Interpretation

In these Rules, if not inconsistent with the context:

“Committee” means the committee of the Society and any or all of its members.

"Public Spaces” means the open spaces, walkways, cycleways and paths owned by the Society available for use by the public in accordance with these Rules.

“Rules” means these rules as amended in accordance with the constitution of the Society from time to time.

“Society” means the Karaka Village Residents’ Society Incorporated.

“Society Representative” means any person acting under the authority of the Society.

“Vehicle” has the meaning given to that term by the Land Transport Act 1998.

Hours

Subject to these Rules, the Public Spaces shall be open to the public between the hours of 6 am and 9 pm except during the hours that the Society determines the Public Spaces shall be closed.

No person shall enter the Public Spaces, or remain there, during the hours in which the Public Spaces is closed.

From time to time, at any time and for any length of time (including, where appropriate, permanently) the Society may close or restrict access to the Public Spaces or any part of the Public Spaces as the Society considers necessary for any reason.

Gates

No person shall:

• Enter or leave the Public Spaces except through the gateways, entrances, or exits provided for that purpose.

• Leave any gate in a different position from that in which he or she finds it; gates found open shall be left open and gates found closed shall be left closed.
  

Electric Fencing

All fencing wires around the Public Spaces are to be treated as live electric fencing.

General Liability

Every person enters the Public Spaces at their own risk.

Every person entering the Public Spaces acknowledges that part of the Public Spaces is a working farm containing livestock and machinery and on which general farming activities occur, including, by way of example only, weed and pest control.

The Society accepts no responsibility or liability for the injury or damage to persons or property arising as a result of entry to or use of the Public Spaces, however it occurs.

Misbehaviour

No person shall:

• Make improper, offensive or unlawful use of the Public Spaces.

• Undertake any activity which is or may become a nuisance or wilfully obstruct, disturb, annoy or interfere with any person in the use or enjoyment of the Public Spaces.

• Use any foul, abusive, indecent or obscene language within the Public Spaces.

• Consume any illegal substance, be intoxicated, under the influence of drugs, noisy, riotous or in any way misbehave within the Public Spaces.

• Obstruct or interfere with any Society Representative working on the Public Spaces.

Do any act which may:

• void any insurance of the Public Spaces or which may prejudice or add to the premium payable in respect of such insurance;

• detract from the attractiveness or state of repair of any part of the Public Spaces; or

• adversely affect any natural features including streams, ponds, swales or wetlands which form part of the Public Spaces.
  

Damage to Plants and Property

No person shall:

• Plant any tree, shrub, or plant of any kind or introduce any substance injurious to plant-life on the Public Spaces.

• Deposit any material in or on, or excavate the surface of, any part of the Public Spaces.

• Uproot, injure or interfere with, in any manner whatsoever, any shrub, tree, flowers, ferns, greenery, timber, bark, gravel or other substance or thing whatsoever on the Public Spaces.

• Remove, deface, or damage any inscription or label attached to or connected with any article, tree, shrub, or other plant on the Public Spaces, or any wall, building, equipment, natural object or any fixture, fitting, or implement of any kind within or enclosing the whole or any portion of the Public Spaces.
  

Dangerous Weapons

Except with the prior written permission of the Society, no person shall:

• Use or carry any firearm, blade or similar weapon or implement of a dangerous character.

• Throw any stick, stone, or other missile by hand or in any manner likely to hurt, injured, frighten any person or animal, or damage any property within or adjacent to the Public Spaces.

The Society or any Society Representative may confiscate any implement carried or used in breach of subclause (1) of this clause and may retain that implement until satisfied that it will not be the subject of any further breach.

The Society or any Society Representative will not be liable for any claim arising from the confiscation of any implement under subclause (2) of this clause.

Sale of Goods

Except with the prior written permission of the Society, no person shall undertake any activities involving selling or displaying goods, or commercial activities whatsoever within the Public Spaces, and then only subject to any rules the Society may impose.

No such permit shall be deemed to authorise the sale or offering for sale or the having in possession for the purpose of sale of any liquor in contravention of any provision of the Sale and Supply of Alcohol Act 2012.

Water

No person shall:

• In any manner pollute or render unfit for its intended use any water supply within the Public Spaces.

• Operate any craft (whether motorised or not) on any body of water which adjoins or forms part of the Public Spaces without the prior written approval of the Society.

• Swim, wade, fish, paddle, bathe in, or carry out any similar activity in or on, any body of water which adjoins or forms part of the Public Spaces without the prior written approval of the Society.
  

Fires and Fireworks

Except with the prior written consent of the Society, no person shall:

• Make or light any fire or allow any fire to be lit or to continue to burn in the Public Spaces.

• Ignite, launch or display any fireworks on or from any part of the Public Spaces.
  

Rubbish

No person shall:

• Leave any rubbish, litter or contaminant within the limits of the Public Spaces other than in the rubbish bins provided by the Society.

• Dispose of any residential waste into the rubbish bins provided by the Society.

• Place any private rubbish bins or receptacles on any part of the Public Spaces.

• Break any bottles, glass or any other breakable articles on the Public Spaces.

• Burn any rubbish on the Public Spaces.

• Deposit, discharge or leave any offensive or dangerous substance or object on the Public Spaces.
  

Animals

No person shall:

• Bring or admit any dog or other animal into the Public Spaces, unless it is kept under continuous control and supervision at all times, where “control” will have the same meaning as in Auckland Council's dog bylaw or policy.

• Lead, walk or run a dog by means of a leash or chain attached to a moving vehicle, or held by any person in a moving motor vehicle.

• Except with the prior written permission of the Society, ride a horse or other animal on the Public Spaces.

• By any means whatsoever destroy, shoot, snare, injure, interfere with or take any animal, bird, bird nest, or bird egg, or attempt to do so, in or from the Public Spaces, without the prior permission of the Society.

• Drive, disturb or in any way interfere with any sheep, cattle, or other livestock on the Public Spaces.

• Leave gates open where there are livestock grazing on the Public Spaces.

• Disrupt, pester, chase or feed the livestock grazing on the Public Spaces.

• Fail to comply with all signage relating to the grazing of livestock or any other farming activities.

• Take animals from the Public Spaces without the prior written approval by the Society.

• Feed any wild animals on the Public Spaces unless specifically approved by the Society.

All pet droppings must be immediately picked up and disposed of.

The Society or any Society Representative may seize and confine any dog found at large within the Public Spaces any may deliver that dog into the custody of a dog control officer or dog ranger appointed by Auckland Council pursuant of the Dog Control Act 1996.

Any dog which attacks any person or attacks, worries, or runs at large among any sheep, cattle or other stock or poultry on the Public Spaces may be shot or otherwise destroyed by the Society or any person acting under the authority of the Society.

Vehicular Traffic

No person shall drive or bring on to any part of the Public Spaces any vehicle.

Assemblies

No person shall:

• Preach, lecture or hold any public meeting or assembly in the Public Spaces.

• Attend or take part in any organised meeting or assemblage of persons for sports or games or any other purpose within the Public Spaces without the prior written permission of the Society.

• Hold a wedding ceremony in the Public Spaces without the prior written permission of the Society.

In granting permission for the purpose of this clause the Society may direct what part of the Public Spaces is to be used for the activity and may impose any fees and rules as it thinks fit.

Signs, Notices and Structures

Except with the prior written permission of the Society, no person shall put up or erect any stall, booth, tent, marquee or other structure of any kind within the Public Spaces and then only subject to any rules the Society may impose.

No person shall:

• Post, erect or display any placard, bill, sign, poster or notice or distribute any hand-bill or notice within or at any entrance to the Public Spaces.

• Erect or display any memorial plaque or other fixture of any kind within or at any entrance to the Public Spaces.
  

Enclosures and Restricted Areas

No member of the public shall enter any of the enclosures or places set apart for the cultivation of plants on the Public Spaces, or walk, drive, ride or cause damage:

• On any portion of the Public Spaces on which any such activity is forbidden by any notice, either general or particular.

• On any flowerbed, shrubbery or border.
  

Music and Noise

No person shall:

• On the Public Spaces, operate or play any musical instrument, radio, tape recorder, loudspeaker, amplifier, public address system or any other sound system without the prior written permission of the Society.

• Cause in any way any sound or noise that disturbs, annoys, or is likely to disturb or annoy other users of the Public Spaces or occupants of properties adjoining the Public Spaces.
  

Other Restrictions

No person shall:

• Make bets or play any game of chance on the Public Spaces.

• Allow any child under the age of five years in his or her custody or care enter or remain on the Public Spaces unless accompanied by some person 14 years of age or older.

• Undertake any filming or recording of any sort for commercial purposes any activity in the park without the prior written permission of the Society.
  

Imminent Breach of Rules

The Society or any Society Representative who has reason to believe that any person has committed or is about to commit a breach of these Rules or for any other reason may require any person to immediately leave the Public Spaces.

General

The Society has the power to admit, refuse admission to, or expel any person from the Public Spaces, for the purposes of managing and controlling the use of the Public Spaces.

Notwithstanding anything else contained in these Rules, any person who enters the Public Spaces shall follow the directions of the Society and any Society Representative.

For the purposes of its proper control and government the Public Spaces is a public place under the Summary Offences Act 1981.

Nothing in these Rules shall limit the Society’s right to take any proceedings for damage to property, civil wrongs, offences, or otherwise.

Any reference to an Act of Parliament in these Rules includes any amendment, alteration or replacement of that Act.

These Rules were passed and adopted by written resolution of the Committee of the Karaka Village Residents’ Society Incorporated this 29th day of February 2024.