NCC to pursue Stanton bylaw
After a six-year battle which has cost almost $100,000 in legal fees, the Nelson City Council has decided a new bylaw is the best way to deal the ongoing problem of Lewis Stanton’s street protest and the issues surrounding it.
The proposed City Amenity Bylaw was tabled at a full council meeting but the specifics of exactly what it will entail won’t be debated until Tuesday.
A report to council stated there is a gap in the council’s ability to deal with issues of ambience in the city, materials left on footpaths, anti-social behaviour, and safety concerns around protests.
The report states ‘‘the circumstances giving rise to this assessment arise, originally, from problems in dealing with the activities of Mr Lewis Stanton and also from the subsequent behaviour of members of the public as well as the impact on amenity values’’.
It also notes the issues have reached a point where Mr Stanton continually protests outside the Trafalgar St entrance to Farmers, stating ‘‘Mr Stanton lives and sleeps on the site, including cooking and hanging out his washing’’.
The council has voted that a bylaw is the appropriate way to deal with these issues, and will provide a necessary regulatory framework to manage similar circumstances that arise.
Councillor Luke Acland asked officers to confirm what was at the core of the proposed bylaw, clarifying it was not about a specific scenario.
‘‘There’s an absence of regulation to control amenity values in our region, and that’s what it’s trying to address?’’ Acland asked officers.
Council officers confirmed that was the mandate of the bylaw and it had been modelled on similar regulations imposed by other councils, often classed as ‘‘pub- lic places bylaws’’.
Much of the council debate centred on how a potential bylaw would impact on the New Zealand Bill of Rights Act.
Council officers referred to Auckland Council’s court battle over the Occupy Movement, which saw protesters camp out in Aotea Square without a permit.
The High Court ruled that Auckland Council’s existing bylaw ‘‘did interfere with rights conferred under [the Bill of Rights Act] but that the bylaw provisions constituted a justified limit on those rights’’ and therefore upheld the bylaw.
Councillors will return to debate what is included in the bylaw before it goes out for public consultation.
Mayor Rachel Reese said she thought it best to leave the decision-making on the specifics until Tuesday.
‘‘I think it’s worthwhile to take some time and go through the clauses [of the bylaw],’’ Reese said.
‘‘On Tuesday we can take a good look at it.’’
Council officers told councillors the bylaw was not intended to be ‘‘heavyhanded’’, and enforcement of the various clauses could be at the discretion of council’s enforcement and police officers.
Officers said in many cases, tests as to whether something was non-compliant would be measured against what a ‘‘reasonable person’’ would find offensive.
On Tuesday, councillors will have the opportunity to debate further details of how the bylaw is enforced and what penalties are appropriate.
Once councillors have debated this, along with the bylaw’s clauses, the matter will go out for special public consultation.
This process will include public submissions, hearings, and formal feedback to the council.