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Kaipātiki
Local Board
10 June 2015
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Kaipatiki Local
Dog Access Review - Shoal Bay
File No.: CP2015/10972
Purpose
1. To decide whether to propose changes to local dog access rules on
Shoal Bay.
Executive
Summary
2. Auckland
Council bio-diversity staff recommends that the current dog access rule on
Shoal Bay be changed from under control on-leash to prohibited to better
protect wildlife.
3. The decision
required of the board is to decide whether or not to propose any changes to dog
access in Shoal Bay, and where necessary to adopt a Statement of Proposal for
public consultation and to appoint a hearing panel.
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Recommendation/s
That the Kaipātiki Local
Board:
a) confirm
its intention to amend the Auckland Council Policy on Dogs 2012 pursuant to
section 10(8) of the Dog Control Act 1996.
b) adopt a
proposal to prohibit dogs on Shoal Bay.
c) adopt the
statement of proposal titled ‘Statement of Proposal Amendments to Auckland
Council Policy on Dogs 2012 – Shoal Bay May 2015’ in Attachment A for
public consultation using the special consultative procedure.
d) confirm that
the proposed amendments contained in the Statement of Proposal:
· are consistent with the policy,
principles and criteria for making dog access rules contained in the Auckland
Council Policy on Dogs 2012
· are not inconsistent with any
decision in relation to region-wide dog access rules contained in the
Auckland Council Policy on Dogs 2012
· are in accordance with relevant
legislative requirements in particular the Local Government Act 2002 and Dog
Control Act 1996.
e) authorise
the Manager Social Policy and Bylaws to make any minor edits or amendments to
the Statement of Proposal to correct any identified errors or typographical
edits.
f) authorise
the Manager Social Policy and Bylaws, in consultation with the local board
chair, to make any amendments to the Statement of Proposal to reflect
decisions made by the local board.
g) appoint and delegates to a panel comprising of [insert names] (as Chair), [insert names] to receive,
hear and deliberate on submissions and other relevant information and make
decisions on changes to the Auckland Council Policy on Dogs.
h) delegate to
the Chairperson the ability to make changes to the panel appointed under g)
where this becomes necessary because of the withdrawal or unavailability of
any of those persons.
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Comments
4. Local boards
have the delegated responsibility to review dog access rules for local park,
beach and foreshore areas.
5. The governing
body has established a standard annual process to assist local boards with the
review of local dog access rules as follows:
· the local board will need to adopt a
Statement of Proposal by May of proposed changes to local dog access rules (the
topic of this report). It is noted here that where no changes are proposed, the
review process for that location ends at this point.
· the proposal (together with proposals
from other local boards) will be publicly notified for submissions as part of
the dog registration process in June.
· the local board will hold hearings,
deliberations and make decisions on submissions by August.
· the governing body will review a
report to update the bylaw on dogs in September
· changes to dog access rules commence
in October.
6. Shoal
Bay is located within both the Kaipatiki and Devonport-Takapuna local board
areas.
7. The Kaipatiki
Local Board completed a review of local dog access rules on selected park,
beach and foreshore areas in 2014, with the intention of reviewing dog access
on Shoal Bay in 2015 at the same time as the Devonport-Takapuna local
board.
8. The
Devonport-Takapuna local board resolved at its business meeting on 19 May 2015
(resolution number DT/2015/77) to propose to prohibit
dogs on Shoal Bay to better protect vulnerable foreshore
wading birds.
9. Auckland
Council bio-diversity staff recommends that the current dog access rule on Shoal
Bay be changed from under control on-leash to prohibited to better protect
wildlife.
10. The decision
required of the board is to decide whether or not to propose any changes to dog
access in Shoal Bay, and where necessary to adopt a Statement of Proposal for
public consultation and to appoint a hearing panel.
Decision-making
requirements
11. In making a
decision on the statement of proposal, the local board must be satisfied that
any proposed changes comply with a range of statutory, policy and delegated
authority requirements.
12. The most
important statutory requirement is to ensure decisions on dog access provide
for public safety and comfort, protected wildlife, and the needs of dogs and
their owners.
13. The most
important practical requirement is to make dog access rules easy to understand
‘on the ground’.
Comments
14. Dog access
rules are an effective way to provide for public safety and comfort, protection
of animals, property and habitat, and the needs of dogs and their owners.
15. How this is to
be achieved is guided by the Auckland Council Policy on Dogs 2012. The policy
seeks to manage requests for changes to dog access rules by ensuring all (and
often polarised) views are considered in a way to achieve a fair and reasonable
decision.
16. The following
is an analysis to assist the local board in determining whether or not to
propose any changes.
Shoal Bay
17. Currently
within Shoal Bay, dogs are required to be under control on-leash for the
protection of wildlife.
Community and staff views
18. Feedback
from environmental and area care groups and Auckland Council biodiversity and parks staff is that:
· the
presence of dogs is a danger to, and causes distress and nuisance to vulnerable
nesting and feeding shorebird species (i.e. NZ dotterel, variable oystercatcher
and Caspian tern)
· within
Shoal Bay, dogs should be prohibited for the protection of shorebirds
· signage
is important to communicate why the rules are in place to support the
understanding of the community.
Options for protection of wildlife
on Shoal Bay
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Option
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Advantages and Disadvantages
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Option 1 (preferred option)
prohibit dogs on Shoal Bay.
Effect of change
Would replace the current under control on-leash rule
within Shoal Bay with a prohibited rule.
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Advantages
· better
protects vulnerable foreshore wading birds
Disadvantages
· may
not provide dog access to the level preferred by dog owners (off-leash).
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Option 2 allow dogs
under control on-leash in Shoal Bay.
Effect of change
No change to dog access
rule. Dogs would continue to be allowed under control on-leash.
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Advantages
· maintains
some protection for wildlife while providing for under control on-leash dog
access.
Disadvantages
· does
not provide for the protection of vulnerable foreshore wading birds on the
shell banks within Shoal Bay.
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Staff
recommendation
19. Staff
recommend to prohibit dogs on Shoal Bay (Option 1).
20. The
reason for this preference is that this option better protects vulnerable
foreshore wading birds feeding, nesting and high tide roosting areas.
Next steps
21. A combined
statement of proposal for Shoal Bay by both Kaipatiki and Devonport-Takapuna
local boards (together with proposals from other local boards) will be publicly
notified for submissions as part of the dog registration process in June 2015.
22. While the
panel for Kaipatiki and Devonport-Takapuna local board will be independent of
each other, hearings and deliberations will be arranged to occur
simultaneously. This will ensure that oral submitters need only appear once,
and that deliberations are shared.
Consideration
Local
Board views and implications
23. As
discussed in the “background”, Shoal Bay is located within both the Kaipatiki
and Devonport-Takapuna local board areas, and the
Devonport-Takapuna local board have resolved (resolution number
DT/2015/77) to propose to prohibit dogs on Shoal Bay.
24. The
implications for the Kaipatiki Local Board relate whether a consistent dog
access rule on Shoal Bay is a desired outcome.
25. As discussed
in the “next steps”, if the Kaipatiki Local Board decide to propose a change to
prohibit dog access on Shoal Bay, hearings and deliberations will be arranged
to occur simultaneously to provide an opportunity for a consistent outcome.
Māori
impact statement
26. Managing dog
access in areas of significance to Maori can help achieve outcomes of the
Māori Plan for Tāmaki Makaurau. In this instance, no impacts have
been identified.
27. Feedback from
Mana Whenua representatives at a Hui held in March 2015 related to the ability
of iwi to determine dog access on Marae, a focus on control, responsible dog
ownership, and ensuring the protection of sensitive ecological areas.
Implementation
28. There are no
implementation issues associated with this decision to adopt a statement of
proposal.
Attachments
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No.
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Title
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Page
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aView
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Statement of Proposal
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9
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Signatories
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Authors
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Paul Wilson - Team Leader Bylaws
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Authorisers
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Eric Perry - Relationship Manager
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