2011__03__19_april_-_supp_-_sig_event_bylaw

							TO:                          COUNCIL

FROM:                        THE DIRECTOR          OF   FINANCE AND          CORPORATE
                             SERVICES

MEETING DATE:                TUESDAY 19 APRIL 2011



                     SUPPLEMENTARY REPORT

                            SIGNIFICANT EVENTS BYLAW

Report Prepared by:          Melissa Short - Corporate Planner


SUMMARY

During the Rugby World Cup Tournament the Council is responsible for reasonable
assistance with the prevention of ambush marketing and the provision of a "Clean" 500m
precinct. The Council is to use its own bylaws and district plan rules to enforce the "Clean"
area. At present Council does not have sufficient tools at its disposal for the effective
enforcement of the "Clean" area. A Significant Events Bylaw could address the problems
and provide a mechanism for future enforcement of "Clean" areas when other significant
events are hosted in the Invercargill City District.


RECOMMENDATIONS

Council proposes that a Significant Events Bylaw is the most appropriate way of
addressing issues associated with Street Trading, Distribution of free products or
advertising material. Advertising - exception for business as usual advertising,
Trading/Retailing from private property - exception for business as usual activity;
within the Invercargill district during the hosting of Significant Events.

And

A Draft Significant Events Bylaw be presented to Council for consideration in May
2011.
IMPLICATIONS

         Has this been provided for in the Long Term Plan/Annual Plan?
         No
         Is a budget amendment required?
         No
         Is this matter significant in terms of Council's Policy on Significance?
         No
         Implications in terms of other Council Strategic Documents or Council Policy?
         A new Bylaw will be created.
         Have the views of affected or interested persons been obtained and is any further
         public consultation required?
         The Special Consultative Procedure outlined in the Local Government Act 2002
         must be undertaken prior to the adoption of the bylaw.


FINANCIAL IMPLICATIONS

No financial implications result from this report.


SIGNIFICANT EVENTS BYLAW

During the Rugby World Cup Tournament the Council has obligations under the Host Region
Agreement (HRA) signed between the Council and RNZ2011. One of the obligations is for
reasonable assistance with the prevention of ambush marketing and to provide a "Clean"
500m precinct surrounding the match venue. The Council is to use its own bylaws and
district plan rules to enforce the "Clean" area. At present Council does not have sufficient
tools at its disposal for the effective enforcement of the "Clean" area.

What is the Perceived Problem to be Addressed?

The Council needs to be able to regulate certain activities to ensure that its obligations under
the HRA between RNZ2011 and the Council are met. Clause 17 of the HRA relates to Event
Protection Activities and reads as follows:

17.1 Event Protection Activities: The Local Authority acknowledges that RNZ2011 and/or
RWCL will be conducting activities targeted at:

(a)   Preventing the unauthorised sale of Tournament match tickets;
(b)   preventing individuals or organisations from using any Tournament match, venue or
      event (including a Live Site) as an opportunity to promote any cause, product,
      business, or service, or claiming or implying an associations with the Tournament,
      without RWCL authorisation; and
(c)   Enforcing the Major Events Management Act 2007 as it relates to the Tournament.

      ("Event Protection Activities")
17.2 Local Authority to assist: The Local Authority will provide reasonable assistance with
the implementation of the Event Protection Activities, including as set out in the Specification.

The Council is responsible for reasonable assistance with the prevention of ambush
marketing and the provision of a "Clean" 500m precinct. Within the 500m precinct certain
activities are not permitted. These activities are:

> Street trading (including merchandise, food or beverage).
> Distribution of free products or advertising material.
> Advertising - exception for business as usual advertising.
> Trading/Retailing from private property - exception for business as usual activity.
>
The Council is to use its own bylaws and district plan rules to enforce the "Clean" area.

On 12 and 13 April the Director of Environmental and Planning Services and I attended a
Rugby World Cup Rights Protection Workshop. Planning staff from Local Authorities who
are hosting World Cup matches attended the workshop to address how to minimise ambush
marketing in the 500m precinct surrounding match venues. At the workshop it became clear
that the Invercargill City Council did not have appropriate measures in place to enable it to
assist with the implementation of Event Protection Activities or to provide the "Clean" area.
Many of the other Local Authorities in attendance had bylaws in place that could be enforced
to address event protection issues.

Is a Bylaw the Most Appropriate Method of Addressing the Perceived Problem?

Bylaws have been a traditional method of addressing issues associated with trading in public
places and protecting the public from nuisance. An alternative would be to use the Resource
Management Act 1991 to address public trading and nuisance issues. It would, however, be
difficult to view these issues as "significant" under the Act. There are also rights of appeal on
enforcement matters which could result in a minor nuisance matter requiring considerable
resources to resolve in front of the Environment Court.

In order to meet the intention of the "Clean" area, the Council needs to have an enforcement
procedure that can quickly be utilised. The Resource Management Act 1991 and the District
Plan rules made under it take time to enforce and are, therefore, not the most effective or
efficient method of implementing the "Clean" area.

A bylaw can be enforced in a timely fashion and could be imposed for limited time periods
surrounding events that the Council considers to be significant. This would enable Council to
utilise the same bylaw when other events that involve rights protection agreements are
staged in Invercargill.

What are the Implications Under the New Zealand Bill of Rights Act 1990?

Council needs to be satisfied that the proposed bylaw will not be inconsistent with this Act,
that is, it imposes reasonable limits that can be reasonably justified in a free and democratic
society. Case law suggests that permanent prohibition of certain activities that the
community may wish to undertake may impose unreasonable limits. This could apply to
things such as the distribution of free products or advertising material. Being able to regulate
allows Council to make rules which have the intention of preventing or reducing the
distribution of free products or advertising material in certain areas for a prescribed period of
time to enable the Council to meet its obligations under the HRA and to further advance the
economic, social and cultural well being of the Community.
                                                                                                \T
Provided that Council determines that a bylaw is the most appropriate method of addressing
the perceived problem, a Draft Significant Events Bylaw will be presented for consideration
on 31 May 2011. The draft bylaw will then be subject to the Special Consultative Procedure
as outlined in the Local Government Act 2002.


CONCLUSION

A Significant Events Bylaw will enable Council to address the issues raised by the hosting of
matches during the Rugby World Cup Tournament and will provide a tool to enable
enforcement of ambush marketing prevention measures should further significant events
choose Invercargill City District a host region.




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