FAQs
- building material or equipment associated with building activities;
- household goods / furniture;
- litter (as defined in the Litter Act 1979);
- manure;
- metal paper;
- plastics;
- timber;
- tyres;
- vehicles;
- waste; and
- asbestos.
- In person at Te Hīnaki – Council Administration Building or Bluff Service Centres,
- Via phone by calling (03) 21 11777
What does Council’s Environmental Health Bylaw cover?
This bylaw creates and administers regulations of mobile trading (including food trucks), alcohol ban areas, solvent abuse, untidy private properties and disused materials or things (including abandoned vehicles) within Invercargill City District with enforcement delegated to Council.
This bylaw is designed to enhance the safety and welfare of the public by minimising nuisance and adverse environmental health effects caused to the community, as far as is practicable through legislation.
Why is Council updating its current Environmental Health Bylaw?
Earlier this year, Council engaged with our community about food trucks. Council heard that food trucks are important to the community, and contribute to the vibrancy of our district.
However, we have also heard some of the current rules around mobile trading including food trucks were not practical, particularly how long they can stay in one location, and how close they can operate to a permanent business that sells the same product, goods and services and/or food items.
The current bylaw is not due for review till 2027, however, we are proposing to make these amendments now to rectify the rules under section 2 Mobile Trading of the bylaw to allow Council to facilitate and administer better mobile trading including food trucks in Invercargill City District.
We are also taking this opportunity to tidy up other sections of the bylaw.
What changes are being made to the bylaw that will affect food trucks and other mobile traders?
Council are proposing to make mobile trading rules more favourable by removing an existing rule which only allows a mobile trader to stay stationary at a location for 2 hours
The current bylaw requires a 300m distance between a permanent commercial business and mobile trading that sells the same products OR must be 50m away from any intersection or pedestrian crossing where people visiting the site may be placed in danger.
This was confusing to some, and while it was not Councils intention, allowed for mobile traders to trader closer than 300m, if they were more than 50m away from an intersection or pedestrian crossing. It is proposed to amend the wording to Section 2.11(a)(iii) of the current Bylaw to specify that both conditions under this section must comply when undertaking mobile trading
The reason for the The 300m distance buffer was to prevent any negative implications to a permanent commercial business that is within the 300m proximity with a mobile trader selling the same products. However, it has been identified that compliance with the 300m rule would significantly decrease the options for where food trucks could be within Invercargill City District. To negate this issue, Council has recommended reducing the 300m trading limit to 100m, noting the compliance to the 50m distance from intersections or pedestrian crossing.
What is the intent of the preapproved list of locations for food trucks?
The intent of the pre-approved locations for food trucks are to support Part 2 Mobile Trading of Council’s proposed Environmental Health Bylaw and these locations are proposed to be informed by a new section (section 2.12 ) through Council’s proposed draft Environmental Heath Bylaw. These locations have been identified through public engagement targeted around food trucks that was conducted early this year
Applications to trade at these sites are streamlined as officers have already conducted a risk assessment of these locations with regards to the regulatory compliance and health and safety to public health. Previously the risk assessment was only initiated after receiving each application
This does not mean that Council will only allow food truck applications to operate from the pre-approved locations, applications can still be made to trade elsewhere in our district, however there they will be treated on a case by case basis
Other forms of mobile trading may also be considered on these mapped locations but it will be solely under the discretion of Council, and in general priority will be given to food trucks over other forms of trading to occupy these locations.
What changes are being made to the bylaw with regard to alcohol ban areas?
No changes are proposed to the rules of alcohol ban areas.
We have added a map of the Alcohol Ban Area to the bylaw so it is easier for users to understand where this will be enforced.
What changes are being made to the bylaw with regard to solvent abuse?
No changes are being proposed to this section.
What changes are being made to the bylaw with regard to untidy Buildings, sections and abandoned vehicles?
Section 5 of the current bylaw provides provisions to promote and maintain public health and safety by protecting the public from nuisances caused by abandoned vehicles, long grass, noxious plants, overgrown vegetation, items likely to harbour vermin, leaking, derelict buildings and verandahs.
This section was created due to the community demand for Council to respond to matters covered in this section at the time of its creation. Some elements of this section are no longer identified as a significant issue that warrants a response through a Bylaw. Other elements are more appropriate to be addressed in other regulations.
Council proposes to replace the term “abandoned vehicles” with “material or thing” to describe the broader issue of nuisance to public health.
The term “Material or thing” used in the proposed bylaw will cover:
Council’s also notes the Dangerous, Affected and Insanitary Buildings Policy has been identified as being the most appropriate to address and respond to untidy or insanitary buildings, as this policy gives Council delegation to respond to such matters under the Buildings Act 2004. Therefore, Council proposes removing all references to “untidy buildings” in this policy
How can I let Council know about Environmental health concerns I come across in the community?
If you have an environmental health concern, you can log a request for service via our customer services team, you can do this:
Online at My Invercargill (icc.govt.nz)
I have questions on the bylaw – how can I speak with someone about this?
If you have any questions, you can contact the policy team on 03 211 1777 or via email to policy@icc.govt.nz
How can I submit my feedback on the Draft Bylaw?
You make your submission on the draft bylaw through letstalk.govt.nz and you can drop in your submissions at the Te Hīnaki Civic Administration Building, the Invercargill Public Library and the Bluff Service Centre.
Submissions close 27 September 2024