Bylaw Process Complete

The Council adopted the Public Places Bylaw at its meeting on 28 November 2024. The Bylaw will come into effect on 1 February 2025.

This is a new Bylaw, which replaces the previous Trading in Public Places Bylaw. This bylaw aims to streamline processes, protect public health & safety, prevent nuisances, and regulate trading to ensure an orderly, enjoyable environment for all.

What will the Bylaw mean for me?

The complete Bylaw is available on this page and the Council website. There will also be reference hard copies in all Tasman District Council Libraries and Service Centres shortly. These points summarise the provisions of the Bylaw:

  • Trading in Parks and Reserves is generally prohibited, with written exemptions possible to enable special events;
  • Mobile Trading is a permitted activity, provided certain requirements are met. There is no longer a need for a licence or permit;
  • Commercial Services occupying public space on a permanent or semi-permanent basis are required to enter a formal agreement with the Council, with appropriate charges for use of the land;
  • Street Fundraising is a permitted activity, provided certain requirements are met. Prior written permission from Council is no longer required;
  • Busking is a permitted activity, provided certain requirements are met. A busking permit is no longer required;
  • Businesses may only have one sandwich board per business, located immediately outside the business. The sandwich board must be placed on the roadside edge of the footpath, ensuring a minimum of 1.8 metres of clear footpath width;
  • Maximum dimensions for sandwich boards are 600mm wide and deep, 900mm high. Larger signs or flags on public land are not permitted.
  • Businesses that occupy public space for outdoor dining must obtain a licence to occupy the space from Council;
  • Council may offer a 20% discount on the licence to occupy if the business chooses to maintain the space as smoke and vape free;
  • Outdoor furniture must not create a hazard for pedestrians and, in general, must allow a 1.8 metre wide clear pathway for foot traffic;

Your feedback made a difference

Thank you to everyone who participated in the review process. Here are some examples of how your feedback helped to shape the final Bylaw:

  • A clause in the Mobile Trading section was removed after submitter feedback that the powers given to staff were too broad;
  • A clause in the Street Fundraising section was removed after submitter feedback as the issue is adequately covered by the Privacy Act;
  • The requirement for clear unobstructed footpath in both the Sandwich Board and Outdoor Dining sections was reduced from 2 metres to 1.8 metres. This is to align with what was adopted by Nelson City Council and recommendations from both Blind Low Vision NZ and the NZTA RTS 14 Guidelines for facilities for blind and vision impaired pedestrians;
  • Provisions for exemptions under certain circumstances were added to the Outdoor Dining and Sandwich Board Sections.