 3 – PARKING

7.      General provisions for parking

7.1     The Council may by resolution prohibit, restrict or limit the parking of vehicles or any specified class of vehicle on any road.

7.2     A person must not park a vehicle on any road contrary to any resolution or permit issued under clauses 5 and 6.

10        Explanatory Note: Examples of restrictions include:

·      prohibiting parking on any roads (“No Stopping”);

·      prohibiting heavy motor vehicles from parking on roads in residential areas;

·      prohibiting trailers and motorhomes from parking in certain locations (e.g. next to slipway entrances); and

·      providing for bus stops, taxi stands, etc.

8.      Temporary discontinuance or restriction of parking spaces

8.1     An authorised officer may temporarily discontinue or restrict the use of any parking space by placing signage that indicates "No stopping" or installing other appropriate temporary traffic control measures for the parking area concerned.

8.2     An authorised officer may temporarily discontinue the use of a parking space or restrict its use to certain permitted vehicles, classes of vehicle, or items, and, if so, must place or install appropriate signage or other traffic controls to notify these parking restrictions.

8.3     Without limiting clauses 8.1 and 8.2, the type of situations where an authorised officer might temporarily discontinue a parking space or restrict its use include:

(a)     enabling a safe response to an incident that has occurred on the road;

(b)     accommodating road works;

(c)      accommodating an authorised event;

(d)     providing a temporary bus stop or bus lane;

(e)     enabling construction activity on or adjacent to the road;

(f)      where a permit for an item (such as a container or skip) has been granted; and 

(g)     ensuring sufficient numbers of parking spaces for other purposes such as residents’ parking (clause 12), mobility parking (clause 13), and other reserved parking (clause 14), where existing parking for such purposes has been temporarily impacted.

8.4     In the event that a parking space has been temporarily restricted, any permitted vehicle using the parking space must pay any applicable parking fees and charges set by the Council.

8.5     No person may park a vehicle contrary to any parking controls placed or installed by an authorised officer under this clause.

9.      Parking spaces, parking places, transport stations, payment parking areas, time restricted areas, other reserved areas and zone parking areas

9.1     The Council may by resolution:

(a)     reserve any road, part of a road, or group of roads, land or building owned or controlled by the Council (or a combination of these) to be a parking space, parking place, a transport station, a zone parking area, a payment parking area, a time restricted area, other reserved area, or any combination of these;

(b)     designate an area to be a zone parking area and the restrictions that apply in that zone parking area (“zone parking controls”); and

(c)      specify the classes of vehicle that may or must not use the parking space, parking place, transport station zone parking area, payment parking area, time restricted area, or other reserved area;

(d)     prescribe any conditions under which a parking space, parking place, transport station, zone parking area, payment parking area, time restricted area, or other reserved area must be used, including (without limitation) conditions relating to days and times for parking, how maximum time periods for parking may be applied, the number and location of parking spaces, and classes of vehicles exempt from conditions;

(e)     prescribe:

(i)      any charges to be paid for the use of a parking space, parking place, transport station, zone parking area, payment parking area, time restricted area, or other reserved area;

(ii)      the manner by which parking charges may be paid; and

(iii)     the way fees are applied when a vehicle re-parks within a payment area.

(f)      prescribe any other condition the Council considers necessary for the efficient management and control of a parking space, parking place, transport station, zone parking area, payment parking area, time-restricted area, or other reserved area.

9.2     Any restrictions imposed under this clause do not apply to parking spaces or other areas within that parking place or zone where other specific parking restrictions apply.

9.3     The Council may grant a permit under clause 6 of the Bylaw, as an exception to any prohibition, restriction or limitation made by resolution under clauses 9.1, 10.1 (Time-restricted parking), 11.1 (Payment Parking), 12.1 (Residents’ parking), 13.1 (Mobility parking) and 14.1 (Other reserved parking).

9.4     A person must not park a vehicle in a parking space, parking place, transport station, within a payment parking area, a time-restricted area, zone parking area or other reserved area in contravention of any prescribed fee, prohibition or restriction made by the Council, under clauses 9.1, 10.1 (Time restricted Parking), 11.1 (Payment Parking), 12.1 (Residents’ parking), 13.1 (Mobility parking) and 14.1 (Other reserved parking), or in contravention to any permit issued under clauses 6 and 9.3.

9.5     When a permit is required to be held under this clause and clause 6, it must be displayed prominently inside the vehicle to which the permit relates so that it can be read from outside the vehicle (if a physical permit is being used), or the driver must hold a valid electronic permit for the parked vehicle.

Explanatory Note 1: Clause 9 provides for both on-street and off-street parking that is subject to restrictions. Examples of restrictions include prescribing:

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·      the number and location of parking spaces;

·      when restrictions apply and the length of those restrictions; and

·      parking charges and the method of payment for those charges.

 

If the Council designates an area as a zone parking area, the parking restrictions in that zone may apply to a number of roads.

 

Explanatory Note 2: Zone parking restrictions apply within the area where people using vehicles can reasonably be expected to be aware of the application of the parking restriction to the area where the area is marked and signs installed at reasonable intervals, without the need for signs at each intersection within the area.

10.    Time-restricted parking

10.1    Where the Council has made a resolution under clause 9 to create a time-restricted parking area and prescribe applicable conditions to this area, other specific conditions to the type and nature of this area also apply as set out in this clause.

10.2    The maximum time period set under this clause will also apply to any vehicle that moves between parking spaces within the same time-restricted parking area within that period.

10.3    The maximum time period set for a time-restricted parking area will not apply to any parking space (or other area) within the time-restricted parking area that has been reserved by the Council for a particular class or description of vehicle under clauses 12 (Residents’ parking), 13 (Mobility parking), and 14 (Other reserved parking).

Explanatory Note 1: Any space or part of a time-restricted parking zone may be concurrently part of a payment parking zone.

Explanatory Note 2: If a vehicle leaves a parking space within a time restricted parking zone and re-parks in the same zone more than 30 minutes after leaving, the maximum time period prescribed in this case starts from the time that the vehicle is re-parked.

11.    Payment parking

11.1    Where the Council has made a resolution under clause 9 to create a payment parking area and prescribe applicable conditions to this area, other specific conditions to the type and nature of this area also apply as detailed below.

11.2    A vehicle will be deemed to have remained parked within a payment parking area if it leaves a parking space within that zone, but within 30 minutes of doing so either:

(a)     re-occupies the same parking space; or

(b)     moves to a different parking space within the same payment parking area.

11.3    If a vehicle leaves a parking space within a payment parking area and re-parks in the same area more than 30 minutes after leaving, the applicable fees and charges start again from the time that the vehicle is re-parked, and any first hour free or other similar resolutions made by the Council under this clause do not apply.

11.4    The fees and charges set for a payment parking area under this clause will not apply to any parking space (or other area in a road or parking place) in the payment parking area that has been reserved by the Council for a particular class of vehicle under clauses 12 (Residents’ parking), 13 (Mobility parking), 14 (Other reserved parking).

11.5    Any part of a payment parking area can concurrently also be part of a time-restricted parking area.

12.    Residents’ parking

12.1    The Council may by resolution specify any road, or part of a road, or group of roads, land or building owned or controlled by the Council to be:

(a)     a residents’ only parking area for the exclusive use of persons who reside in the vicinity and hold a resident’s parking permit; or

(b)     a residents’ exemption parking area where persons who reside in the vicinity and hold a residents’ parking permit are exempt from general parking restrictions within this exemption area.

12.2    The Council may by resolution prescribe:

(a)     any fees to be paid annually or otherwise, by persons holding a residents’ parking permit;

(b)     the manner by which any such fees may be paid;

(c)      the days and times applying to the reservation of parking spaces or exemption from parking requirements referred to in clause 12.1;

(d)     which parking, stopping and standing restrictions permit holders are exempt from within a residents’ exemption parking area; and

(e)     any other conditions the Council considers necessary or desirable for the efficient management and control of all or any part of the reserved residents’ parking scheme.

12.3    A person applying for a residents’ parking permit must meet the terms, conditions, and eligibility criteria set by the Council as made available on the website.

12.4    Any person who parks a vehicle in a residents’ only parking area must pay the prescribed residents’ parking permit fee and display (physical permit) or hold (electronic permit) an approved residents’ parking permit.

12.5    To be exempt from parking restrictions, including parking charges, any person who parks a vehicle in a residents’ exemption parking area must pay the prescribed residents’ parking permit fee and to display (physical permit) or hold (electronic permit) a current approved residents’ parking permit.

12.6    A person must not park a vehicle in a residents’ only parking area or in a residents’ exemption parking area in contravention of a prohibition or restriction made by the Council under clauses 12.1 to 12.5.

12.7    Despite clauses 12.3, 12.4 and 12.6, the following types of vehicles may be parked in a residents’ only parking area:

(a)     a service vehicle used by a person providing services to a residence or premises within the residents’ only parking area (such as dog control officers, building inspectors, electricians, plumbers, professional carers or health workers);

(b)     a vehicle used by a network utility operator while carrying out maintenance on the network utility operators within the residents’ only parking area; or

(c)      vehicles being used to pick up or deliver goods to, or in connection with emergency maintenance of, residences or premises within the residents’ only parking area.

13.    Mobility parking

13.1    Where the Council has made a resolution under clause 9 to create a mobility parking area and prescribe applicable conditions to this area for the exclusive use of disabled persons, no person may park a vehicle that does not hold or display a current approved disabled person’s parking permit in this area, unless the vehicle is being used to pick up or drop off a disabled person and the vehicle is not parked in excess of any time limits imposed under this clause.

14.    Other reserved parking

14.1    Where the Council has made a resolution under clause 9 to create a reserved parking area for the exclusive use of a particular class or classes of vehicle and prescribe applicable conditions to this area, no person may park in this area except in the specified class of vehicle for which that area is reserved, unless the person holds a permit from the Council for that parking.

14.2    Classes of vehicles include (without limitation):

(a)     motorcycles;

(b)     cycles, including power assisted cycles;

(c)      electric scooters, wheeled recreational devices and other micro-mobility devices;

(d)     electric vehicles, while in the course of being recharged at an electric vehicle charging station;

(e)     goods service vehicles;

(f)      taxis and other small passenger service vehicles;

(g)     buses and coaches, both public and commercial;

(h)     vehicles in the course of loading or unloading goods or passengers (regardless of the denomination used for the zone such as, but not limited to loading zone, authorised vehicles area, or other);

(i)      vehicles used by pregnant persons or by persons accompanied by infants or young children;

(j)      car share vehicles;

(k)     oversize vehicles, trailers, boats or caravans;

(l)      diplomatic or consular corps vehicles;

(m)    members of the judiciary vehicles;

(n)     medical practitioner vehicles; and

(o)     mobile traders using stands or stalls.

15.    Parking in restricted and line-marked parking spaces

15.1    When parking in a parking space, a person must:

(a)     park the vehicle entirely within the markings that indicate the limits of the parking space, so that no part of the vehicle is outside of or overhangs the markings; and

(b)     not park the vehicle in a parking space that is already occupied by another vehicle; and

(c)      if the parking space is parallel to the kerb or footpath, park the vehicle (except a motorcycle or moped) so that it is headed in the same direction as traffic on the side of the road on which it is parked; and

(d)     if the parking space is an angle park, ensure the front or rear of the vehicle (as the case may be) is as near as is practical to the kerb or footpath (or as near as wheel stops permit) but does not overhang the kerb or footpath.

15.2    Despite clause 15.1, a person may park an oversize vehicle or a vehicle that has a trailer attached in two adjacent parking spaces that are in the same alignment, provided it does not overhang any kerb or footpath and the fees are paid as required for both spaces.

15.3    Despite clause 15.1, a person parking a motorcycle or moped may park in a parking space that is already occupied by another vehicle where more than one motorcycle or moped may be parked in a parking space.

15.4    Where more than one motorcycle or moped occupies a parking space, or are within a parking zone, each motorcycle or moped is required to pay the relevant parking fee for the space.

15.5    A motorcycle or moped may be parked otherwise than parallel to the kerb or footpath if there are no specific signs or markings that do not allow this and provided that during the hours of darkness the motorcycle or moped is sufficiently illuminated to be visible from at least 50 metres.

16.    No parking on certain parts of the road

16.1    No person may wholly or partially park a vehicle on a berm, verge, kerb, lawn, garden, or other cultivation forming part of a road in an urban area.

16.2    No person may wholly or partially park a vehicle on that part of any road which has been separated from the roadway by a kerb that is a paved or other surfaced landscaped area, with or without a planted area, and whether or not it is designed for use by pedestrians.

16.3    No person may park a vehicle off a roadway in any reserve, park or similar land used for public recreation, and which is under the Council’s control.

16.4    A person may park a vehicle in contravention of this clause if:

(a)     that part of the road is designed and constructed to accommodate a parked vehicle; or

(b)     the vehicle has run out of effective motive power or is in such a state that it cannot be safely driven, in which case the person shall proceed to take action to remediate the situation as soon as possible giving notice to the Council as to when the vehicle is planned to be removed; or

(c)      the Council or an authorised officer has otherwise given written permit to park a vehicle in that part of the road; or

(d)     the vehicle enables maintenance or construction work to be carried out on a network utility operator’s asset; or

(e)     the Council, by resolution, has allowed motor vehicles to stop, stand, or park in that part of the road.

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Explanatory Note: This clause still allows a person to stop, stand or park a motor vehicle off the roadway where there is no kerb unless otherwise restricted by signs and/or markings. For example, a person may park a motor vehicle off the roadway on a rural road on the grass verge. 

17.    Parking for display or sale

17.1    No person may park a vehicle on any road or parking place for the purpose of:

(a)  advertising a good or service; or

(b)  offering the vehicle for sale unless the vehicle is being used for day-to-day travel.

Explanatory Note: Clause 17 is made under section 22AB(1)(zk) of the Land Transport Act 1998: “regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.”

18.    Motorhomes, heavy goods vehicles, immobilised vehicles and trailers

18.1    No person may stop, stand or park a motorhome, heavy goods vehicle, immobilised vehicle or trailer, whether or not the trailer is attached to another vehicle, on any road for a continuous period exceeding five days without the prior written permit of an authorised officer.

18.2    Parking on any road for a continuous period exceeding five days in clause 18.1 includes parking on any road within 500 metres of the original parking place, at any time during that time.

Explanatory Note: The restriction on the parking of trailers to a maximum of a five-day continuous period is consistent with Rule 6.19 of the Land Transport (Road User) Rule 2004.

PART 4 – VEHICLE AND ROAD USE AND TRAFFIC MOVEMENT RESTRICTIONS

19.    One-way roads

19.1    The Council may by resolution:

(a)     require vehicles on a specified road to travel in one specified direction only; and

(b)     specify that cycles may travel in the opposite direction on a one-way road.

19.2    A driver of a vehicle must travel only in the direction specified on a one-way road.

20.    Left or right turns and U-turns

20.1    The Council may by resolution prohibit or restrict turning movements, including:

(a)     vehicles or classes of vehicles on any road from turning to the right, or to the left, or from proceeding in any other direction; and

(b)     vehicles turning from facing or travelling in one direction to facing or travelling in the opposite direction (performing a U-turn) on specified roads.

20.2    A person must not turn a vehicle to the left, or to the right, or perform a U-turn, or proceed in any other direction on any road where the Council has prohibited or restricted such movements.

20.3    Any resolution made under this clause may be made for a partial restriction that specifies the hours or days of the week that a restricted turning movement may be made.

21.    Routes and manoeuvres on roads

21.1    The Council may by resolution prescribe for traffic or specified classes of vehicles routes that must be followed or any turning movements or manoeuvres that must be undertaken at an intersection, or on a road, cycle path or shared path.

21.2    A person must not use a road, shared path or cycle path in a manner contrary to a prohibition or restriction made by the Council.

22.    Control of vehicles on roads due to size, nature or goods

22.1    The Council may by resolution prohibit or restrict, subject to such conditions as the Council thinks fit, any specified class of traffic or any specified motor vehicles or class of vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads.

22.2    Notwithstanding any resolution made under this clause and as specified in clause 6 of this Bylaw, the Council may give written permit to contractors in respect of specified construction or similar contracts or projects on restricted roads, subject to conditions if required.

22.3    A permit for a vehicle to be used in contravention of any resolution under this clause may be issued for the purposes of:

(a)     loading or unloading goods or passengers at any property whose access is by way of the road; or

(b)     undertaking maintenance on a road from which it has been prohibited and for which alternative access is not available; or

(c)      undertaking maintenance of a network utility operator’s assets on or near a road from which it has been prohibited and for which alternative access is not available; or

(d)     undertaking maintenance of public transport infrastructure on or near a road from which it has been prohibited and for which alternative access is not available.

22.4    A person must not use a road in a manner contrary to any resolution made under clause 22.1 (unless a permit under clause 22.2 applies).

22.5    No stock shall be transported in heavy motor vehicles through urban areas except over the state highway system.

Explanatory Note: Under clause 22, the Council could, for example, prohibit heavy motor vehicles from using certain roads in the city, or cycles from using busy roads in the city.

 

For any restrictions or conditions for the driving of stock, refer to the Council’s Roading Bylaw.

23.    Special vehicle lanes

23.1    The Council may by resolution prescribe a road, or a part of a road, as a special vehicle lane that may only be used by a specified class or classes of vehicle.

23.2    Any resolution made under this clause must specify:

(a)  the type of special vehicle lane and classes of vehicle that may use the special vehicle lane; and

(b)  the hours of operation of the special vehicle lane (if any) when it is restricted to specific classes of vehicles.

23.3    A person must not use a special vehicle lane contrary to any restriction made under this clause.

24.    Shared paths and cycle paths

24.1    The Council may by resolution determine:

(a)     the length, route and/or location of a shared path, cycle path or cycle lane; and

(b)     priority for users on a shared path, cycle path, or cycle lane.

24.2    No person may use a shared path, cycle path, or cycle lane in a manner that is inconsistent with a restriction or priority determined by the Council.

24.3    Despite clause 24.2 a person may drive over a shared path, cycle path, or cycle lane where it is necessary to do so in order to access a property that does not otherwise have road access.

25.    Shared zones

25.1    The Council may by resolution specify any road or part of a road to be a shared zone.

25.2    Any resolution made under this clause may specify:

(a)     whether the shared zone may be used by specified classes of vehicles;

(b)     the days and hours of operation of the shared zone (if they differ from 24 hours per day, 7 days per week); and

(c)      any other restrictions on how the shared zone is to be used by the public, including how traffic and pedestrians will interact.

25.3    Except where the Council has by resolution specified otherwise, no person may stand or park a vehicle in a road specified as a shared zone.

25.4    A person must not use a shared zone in a manner contrary to any resolution made by the Council.

26.    Engine braking

26.1    The Council may by resolution prohibit or restrict engine braking on any road where the permanent speed limit does not exceed 70 kilometres per hour. 

26.2    A person must not use engine braking on any road contrary to a prohibition or restriction made under this clause.

27.    Unformed roads

27.1    The Council may by resolution restrict the use of motor vehicles on unformed legal roads for the purpose of protecting the environment, the road and adjoining land, and/or the safety of road users.

27.2    A person must not use a motor vehicle on an unformed road contrary to a restriction made by the Council under this clause.

 

Explanatory Note: Clause 16 still allows a person to stop, stand or park a motor vehicle off the roadway where there is no kerb unless otherwise restricted by signs and/or markings. For example, a person may park a motor vehicle off the roadway on a rural road on the grass verge.

 

Explanatory Note: Other temporary use of the road and items on roads. No person may carry out a temporary act that affects the normal operating conditions of a road by operating or leaving any item (such as machinery, equipment, materials, portaloos, skips, waste receptacles, freight containers or other items), on any road unless with the prior written permission of the Council or an authorised officer. The Dunedin City Council Roading Bylaw contains provisions relevant to the use of the road and things on roads and vehicle and object removal.

 

PART 5 – OFFENCES AND PENALTIES

28.    Offences and penalties

28.1    The operation, driving, using or parking of any vehicle in breach of any of the provisions of this Bylaw or any resolution made under this Bylaw is a breach of this Bylaw.

28.2    A person who breaches any provision in this Bylaw commits an offence under the Land Transport Act 1998 and is liable to the penalties set out in that Act and the regulations and rules made under that Act.

29.    Other offences

29.1    In addition, every person breaches this Bylaw and commits an offence who:

(a)     breaches this Bylaw in relation to any permit by:

(i)      making a false application or supplying false details in an application;

(ii)      displaying, placing or using a permit on a vehicle for which it was not issued; or

(b)     interferes with any parking or charging machine (or any part of it) including:

(i)      causing to be inserted in any parking or charging machine anything other than the prescribed currency or cards;

(ii)      misusing the parking or charging machine;

(iii)     tampering with the working or operation of the parking or charging machine;

(iv)     operating or attempting to operate any parking or charging machine by any means other than as prescribed by this Bylaw or contrary to notice, traffic sign, or marking indicated for the correct operation of that machine;

(v)     without written authority from the Council, affixing any placard, advertisement, notice, list, document, board or thing on, or painting or writing upon, any parking or charging machine (or part of it); or

(vi)     wilfully damaging any traffic control sign or parking or charging machine (or part of it).

30.    Parking defences

30.1    It shall be a defence to any person who is the driver, or is in charge of any vehicle and who is charged under this Bylaw with an offence concerning parking, if such person proves that the act (or omission) complained of was done:

(a)     in compliance with the directions of the Council or an enforcement officer or a traffic control device or sign;

(b)     by an enforcement officer or a parking warden and was necessary in the execution of that person’s duty; or

(c)      to avoid the death or injury of any person.

31.    Exempted vehicles

31.1    This Bylaw shall not apply to emergency vehicles being used in an emergency.

31.2    Clauses 7 to 16 of this Bylaw shall not apply to:

(a)     a vehicle operated by medical practitioners such as doctors, district nurses and midwives who are attending an emergency;

(b)     a vehicle operated by the Council or for the Council such as waste collection vehicle collecting waste during the necessary fulfilment of Council’s statutory functions, duties or powers; or

(c)      a vehicle operated by utility providers whilst engaged in emergency or repair work to a public utility service.

PART 6 – MISCELLANEOUS

32.    Revocations and savings

32.1    The Dunedin City Council Traffic and Parking Bylaw 2010 is revoked.

32.2    Despite previous clause 32.1, the schedules of the Dunedin City Council Traffic and Parking Bylaw 2010 remain in force for the purposes of this clause.

32.3    Any approval, permit or other act of authority which originated under or was continued by either of the Bylaw revoked in clause 32.1 that is continuing at the commencement of this Bylaw, continues to have full force and effect for the purposes of this Bylaw, but is subject to the application of any relevant clauses in this Bylaw.

32.4    The resolutions of the Council made or continued under the Bylaw revoked under clause 32.1 continue to have full force and effect for the purposes of this Bylaw as if they were resolutions made under this Bylaw. 

32.5    The revocation of the Bylaw under clause 32.1 does not prevent any legal proceedings, criminal or civil, being taken to enforce the Bylaw and such proceedings continue to be dealt with and completed as if the Bylaw had not been revoked.

ADDITIONAL INFORMATION TO THE TRAFFIC AND PARKING BYLAW 2026

This additional information does not form part of the Bylaw. It contains information to help users understand, use and maintain the Bylaw. This information may be updated at any time.

Relevant Legislation:

Land Transport Act and the regulations and rules made under that Act

Legislation Act 2019

Local Government Act 2002

Disabled Persons Community Welfare Act 1975

Dunedin City Council Roading Bylaw 2020

Dunedin Reserves and Beaches Bylaw 2017

 


Council

25 March 2026

 

 

 

 

Traffic and Parking Bylaw 2026

Statement of Proposal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 This statement of proposal for this special consultative procedure is prepared under section 22AD of the Land Transport Act 1998, and sections 83 and 86 of the Local Government Act 2002. 

 


INTRODUCTION

The Dunedin City Council has reviewed and is proposing amendments to the Traffic and Parking Bylaw 2010 and welcomes your feedback on the proposed changes.

BACKGROUND

The Dunedin City Council’s Traffic and Parking Bylaw (the Bylaw) was established in 2010. The Bylaw is made under the Land Transport Act 1998 (LTA) and enables the Dunedin City Council (the Council) to balance competing demands for road space and keep people safe by establishing and enforcing traffic and parking restrictions within the Council’s district, including on delegated state highways.

The current Bylaw is supported by a Geographic Information System (GIS) bylaw database that includes all on-street parking prohibitions, restrictions, and limitations, as indicated by traffic control devices, signs, and road markings. This database is available for public viewing on the Council’s website. When parking restrictions are updated, these changes are added to the database so that the public is informed. Dunedin’s current parking controls are available online at: Map of different parking controls around Dunedin - Dunedin City Council.

Between 2010 and today, changes in the technological, social, and legal context mean that some sections of the Bylaw need to be brought up to date. The Council is also currently developing a Parking Strategy that will guide the supply and management of parking in the city. The amendments proposed following our review will make sure the Bylaw is fit for purpose for future changes and well aligned with the forthcoming Strategy.

PROPOSAL

Overall, the Bylaw is working well to regulate traffic and parking restrictions in Dunedin. The proposed changes in the Traffic and Parking Bylaw 2026 are relatively minor in nature, and provide greater clarity, remove redundancy, and update terminology with the latest changes in technology and legislation. New clauses in the Bylaw add important clarifications around how resolutions are made and conditions under which permits are granted. Some proposed changes add more guidance to existing clauses and clarify some exemptions to traffic and parking restrictions. Changes proposed to the Bylaw are summarised in three categories below.

1.  Inserting new clauses to improve flow and provide clearer guidance

·    Proposed changes to the Bylaw will introduce new standalone clauses to improve the flow of the Bylaw, make clearer provision for resolutions on matters in the Bylaw, and make clearer provision for the types of parking permits and types of parking areas.

·    In practice, these proposed changes do not change how traffic and parking regulations and restrictions operate on the ground, but they are intended to provide a clearer structure and guidance in the Bylaw.

·    For some of the proposed changes, new clauses are introduced to either align with terminology in updated legislation (e.g. proposed new clause 25: Shared zones), or to strengthen the ability of the Council to regulate issues that may affect the community (e.g. proposed new clause 26: Engine braking).

2.  Updating clauses to be more specific, provide exemptions and to add a new defence

·    A few of the proposed changes update existing clauses to be more specific (e.g. about the types of vehicles that can access reserved parking).

·    Some changes add important exemptions to certain clauses to ensure better access to parking for vehicles providing essential services (e.g. network utility operators).

·    A new parking defence is also proposed in clause 30 (where a person proves that their act or omission was to avoid the death or injury of any person).

3.  Minor changes to update terminology and improve clarity

·    Many of the proposed changes will update the Bylaw to reflect the latest changes to technology, terminology and legislation, and to improve the overall flow of the Bylaw.

·    Key proposed changes to improve clarity include adding more definitions into clause 4: Interpretation of the proposed Bylaw, and amending definitions where technology has changed or where definitions have been updated in the LTA or the Land Transport (Road User) Rule 2004.

·   
“Explanatory notes” are also proposed for inclusion throughout the Bylaw to improve the overall readability of the document.

 

OPTIONS

 

1.  Inserting new clauses to improve flow and provide clearer guidance

Status quo

Option

Pros (√) and cons (X)

1A

No structural changes or new clauses introduced into the Bylaw.

X Does not reflect current technology, terminology or updates to legislation

 

X Does not provide clearer guidance to road users about provisions in the Bylaw, including resolutions, permits and parking areas

 

X Does not provide opportunities to regulate engine braking where noise issues are causing a significant disturbance

 

Proposed changes

Option

Pros (√) and cons (X)

1B

Part 1: Preliminary provisions

Add new explanatory note under the definition of “road” noting that while beaches are classes as roads, the Dunedin City Council Reserves and Beaches Bylaw sets out permitted activities and regulations related to beaches

 

Reason: Clarifies that there is an existing Council Bylaw that regulates reserves and beaches

 

Provides more clarity on how beaches are regulated

 

Avoids duplication with an existing Council Bylaw

 

1C

Part 2: Resolutions and permits made under this Bylaw (new section)

 

Add new clauses on:

-      Resolutions (clause 5)

-      Permits (clause 6)

 

Add that a traffic management plan, site location plan, and corridor access request may be required when applying for a permit (subclause 6.5)

 

Reason: To provide greater clarity about the process for Council resolutions and permits (which is important to align with the future Dunedin City Parking Strategy).

Provides more clarity about how resolutions are made (and what a resolution may cover) and provides process and other requirements for certain types of permits

 

Aligns with the intent of the future Dunedin City Parking Strategy

 

X Adds additional administrative requirements when applying for certain permits

1D

9. Parking spaces, parking places, transport stations, payment parking areas, time-restricted areas, other reserved areas and zone parking areas (new clause, building on clause 13.3 Stopping, standing and parking of the current Bylaw)

 

Add “parking spaces,” “parking places,” “time-restricted areas,” and “other reserved areas” to those current areas that Council may by resolution reserve, and make provision for conditions and possible charges.

 

Reason: To provide greater clarity and provide for emerging needs such as designated parking for mobile trading places, micro-mobility parking, and oversized vehicle parking.

Provides more clarity about the types of areas that Council can, by resolution, reserve for particular types of parking and the restrictions that may apply

 

Updates the Bylaw to provide for emerging parking needs

 

1E

10. Time-restricted parking (new clause, building on subclause 13.3.2 of the current Bylaw)

 

Add new clause setting out conditions for time-restricted parking.

 

Reason: To provide greater clarity of the circumstances for time-restricted parking.

 

Provides more clarity about conditions for time-restricted parking

 

1F

11. Payment parking

(new clause, building on clause 13.4 Metered areas, parking meter zones, and zone parking of the current Bylaw)

 

Update terminology to “payment parking” to reflect current technology (removing references to “metered parking”).

 

Add a control to proposed subclause 11.3 that fees start again should a vehicle be moved and reoccupy a parking space within the zone within 30 minutes.

 

Reason: To update definitions with current technology and terminology, and to provide added clarity on how fees are applied.

Updates the Bylaw to align with updated parking technology

 

Adds a control to ensure vehicles are not re-occupying the same parking space within 30 minutes without payment (which helps encourage parking turnover)

 

X May require additional engagement and education to ensure road users understand restrictions in place

1G

12. Residents’ parking (new clause)

 

Add a new clause to provide more clarity on how residents’ parking is developed and regulated, including terms and conditions for available permits. Allow specific classes of vehicles to park in residents’ only parking areas (subclause 12.7).

 

Reason: To provide greater clarity of the circumstances for residents’ parking and where exemptions apply.

 

Provides more clarity about conditions for residents’ parking and the types of residents’ parking areas

 

Improves parking access for vehicles providing essential services to residential areas

 

1H

14. Other reserved parking (new clause)

 

Add different classes of vehicle that reserved parking may include, e.g. micro-mobility devices, buses, mobile traders, etc. (subclause 14.1).

 

Allow specific classes of vehicles such as cycles, electric scooters, other micro-mobility devices, electric vehicles, small passenger service vehicles, distribution goods vehicles, car share vehicles, mobile traders, etc. to park in other reserved parking areas (subclause 14.2).

 

Reason: To provide greater clarity on other parking areas that Council could reserve, and update with latest vehicle types.

Provides definitions of the different classes of vehicles that may be considered for reserved parking areas

 

Improves opportunities for parking for existing and emerging classes of vehicles

1I

18. Motorhomes, heavy good vehicles, immobilised vehicles and trailers

(new clause, building on subclause 13.3.3 of the current Bylaw)

 

Incorporate current subclause 13.3.3 (which specifies a 7-day parking limit unless the vehicle can be easily moved) into new clause 18. Motorhomes, heavy goods vehicles, immobilised vehicles and trailers, and change day limit to 5 days instead of 7.

 

Reason: To provide more clarity on how these vehicles are regulated, and to update the Bylaw to align with the 5-day requirement in the Land Transport (Road User) Rule 2004, section 6.19.

 

Provides more clarity on how these vehicles are regulated, and aligns with updated legislation

 

1J

Part 4: Vehicle and road use and traffic movement restrictions

24. Shared paths and cycle paths (new clause)

 

Insert new clause 24 on resolution and restrictions surrounding shared paths, cycle paths and cycle lanes, and add “shared path” as a new term.

 

Reason: To provide greater clarity about how these paths are provided for, and to reflect current terminology.

Provides more clarity for both road users and the Council, and aligns with current legislation

 

1K

25. Shared zones (new clause)

 

Insert new clause 25 on resolutions and restrictions surrounding shared zones, and add “shared zone” as a new term.

 

Reason: To provide greater clarity about how these paths are provided for, and to reflect current terminology.

Provides more clarity for both road users and the Council, and aligns with current legislation

 

1L

26. Engine braking (new clause)

 

Insert new clause specifying that Council may prohibit or restrict engine braking where the permanent speed limit does not exceed 70 kilometres per hour.

 

Reason: To ensure provisions are in place to address noise issues caused by engine braking.

Improves opportunities for engine braking to be restricted or prohibited in areas where noise issues are causing a significant disturbance

 

X May require additional engagement and education to ensure road users understand restrictions in place

1M

27. Unformed roads (new clause, but currently regulated under other Council Bylaws)

 

Add that Council may restrict motor vehicle use on unformed roads (which is currently restricted under the Council’s Restriction of Traffic Bylaw and Restriction of Traffic on part of Halfway Bush Road and Friends Hill Road).

 

Reason: To provide more guidance on use of unformed roads and consolidate guidance under one Council Bylaw.

Provides the logical setting for unformed legal roads to be regulated, given this Bylaw has as a purpose the control of vehicular or other traffic on any road.

 

Strengthens environmental and safety protections around unformed roads

 

Allows the Council to consider whether the two additional bylaws are necessary, and consider streamlining how unformed roads are regulated

 

2.  Updating clauses to be more specific, provide exemptions and to add a new defence

Status quo

Option

Pros (√) and cons (X)

2A

No updates made to add more specific detail to certain clauses, include exemptions or provide a new possible defence against a parking offence

X Does not provide additional clarity on how certain clauses apply

 

X Does not provide opportunities for a parking offence committed to avoid endangering others’ safety to be reconsidered

 

 

Proposed changes

Option

Pros (√) and cons (X)

2B

Part 3: Parking

8. Temporary discontinuance

(clause 13.6 of the current Bylaw)

 

Add types of situations where temporary discontinuance of a parking space may occur (subclause 8.3).

 

Reason: To give clear examples of how this clause applies to real-world situations.  

Provides more clarity on the scenarios in which parking spaces could be temporarily discontinued under this clause

 

2C

16. No parking on certain parts of the road

(clause 13.3 Stopping, standing and parking of the current Bylaw)

 

Add types of exemptions for no parking on certain parts of the road (subclause 16.4), e.g. if a vehicle has run out of motive power.

 

Reason: To provide greater clarity and guidance on exemptions to no parking restrictions.

 

Provides more guidance on scenarios where exemptions apply to no parking restrictions

 

2D

Part 5: Offences and penalties

30. Parking defences

(clause 13.22 of the current Bylaw)

 

Add to the list of parking defences “to avoid the death or injury of any person” (proposed subclause 30.1(c)).

 

Reason: To provide more provisions for reviewing a parking offence committed to avoid endangering others’ safety.

Improve opportunities for an offence committed to avoid endangering others’ safety to be reconsidered

 

3.  Minor changes to update terminology and improve clarity

Status quo

Option

Pros (√) and cons (X)

3A

No updates made to the Bylaw to update terminology or improve clarity.

X Does not reflect current technology, terminology or updates to legislation

 

 

Proposed changes

Option

Pros (√) and cons (X)

3B

Part 1: Preliminary provisions

4. Interpretation

(subclause 13.1.2 of the current Bylaw)

 

Add:

-      Act

-      Berm

-      Car share vehicle

-      Class of vehicle

-      Corridor access request

-      Disabled person

-      Electric scooter

-      Micromobility device

-      Motor home

-      Oversized vehicle

-      Parking

-      Parking space

-      Payment parking area

-      Permit

-      Prescribed fee

-      Reserved parking area

-      Resolution

-      Shared path

-      Shared zone

-      Taxi

-      Time restricted parking area

-      Traffic

-      Traffic management plan

-      Unformed road

-      Vehicle crossing

 

Amend:

-      Mobility parking area (replace “Operation mobility parking space”)

-      Parking machine (replacing “Pay and display parking meter”)

-      Zone parking (expand the definition in the current Bylaw)

 

Reason: To provide greater clarity and to update with current technology and terminology, with definitions aligned with the Land Transport Act 1998 and the Land Transport (Road User) Rule 2004.

 

Provides more clarity about how terms are defined, aligns with current legislation and reflects up-to-date technology and terminology

 

3C

15. Parking in restricted and line-marked parking spaces (clause 13.3 Stopping, standing and parking and clause 15. Parking in restricted and line-marked parking spaces, of the current Bylaw)

 

Add “or moped” to subclauses specific to motorcycle parking.

 

Reason: To include updated reference to mopeds as subject to the same parking criteria as motorcycles.

Reflects up-to-date technology and terminology

 

3D

27.2 Explanatory note (subclause 13.3.4 of the current Bylaw)

 

Move current subclause 13.3.4 into an “explanatory note” linked to proposed subclause 27.2 regarding regulation of machinery, equipment, materials, etc. in the road.

 

Reason: To remove unnecessary duplication with the Council Roading Bylaw, which regulates “things in the road.”

 

Removes duplication with what is enforced under the Roading Bylaw

 

3E

Throughout the Bylaw

 

Add “explanatory notes” to provide examples and use cases of certain clauses.

 

Add subclause 4.5: “Explanatory notes are not part of the Bylaw, and the Council may add, amend or delete explanatory notes at any time without amending the Bylaw.”

 

Reason: To add additional clarity for the reader on how parts of the Bylaw work in practice, and provide the ability for these to be updated as needed

Improves the readability of the Bylaw and gives the Council flexibility to add, amend or delete explanatory notes at any time without amending the Bylaw, which helps keep the Bylaw up to date

 

 

LOCAL GOVERNMENT ACT 2002 CONSULTATION PROCESS

The Council is making this Bylaw under the Land Transport Act 1998 (LTA). Section 22AD of the LTA sets out that bylaws made under the LTA must be consulted on as provided for in section 156 of the Local Government Act 2002 (LGA).  If a special consultative procedure is used, that provides for the statement of proposal to include a report on any relevant determinations made under section 155 of the LGA.  The Council made those determinations at the following meetings:

 

·    At their meeting of 30 October 2023, the Council determined that a bylaw is the most appropriate way to address issues relating to managing traffic and parking in Dunedin.

 

·    At their meeting of 25 March 2026, the Council determined that the proposed Traffic and Parking Bylaw 2026:

1.    is the most appropriate form of bylaw, and

2.    does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

The intent of the Bylaw is to support a transport network that is safe, efficient, and accessible for all users. The Bylaw may have implications for the right to freedom of movement in the New Zealand Bill of Rights Act 1990. However, limiting the movement of vehicles and restricting where they park (in some places and for specified reasons) is a proportionate response to support a safe transport network, and is considered a justified limitation for the prevention of harm.

RELATED DOCUMENTS

Proposed Traffic and Parking Bylaw 2026

Traffic and Parking Bylaw 2010

 

HAVE YOUR SAY

The Council wants to know what you think about the proposed changes to the Traffic and Parking Bylaw 2026, and the options we’ve set out above.

Please fill out the feedback form so we can take your views into account.

Where to from here?

·    The public submission period closes at 5pm, 27 May 2026.

·    Hearings will be held in mid to late June. During hearings, you can verbally present your position to the Councillors.

·    The Council considers submissions and decides on any changes to the Bylaw.

·    The Council adopts the reviewed Bylaw.

Traffic and Parking Bylaw 2026 submission form

Submissions are due by 5pm, 27 May 2026.

 

Late submissions may not be accepted.

The provision of your personal information is optional. However, should you provide this information please note your name and organisation may be included in papers for the public and media. Information you have provided will only be used for the purpose of the consultation on the review of the Traffic and Parking Bylaw. The Council will collect, use and store your information in accordance with the Privacy Policy which can be found on the Council website: www.dunedin.govt.nz/privacy-policy.

If you would like a copy of the personal information we hold about you, or to have the information corrected, please contact us at dcc@dcc.govt.nz or 03 477 4000.

 

Send to:     Traffic & Parking Bylaw Review

c/o Transport Regulation Team

Dunedin City Council

PO Box 5045

Dunedin 9054

 

Deliver to:  Traffic & Parking Bylaw Review

c/o Transport Regulation Team

Dunedin City Council Customer Services Centre

50 The Octagon Dunedin

 

Online:       www.dunedin.govt.nz/consultation

Email:                  transport.regulation@dcc.govt.nz  

 

First name:                                       Last name: _______                                 

Organisation (if applicable):                                                                             

Address:                                                                                                   

Postcode:                                        

Email address:                                 Phone number:                               

Would you like to speak to the Hearings Committee in person?

(If you do not tick a box, it is assumed that you do not wish to be heard.)

 

Yes                q      No

If you wish to speak, you will be contacted with a speaking time as soon as possible after the closure of the submission period. (Note: You may also be able to present your views by audio or audio-visual link.)

You may answer as many or as few questions as you wish.

 

1.   Overall, do you agree with the proposed Traffic and Parking Bylaw 2026?

 

Yes                q      No

 

Why or why not? (max 500 words)

                                                                                                                                    

q

 

 

 

 

 

 

 

 

2.  

General comments (If you have a comment about a specific clause in the Bylaw, tell us which clause, your recommended change, and why the change is important) (max 1000 words)

 

Please attach any supporting information you would like included with your submission.

Remember your submission needs to reach the Council by 5pm, 27 May 2026.

Thank you for your feedback.

 


Council

25 March 2026

 














Council

25 March 2026

 

 

Review of Alcohol (Control of Alcohol in Public Places) Bylaw

Department: Corporate and Regulatory and Civic

 

 

 

 

EXECUTIVE SUMMARY

2          1          This report seeks Council approval to commence the review of the Alcohol (Control of Alcohol in Public Places) Bylaw 2004 (the Bylaw). It recommends that the Council determines a bylaw is the most appropriate way to address some alcohol related issues in Dunedin. The Bylaw prohibits people from bringing alcohol into, possessing alcohol in, or consuming alcohol in a specified place within Dunedin’s central city area (with some exemptions). The Bylaw also provides the Council with the power to specify additional periods and public places, for example temporary restrictions in relation to a planned public event. The Bylaw is enforced by the Police.

3          The Bylaw was last reviewed in 2016 and is now due for review. See Attachment A for the Bylaw.

RECOMMENDATIONS

That the Council:

a)         Approves commencement of the Alcohol (Control of Alcohol in Public Places) Bylaw 2004 review

b)        Determines that a bylaw is the most appropriate way to address some alcohol related issues in Dunedin.

BACKGROUND

Local Government Act 2002

4          The Local Government Act (the Act) provides the power for councils to make bylaws for specific alcohol control purposes (section 147). A bylaw may prohibit people from bringing alcohol into, possessing alcohol in, or consuming alcohol in a specified place for a specified period. A bylaw may also prohibit or control the presence or consumption of alcohol in vehicles in public places.

5          Exemptions to any prohibition are set out in the Act and include, for example, transporting unopened alcohol through a prohibited area from a licensed premises, and delivering unopened alcohol to a licensed premises.

6          The Act also provides the power to make bylaws for the following general purposes (section 145):

·        protecting the public from nuisance

·        protecting, promoting and maintaining public health and safety, and

·        minimising the potential for offensive behaviour in public places.

7          Before continuing an alcohol control bylaw, the relevant council must be satisfied that:

·        a bylaw is the most appropriate way to address the perceived problem

·        there is evidence that the area to which the bylaw applies has experienced a high level of crime and disorder that can be shown to have been caused or made worse by alcohol consumption in the area, and

·        a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made

·        the bylaw is appropriate and proportionate in the light of that likely crime or disorder

·        the bylaw can be justified as a reasonable limitation on people’s rights and freedoms.

8          The Act requires bylaws to be reviewed within five years of being made, and thereafter within ten years of the previous review.

Dunedin’s Bylaw

9          Dunedin’s Bylaw was made in 2004 after the Act took effect in 2002 providing for councils to make such bylaws, and following a request from the Police. At that time the Bylaw prohibited people from bringing alcohol into, possessing alcohol in, or consuming alcohol in an area of the central city at any time, along with exemptions as set out in the Act. The Bylaw also allowed the Council to make temporary restrictions such as for planned events.

10        In 2008, the community was consulted on a proposal to extend the restriction area into North Dunedin permanently. The extension was not adopted at that time because there were other initiatives, such as campus patrols, being undertaken to address the alcohol matters in the area. The bylaw was still found to be appropriate for the control of alcohol related issues in the central city.

11        In 2016, the Bylaw was reviewed in response to a request from the Police. At that time, it was amended to include the main carparks and streets immediately adjacent to the controlled area. The Police provided evidence of reported incidents in these areas.

DISCUSSION

Bylaw is still appropriate

12        Although the Bylaw alcohol restrictions are not the only answer to address alcohol related harm issues in the city, they do provide the Police with an early intervention tool to help minimise alcohol related harm in a particular area and at a time when there is increased risk to people.

Review

13        The review will consider all clauses of the Bylaw, looking specifically at the current restricted area, and working closely with the Police, Ministry of Health and licensing inspectors.

14        It will consider evidence of crime and disorder in the current restricted area as well as other areas as relevant, and as required by the Act. 

Local Alcohol Policy

15        While the scope for the Bylaw is quite specific and provided for by the Act, Dunedin also has a Local Alcohol Policy (LAP). The LAP has a different scope provided for by the Sale and Supply of Alcohol Act 2012 and applies only to licensing matters. The Dunedin’s LAP is also currently under review.

Other councils

16        Most other larger New Zealand cities have alcohol control bylaws that prohibit the possession or consumption of alcohol in specified public places during certain times to reduce alcohol related harm.

Community engagement

17        Early engagement is planned to inform any proposals for change. Any proposals will then be formally consulted on with interested and affected parties, using the special consultative procedure as required by the Act.

18        We will engage with our mana whenua partners as well as key stakeholders such as the Police, Ministry of Health, Health NZ | Te Whatu Ora, the public, tertiary organisations and licensed premises.

OPTIONS

19        As this review is required by legislation, there are no options.

NEXT STEPS

20        Next steps are to review the Bylaw and report back to the Council with any proposed changes in a draft statement of proposal along with any amendments in a draft Bylaw. The Council will then be asked to approve these documents for consultation using the special consultative procedure, as required by the Act. Here is an indicative timeframe for the review:

What

Indicative timeframe

Council report to commence the review

March 2026

Early engagement to identify issues/options

April-May 2026

Draft revised bylaw and statement of proposal on any proposed changes to Council for approval

August 2026

Consultation on any proposed changes

September 2026

Hearings

October 2026

Council adopts revised bylaw

November 2026

Signatories

Author:

Anne Gray - Policy Analyst

Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor

Tanya Morrison - Team Leader Environmental Health and Alcohol Licensing

Authoriser:

Bonnie Wright - Manager Compliance Solutions

Paul Henderson - General Manager Corporate and Regulatory Services

Attachments

 

Title

Page

a

Alcohol (Control of Alcohol in Public Places) Bylaw 2004

189

 

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social and economic well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

This review contributes to the safe and healthy people priority of the Social Wellbeing Strategy, and the compelling destination theme of the Economic Development Strategy.

Māori Impact Statement

No specific impacts for mana whenua have been identified. However, in recognition of the Autūroa and Autakata pou in Te Taki Haruru, our mana whenua partners will be advised of the review and given the opportunity to provide feedback. Furthermore, this Bylaw is in line with the cultural key direction of Autikaka in Te Taki Haruru.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial considerations. The review will be carried out within existing budgets.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

The NZ Police have been advised of the review and asked to provide information that is required by the Act for this review. The Act requires use of the special consultative procedure and there will be thorough engagement with interested and affected parties during the review. Stakeholders include the Police, Ministry of Health, Health NZ | Te Whatu Ora, tertiary organisations, retailers, licensed, and the public. A draft revised bylaw will be reviewed by external legal counsel.

Engagement - internal

There has been internal engagement with In-House Legal Counsel, Mana Ruruku, Governance and Council Communications and Marketing.

Risks: Legal / Health and Safety etc.

There are no identified risks. A draft revised bylaw will be reviewed by external legal counsel.

Conflict of Interest

There are no identified conflicts of interest.

Community Boards

There are no specific implications for Community Boards.

 

 


Council

25 March 2026

 






Council

25 March 2026

 

 

Supporting documents to the Annual Plan 2026/27 Consultation Document

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks approval of the remaining supporting document to the Annual Plan 2026/27 consultation document, to support upcoming community engagement.

2          Other supporting documents have already been considered and adopted by the Council at its meeting on 4-5 March 2026.

RECOMMENDATIONS

That the Council:

a)         Adopts the 2026/27 rating method funding impact statement at Attachment A, for the purposes of developing the Annual Plan 2026/27 and consulting with the community.

BACKGROUND

3          Under sections 82A and 95A of the Local Government Act 2002 (LGA), where the Council consults on an Annual Plan, it must prepare and adopt a consultation document:

a)         to identify and explain any significant or material differences from the corresponding year of the long term plan; and

b)        to support informed discussions with the community on any impacts on costs and funding.

4          Information that supports the content of the consultation document must be publicly available. Some of the content is legislatively required under the LGA.

5          The Council has already adopted and approved most of the supporting documentation at the Council meeting on 4-5 March 2026, including draft financial statements.

6          The Council is legislatively required under the LGA to adopt the supporting documents before adopting the consultation document.

DISCUSSION

7          Council considered draft 2026/27 budgets and rating method, including a proposal to change rating differentials, at its meeting on 4-5 March 2026. 

8          A draft 2026/27 rating method funding impact statement is at Attachment A. This was prepared following the 4-5 March 2026 Council meeting to reflect the decisions made.

9          The 2026/27 rating method funding impact statement makes up part of the supporting information to the Annual Plan 2026/27 consultation document, and so is presented for adoption by the Council.

OPTIONS

10        There are no options.

NEXT STEPS

11        All of the supporting documents will be made available on the Council’s website and at the DCC’s Civic Centre, libraries and service centres. The consultation period commences from 30 March to 29 April 2026.

Signatories

Author:

Janet Fraser - Corporate Planner

Authoriser:

Carolyn Allan - Chief Financial Officer

Attachments

 

Title

Page

a

2026/27 Rating Method Funding Impact Statement

198

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.  It promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Future Development Strategy

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The consultation document and supporting documentation contain content that contributes to the objectives and priorities across all areas of the strategic framework.

Māori Impact Statement

The adoption of Te Taki Haruru, the DCC’s Māori Strategic Framework signals Council’s commitment to mana whenua and to its obligations under the Treaty of Waitangi. Mana whenua and mātāwaka will be involved in engagement with the Annual Plan 2026/27 consultation process.

Sustainability

The proposed changes in the draft Annual Plan 2026/27 will not have a material impact on the achievement of emissions reduction targets.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report requests approval of the supporting documents to the Annual Plan 2026/27 consultation document.

Financial considerations

Financial impacts are set out in the Annual Plan 2026/27 consultation document and its supporting documents.

Significance

Approval of the consultation document and supporting documents is considered to be of low significance in terms of the Council’s Significance and Engagement Policy.  The consultation document and supporting documents are provided to undertake community engagement on the Annual Plan 2026/27.

Engagement – external

There will be external engagement from 30 March to 29 April 2026 on the content of the Annual Plan consultation document and its supporting documents, which is a key tool of the external engagement programme.

Engagement - internal

Councillors and staff have been involved in the development of the Annual Plan 2026/27.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards will have an opportunity to participate during the consultation and submission phases of the process.

 

 


Council

25 March 2026

 




























 


Council

25 March 2026

 

Resolution to Exclude the Public

 

 

That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:

 

General subject of the matter to be considered

 

Reasons for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

 

Reason for Confidentiality

C1  Confirmation of  the Confidential Minutes of Ordinary Council meeting - 24 February 2026 - Public Excluded

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

.

 

C2  Confidential Council Action List Update

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C3  Confidential Council Forward Work Programme

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

S7(2)(d)

The withholding of the information is necessary to avoid prejudice to measures protecting the health and safety of members of the public.

 

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C4  Investment Framework

s48(1)(d)

Check to make report confidential.

s48(1)(d)

The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

Commercial sensitivity.

C5  DCHL Update

s48(1)(d)

Check to make report confidential.

s48(1)(d)

The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

Commercial sensitivity.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.