Bylaws are rules made by the Council that affect and regulate certain activities in the community. They cover health, safety and a range of environmental issues.

Every few years the Council is required by the Local Government Act 2002 (‘LGA 2002’) to review its bylaws.

In 2017, Council undertook a review and proposed two amendments to the Traffic Bylaw 2015 as set out in the Statement of Proposal.

The two amendments relate to Shared Paths and Shared Zones.

Amendments

The Urban Cycleways Programme began in 2014 with the aim of making significant improvements to cycling infrastructure in New Zealand’s main urban areas. In Rotorua, a city-wide network of cycleways is being established which will connect suburbs and main arterial routes to the CBD, some major tourist attractions and to the Whakarewarewa Forest/Redwoods area. Many of the cycleways allow for shared use by cyclists and pedestrians.

To better regulate the cycleways for shared use by cyclists and pedestrians, officers proposed to establish a power similar to that adopted by other Councils to establish and regulate the use of shared paths under a bylaw.

Rather than amending the General Bylaw 2011 to include provisions concerning shared paths, officers recommended that the Rotorua District Traffic Bylaw 2015 be amended to include these provisions, as follows:

• Amend the definitions clause of the Rotorua District Council Traffic Bylaw 2015 by inserting the following definition of “shared path”:

Shared path means a cycle path, a cycle track, a footpath, or some other kind of path that may be used by some or all of the following persons at the same time – (a) cyclists; (b) pedestrians; (c) riders of mobility devices; and (d) riders of wheeled recreational devices.

• Amend the Rotorua District Council Traffic Bylaw 2015 by inserting the following provisions as new clause 30 and renumbering the remaining clauses of the bylaw:

30 Shared paths

30.1 Council may by resolution –

30.1.1 Determine the length, route and/or location of a shared path; and

30.1.2 Determine priority for users on a shared path.

30.2 No person may use a shared path in a manner that contravenes a restriction made by the Council under this clause.

Shared zones aim to remove the segregation of road users so that pedestrians also share the roadway and, as such, no formal footpaths are required. The concept relies on the removal of typical street elements including line-markings, signage and kerbs, with the addition of extra street furniture such as seats, cycle parking and landscaping. This results in an intentional level of ambiguity so that drivers proceed with caution and at slow speeds. People cycling and driving in shared zones are expected to travel in a way that is consistent with a walking pace and are legally required to give way to pedestrians.

Council considered establishing ‘shared zones’ in areas of the CBD.

To better provide for shared zones, officers proposed to establish a power similar to that adopted by other Councils to establish and regulate the use of shared zones under a bylaw.

Rather than amending the General Bylaw 2011 to include provisions concerning shared zones, officers recommended that the Rotorua District Council Traffic Bylaw 2015 be amended to include provisions concerning shared paths, as follows:

• Amend the definitions clause of Rotorua District Council Traffic Bylaw 2015 by inserting the following definition of “shared zone”:

Shared zone means a length of roadway intended to be used by pedestrians and vehicles (including cyclists).

• Amend the Rotorua District Council Traffic Bylaw 2015 by inserting the following provisions as new clause 31 and renumbering the remaining clauses of the bylaw:

31 Shared zones

31.1 Council may by resolution specify any road or part of a road to be a shared zone.

31.2 Any resolution made under this clause may specify:

31.2.1 Whether the shared zone may be used by specified classes of vehicles;

31.2.2 The days and hours of operation of the shared zone (if they differ from 24 hours per day, 7 days per week); and

31.2.3 Any other restrictions on how the shared zone is to be used by the public, including how traffic and pedestrians will interact.

31.3 Except where the Council has by resolution specified otherwise, no person may park or stand a vehicle in a road or part of a road specified as a shared zone.

31.4 No person may use a shared zone in a manner that contravenes a restriction made by the Council under this clause.