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This is the former Franklin District Council website, which has some of the information and services you need if you live or do business in the area. Go to the main Auckland Council website to access the complete range of council services.
 
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Plan, Policies & Bylaws

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Bylaws Print

There are a number of Bylaws that apply within the Franklin District including some adopted by Franklin District Council from the former Borough Councils of Pukekohe, Tuakau and Waiuku. View the Bylaws Index to find the Bylaw you're after.
 

These bylaws still apply to the entire Franklin region, whether you are in the Auckland, Waikato or Hauraki area.

To find out how existing bylaws will be managed from 1 November 2010, please visit the website for your new area.

Auckland Council website
Waikato District Council website
Hauraki District Council website
 

Making Bylaws

Council's general power to make bylaws springs from section 145 of the Local Government Act 2002, which states that bylaws may be made for 1 or more of the following purposes:

  • Protecting the public from nuisance
  • Protecting, promoting and maintaining public health and safety
  • Minimising the potential for offensive behaviour in public places.

Sections 146-148 of the LGA also list specific purposes for which councils may make bylaws, such as regulating trading in public places, protecting reserves from damage, or controlling the consumption of alcohol in council-controlled public places. Other legislation may empower councils to make bylaws for other specific purposes, such as the Dog Control Act 1996.

Before making any bylaw, councils must first determine whether a bylaw is the most appropriate way of addressing the perceived problem. Councils must also determine whether any proposed bylaw is the most appropriate form of bylaw (to address the problem) and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990.
 

Reviewing Bylaws

The Local Government Act 2002 requires Councils to review all bylaws (that existed on 1 July 2003) before 1 July 2008. Any new bylaws must be reviewed within 5 years of being made. Any bylaws already reviewed must be reviewed again no later than 10 years after the last review.

Section 86 of the Local Government Act 2002 requires that in making, amending (reviewing) or revoking any bylaw, councils must use the special consultative procedure (which is set out in section 83 of the Act).