Amenities bylaw put to the people

People would be banned from sleeping on streets in central Nelson, Tahunanui and Stoke under a new bylaw partly designed to get Lewis Stanton out of the city.

The Nelson City Council has released its new City Amenity Bylaw for public feedback.

It would ban sleeping in the CBD, restrict what can be placed on the footpath, ban people from obstructing the signage in shop windows and allow for the installation of under-veranda lighting for security.

The bylaw also requires organisers of events and protests to apply for permits – an aspect that has drawn criticism from some residents for a perceived limiting to freedom of speech.

Gaire Thompson, the owner of the Farmers building where Stanton had set up camp, said he welcomed the bylaw but it was ‘‘appalling’’ it had taken so long.

‘‘Nobody would act unless there was a bylaw – quite incredible.’’

‘‘People can have their protests and it might last a day or a week, long enough to get the issue a bit of publicity and attention, but they can’t expect somebody to be there day after day, year after year.’’

Nelson Mayor Rachel Reese acknowledged that the issue of Lewis Stanton had helped identify the changes required.

However, she emphasised with the city getting busier with more events and improvements to Church St on the horizon, there was a need to create a high standard for Nelson.

‘‘It’s thinking about the future and realising what might have worked as the power of suggestion and social norms that might have existed in previous years, that communities are challenging that a lot more now – not just here in Nelson,’’ she said.

Reese said while the council supported the right to protest and freedom of expression, there was a ‘‘reasonable test around others’ rights as well and expectations of what goes on in cities.’’

‘‘If someone was going to run a protest march at the same time as the Santa Parade, we’re probably going to go ‘‘would you like to find another day?.’’

There was no test around the content of protests, she said.

The proposed bylaw applies to the city centres defined as inner city, city fringe and suburban commercial zones in Nelson’s CBD, Tahunanui and Stoke.

The council’s strategy and environment manager Claire Barton said getting in line with the rest of the country was the main driver in drafting the legislation.

‘‘It was a bigger gap that we’ve identified as a council – we know there are issues with Mr Stanton – but there is a bigger issue here that we’ve recognised other councils are doing it and that we don’t,’’ she said.

The management of events was largely based around a Wellington City Council model, which took between two and 10 days to administer permit applications but would not involve a fee, Barton said.

Obstruction of pedestrians, offensive behaviour and excessive noise would contravene the terms of a permit, while there is no right to occupy a public place overnight.

Councils in New Plymouth, Gisborne, Whangarei, and Kapiti had similar policies for city events.

Barton said the process had undergone a thorough legal review.

The statement of proposal for the proposed bylaw can be viewed at the council offices and on their website. Written submissions may be made from Thursday until May 29. Hearings have been scheduled for June 21, before heading back to council.

The issue of freedom camping would be an agenda item at the next council meet on May 4.