13 NOVEMBER

NEW ZEALAND GAZETTE

4317

"Temporary local banner" means a banner relating to a specific event in the area where the banner complies with the Third Schedule to this bylaw and extends across a State highway carriageway.

"Traffic sign" means those signs detailed in the Fourth Schedule of the Traffic Regulations 1976.

"Transit" means the Transit New Zealand Authority established under section 4 of the Transit New Zealand Act 1989.

"Vehicle" has the same meaning as in section 2 of the Land Transport Act 1988.

3. Motorways

No person may construct, maintain or display or cause to be constructed, maintained or displayed on or over any part of a motorway any sign.

4. Need for consent

(1) No person may construct, maintain or display or cause to be constructed, maintained or displayed on or over any part of a State highway any sign unless the Regional Manager, Transit, for the relevant area consents, in writing, to the construction, maintenance or display of such sign.

(2) The restriction in subclause (1) does not apply to any sign constructed, maintained or displayed behind the kerbline of any State highway in any area where a 50km/h or lesser speed limit applies.

5. When consent may be given

(1) The Regional Manager, Transit, for the relevant area may consent to the construction, maintenance or display of any sign to which clause 4 (1) applies if:

(a) he or she is satisfied that the sign meets the relevant requirements specified in either the First or Second Schedule to this Bylaw; and

(b) he or she is satisfied that the sign meets the requirements of the relevant territorial authority; and

(c) he or she considers that the colours, wording, legend or siting of the sign will not:

(i) obscure or cause confusion with any official road sign or any traffic sign;

(ii) cause alarm or unduly attract the attention of people operating vehicles on the State highway;

(iii) create or contribute to a traffic hazard; or

(iv) in any other way compromise the safe and efficient operation of the State highway.

(2) The Regional Manager, Transit, for the relevant area may, subject to such conditions as he or she thinks appropriate, authorise a temporary local banner that does not comply with all or any of clauses 2, 4, 5, 6, or 7 of the Third Schedule.

6. Transit may impose conditions on consent

(1) Any consent given under this bylaw may be made subject to:

(a) time limits;

(b) conditions as to maintenance and maintenance activity; or

(c) conditions as to size, colour, wording, legend or siting of any sign including, in the case of signs that are not temporary local banners, conditions that are in addition to but not in conflict with the conditions imposed under the First Schedule, or Second Schedule, as appropriate

which the regional manager thinks appropriate.

(2) When considering the imposition of a condition, the regional manager must have regard to:

(a) the proximity of any official road sign or traffic sign;

(b) the proximity of any other sign authorised by this bylaw; and

(c) the effects listed in clause 5 (1) (c).

7. Decisions

(1) In considering whether to grant consent under clause 5 (1) of this bylaw, the Regional Manager, Transit, for the relevant area may, at his or her discretion, consider and rely on any report from the Police, any relevant territorial authority, or any employee of Transit, whether or not prepared in respect of the particular application.

(2) Where the regional manager is considering refusing consent or imposing a condition on the consent, the regional manager must give the applicant an opportunity to provide information relevant to the matters listed in clause 5 (1) for consideration, and comment on any report under subclause (1) in respect of the application.

(3) The regional manager must record his or her decisions in writing and where consent is refused, give reasons to the applicant.

8. Consent fee

(1) It is a condition of every consent given by/or under this bylaw to construct, maintain or display a sign in terms of this bylaw, that an annual licence fee is payable by the applicant.

(2) The annual licence fee payable is $300.00 for the initial year of any new consent granted under this bylaw and $100.00 for each subsequent year of the consent.

(3) No initial year fee is payable if a fee has been paid under the Signs on State Highways Bylaw 1987/3 in respect of the sign.

(4) All amounts specified in this clause include goods and services tax.

(5) The condition referred to in subclause (1) of this clause may be waived by the Regional Manager, Transit, for the relevant area where the sign is for non-profit or charitable purposes.

9. Revocation of consent

(1) Any consent given under this bylaw may be revoked by the Regional Manager, Transit, for the relevant area if:

(a) any condition of the consent is not adhered to;

(b) the person granted consent to construct, maintain or display a sign has committed any breach of this bylaw, or has allowed a breach to occur;

(c) Transit is of the opinion that forthcoming changes to the State highway or official road sign scheme on that portion of the State highway makes the continuance of the consent contrary to the criteria specified in clause 5 (1) and the First or Second Schedules, or is otherwise undesirable; or

(d) the person granted consent to construct, maintain or display a sign has failed to pay the annual licence fee (if any).

(2) The person who holds the consent for the sign must dismantle and remove that sign from the State highway within five working days of receiving written notice of the revocation of that consent or immediately if the Regional Manager, Transit, states that there is a safety issue.

10. Signs may be removed

(1) The Regional Manager, Transit, for the relevant area may at any time, through any authorised agent or representative, dismantle or remove any sign from the State highway if:

(a) the regional manager considers the colours, wording, legend or siting of the sign will cause one of the prohibited effects listed in clause 5 (1) (c);

(b) the regional manager has not given consent under clause 5 (1) to the construction, maintenance or display of the sign;

(c) the regional manager’s consent for the construction, maintenance or display of the sign has been revoked under clause 9 (1) and the sign has not been removed.