15 JULY 2010 NEW ZEALAND GAZETTE, No. 83

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

(2) The Agency may, subject to such conditions as it thinks appropriate, authorise a sign which does not comply with any or all of the requirements in the relevant Schedule if the purpose of the sign is to provide advice or information to the public in relation to health or safety issues or risks.

6. The Agency 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 (subject to clause 5(2) conditions that are in addition to, but not in conflict with) the requirements in the relevant Schedule, which the Agency thinks appropriate.

(2) When considering the imposition of a condition, the Agency 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 or any predecessor to 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 Agency may, at its discretion, consider and rely on any report from the Police, any relevant territorial authority, or any employee of, or consultant commissioned by, the Agency, whether or not prepared in respect of the particular application.

(2) Where the Agency is considering refusing consent or imposing a condition on the consent, the Agency 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 Agency must record its 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:

(a) Signs on State Highways Bylaw 1987/3; or

(b) Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways,

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 Agency where the sign is for non-profit or charitable purposes.

9. Revocation of consent—

(1) Any consent given under this bylaw or the Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways may be revoked by the Agency 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) the Agency 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) or contrary to the requirements specified in the relevant Schedule, 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 Agency states that there is a safety issue.

10. Signs may be removed—

(1) The Agency may at any time, through any authorised agent or representative, dismantle or remove any sign from the State highway if:

(a) the Agency 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 Agency has not given consent under clause 5 to the construction, maintenance or display of the sign and no consent for the construction, maintenance or display of the sign was given under the Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways;

(c) a consent for the construction, maintenance or display of the sign has been revoked under clause 9(1), or under the Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways, and the sign has not been removed by the consent holder;

(d) any condition imposed under this bylaw, or any condition imposed under the Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways, has not been complied with;

(e) subject to clauses 5(2) and 15, the sign does not meet any one or more of the requirements set out in the relevant Schedule to this bylaw; or

(f) the sign is in breach of any consent given under clause 5 or under the Transit New Zealand (Signs on State Highways) Bylaw 2003/13: Bylaw Regulating Signs on State Highways.

(2) Any sign removed from a State highway under subclause (1) must be held by the Agency and made available for collection by the owner for a period of one month from the date of its removal. After such time, the Agency may dispose of the sign in whatever way he or she considers appropriate.

(3) The Agency must use reasonable care in the dismantling, removal and storage of any sign removed under this clause.

(4) The Agency is not liable for any loss arising from the removal and/or disposal of any sign under subclause (2) of this clause, or any damage to the sign unless reasonable care was not used in its dismantling, removal or storage.

11. Owner of sign to be liable for damage caused to or by sign—The owner of a sign is responsible for the sign and liable for any damage caused to, or by, the sign while on or over the State highway and any damage to the sign caused during its proper dismantling, removal or storage under clause 10 of this bylaw.

12. Vehicles may be removed—The Agency may at any time, through any authorised agent or representative:

(a) require the owner of any stationary vehicle on a State highway to remove or cover any sign; or