Displaying sale or auction signage must comply with the District Plan rules and the Consolidated General Bylaw 2020. In accordance with Part 5 of the Consolidated General Bylaw 2020 a person must first obtain written consent from Council’s Infrastructure team prior to any signage being displayed on or over Council land, unless it is displayed on a road reserve directly outside the property advertised for sale or auction. Our Infrastructure Team can be contacted via e-mail at infrastructureops@kaipara.govt.nz.
Consolidated General Bylaw 2020 Part 5 Clause 4.1 f) states:
'No person shall erect or display any sign, including attaching a sign in any way to a pole, fence, street furniture or other public utility structure, in a public place under the control of Council unless approved by an Authorised Officer or by or under any other provision in this Bylaw or by resource consent.'
District Plan rule 13.10.24 / 12.10.24 c) states:
'Any temporary sign not exceeding 3m2 in area advertising or providing information on central or local government elections, cultural, social or sporting events, sites for development, sale or auctions, provided that any such sign may be erected for a period of up to two months and shall be removed within seven days of the election, event, sale or auction taking place.'
Any person wishing to display temporary signage, such as real estate signage, for periods exceeding the two month period permitted in the District Plan rules will first need to obtain written consent from Council’s Infrastructure team at infrastructureops@kaipara.govt.nz to support an application for resource consent approval in order to continue displaying sale or auction signage. Thereafter the resource consent application must be lodged with the Planning team at rmaconsents@kaipara.govt.nz. Failure to comply with District Plan rules is an offence under the Resource Management Act 1991.
Council is aware that properties advertised for sale or auction may take longer than two months to sell, therefore in an effort to accommodate this reality and to encourage opportunities for business and employment growth, Council’s position with regards to real estate signage compliance under District Plan rules and the Consolidated General Bylaw 2020 are as follows:
a) For Real Estate signs displayed inside the boundary of the property advertised
1. If the size of sign displayed is less than 1.0m2 - we will treat it as a business sign under District Plan rule 13.10.24(1)(a).
- This means the sign can remain displayed until the property has sold.
2. If the size of the sign displayed exceeds 1.0m2 – we will treat it as a temporary sign under District Plan rule 13.10.24(1)(c).
- This means the sign may only be displayed for a period of two months.
- If the property is still on the market after that period, the larger sign must be reduced to a 1.0m2 sign to bring it in line with District Plan rule 13.10.24(1)(a).
- If the real estate agency wishes to retain the larger sized sign after the two month period they will have to obtain resource consent approval.
b) For Real Estate signs displayed on road reserve in front of the advertised property
Any real estate sign not exceeding 3m2 will be treated as a temporary sign under District Plan rule 13.10.24(1)(c).
- This means the sign may only be displayed for a period of two months.
- If the property is still on the market after that period, the sign must be displayed on the property for the remainder of the sale however, if in a residential zone the size of the sign exceeds 1.0m2 the real estate agency will have to obtain resource consent approval.
c) For remotely displayed Real Estate signs i.e. NOT displayed on road reserve in front of the advertised property
Any real estate sign not exceeding 3m2 will be treated as a temporary sign under District Plan rule 13.10.24(1)(c) provided that the real estate agency has been granted authorisation to display the sign in accordance with Consolidated General Bylaw 2020 Part 5 Clause 4.1.
- This means the sign may only be displayed under authorisation from Council’s Infrastructure team for a period of two months.
- If, upon request, an extension of time is granted by the Infrastructure team, the sign must be removed when the new deadline expires.
- If the property is still on the market after that period and the real estate agency wants to retain the sign, they will be required to obtain resource consent approval in order for the sign to remain displayed beyond this deadline.
d) For Real Estate signs displayed along State Highways
No signage may be displayed adjacent to a State Highway (whether on public or private land) without written consent from Waka Kotahi NZ Transport Agency.
