Council to pay $5000 in parking case

Geeks on Wheels CEO Matthew Carr-Gomm. Supplied photo.

The District Court at Tauranga has ruled a section of Tauranga City Council's Traffic and Parking Bylaw to be unenforceable.

In a case brought before Judge Paul Mabey QC, the council's parking bylaw prohibiting local businesses from parking sign-written vehicles was deemed ‘unreasonable' and ‘too broad'.

Local technology service provider Geeks on Wheels took on the council after receiving nine successive parking infringement notices in early 2016.

The tickets were issued in Tauranga suburbs for the sole reason of parking vehicles displaying sign-writing, which the council has attempted to outlaw through a bylaw prohibiting parking for the purpose of advertising.

Geeks on Wheels CEO Matthew Carr-Gomm says they thought the parking bylaw was ‘silly, as it served no useful purpose'.

'What exactly were we meant to do when our vehicles were attending a job, or weren't required? The council themselves were also in breach of their own ridiculous rules by sign-writing their fleet of 93 vehicles.”

Judge Mabey agreed in his judgement that the purpose of the bylaw was not that which parliament had authorised. He awarded Geeks on Wheels $5000 in costs.

Since the Traffic and Parking Bylaw was introduced in 2012, at least 348 parking tickets have been issued for sign-writing breaches, which could now potentially be challenged in court.

An information request to Tauranga City Council also reveals they spent $24,931 of ratepayers' money on legal fees to pursue $360 of parking fines from Geeks on Wheels.

'Despite trying to appeal directly to the mayor for common sense, the council remained intransigent, wasting a huge amount of time and money chasing these fines,” says Matthew.

'Surely there are more pressing issues the council should be directing resources to?”

He believes council should be doing more to help local businesses, not hinder them.

'Businesses like ours provide many benefits to the Tauranga region, including providing jobs for young people.”

SunLive approached Tauranga City Council for comment, but TCC customer services manager Margaret Batchelar says they cannot comment on the matter during a potential appeal period.

'We will provide comment in due course.”

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32 comments

TCC

Posted on 22-03-2017 18:27 | By overit

-doesn't sound like something our great Council would do! This totally beggars belief.


The Cancer of Incopempetence has spread!

Posted on 22-03-2017 19:10 | By TheCameltoeKid

Well, it appears that the cancer of incompetent bureaucrats is not just confined to the Western Bay District Council. OK, I guess that's a bit of poetic licence BUT!!! What's happening? Are our WBOPDC incompetents actually being hired by the Tauranga District Council? It appears like that to me. I don't think that there has been a stupid decision made by WBOPDC since the Omokoroa debacle. Hang on, did that come before or after the Te Puke main street, not sure. I can't wait to see who these BUREAUCRATs are who obviously went hell bent on a vendetta against these people yet couldn't see that there own do exactly that! What about company reps that meet at , say Omokoroa/SH2 carpark and carpool to a site? It does happen and it happens in town. These people are simply just dickheads and need to be kicked to the kerb!


At

Posted on 22-03-2017 19:27 | By Capt_Kaveman

Election time ive seen councilors cars parking to be seen and one in particular is still a sitting councilor so go figure


You know what?...

Posted on 22-03-2017 19:32 | By groutby

....I would have expected with the ever increasing wages bill from TCC which we ratepayers are forced to shell out for, there would be at least one useful brain cell amongst them!...


parking wardens

Posted on 22-03-2017 20:00 | By dennis

I agree, I received a parking ticket for parking 3 meters of a 7 meter bus outside a local hot pool while picking up children from the pool. After contesting it twice ended up paying $175 because the brain dead parson who issued the ticket said i was a danger to all the pools users?????


here we go again

Posted on 22-03-2017 20:41 | By old trucker

$25.000 chasing fines and now going to appeal,what about TCC cars and Contractors trucks and cars parked in front of homes around TGA,.with TCC logos, i could just imagine them trying to get it, the so called parking person(,not named,)probably targeted them, i say good on you to fight,all that money,TCC lawyer is rubbing hands togeather making money,(OURS) just goes to show that the so called Mayor (could) have stepped in and said silly. I hope that the other 348 take a joint stand against them,come on yous, also the TCC SUV advertising JET SPRINTS parked on road side,immmmm,what a waste of money fair go,my thoughts only, Thankyou Sunlive being the BEST for News in the Bay,10-4 out.


Bloody Minded

Posted on 22-03-2017 21:59 | By Taffy

Just what we expect from these TCC employee,s .Trying to go for the jugular against the little guy in the process spending almost $25K on legal fees with ratepayers money.Just look at the reply to Sunlive from the Customer Services Manager so arrogant! Everyone should write to the Mayor and copy every Councillor complaining about this spendingPs I,ll bet the elected members were not even aware of this situation as it,s been kept under wraps.


Council bullies!

Posted on 22-03-2017 23:16 | By jed

Incredulous! I guess noone will be accountable.


Seriously??

Posted on 23-03-2017 07:51 | By simple.really

The Council spends $24931, plus gets fined $5000....this is ratepayers money! Who is accountable for this incompetence and how do they intend repaying it?? Maybe the bosses there all contribute to repay it. There are plenty of them to chip in! Unbelievable.


Parking Fiasco

Posted on 23-03-2017 08:05 | By Denny G

Perhaps councillor Baldock could get involved in sorting this out for the ratepayers !!!


Another sign council is out of control!

Posted on 23-03-2017 08:10 | By nerak

$24,931, and that won't be all, that's just the horrific legal fees, you can guarantee several more $k was wasted (ratepayers $) by idiots in council running around fabricating facts. Come on ratepayers, time we got together and demanded a govt audit, then an 80% clean out of council staff, starting with the CEO. This article beggars belief.


Yet another fail for TCC!

Posted on 23-03-2017 08:35 | By babyG

So all in all, a fraction under $30 000 wasted, trying to impose another unworkable, stupid bylaw that should never have been passed. AS A RATEPAYER, I AM OVER IT! Time and time again the Tauranga City Council seems to work against its citizens, the general good and overall common sense. Just more rates, more top-heavy organisations and throw them a bone type offerings to sell and enforce their agendas. Much like government, they now also take pride in focusing and reporting on future targets and outcomes some 10, 20, 25 and even 30 years out when they cannot provide the basic daily needs of citizens and residents. TCC needs to take a good, long hard look at itself, its operations, string of organisations and the endless wastage of ratepayer funds! A BIG well done to Geeks On Wheels for standing up for their principals, common sense and general goo


Outrageous

Posted on 23-03-2017 08:47 | By Chris

The mayor himself should PERSONALLY reimburse the ratepayers $25k for this idiotic situation.


SHOCKING

Posted on 23-03-2017 08:47 | By Colleen Spiro

What concerns me greatly, is that it was numerous times and he was in the suburbs....sounds odd. How did they know where he was all the time...?


Parking wardens pt 2

Posted on 23-03-2017 09:04 | By Ghost

Dear Dennis, you parked in a bus stop... case closed!! & who was the brain dead person that parked there??


CEO should be held to account

Posted on 23-03-2017 09:05 | By tabatha

The CEO pays these workers and as far as I can see he helps to waste a lot of our ratepayer money. Elected Members need to start holding him to account. When things like this happen he should not be given any extra when pay reviews happen. Since present CEO has arrived on the scene the spend of ratepayer money on non essential work seems to have increased. Some of this money could or should of been spent on keeping Tauranga environs up to scratch, like lawns, gardens edges etc. Also what about the long work period at Chapel Street to widen and install footpath. A real time drag and I bet we are paying for time.


It's the old story

Posted on 23-03-2017 09:36 | By Papamoaner

If you park illegally, expect a ticket. A bit like speed cameras - don't speed means no ticket.


email elected members

Posted on 23-03-2017 09:40 | By nerak

Here is the email address which will reach all councillors plus mayor:electedmembers@tauranga.govt.nz All ratepayers need to make these people aware of the sheer dissatisfaction with the performance of council.


@ Jed

Posted on 23-03-2017 10:54 | By Roadkill

Bo, but there will be bonuses and promotions for sure.


@ Papamoaner

Posted on 23-03-2017 10:56 | By Roadkill

Perhaps you need to think a little more deeply about this, "ANY" sign written vehicle on the road side is potentially caught by the silly bylaw. Yet other laws like require business vehicles to be sign written. Both are contrary and depend on who is trying to collect revenue from the public at large on a gven day.i


And the TCC train rolls on and on

Posted on 23-03-2017 11:47 | By Angela (Mt Maunganui)

What a way to encourage business growth in Tauranga. Perhaps the self-praising Smart Growth and Priority 1 could trumpet articles on the pros and cons of vehicle signage in the future prosperity of Tauranga. Come to think of it, lets establish another new, council funded organisation called Business-On-The-Move to deal with rubbish like this. I though we were supposed to be working together towards a united Tauranga City with a sense of unity? I would like to know which legal firm even takes on this nonsense for TCC? Who in TCC is responsible for initiating the legal action instruction? Names. Give us names. What say you Mr Mayor?


@ Angela

Posted on 23-03-2017 13:21 | By The Sage

Love your thinking Angela. It's a wonder Priority One hasn't jumped on the band wagon. That's just what we need, another Council funded organisation. Transfer those 2 new Lab Rats from Creative BOP , with all their skills and fancy titles. It will really take off for sure.


Stupidtiy to a new level

Posted on 23-03-2017 13:37 | By Kaimai

I've got FORD written on my vehicle - does that count as a sign?


Agree with by Angela (Mt Maunganui,,

Posted on 23-03-2017 14:58 | By old trucker

They should be able to name names on this, it is us who is paying for this, Mr Mayor (STEP UP) you are very QUIET,all you were going to do(YEAH RIGHT) maybe all the TCC gang on over$100.000 should pay it back or who ever caused this NONSENSE,surely they can name them,and By groutby is right to all have NO Brain Cell among them,most working there are only young and running this place, and have NO idea whats going on, when you Ring TCC you cannot talk to anyone and cannot GET PAST the SWITCH, my thoughts only,Sunlive this has opened up a SORE point, maybe your reporter could make enq,.about this for your readers,being No1, IS IMPORTANT,Thankyou 10-4 out.


Storm in a tea cup

Posted on 23-03-2017 16:28 | By Papamoaner

Call me a crabby old fart if you like, but I'm more inclined to get excited about those faux painted dolly birds who double park outside schools so they can be seen picking up the kids in the latest 4WD.I say slap tickets on them all. The Aussies joke that we have more sheep than people, but it's cars now. People are losing their basic skills en-masse, including social skills, evident by comments on here, because they can no longer do anything without a car or a querty board.Now we have the "I'll park where I bloody well like and to hell with other road users" brigade.Good job TCC. Carry on ticketing. The alternative is a chaotic dog eat dog scenario that will spread and grow if you let it. And you're saving ratepayers money to boot.


Other towns

Posted on 23-03-2017 16:46 | By Papamoaner

Many towns in NZ are now plagued with rows and rows of "sign-written" cars "for sale" which are a curse, especially on residential main roads. We need these bylaws to smooth things down a bit, and you can't apply them to some at the exclusion of others. My advice is obey the law whether or not you agree with it.


@ Papamoaner

Posted on 23-03-2017 17:44 | By AndyCap

So crabby old fart, getting back onto the main point of this article do you think the judge was wrong and do you support the Tauranga Council on this specific action? Oh, and by the way, it is near impossible to correctly park outside any Tauranga school at pick up time for a total lack of parking and pick up facilities. Same goes for many places downtown at the Mount and around the CBD. You can blame all this on no forward thinking by guess who? Lastly, please forgive us if we need our cars. With the modern rat race of distance travelling and long working hours, us hard working parents and busy kids are trying to do our very best to live our lives, contribute to the economy, pay tax and keep others benefits ticking over. Glad you noticed my wifes nice 4WD. Andrew Horton


@Andy Cap

Posted on 24-03-2017 08:51 | By Papamoaner

Yes I did notice Dolly's flash 4WD that never goes off road. I think the court decision might have been different for legal parking. Need cars? News for you Andrew - there's now a tangible limit to how long that will last, for a range of reasons, and methinks you won't have to wait much longer. Years rather than decades. It will happen suddenly. When I was a kid, we walked to school, or sometimes on horseback, 3 to a horse. What wonderful days they were. people actually spoke to each other instead of whizzing past each other. I see your dolly has a parking problem at school. Tell her to park up the road and walk back a bit, if she can make it that far.


Dear Papamoana - I like you: from Mrs AndyCap

Posted on 24-03-2017 11:38 | By AndyCap

So glad you like my SUV. I do find it more comfortable and more convenient to use than a horse. It also seats 7 with gear, rather than just 3, has a constant temperament, lights that allow for safe night time operation, and is a slightly better all weather alternative too which I like because it keeps my hair looking great. Living in a rural location, the kids walking and cycling option is a little too far and dangerous. As for my parking, I could park far away at each and every school drop off and collection, but seeing as my SUV has signage I worry that council will target me on similar grounds as Geeks on Wheels. Seriously, Tauranga City Council must be held accountable and responsible for this reckless expenditure, as their function is to put our rates and taxes to proper, effective use. Haveagreatweekend, Patricia Horton


@Darby and joan

Posted on 24-03-2017 17:54 | By Papamoaner

Some might think we are off topic now, but these arguments are all inter connected. It might be fair to say however, that the TCC have been sufficiently sponned.Spike Milligan


Tatoo or a t-shirt?

Posted on 24-03-2017 19:08 | By Roadkill

So if you are wandering along the footpath and step by accident in a car park space, is that also "illegal signage?" If you wear a t-shirt will it be confiscated as evidence and a fine issued? If it was a woman wearing a label skirt will the same rules apply? This whole thing is so silly to the point of utter madness.


Baypark signage

Posted on 25-03-2017 15:38 | By Roadkill

None of the signs out there were approved originally, afterwards that was all rubberstamped approved. I remember even some signage was for guns and the like, what sort of message is TCC giving to our youth. In my view geeks are harmless compared to guns. Some get fines and some don't?


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