Advertising and Signs Bylaw - Te Ture a-Rohe mō Nga Tohu

The Council adopted an amended version of this Bylaw on 16 May 2023 and these amendments are operative from 23 June 2023. The amended Bylaw is available below under Related Information and a copy can be downloaded here.

1 Title

This bylaw is the Advertising and Signs Bylaw.

2 Explanatory notes

Text in boxes headed ‘Explanatory note’ in this bylaw is included for information purposes only, and –

(a) does not form part of this bylaw; and

(b) cannot be considered in the interpretation or application of a provision of this bylaw; and

3 Commencement

This bylaw comes into force on 1 December 2017.

4 Application

This bylaw applies to the district of the Thames-Coromandel District Council as defined in the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460.

Explanatory note

This bylaw is not the only legislative document relating to activities in public places. Nothing in this bylaw removes the need to comply with any duty, power or responsibility arising from any other Act, regulation, bylaw or rule.

In particular, this bylaw should be read in conjunction with bylaws relating to public places along with relevant Council policies.

Words which refer to the singular include the plural and the plural includes the singular.

Reference to any Act or provision of any Act includes any amendment to that Act or any Act passed in substitution for it. Areas of control prescribed by this legislation including the Local Government Act 2002, Reserves Act 1977, Land Transport Act 1998, the Government Roading Powers Act 1989 and Electoral Act 1993 outline some of the powers and requirements of the Council. They are not necessarily repeated within this bylaw, but relevant Acts should be read in conjunction with it.

Any resolution of Council may be amended, rescinded or reinstated by a further resolution of Council. The most recent resolution of Council shall be the operative resolution. A power for the Council to make a resolution includes the power to amend or revoke the resolution or to revoke it and replace it with another.

Part 1: Preliminary provisions

5 Purpose

The purpose of this bylaw is to manage the erection, maintenance, and display of signs to:

(a) ensure signs do not present a hazard, obstruction, or danger to public safety;

(b) allow businesses, activities and events to be advertised or promoted; and

6 Interpretation

(1) In this bylaw, unless the context otherwise requires —

approval means an approval, permit or licence granted under this bylaw and includes all conditions to which the approval is subject.

changeable message sign means an internally lit sign that displays electronic messages and/or images.

Council means the governing body of the Thames-Coromandel District Council, or any person delegated to act on its behalf.

directional signs in relation to real estate signs, means publicly visible signs providing direction to a building or land that is available to the public for inspection for the purpose of sale, lease, rent or auction.

event means an organised temporary activity or occasion and includes but is not limited to an organised gathering, parade, protest, wedding, or private function (which is independent of premises), outdoor market, meeting, festival, gala, carnival, filming, concert, celebration, sports competition, including fun run, marathon, duathlon or triathlon.

illuminated static sign means any static sign with a specifically designed means of illumination of the whole or any portion of its visible area. Includes internally illuminated and externally illuminated (floodlit) signs, reflective signs; but does not include changeable message signs.

portable or movable sign means any sign which is intended to be movable or capable of being moved, whether or not on wheels or other special supports, including but not limited to sandwich board or “A frame” type signs. Portable or movable signs also include flags, placards, signs, banners or similar devices attached to vehicles for advertising purposes, unless such devices are an integral part of such vehicle used in the normal course of business.

other agency means a public sector agency, department, ministry or local authority, including but not limited to:

(a) the Department of Conservation

(b) Fire and Emergency New Zealand; and

publicly visible sign means a sign on, or visible from, a road or public place, where “public place” has the same meaning as in the Activities in Public Places Bylaw.

Explanatory note

Signs within the state highway reserve are controlled through the New Zealand Transport Agency (Signs on State Highways) Bylaw 2010, other than areas within a 50km/h speed restriction. For areas within a 50km/h speed restriction, the Thames-Coromandel District Council Advertising and Signs Bylaw 2017 applies.

The Thames-Coromandel District Council Advertising and Signs Bylaw also applies to private land that is visible from a state highway.

real estate sign means publicly visible signs that are advertising for sale, lease, rent or auction the whole or part of land or premises.

reserve has the same meaning as in section 2(1) of the Reserves Act 1977.

Explanatory note

The term “reserve” in this bylaw includes a reserve that is commonly referred to as a park.

road has the same meaning as in section 2(1) of the Land Transport Act 1998 and its amendments.

roadway has the meaning given in the Land Transport (Road User) Rule 2004.

Explanatory note

As at May 2023, the Land Transport (Road User) Rule 2004 defines ‘roadway’ as: ’that portion of the road used or reasonably usable for the time being for vehicular traffic in general’.

road frontage means the extent of a property boundary adjoining a road.

sign means any symbol, display or device intended to attract attention. It includes those affixed to, painted on, protruding beyond the face of a wall, fence, building, structure, or incorporated within the design of a structure or building. It also includes any structure erected specifically to support or enhance the sign.

structure means something built, constructed or installed by people. It excludes vegetation, earthworks, and minor gardening structures that can easily be removed by hand.

traffic control device has the same meaning as in the Land Transport Rule: Traffic Control Devices 2004.

vehicle has the meaning given in the Land Transport Act 1998.

Explanatory note

As at 28 October 2021, the Land Transport Act 1998 defines ‘vehicle’ as:

(a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and

(b) includes a hovercraft, a skateboard, in-line skates, and roller skates; but

(c) does not include—

(i) a perambulator or pushchair:

(ii) a shopping or sporting trundler not propelled by mechanical power:

(iii) a wheelbarrow or hand-trolley:

(v) a pedestrian-controlled lawnmower:

(vi) a pedestrian-controlled agricultural machine not propelled by mechanical power:

(vii) an article of furniture:

(viii) a wheelchair not propelled by mechanical power:

(ix) any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

(x) any rail vehicle

verandah signs means a publicly visible sign on a verandah including any side, frontage (fascia) or under a verandah, portico, balcony or awning over a road including a footpath or other public place.

(2) The Legislation Act 2019 applies to this bylaw.

Explanatory note

This means that words or phrases used in this bylaw that are defined in the Legislation Act 2019 have the meanings given in that Act. For example –

section 13 of that Act defines “person” as "includes a corporation sole, a body corporate, and an unincorporated body"; and
section 33 of that Act states that words in the singular include the plural and words in the plural include the singular.

Part 2: Publicly visible signs

7 General requirements

(1) A person must not display or fix any signs on any Council owned or controlled property except with the prior written approval of Council.

(2) A person must not erect a sign in breach of this bylaw, unless they have first obtained an exemption under Clause 16.

(3) A publicly visible sign must comply with the controls in the Schedules to this bylaw, listed below —

(a) Schedule 1: Additional controls for signs contained within specified areas;

(b) Schedule 2: Additional controls for portable and movable signs;

(d) Schedule 4: Real estate signs;

(e) Schedule 5: Additional controls for changeable message signs

(4) To avoid doubt, any sign that is managed under any of the specific restrictions in Schedule 5 must also comply with the restrictions in Schedule 1. If there is a conflict between the restrictions in Schedule 1 and the restrictions in Schedule 5, the specific restrictions in Schedule 5 prevail.

(5) To avoid doubt, compliance with this bylaw does not remove the need to:

(a) comply with all other requirements, duties, power or responsibilities arising from any other Act, regulation, bylaw or the District Plan; or

(b) obtain consent or permission from the relevant landowner, manager or controller of the land, for the display of a sign on that land.

Explanatory note

In the Thames-Coromandel District, signs are mostly managed by this bylaw rather than the District Plan. However, the District Plan contains the following sections with rules that relate to signs –

Section 31 Historic Heritage;
Section 32 Outstanding Natural Features and Landscapes;
Section 32A Natural Character of the Coastal Environment.

Regarding signs on reserves, 4.9 of the Council’s General Policies Reserve Management Plan apply in addition to the clauses of this bylaw.

8 Public safety, traffic safety and maintenance requirements

(1) A person must not erect or display any publicly visible sign unless it is placed, secured, braced, anchored, constructed, affixed or displayed in such a way that it does not, or is not likely to, cause an obstruction or endanger public health or safety.

(2) Any publicly visible sign must be maintained in such a condition that it does not become dilapidated, unsafe, structurally unsound, or endanger public health or safety.

(3) A person must not display any publicly visible sign that —

(a) obstructs, obscures or impairs the line of sight of any corner, bend, intersection, vehicle crossing, pedestrian crossing, or view of any traffic control device. Schedule 1 and Schedule 4 contain some specific controls for the proximity of publicly visible signs to intersections;

(b) obstructs or hinders the safety or movement of persons or vehicles using the footpath or any other part of the road;

(d) could distract a person driving a vehicle on a road because the text cannot be read safely by such a person travelling at the legal speed limit. Schedule 1 contains text size and sign size controls depending on the applicable speed limit;

(e) uses any method of illumination that may adversely affect traffic safety, including, but not limited to, reflective materials, lasers, flashing or revolving lights; or

(f) is located within the roadway, unless the sign –

i. is attached to a motor vehicle and is an integral part of the motor vehicle when the vehicle is used in its normal course of business, and

ii. the vehicle is being used genuinely for travel and is parked, incidentally, in the course of such travel.

9 Removal of signs once no longer required

A publicly visible sign must be removed as soon as reasonably practicable once the sign is no longer required for advertising purposes.

10 Responsibility for signs

In the absence of proof to the contrary, the owner, occupier and manager of any premises or property on which publicly visible signs are displayed are jointly and separately responsible for compliance with this bylaw.

11 Content of signs

(1) A person must not display, place, or allow to remain in place or on display any publicly visible sign that –

(a) is discriminatory or advocates discrimination based on one or more of the prohibited grounds of discrimination in the Human Rights Act 1993;

(b) is objectionable within the meaning of the Films, Videos and Publications Classification Act 1993; or

12 Additional controls for changeable message signs and illuminated static signs

Changeable message signs must comply with the controls in Schedule 5 of this bylaw.

2. Illuminated signs must:

(a) have all floodlights or concealed lighting directed solely on to the advertisement and its surrounds

(b) have any light source shielded so that glare does not extend beyond the advertisement
(c) with the exception of neon signs, have no light source visible to passing motorists with a light output greater than that of a 65W incandescent bulb.
(d) not be illuminated in a way that makes the sign appear to move, shimmer, flash, strobe, sparkle or revolve.

(e) not be illuminated in a way that it causes a nuisance or traffic hazard.

Explanatory notes

Staff will refer to the guidance in Waka Kotahi New Zealand Transport Agency Traffic Control Devices Manual - Part 3 Advertising Signs when determining what constitutes a nuisance or traffic hazard.

13 Additional controls for event signs

Event signs must be removed no later than 10 working days after the event.

14 Additional controls for real estate signs

(1) Real estate signs must comply with the controls for real estate signs in Schedule 4 of this bylaw.

(2) Real estate signs must be located within the boundary of the property to which they relate, or flush on the wall or fence of that property except if the property does not have direct road frontage in which case signs may be displayed on the grass berm of the road reserve immediately adjacent to the property.

(3) Sub-clause (2) does not apply to —

(a) any real estate directional sign, so long as the sign complies with the requirements for directional real estate signs in Schedule 4 of this bylaw and complies with Clause 8 of this bylaw; or

(b) any real estate flag or banner attached to, or secured by, a vehicle during the time of an open home or on-site auction, so long as the sign complies with the requirements for real estate flags or banners in Schedule 4 of this bylaw and complies with Clause 8 of this bylaw

Part 3: Exemptions

15 General exemptions

(1) This bylaw does not apply to –

(a) traffic, emergency services, network utility operators, direction, information, and naming signs erected by or with the approval of the Council;

(b) signs indicating hazardous substances used at a hazardous facility;

(c) signs erected by other agencies, except that any other agency that wishes to erect a sign on Council owned or controlled land must first obtain permission from the Council; or

(d) signs that are authorised by a resource consent. This bylaw does not affect any conditions placed on signs by a resource consent.

Explanatory note

For more information about how to apply for an application for a specific exemption, visit the Council’s website.

16 Application for specific exemptions

(1) A person may apply in writing to the Council for a specific exemption from the requirements of this bylaw and the Council may grant the exemption with any conditions it considers appropriate to achieve the purpose of this bylaw. An application for an exemption will only be granted if the Council is satisfied that granting the exemption will not significantly prejudice the achievement of the purpose of this bylaw. Circumstances where an exemption may be considered include but are not limited to —

(a) the sign is in substantial compliance with the bylaw and further compliance is unnecessary;

(b) a requirement in the bylaw is unreasonable or inappropriate in the particular case; or

(c) events have occurred that make compliance with a requirement in the bylaw unnecessary or inappropriate in the particular case.

(2) The Council may require that applicants for specific exemptions pay any relevant application fee set in the Council’s Schedule of Fees and Charges.

Part 4: Enforcement, offences and penalties

17 Enforcement, offences and penalties

The Council may use its powers under the Local Government Act 2002 and the Land Transport Act 1998 to enforce this bylaw.
Every person who breaches this bylaw commits an offence and is liable to a penalty under the prevailing legislation.
The Council may, pursuant to section 163 of the Local Government Act 2002, remove or alter a work or things that is, or has been, constructed in breach of this bylaw and may recover the costs of removal or alteration from the person who committed the breach.
This clause does not prevent the Council from having recourse to other legal remedies, as it sees fit, to enforce the provisions of this bylaw.

Explanatory note

A person who is convicted of an offence against this bylaw is liable to one or more of the following –

a fine not exceeding $20,000 under section 242 of the Local Government Act 2002 (as reprinted on 26 March 2020); or
a fine not exceeding $1,000 under Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999.

Part 5: Savings and transitional provisions

18 Approvals under a previous version of this bylaw

All approvals that were made, given or issued under a previous version of this bylaw, or that were continued by that bylaw, and are continuing at the commencement of this bylaw, will continue, and be treated, as if they are approvals granted by the Council under this bylaw.

19 New requirements in bylaw amendments must be complied with

Where an amendment is made to this bylaw, any publicly visible signs erected prior to the amendment must comply with any amendments from the date that they come into force; unless an exemption or approval applies.

Schedule 1: Additional controls for signs located within specified areas

For the purpose of this Schedule –

(a) free standing sign means any publicly visible sign that is fixed on or into the ground and that is standing on its own, independent of any building or structure for its primary support.

(b) flat mounted wall sign means any publicly visible sign that is attached to, painted onto, or protruding beyond the face of a wall, fence or building.

(c) protruding sign means any publicly visible signs that are attached to, or projecting beyond the face of a wall, fence or building.

Table 1 - Additional controls for signs located within the Residential Area (areas within a Coastal Living, Extra & Low Density Residential, Residential, Village and Waterfront Zones as defined in the District Plan)

Type	Placement	Size and height	Number permitted
Free standing sign.	Must be inside the property boundary to which the sign relates.	Maximum height above ground level of 3.5 metres. Maximum combined sign/s area of 3 square metres.	Maximum of 1 per premise.
Flat mounted wall sign.	Can either be affixed to a building, boundary wall or fence to which the sign relates.		Maximum of 1 per premise.
Protruding sign.	Must not protrude more than 1 metre from the connecting wall.	Maximum size of 2 square metres. Minimum height above ground level of 3 metres. Maximum height above ground level of 8 metres.	Maximum of 1 per premise.

Table 2 - Additional controls for signs located within the Industrial and Commercial Areas (areas within an Industrial, Light Industrial, Marine Service and Commercial, Gateway and Pedestrian Core Zones as defined in the District Plan)

Type	Placement	Size and height	Number permitted	Minimum text size in millimetres (mm) for message letters
Free standing Sign.	Must be inside the property boundary to which the sign relates. Minimum distance from intersection: Signs in zones < 70km/h - no minimum distance Signs in a 70km/h zone – 149 metres Signs in an 80km/h zone –181 metres Signs in a 100km/h zone – 253 metres.	Maximum height of 8 metres, and up to 3 metres in width.	Signs in a 70km/h zone – Spaced up to one per 60 metres of road frontage Signs in an 80km/h zone – Spaced up to one per 70 metres of road frontage Signs in a 100km/h zone – Spaced up to one per 80 metres of road frontage	Signs in a 70km/h zone – Main text - 200 Secondary text - 100 Signs in a 80km/h zone – Main text - 250 Secondary text - 125 Signs in a 100km/h zone – Main text - 300 Secondary text - 150
Flat wall mounted sign.*	Can either be affixed to a building, boundary fence or wall on or within the front yard boundary fence or wall to which the sign relates. Minimum distance from intersection: Signs in zones < 70km/h - no minimum distance Signs in a 70km/h zone – 149 metres Signs in an 80km/h zone –181 metres Signs in a 100km/h zone – 253 metres.	Maximum height of 3.5 metres, and up to 3 metres in width.	Signs in a 70km/h zone – Spaced up to one per 60 metres of road frontage Signs in an 80km/h zone – Spaced up to one per 70 metres of road frontage Signs in a 100km/h zone – Spaced up to one per 80 metres of road frontage	Signs in a 70km/h zone – Main text - 200 Secondary text - 100 Signs in a 80km/h zone – Main text - 250 Secondary text - 125 Signs in a 100km/h zone – Main text - 300 Secondary text - 150
Protruding sign.	Must not protrude more than 1 metre from the connecting wall or structure.	Maximum size of 2 square metres. Minimum height above ground level of 3 metres. Maximum height above ground level of 8 metres.	Maximum of 1 per premise.

* Signs that are incorporated into the design of a building are exempt from conditions relating to flat wall mounted signs.

Table 3 - Additional controls for signs located within Rural and Recreation Areas (areas within a Rural, Rural lifestyle, Recreation Active & Passive, Open Space and Airfield Zones as defined in the District Plan)

Type	Placement	Size	Number permitted	Minimum text size in millimetres for message letters
Free standing sign.	Must be inside the property boundary to which the sign relates. Minimum distance from intersection: Signs in a 70km/h zone – 149 metres Signs in a 80km/h zone –181 metres Signs in a 100km/h zone – 253 metres	Maximum height of 6 metres, and up to 3 metres in width.	Signs in a 70km/h zone – Spaced up to one per 60 metres of road frontage Signs in a 80km/h zone – Spaced up to one per 70 metres of road frontage Signs in a 100km/h zone – Spaced up to one per 80 metres of road frontage	Signs in a 70km/h zone – Main text - 200mm Secondary text - 100mm Signs in a 80km/h zone –Main text - 250mm Secondary text - 125mm Signs in a 100km/h zone –Main text - 300mm Secondary text - 150mm
Flat wall mounted sign.	Can either be affixed to a building, boundary fence or wall on or within the front yard of the property to which the sign relates. Minimum distance from intersection: Signs in a 70km/h zone – 149 metres Signs in a 80km/h zone –181 metres Signs in a 100km/h zone – 253 metres	Maximum height of 3.5 metres, and up to 3 metres in width.	Signs in a 70km/h zone – Spaced up to one per 60 metres of road frontage Signs in a 80km/h zone – Spaced up to one per 70 metres of road frontage Signs in a 100km/h zone – Spaced up to one per 80 metres of road frontage	Signs in a 70km/h zone – Main text - 200mm Secondary text - 100mm Signs in a 80km/h zone – Main text - 250mm Secondary text - 125mm Signs in a 100km/h zone – Main text - 300mm Secondary text - 150mm
Protruding sign.	Must not protrude more than 1 metre from the connecting wall or structure. Minimum height above ground level of 3 metres. Maximum height above ground level of 8 metres.	Maximum size of 2 square metres.	Maximum of 1 per premise.

Schedule 2: Additional controls for portable and movable signs

Type of sign

Size and height

Number permitted

Board sign (including sandwich boards)

Maximum height from the ground of 1.2 metres high and the base 0.6 metres wide x 0.6 metres deep.

Maximum area of 0.72 square metres per side of the board.

Maximum of 1 board sign per business or commercial activity.

Maximum of 2 signs of any kind per business or commercial activity (1 may be a board sign).

A businesses or commercial activity without direct or ground floor frontage may have 1 additional sign of any type directing people to the business or commercial activity, providing the sign complies with other requirements of this bylaw and does not cause an obstruction or endangerpublic health or safety.

Flag sign (including teardrop style)

Maximum total height from base to top of the sign: 2.5 metres.

Schedule 3: Verandah signs

Type of verandah sign

Placement, size and height

Number permitted

Sign placed on side or frontage (fascia)

Minimum ground clearance of 2.7 metres.

Must not protrude beyond the edges of the connecting structure.

Must not have a projecting thickness exceeding 25 centimetres from the connecting structure.

Maximum of 1 on each side or frontage (fascia) of the verandah.

Sign placed under verandah (hanging)

Must hang at 90 degrees to the wall to which the verandah is attached.

Minimum height clearance above ground level of 2.7 metres.

Maximum thickness of 25 centimetres.

The end of the sign must be at least 50 centimetres inside the external edge of the connecting structure.

Maximum of 1 hanging underneath the verandah.

Schedule 4: Real estate signs

Type	Placement	Size	Duration in place	Number permitted
Boards	Must be inside the property boundary or on the property fence to which the sign relates. Properties without direct road frontage may display signs on the grass berm of the road reserve immediately adjacent to the property.	Maximum sign area if single agency of 1.8 square metres. Maximum sign area if multi-agency of 0.6 square metres (per sign). Maximum height above ground level of 2 metres.	Must be removed within 10 working days of the date that: the property is sold; or the property is taken off the market for another reason.	1 per agency.
Boards for auctions and tenders	Must be inside the property boundary or on the property fence to which the sign relates.	Maximum sign area if single agency of 9 square metres. Maximum sign area if multi-agency of 3 square metres (per sign). Maximum height above ground level of 3.5 metres.	Must be removed within 10 working days of the date that: the property is sold; or the property is taken off the market for another reason.	1 per agency.
Flags or banners for open homes and auctions	Must either be on the property or secured to a parked vehicle directly outside that property so long as the flag/banner does not protrude from the side of the vehicle on the roadside or protrude so as to obstruct the footpath or pavement.	Maximum total height of 2.5 metres from the base to the top of the sign.	May only be displayed for the day of the open home or auction. (Must be removed on the same day as the open home/auction.	1 per agency.
Directional signs for open homes and auctions	At a maximum of 6 signs leading to the property.	Maximum height of 0.9 metres from ground level.	May only be displayed for the day of the open home or auction. Must be removed on the same day as the open home/auction.	Maximum of 6 per property to which the open home/auction relates.

Schedule 5: Additional controls for changeable message signs

Topic	Control
Illusion of movement	The sign and its contents must not scroll, continuously move or appear to be moving, be animated, or appear to shimmer or sparkle. For the avoidance of doubt, a changeable message sign is limited to transitions between static images.
Dwell time	The dwell time must not exceed the greater of 30 seconds or the dwell time required to ensure that no more than 5% of road users view a change in the image or display while using the portion of the road network from which the changeable message sign is visible.
Transition time	Must have a transition time of no more than 1 second and no less than 0.5 seconds between each image or display.
Number of images	Each static message must convey the complete message within a single image or display. Messages must not be displayed across more than one image or display
Adjust to ambient light	Must not use an artificial light source unless it is controlled by an appropriate system that automatically adjusts brightness in response to ambient light conditions.
Maximum luminance	Must not use an artificial light source that exceeds a luminance of – 5,000 cd/m² (candelas per square metre) at any time; and 250 cd/m² between sunset and sunrise.
Image content	Image content: In low-speed environments (70 km/h and less) at all times the changeable message sign should include no more than ten individual elements; of which words may only make up eight elements. Additionally, each line of text shall contain a maximum of 40 characters. In higher speed environments (more than 70 km/h) these content controls halve. At all times the changeable message sign should include no more than five individual elements; of which words may only make up four elements. Additionally, each line of text shall contain a maximum of 20 characters.