Part 13: Parking control

Last updated: December 2007. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

3  Legal framework and implications

3.1  General principles and powers

The following documents outline the legal requirements of RCAs and other parties in New Zealand in relation to parking facilities, their enforcement and road user responsibility.

3.1.1  Transport Act 1962

The Transport Act 1962 was the principal act for general road transport matters. Most of the provisions have been updated and incorporated into the Land Transport Act 1998; however, the Transport Act still contains some elements relating to parking, primarily bylaws and appointment of parking wardens.

3.1.2   Local Government Act 1974 and 2002

The Local Government Act (LGA) provides the general framework and powers under which New Zealand TAs operate, and is designed to provide a democratic and effective local government that recognises the diversity of New Zealand communities. The legislation promotes local accountability and defines a clear purpose for local government.

In relation to parking, the LGA sets out the TA responsibility and power to set any parking restrictions and providing parking places.

3.1.3  Land Transport Rule: Traffic Control Devices 2004 (TCD Rule)

The TCD Rule describes the requirements for the design, construction, installation, operation and maintenance of traffic control devices. It sets out and details the responsibilities of RCAs in the provision of traffic control devices.

RCAs must follow the requirements as described in the TCD Rule. In particular, sub-clause 13.1 (1) states ‘a road controlling authority must comply with this rule when providing, installing, modifying or maintaining a traffic control device’.

3.1.4  Land Transport Rule: Road User Rule 2004 (Road User Rule)

The Road User Rule stipulates how traffic must legally operate on the road and applies to all road users. In particular, with respect to stopping and parking, the Road User Rule stipulates parking prohibitions in certain specific locations, such as near intersections, pedestrian crossings and bus stops. The signing and marking requirements associated with these locations are highlighted in section 3.3.

3.1.5  Building Act 2004

The erection of houses and other buildings is controlled by the Building Act 2004 and applies to the construction of new buildings as well as the alteration and demolition of existing buildings. In particular, it provides legal requirements for the number, design and access of disabled car parking spaces.

3.2  Regulation of parking

Parking control is determined by either the RCA or the private landowner. The application of parking control and its enforcement on roads vested in a TA are made under bylaw processes and are made by exercising powers in the Local Government Act 1974 and section 72(1)(k) of the Transport Act 1962.

Transit New Zealand has the power of a local authority under the Transit New Zealand Act 1989 (Transit Act) to legalise parking. However, under section 62 of the Transit Act, Transit has the power to delegate that power to local authorities to manage and enforce parking on the state highway network. In such circumstances, Transit typically determines and legalises the parking restrictions and, where parking is permitted, the TA manages the enforcement of time limits and fee collection.

The RCA must install parking marking and appropriate signs described by the TCD Rule.

The existence of underlying legislation prohibiting parking in certain locations (for instance, within 6 m of an intersection or obstructing vehicle entrances and exits) as prescribed in the TCD and Road User Rules removes the need for such restrictions to be specifically identified within a local authority bylaw and they may not need to be specifically marked or signed. However, where appropriate, they can be reinforced and identified to road users through the provision of appropriate traffic control devices. In such circumstances, however, care is needed to ensure any offence notice issued during enforcement stipulates the correct description of the offence committed. Alternatively, it is recommended the restriction is implemented through the bylaw process to negate any confusion.

The control of parking at any other location deemed appropriate by the RCA/private property owner can be undertaken through the use of signs and markings.

The application of any restrictions on parking on public roads outside of the general limitations of the rules must be by way of RCA bylaw. Information relating to such parking restrictions should be accessible to the public and, if required, be able to be presented to a court to support any prosecution.

Private owners who invite the public to park on their property (eg supermarkets or hospitals) are considered RCAs and therefore have responsibility to manage the signing and marking of parking under the TCD Rule. In order to ensure consistency and understanding of information within these facilities, use of signs and markings in the form contained in the TCD Rule would substantially assist.

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