2406

NEW ZEALAND GAZETTE

No. 122

(2) If any person breaches clause 4 of this bylaw, or if any licenced roadside vendor breaches any condition under a licence issued under this bylaw—

(a) The person shall immediately cease operations and move his or her operation from the State highway:

(b) Transit or its authorised agent or representative, or, in the event of an emergency or where the mobile shop or other operation is detrimentally affecting road safety in a material way, a police officer, may take all necessary steps to remove the mobile stop or other operation from the State highway:

(c) In the case of a continuing breach, Transit may seek an injunction under section 109 of the Transit New Zealand Act 1989 restraining the further continuance of the breach.

(3) The licence of the person committing any breach of this bylaw or any condition under a licence issued under this bylaw is automatically revoked.

(4) Nothing in this bylaw prevents Transit or a police officer giving a person who breaches this bylaw or any condition under a licence issued under this bylaw a warning under the Trespass Act 1980 to leave or to stay off that part of the State highway on which the mobile shop or other operation is located.

10. Adoption of bylaw—This bylaw was made by resolution passed at a meeting of Transit held in Wellington on the 30th day of June 1993.

First Schedule

Licence to Operate a Mobile Shop on a State Highway

DATED this day of 19
BETWEEN Transit New Zealand (“Transit”) and The Licensee

In this licence, references to any term shall include a reference to the information inserted next to that term in Schedule A to this licence.

1. By this licence, pursuant to its power under sections 61 (3) and 68 (2) of the Transit New Zealand Act 1989, and pursuant to the Transit New Zealand (Roadside Vendors) Bylaw 1993/2, Transit permits the Licensee to operate the Licensee’s Mobile Shop at the Site on the State highway specified in Schedule A.

Conditions of Licence

2. Transit permits the Licensee to operate the Mobile Shop so long as the following conditions are satisfied:

2.1 The Licensee shall ensure that any requirements as to the size, shape and placement of the Mobile Shop and the size and shape of signs attached to the Mobile Shop which are set out in Schedule A to this licence are met or complied with:

2.2 The Licensee shall ensure that all signs associated with the Mobile Shop are attached to the Mobile Shop and comply with the Signs on State Highways Bylaw 1987/3 and any other bylaw or local authority requirements relating to road signs:

2.3 The Mobile Shop shall not be operated during the hours of darkness:

2.4 The Licensee shall comply with all Additional Conditions set out in Schedule A:

2.5 All refuse and litter from and associated with the operations of the Licensee shall be removed from the area of operation at appropriate intervals and disposed of in an appropriate manner by the Licensee:

2.6 The Mobile Shop shall be of a size and shape, and shall be so parked and operated as to ensure that it does not cause, or is likely to cause, an obstruction or a danger to traffic, pedestrians or any other road users:

2.7 The Licensee shall comply with all Acts, regulations, or bylaws relating to the Licensee’s operations:

2.8 This licence is not transferable in respect of the Licensee or the Mobile Shop:

2.9 The named Licensee shall be liable for all actions of its agents or representatives acting within their actual or apparent authority:

2.10 The Licensee shall make good any damage caused by that Licensee’s operation and shall restore any part of the State highway used in that Licensee’s operation to the satisfaction of Transit:

2.11 No Licensee shall have any claim whatsoever against Transit, its agents, representatives, or contractors in respect of any operations or work done on any State highway which may directly or indirectly result from that Licensee’s operation:

2.12 The Licensee shall indemnify Transit from and against all costs, actions, suits, damages and proceedings of any kind for or in connection with any loss or damage that may directly or indirectly result from that Licensee’s operation:

2.13 The Licensee shall not acquire any rights to the State highway which is the subject of this licence, other than those specifically granted under this licence. The Licensee’s rights shall be defined solely by reference to the terms of this licence:

2.14 A copy of Schedule A of this licence shall be displayed at the Mobile Shop during all operating hours:

2.15 Transit may terminate this licence, or amend, add to, or delete conditions (including the Additional Conditions) under this licence, for reasons consistent with the matters listed in clause 5 (2) of the Transit New Zealand (Roadside Vendors) Bylaw 1993/2, by notice in writing to the Licensee at the Licensee’s Address. The Licensee shall not be entitled to any compensation should Transit exercise its powers under this subclause:

2.16 Upon receiving notice from Transit under subclause 2.15 of this licence, the Licensee shall do all things necessary to comply with any added or amended condition:

2.17 Unless otherwise specified in the Additional Conditions, this licence shall remain valid until—

(a) The Licensee has committed a breach of the Transit New Zealand (Roadside Vendors) Bylaw 1993 No. 2 or any conditions set out in this clause; or

(b) The licence is terminated under subclause 2.15 of this Licence,—

and in each case, Transit has notified the licensee that the licence is therefore no longer valid or—

(c) The expiry of the Term of this licence:

2.18 For this licence to be valid all conditions and requirements must be fully complied with. Any breach of a condition contained in this licence shall, if breached without the consent of Transit, invalidate the licence from the date of such breach:

2.19 If any question arises as to whether the size, shape, placement, or operation of a Mobile Shop, or sign associated with a Mobile Shop causes, or is likely to cause, an obstruction or danger to traffic, pedestrians or any other authorised road users, the question shall be decided by Transit or its authorised agent or representative, or, in the event of an emergency, a police officer.