Signs seized by Auckland City Council

20 March 2010

THIS COUNCIL BYLAW  27.2.1.2  IS IN BREACH OF S 155 OF THE LOCAL GOVERNMENT ACT 2002.

WHAT THE BLOODY AUCKLAND CITY COUNCIL DID – BY REMOVING MY SIGNS WITHOUT MY KNOWLEDGE OR PERMISSION, IN MY VIEW, CONSTITUTES THEFT.

Signs By law, 27.2.1.2, which states that:
A person may not:
On or over public places

1. 1. display a sign on or extending over a public place without the permission of council;

Local Government Act 2002

155 Determination whether bylaw made under this Act is appropriate

(1AA) This section applies to a bylaw only if it is made under this Act.

(1) A local authority must, before commencing the process for making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived problem.

(2) If a local authority has determined that a bylaw is the most appropriate way of addressing the perceived problem, it must, before making the bylaw, determine whether the proposed bylaw—

• (a) is the most appropriate form of bylaw; and
• (b) gives rise to any implications under the New Zealand Bill of Rights Act 1990.

(3) No bylaw may be made which is inconsistent with the New Zealand Bill of Rights Act 1990, notwithstanding section 4 of that Act.

Section 155 heading: amended, on 28 June 2006, by section 16(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 155(1AA): inserted, on 28 June 2006, by section 16(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Freedom of expression

• Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

———- Forwarded message ———-
From: Lisa Prager <l.pra@xtra.co.nz>
Date: Sat, Mar 20, 2010 at 8:19 PM
Subject: FW: Signs seized by Auckland City Council
To: Penny Bright <waterpressure@gmail.com>

—— Forwarded Message
From: “Heinrich, Malcolm” <Malcolm.Heinrich@aucklandcity.govt.nz>
Date: Fri, 19 Mar 2010 13:37:09 +1300
To: lisa Prager <thecowgirl@xtra.co.nz>
Conversation: Signs seized by Auckland City Council
Subject: Signs seized by Auckland City Council

Dear Lisa Prager

Auckland City Council has seized four “Stop The Super city” signs, under the Local Government Act 2002. These signs were displayed along the public footpath near the intersection of Stadium Road and Great North Road, Western Springs on Saturday 13/3/10 at approximately 16:00.

Nobody was in attendance at the location at the time of the seizure.

The displaying of the signage on public property was in breach of the Signs By law, 27.2.1.2, which states that:
A person may not:
On or over public places

• 1. 1. display a sign on or extending over a public place without the permission of council;

Under section 167 of the Local Government Act, you can request that Council return the seized property to  your organization.

Council is prepared to waiver all costs associated with the seizure of the signs and its storage.

Attached please find a Notice of Seizure of property not on private land, and a photo of the signs and location where it was seized.
<<SKMBT_C35310031913220.pdf>>  <<Pacifia Festival  – Ceased Super City Signs 002.jpg>>
Regards

Malcolm Heinrich
Incident Investigator|
Regulatory Planning|Auckland City Environments|
Ph: 353 9142 | Fax: 353 9668
P Please consider the environment before printing this e-mail.