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Advertising signs bylaw

Following the introduction of the Advertising signs Bylaw, signs on public land (as per the bylaw) must now be registered with the Council, or they will be removed. All existing signs, providing that they are compliant will be registered and provided with a registration number and sticker.

Non compliant signs will be removed and owners will either have to apply for exemption or replace the sign with a compliant sign.

New signs will need to be applied for using the Advertising Sign application form and will cost $50 for the permit. 

This bylaw does not apply to signs on private land.

Placement of signs

Signs may not be placed on:

• any corner
• any bend
• safety zone
• traffic sign/signal (traffic lights)
• intersection
• Traffic Islands
• Council gardens that may:
  - obstruct or be likely to obstruct the view of traffic
  - distract unduly or be likely to distract unduly the attention of road users or
  - constitute or likely to constitute a danger to the public

Signs may not be placed on Public buildings, bridges or other structures, posts, poles or other uprights (including traffic signs, signals) any tree or other vegetation. If on a footpath, then they must conform to footpath specifications.

Signs causing obstructions

The Council has rules regarding the placement of signs to avoid obstructions being created. An obstruction could be either a physical or a visual obstruction. 

For further information please contact us and request to speak with a Resource Planner.

Maintenance and alteration to signs

The following criteria apply to the maintenance and alteration of registered signs:

• No registered sign is to be altered, replaced or repainted without Council Consent
• No materials to be used that may reflect vehicle lights
• No materials that depends on illumination, or that of vehicle lights
• All materials and construction to be of good workmanlike manner

Advertising signs attached to road signs

Advertising signs are not permitted to be attached to road signs. The Signs Maintenance Contractor has instructions to remove advertising signs from regulatory signs if found, and to report to the Roading Engineer if advertising signs are attached to any street name signs or amenity signs.

Please contact us to report an advertising sign attached to a road sign.

Shared premises

Some premises are shared, with more than one business in the building. In such cases consideration would need to be given to permitting a sign for each business within the premises.

Each case would need to be considered on its own merits.

Signs for business advertising

A business sign refers to any plaque of metal, wood, glass, plastic or other material fixed to a wall surface which denotes the name of the business. 

A business may have a sign written or affixed to the building from which it operates, containing the name and business details, without requiring consent from the Council, providing that sign complies with the requirements of the Control of Advertising Signs bylaw (see clauses 802 – Interpretations, and 805.1)

However, if you wish to display a sign which advertises another product or business, which is not related to your business, please contact us and speak with a Resource Planner.

In addition, you may also display one footpath sign per business within the following guidelines

• Within the confines of the Commercial area of Kaitaia, one per premises
• Within the confines of the Commercial area of Kerikeri, one per premises
• Within the confines of the Commercial area of Rawene, one per premises
• Within the confines of the Commercial area of Kawakawa, Opua and Russell, one per premises
• Within the confines of the Commercial area of Kaikohe, one per premises
• Within the confines of the the area between the Waitangi Tourist Lodge, through Paihia, to and including the Railway Station at Opua, one per premises
• Within the confines of the township of Kaeo, one per premises

Signs must be displayed so as not to cause an obstruction or unnecessary distraction to motorists.

Signs advertising community events

The District Plan allows temporary signs advertising community events such as school galas, festivals and cultural events.

• The maximum size of the sign is 2.88m²
• The sign is allowed to be erected up to 3 weeks before the event
• The sign needs to be removed within 3 days after the event
• The sign is not allowed to create an obstruction

Applicants should apply in writing to the Monitoring Officer. The letter should include:

• The date of event
• Where signs are wished to be placed (location/s)
• When they will be placed
• What period (when,after the event, will they be removed)

For further information please contact us and speak with a Monitoring Officer.

Exemption from permit and licence

The following signs are exempt for licence or permit:

• Business signs
• Name plates
• Sign-cases
• Temporary signs
• Window signs
• Footpath signs complying with the specifications and requirements in the Council bylaws
• Real estate agents "For Sale", "Auction", "For Tender" or "Open Home" signes or flags that comply with the specifications in Council bylaws

Prohibited signs

• Signs that have an impact on drivers and traffic due to their material (eg reflective, metalic etc) are prohibited
• Signs may not be placed on any public buildings, public places, buildings, bridges or poles unless they are exempted without permission of the Chief Executive

The person responsible for these signs will be expected to remove them and if they do not, the Council will remove them and seize the sign. 

Requests considered

The Council will consider a written request to evaluate signs that do not comply with the criteria of the bylaw. The types of requests that will be considered are as follows:

• Signs that fall within 10% increase in the size of the bylaws dimension, in particular when the increase is in height rather than base size. Larger signs will not be considered
• Signs to be placed away from the premises will be considered but it will be referred to the relevant Community Board who will assess it in terms of the other bylaw criteria. Also refer to communal signs
• Signs leaving insufficient, unimpeded clearance of the footpath will be considered, depending upon the unimpeded clearway after the sign has been placed. The council may suggest a small sign as a solution.

A request for more than one sign per premises would not be considered. 

Real estate signs

The Council has rules regarding real estate signs. These rules are set down in a protocol between the Council and the Real Estate Institute. Breaches of this protocol can be reported to the Institute who have their own disciplinary committee, or to Council.

1. Where a real Estate sign is erected on a roadside, in contravention of the bylaw, and is considered to be hazardous or a distraction to traffic, or impedes the ability for pedrestrian traffic access, such signs will be removed immediately, and the agency will be advised of the action taken and invited to reclaim the sign/s.
2. Where a real estate sign has been erected in contravention of the bylaw, however, is not considered to be a hazard, as described in item 1 above, the agency will be requested to have the sign removed, or placed in a compliant manner, and will be give a realistic number of days to comply. Failure to comply may result in Council removing the sign/s and the need for a $50 to be paid to recover the sign/s.
3. Where a real estate sign is displayed, advertising a property for sale, however, is not directly on the property subject to the sale, then the actions described in item 2 above will apply.

Additional rules are as follows:

• "For Sale" signs must be outside of the property that is for sale and relate to that property only
• The maximum size each sign can be is 2.0 m x 0.9 m
• If the sign is a flag, it must be flown from a safe and stable flagpole structure not exceeding 2.4 metres in height
• It may not be placed on a road or carriageway
• An "Open Home" sign may not remain in place for more than 6 hours in any one day
• "For Sale", "Auction" and "For Tender" signs may remain in place until the property is sold

Election Hoardings

An election sign is defined as "Any sign incorporating a political party logo or name or slogan or any politician's or candidate's name or photo".

There are rules and regulations with regard to the siting of hoardings, the density of hoardings and the processes and policy the Council follows. Click here to view the Election Hoarding Policy.

The Policy does not allow the erection of any election hoarding on any street or council owned utility, park etc which means no sign can be erected on Council's property. PRIVATE PROPERTY ONLY.

The Electoral Act allows candidates to erect an election hoarding that covers no more than 3 square metres on an private property for no more than 8 weeks.

Council has the right to remove any sign which is deemed to be a hazard to traffic or person/property

If a customer wishes to complain about an election hoarding create an RFS.

• Signs erected on State Highways where the speed limit is 70kph or more require specific permission from Transit NZ.
• Signs erected on State Highways where the speed limit is 70kph or less must comply with Transit NZ requirements, which are as follows:
• Signs must not be reflectorised
• Signs must not be on or adjacent to motorways or be erected in a manner that will create distraction or danger to road users.
• Signs must not imitate official traffic signs
• Vehicle mounted signs on State Highways are discouraged.

Footpath signs

Footpath signs must confirm to the following specifications:

Maximum height 1.5 metres
Maximum width 0.6 metres
Maximum base spread 0.6 metres
Minimum clearance from footpath 0.3 metres to base of sign

In addition they must:

• Not be placed more than 0.5 metres from the kerb edge
• Not in a position that inconveniences pedestrians
• In a position that there is unimpeded footpath clearway of less than 2.5 metres in width.
• Be placed on the footpath outside the business being advertised.

Billboards

Any sign over 2m in height above the ground may require a Building Consent.

The rules for billboards vary depending on which Human Environment (zone) the site is in. For further information please contact us and speak with a Resource Planner.

The Advertising Standards Complaints Board may rule as to whether the content of a billboard is "obscene" or not.

Overhead signs

District Bylaws prevent signs being erected above footpaths or roads unless the entire sign is at least 2.5 metres above a footpath or 5.5 metres above a road. 

Communal signs

Some businesses may be located in Malls, in which case, they may wish to place signs outside the mall or on a street corner. As these businesses are non-complying within the terms of a bylaw, they may wish to consider a Communal sign to advertise all the establishments within the mall.

Such a proposal would require the support of all business concerned, a suitably identified site that does not affect traffic visibility or impeded a footpath, and not affect any other business in the vicinity of the proposal sign location.

A proposal for such a sign would need to be accompanied by an official application, diagrams of sign, site plans and approvals of affected parties. Such applications would be required to be considered by the relevant Community Board, and other affected departments such as Utilties, Parks & Reserves and Environmental Services Departments for comment.

Maintenance and alteration to signs

The following criteria apply to the maintenance and alteration of registered signs:

• No registered sign is to be altered, replaced or repainted without Council Consent
• No materials to be used that may reflect vehicle lights
• No materials that depends on illumination, or that of vehicle lights
• All materials and construction to be of good workmanlike manner