I hereby give notice that an ordinary meeting of the Great Barrier Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 11 May 2016 10.00am Claris
Conference Centre |
Great Barrier Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Izzy Fordham |
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Deputy Chairperson |
Susan Daly |
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Members |
Jeff Cleave |
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Judy Gilbert |
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Christina Spence |
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(Quorum 3 members)
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Jacqueline Fyers Democracy/Engagement Advisor
3 May 2016
Contact Telephone: (09) 301 0101 Email: jacqueline.fyers@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Great Barrier Local Board 11 May 2016 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Great Barrier Local Board Capital and Local Grants: Round Two 2015/2016 7
13 Great Barrier Local Board Community Grants Programme 2016/2017 79
14 Great Barrier Local Board dog access review - Statement of proposal 83
15 Quarterly Performance Report for the three months ending 31 March 2016 179
16 Auckland Transport Quarterly Update to Local Boards 203
17 Panuku Development Auckland Local Board Six-Monthly Update 1 July to 31 December 2015 223
18 Contributions Policy Variation A 247
19 Chairperson's report 265
20 Board Members' Reports 267
21 Governance Forward Work Calendar 281
22 Consideration of Extraordinary Items
1 Welcome
Chairperson IM Fordham will welcome everyone in attendance. Member JC Cleave will lead a karakia.
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
4 Confirmation of Minutes
That the Great Barrier Local Board: a) confirm the ordinary minutes of its meeting, held on Wednesday, 13 April 2016, as a true and correct record.
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5 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of the agenda no requests to present petitions had been received.
8 Deputations
Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Great Barrier Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.
At the close of the agenda no requests for deputations had been received.
9 Public Forum
A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Great Barrier Local Board 11 May 2016 |
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Great Barrier Local Board Capital and Local Grants: Round Two 2015/2016
File No.: CP2016/06680
Purpose
1. To seek the Great Barrier Local Board’s decisions on whether to fund, part-fund or decline applications received for Round 2 of its Capital and Local Grants funds 2015/2016.
Executive Summary
2. The board has a total local grants budget of $109,000 and a capital grants budget of $252,000 for the 2015/2016 financial year.
3. It has allocated grants at scheduled, special and non-contestable funding rounds during 2015/16, and now has $26,580 remaining in its local grants budget and $132,000 in its capital grants budget to allocate in this round.
4. Twenty applications have been received in this funding round with a total request of $279,265.50. Local grant applications total $48,696.50 and capital grant applications total $230,569.00. The application summaries are provided as attachment A.
5. The board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme (attachment B).
Table 2: Great Barrier Local Board Round Two Capital Grant Applications
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Comments
6. The new Community Grants Policy commenced on 1 July 2015. The policy stated that each local board should adopt a grants programme for 2015/2016. The Great Barrier Local Board adopted its grants programme on 30 March 2015.
7. The local board grants programme sets out:
· local board priorities
· lower priorities for funding
· exclusions
· grant types, the number of grant rounds and when these will open and close
· any additional accountability requirements.
8. The capital grants fund was established in July 2014 by the board to support capital projects for community facilities on the island. The application process has been incorporated into the Great Barrier grants programme.
9. The board agreed to operate two capital and local grant rounds for the 2015/2016 financial year plus an additional event grant round.
10. The set total budget for the 2015/2016 financial year is a local grants budget of $109,000 and a capital grants budget of $252,000.
11. The following amounts have been allocated from the budget lines so far:
· Round zero - addition events round (local budget): $14,600
· Non-contestable ‘Off the Grid’ event (local budget): $18,150
· Round 1 - Capital and Local Grants 2015/2016 (local budget): $49,657
· Round 1 - Capital and Local Grants 2015/2016 (capital budget): $120,000
12. This leaves the below totals to be allocated in this second and final round of capital and local grants for the 2015/2016 financial year:
· Community budget: $26,580
· Capital budget: $132,000
13. Twenty applications with a total request of $279,265.50 were received in this round. Five applications were identified by the applicants to be capital applications; however a further six have been identified by staff as applications that fit within the capital focus and have been transferred. The application totals by budget line are as follows:
· Local grants budget: $48,696.50
· Capital grants budget: $230,569
Consideration
Local Board views and implications
14. The allocation of grants to community groups is within the adopted Long Term Plan 2015-2025 and local board agreements.
15. Local boards are responsible for the decision-making and allocation of local board community grants. The Great Barrier Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.
16. The board is requested to note that section 50 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”
Māori impact statement
17. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes and activities that benefit a wider range of individuals and groups, including Maori. As a guide for decision-making, in the allocation of community grants, the new community grants policy supports the principle of delivering positive outcomes for Maori.
Implementation
18. Once the Great Barrier Local Board decides on funding for Round two capital and local grants, Commercial and Finance staff will notify the applicants.
19. Capital grant funding is a grant to third party organisations and so the board will not need to provide any consequential opex costs.
No. |
Title |
Page |
aView |
Great Barrier Local and Capital Grant 2015/2016 round 2 application summaries |
13 |
bView |
Great Barrier Local Board Grants Programme 2015/2016 |
77 |
Signatories
Authors |
Jacqueline Fyers - Democracy/Engagement Advisor Danielle Hibson – Community Grants Advisor |
Authorisers |
John Nash - Senior Local Board Advisor |
11 May 2016 |
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Great Barrier Local Board Community Grants Programme 2016/2017
File No.: CP2016/08498
Purpose
1. The purpose of the report is to present the Great Barrier Local Board Community Grants Programme 2016/2017 for adoption.
Executive Summary
2. The new Auckland Council Community Grants Policy was implemented on 1 July 2015. The policy guides the allocation of local, multi-board and regional grant programmes to groups and organisations delivering projects, activities and services that benefit Aucklanders.
3. The Community Grants Policy supports each local board to review and adopt their own local grants programme for the next financial year.
4. This report presents the Great Barrier Local Board Community Grants Programme 2016/2017 for adoption (see attachment A).
That the Great Barrier Local Board: a) adopt the Great Barrier Local Board Community Grants Programme 2016/2017.
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Comments
5. The new Auckland Council Community Grants Policy was implemented on 1 July 2015. The policy guides the allocation of local, multi-board and regional grant programmes to groups and organisations delivering projects, activities and services that benefit Aucklanders.
6. The Great Barrier Local Board adopted their specific grants programme in 2015. The Community Grants Policy supports each local board to review and adopt their own local grants programme for the next financial year. This local board grants programme will guide community groups and individuals when making applications to the local board.
7. The local board community grants programme includes:
· outcomes as identified in the local board plan
· specific local board grant priorities
· which grant types will operate, the number of grant rounds and opening and closing dates
· any additional criteria or exclusions that will apply
· other factors the local board consider to be significant to their decision-making.
8. Once the local board community grants programme for the 2016/2017 financial year, has been adopted, the types of grants, grant rounds, criteria and eligibility with be advertised through an integrated communication and marketing approach which includes utilising the local board channels.
Consideration
Local Board views and implications
9. The Community Grants Programme has been developed by the local board to set the direction of their grants programme. This programme is reviewed on an annual basis.
Māori impact statement
10. All grant programmes should respond to Auckland Council’s commitment to improving Maori wellbeing by providing grants to organisations delivering positive outcomes for Maori. Applicants are asked how their project may increase Maori outcomes in the application form.
Implementation
11. An implementation plan is underway and the local board grants programme will be locally advertised through the local board and council channels. Targeted advertising and promotion will be developed for target populations, including migrant and refugee groups, disability groups, Maori and iwi organisations.
No. |
Title |
Page |
aView |
Great Barrier Local Board Grant Programme 2016/2017 |
81 |
Signatories
Author |
Marion Davies - Community Grants Operations Manager |
Authoriser |
Jennifer Rose - Operations Support Manager John Nash - Senior Local Board Advisor |
Great Barrier Local Board 11 May 2016 |
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Local Grants Programme 2016/17
Our Local Grants Programme aims to provide contestable and discretionary community grants to local communities.
Outcomes sought from the local grants programme
Our grants programme will be targeted towards supporting the
following outcomes, as outlined in our
local board plan:
• The environment is at its best here
• Infrastructure that fits with our environment
• We have more residents and visitors but we won’t lose our way of life
Our priorities for grants
The Great Barrier Local Board welcomes grant applications that align with the following local board plan priorities:
• Priority one - continuing to support island based community groups that provide facilities and services our community values which aren’t provided by other agencies or organisations and individuals and groups with no formal legal structure on a case by case basis
• Priority two - continuing to provide capital grants to community groups operating facilities which meet a need in our community and which are open to and regularly used by the community
• Priority three - prioritising grants to community groups for purposes aligned to the outcomes and priorities in the Aotea Great Barrier Local Board Plan
• Priority four - particularly supporting applications which provide evidence of a groups future vision and forward planning, including how it might work with other community groups providing similar services to best utilise scarce local resources
• Priority five - continuing to support projects on private land where the fund allows this and which demonstrate a public good or benefit, particularly in the environment and heritage areas and where there is a financial contribution to the project from the landowner
Lower Priorities:
We will also consider applications for other services, projects, events and activities which may be considered a lower priority on a case by case basis.
The Great Barrier Local Board has identified the following activities as lower priorities:
• activities which are inconsistent with the direction signalled in the Aotea Great Barrier Local Board Plan.
• applications from groups not based on Great Barrier unless the proposal has a significant and/or direct benefit to the island community
The Great Barrier Local Board will take into account if a group has a considerable (relative to the amount applied for) cash surplus, but has identified a specific use for this fund, which means it can’t be used as a contribution to the project.
In addition to the eligibility criteria outlined the Community Grants Policy, the Great Barrier Local Board will not fund:
• Exclusion one: Retrospective costs. It is important groups plan for funding needs wherever possible
Note: The Great Barrier Local Board may on a case by case basis, support community organisations providing primary health care or core educational services, where these services are delivered on island by community organisations.
Investment approach
The Great Barrier Local Board has allocated budgets to support the local grants programme as follows:
• Local Grants
Application dates
Grant rounds for 2016/17 will be as follows:
Local Grants (Community, Capital, Events, Environment and Infrastructure Fund, Natural Heritage Fund, Accommodation Support Fund)
2015/16 funding rounds |
Opens |
Closes |
Decision made |
Projects to occur after |
Round one |
1 July 2016 |
29 July 2016 |
14 September 2016 |
1 October 2016
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Round two Excluding Capital |
27 March 2017 |
28 April 2017 |
June 2017 |
1 July 2017 |
Accountability measures
The Great Barrier Local Board requires that all successful applicants provide:
• Accountability measure one - the applicant will report back to the local board in a meeting (once accountability form completed)
• A board representative will be allocated to liaise with the applicant and ensure the project has been completed, as per their application
Assessment and prioritisation
The Great Barrier Local Board expects all groups applying for funding to include in the application a copy of the most recent AGM financial statements and a resolution(s) supporting the application unless a good reason for not supplying these is provided.
The board also expects the group’s office holder(s) to attend the business meeting where the application is being considered to speak in public forum or to answer questions unless a good reason for not attending is provided.
11 May 2016 |
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Great Barrier Local Board dog access review - Statement of proposal
File No.: CP2016/07470
Purpose
1. To adopt the statement of proposal containing proposed changes to local dog access rules for the Great Barrier local board area and appoint a hearings panel to receive, hear and deliberate on the submission on the statement of proposal.
Executive Summary
2. Dog access rules help ensure positive interactions between dogs and people in public places and the protection of wildlife. For non-dog owners this typically relates to dogs not causing a nuisance, and for dog owners being able to enjoy an outing with their dogs.
3. Dog access rules need to be easy to understand to the public. In deciding local dog access rules, local boards may want to consider decisions made to date by other local boards. Simple dog access rules across the region aids in increasing public understanding and enforcement.
4. The board resolved at its 13 November 2015 business meeting to undertake a review of local dog access rules in 2016. As part of the review process, the local board must adopt a statement of proposal for public consultation, and consider submissions to the proposal before making a final decision.
5. Staff recommend adopting options that would provide a balance between public safety and comfort and the needs of dog owners that:
· retains existing levels of dog access within existing off a leash area and aligns the local access rules on beaches with the Department of Conservation access rules where there is inconsistency between the two sets of rules
· removes the sand water distinction for under control on a leash beach and foreshore area
· removes the existing ambiguous rules
6. Staff will update the statement of proposal where required to reflect the decisions made by the local board.
7. Staff recommend that the local board appoints a panel of the whole to receive, hear and deliberate on submissions and other relevant information, and decide on changes to the local dog access rules.
8. Public consultation is proposed to start in June 2016 to coincide with dog registration. It will run for approximately six weeks. Local Board hearings and deliberations are planned for August, to be completed in time for its decision to be reported to the governing body in September 2016.
That the Great Barrier Local Board: a) Confirm
its intention to propose an amendment as contained in a statement of proposal
to the Auckland Council Policy on Dogs 2012 pursuant to section 10(8) of the
Dog Control Act 1996. b) Adopt the statement of proposal in Attachment A and confirm: [Editorial note – No high use areas have been identified in the statement of proposal. Delete resolution a ii) if not required ] i) the areas within Table 6 of the statement of proposal (Attachment A) as highly sensitive areas where dogs are prohibited ii) the areas within Table 7 of the statement of proposal (Attachment A) as high use areas subject to the following time and season rules:
iii) the areas within Table 8 of the statement of proposal (Attachment A) as dog friendly areas where dogs are allowed under control off a leash iv) the areas within Table 9 of the statement of proposal (Attachment A) as standard areas where dogs are allowed under control on a leash v) remove the specific rules for dog exercise areas; picnic and fitness areas c) Confirm that the proposed local dog access rules contained in the statement of proposal (Attachment A): i) are consistent with the policy, principles, criteria and rules contained in the Auckland Council Policy on Dogs 2012 ii) are in accordance with relevant legislative requirements in particular the Local Government Act 2002 and Dog Control Act 1996. d) 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. 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) Appoints a panel of the whole to receive, hear and deliberate on submissions and other relevant information and decide on changes to the local dog access rules. |
Background
9. Within the Great Barrier Local Board area approximately 28 per cent of households have one or more dogs on their properties[1].
10. Local boards have the delegated responsibility to review dog access rules for local park, beach and foreshore areas. The following local access rules apply:
· a default under control on a leash dog access rule which applies to all parks, beach and foreshore areas unless otherwise specified
· dog are allowed under control off a leash when in the water except in significant ecological areas or where dogs are prohibited
· general rules around significant ecological areas, picnic and fitness apparatus areas
· six dog exercise areas.
11. Within Great Barrier there are 27 areas identified by the Department of Conservation as being subject to controls on dog for the protection of wildlife. The Department of Conservation access rules apply to Department of Conservation land and selected foreshore areas. Where Department of Conservation access rules apply to the foreshore these rules override council access rules. A full list of the existing access rule and Department of Conservation areas is set out in attachment 1 and 7.
12. In deciding local dog access rules, local boards may want to consider decisions made to date by other local boards. Simple dog access rules across the region aids in increasing public understanding and enforcement.
13. The governing body has established a standard annual process to assist local boards with the review of local dog access rules as follows:
14. The board resolved at its 13 November 2015 business meeting (GBI/2015/162) to undertake a review of local dog access rules.
15. To assist with developing this proposal, the attached Statement of Proposal summarises information gathered from:
· council staff involved in parks, animal management and biodiversity (see Attachment 5 of the statement of proposal)
· ‘Have your say’ public meetings
· Māori through hui in March 2015
· residents and visitors through an on-line survey in March 2016
There were 43 respondents to this survey (61 per cent non-dog owners and 39 per cent dog owners).
A summary of the results of the survey is contained in Attachment 4 of the attached statement of proposal. The summary covers matters related to dog owner and non-dog owners preferences for dog access, people’s comfort around dogs, and the use of local beach and foreshore areas.
Decision-making requirements
16. The decisions required of the board are
· whether or not to propose any changes,
· to adopt a Statement of Proposal for public consultation (if changes are proposed) and
· to appoint a hearing panel.
17. The local board can also decide to rescind its decision from November 2015 (GBI/2015/162), and postpone the review to a later date.
18. 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. The relevant statutory and policy considerations are set out in Attachment 2 of the statement of proposal. They include:
Table 1 Considerations for dog access rules
Considerations |
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Public safety and comfort |
· the need to minimise danger, distress, and nuisance to the community · the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children (regardless if children are accompanied by an adult) · the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public places without fear of attack or intimidation by dogs. |
Protection of wildlife |
· to ensure that dogs are controlled near protected wildlife · to reduce dog owners’ risk of incurring penalty under the Dog Control Act 1996 and the Wildlife Act 1953 |
Recreational needs of dogs and their owners |
· access to dog walking areas are important for exercise for both the dog and the owner · consider places that are easily accessible and desirable for both the dog and the owner |
Ensure that dog access rules are easy to understand |
· consider rules that are practical, enforceable and clear · where appropriate, consider consistency across Auckland |
Comments
Types of areas
19. To enable dog access rules to be easier to understand within the local board area and across Auckland, the following categories are used:
Table 2: Area types
Types |
Description |
Appropriate dog access rule |
Highly sensitive area |
A place where the mere presence of a dog can have a negative effect on the area. Examples are ecologically sensitive areas. |
Prohibited |
High use area |
A place that attracts a lot of people at certain times of the day or year to which a time and season is necessary to manage the interactions between dogs and other users. These areas are typical beaches and associated parks. |
Time and season |
Dog friendly area |
A place that is large and suitable for dogs to run and play off a leash. |
Under control off a leash |
Standard area |
A place that does not fall into any of the other three categories. |
Under control on a leash |
20. A full description if the area types are provided in the statement of proposal.
Time and Season
21. It is noted that the staff do not recommend that any locations be identified as a high use area. However, a time and season rule is presented here to enable the local board to consider the use of the high use category, for instance in response to submissions on this proposal.
22. A time and season rules is proposed to be used in high use areas to better manage the safe interaction between people and dogs through allocating access rules based on time rather than area. This reduces the risk of conflicts between different users by encouraging them to access the area at different times.
23. The Auckland Council Policy on Dogs 2012 introduced a region-wide standard summer beach time and season of 10am and 5pm, Labour Weekend to 1 March.
24. The local board must decide whether or not using the standard times and season is appropriate on local beaches as part of its review. Where an alternative time and season is adopted, approval is required from the Auckland Council Governing Body.
25. It is important to note that the standard only provides a definition of daytime hours and a summer season. Local boards determine any winter times (if required) and the type of dog access (i.e. prohibited, on-leash, off-leash or dog exercise area) for each of these.
26. The following options have been considered within the statement of proposal:
Option 1 – Retain under control on a leash access rules for high use areas
27. The Dog Management Bylaw (2012) ensures that the former dog access rules for local parks, beaches and foreshores are retained until such a time as the Local Board reviews and amends these. Currently there are no time and season rules within the Great Barrier local board. Any area that in not identified either as a dog friendly or highly sensitive area currently defaults to a standard area.
Option 2 – Adopt a time and season definition based on the regional standard and align rules based on community preferences
28. The Auckland Council Policy on Dogs 2012 provides a standard definition for time and season for the summer period but does not define the access rules for these times. The access rules presented in this option have been developed based on the feedback received from the community to date. A more detailed description of the community’s views is provided in attachment 4 of the Statement of Proposal.
Table 3: Time and season based on the regional standard and community preferences
Summer - (Labour Weekend until 1 March) |
||
Before 10am |
10am to 5pm |
After 5pm |
Under control off a leash |
Under control on a leash |
Under control on a leash |
Winter (2 March until Friday before Labour Weekend) |
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Under control off a leash |
29. The access rules for the summer season and the winter daytime core hours and access rules presented in this option have been developed based on the feedback received from the community to date and all of the evidence gathered through the previous local board dog access reviews.
30. An under control off a leash access rule was considered after 5pm during summer however it did not provide an appropriate level of public safety and comfort as identified by the community preferences between 5pm and 7pm.
Option 3 – Adopt an alternative time and season rule based on evidence to date and community preferences
31. This option proposes an amendment to the standard time and season definition that takes into consideration the feedback received from the community to date and all of the evidence gathered through the previous local board dog access reviews. The access rules presented in this option have also been developed based on the feedback received from the community to date.
Table 4: Alternative time and season definition and rules based on community preferences
Summer (Labour Weekend until 31 March) |
||
Before 10am |
10am to 7pm |
After 7pm |
Under control off a leash |
Prohibited |
Under control off a leash |
Winter (1 April until Friday before Labour Weekend) |
||
Before 10am |
10am to 4pm |
After 4pm |
Under control off a leash |
Under control on a leash
|
Under control off a leash |
32. If the local board does identify any high use areas through this review process, staff recommend the adoption of a local time and season rule based on community preferences adopt option 3 for the following reasons:
· provides for the comfort of non-dog owners during the core day time hours
· provides for under control off a leash dog access in the morning which has been identified as an important time for dog owners meeting their needs both in the online survey and previous work under take with dog owners during summer
· provides for the needs of dog owners in the evening (after 7pm) as identified in the online survey
· the use of time and season rules similar to other local board areas will make it easier for visitors and non-resident dog owners to know what time and season access rules apply to high use areas.
Identification of locations by category
33. In order to identify the areas to which the high sensitive, high use, standard and dog friendly areas are recommended to apply, staff conducted site visits and obtained advice from parks, biodiversity and biosecurity. In addition community feedback was sought through and an online survey looking at beach use and the preference for dog access.
34. Three areas that are subject to the local dog access rules have been identified been identified within Table 6 of statement of proposal as highly sensitive for the protection of wildlife. These areas are located on Awana, Meadlands and Okupu Beaches and are directly adjacent to Department of Conservation prohibitions on dogs within the foreshore. The identification of these additional highly sensitive areas will both assist in the protection of wildlife and simplify the existing dog access rules through consistent access rules on both Department of Conservation and local beach and foreshore areas.
35. No areas within Council controlled parks or beaches have been identified as being high use areas.
36. The existing dog friendly areas at Medlands, Mulbery Grove, Gooseberry Flat and Awana beaches have been identified within Table 7 of statement of proposal and are recommended to remain as dog friendly areas. These areas align with the existing Department of Conservation dog access rules and provide discreet locations where dogs can be exercised under control off a leash as there is only no other dog friendly just north of Okiwi airfield.
37. Forty-one coastal areas within council control have been identified within Table 8 of statement of proposal and are recommended to remain as standard areas.
38. The impact of the recommended changes is to:
· retain existing levels of dog access within existing off a leash area and aligns the local access rules on beaches with the DoC access rules where there is inconsistency between the two sets of rules
· remove the sand water distinction for under control on a leash beach and foreshore area.
Ambiguous dog access rules
39. The following sections address current dog access rules which may be difficult to communicate or enforce. These were rules made prior to the creation of Auckland Council and delegated to the local board to review at its discretion.
Picnic areas and fitness apparatus areas
40. Currently the Great Barrier local board has specific rules that require dogs to be under control on a leash in ‘picnic areas’ and ‘fitness apparatus areas’. These terms are not currently defined in the bylaw. The following options have been considered within the statement of proposal:
Option 1: Retain current rule Advantages · no changes to the access rules need to be communicated to the public Disadvantages · unnecessary as the default rule for parks is already under control on-leash · it is not easy to know where picnic · there are no local picnic areas that have easily identifiable boundaries or are of a size to justify a specific rule · there are no existing fitness areas within Great Barrier on council controlled land · the rules are not well known, not widely communicated, not easily communicated, and not easily enforced. |
Option 2 Remove the current specific rule (recommended option) Advantages: · simplified rules are easier to understand · no other specific parks were considered to warrant further restrictions due to the existence of picnic facilities · there are no fitness apparatus areas that warrant dog access rules that are different from the surrounding park rules. Disadvantages · new access rules need to be communicated to the general public. |
41. The staff recommended option is to remove these specific rules (Option 2). For the following reasons:
· simplified rules are easier to understand
· no other specific parks were considered to warrant further restrictions due to the existence of picnic facilities.
Dog exercise areas
42. The term ‘dog exercise area’ has been carried over from previous bylaws and is used to describe six areas within this local board where dogs can be taken under control off-leash.
43. The policy on dogs provides an Auckland-wide definition for ‘under control off-leash areas’ which refer to a place shared with other users. ‘Designated dog exercise areas’ refer to a place where dog owners are the priority user (i.e.. what is often also referred to as a ‘dog park’). The following options have been considered within the statement of proposal:
Option 1: Retain the current rule
|
Option 2 Reclassify the fenced area directly north of Okiwi airfield as a designated dog exercise area and reclassify all other dog exercise areas as dog friendly areas (recommended option) |
Advantages · no changes to the access rules need to be communicated to the public. Disadvantages · inconsistent with policy on dogs · four of the five areas are shared spaces in terms of the policy on dogs. |
Advantages: · four of the five areas are shared spaces in terms of the policy on dogs · only the fenced area directly north of Okiwi airfield meets the criteria for a designated dog exercise area in the policy on dogs · the majority of dog owner will continue to be able to take their dog under control off a leash in these spaces. Disadvantages · new access rules need to be communicated to the general public · may be perceived by dog owners as reducing dog access. |
44. The staff recommend that the fenced area directly north of Okiwi airfield is reclassified as a designated dog exercise area and reclassify all other dog exercise areas as under control off a leash areas for the following reasons:
· four of the five areas are shared spaces in terms of the policy on dogs
· only the fenced area directly north of Okiwi airfield meets the criteria for a designated dog exercise area in the policy on dogs
· dog owner will continue to be able to take their dog under control off-leash in these spaces.
Next steps
45. Staff will update the statement of proposal to reflect the options selected by the local board.
46. The statement of proposal (together with proposals from other local boards) will be publicly notified for submissions as part of the dog registration process in June 2016 for approximately six weeks.
47. Once submissions close, members of the public will present their views to the hearings panel, followed by deliberations to consider both the written and oral submission. The hearings and deliberations will take place in August.
48. The decision of the local board is reported to Governing Body in September in order for the bylaw to be amended.
Appointment of panel
49. The local board has two options in relation to the hearings panel:
Option 1 – Appoint a panel of three or more members
50. Under this option a hearings panel of three or more members will need to be established to hear and deliberate on the submissions. The hearings panel would then make a recommendation to the local board at their next business meeting to either adopt the recommendations or refer the matter back to the hearings panel for reconsideration. The local board is not able to substitute its decision with that of the hearings panel without rehearing the submissions.
Option 2 – Appoint a panel of the whole board.
51. Under this option the whole local board would hear, deliberate and make the decision on the changes to the dog access rules. The decision of the hearings panel would be included in the agenda of the next local board meeting for information purposes only.
52. The following table outlines the advantages and disadvantages of each option:
Table 5: Analysis of options
Option |
Advantages and Disadvantages |
Option 1 – appoint a panel of three or more members |
Advantages · only the local board members on the hearings panel need to attend the hearings and deliberations Disadvantages · not all members of the local board hear the verbal submissions before making a collective decision on the dog access rules · if the local board disagrees with the recommendation of the hearings panel, the decision must be referred back to the hearings panel for reconsideration. Risks · constraints on the timing of hearings, deliberations and business meetings due to 2016 local government elections · potential for disagreement between hearings panel and local board on matters that are contested by the general public Risk mitigation · delegate decision making power to the hearings panel or hold an extraordinary local board business meeting to consider recommendation of the hearings panel if currently scheduled local board business meetings do not meet the required time frames |
Option 2 – appoint a panel of the whole board |
Advantages · all members of the local board hear the verbal submissions before making a collective decision on the dog access rules · a final decision on the dog access rules can be made at the time of the deliberations without the need for a recommendation to be reported back to a local board business meeting · collective local board responsibility for decisions on dog access rules. Disadvantages · greater time commitment required from all local board members to attend the hearings and deliberations. Risks · constraints on the timing of hearings, deliberations and business meetings due to 2016 local government elections Risk mitigation · delegate decision making power to hearings panel |
53. Staff recommend the adoption of Option 2 for the following reasons:
· all members of the local board hear the verbal submissions before making a collective decision on the dog access rules
· a final decision on the dog access rules can be made at the time of the deliberations without the need for a recommendation to be reported back to a local board business meeting.
Consideration
Local Board Views and Implications
54. The views of other local boards have not been sought on the statement of proposal. In the 2013/14 and 2014/15 reviews, other local boards chose to review their beach and foreshore areas and adjacent parks, high-use parks, generic rules and dog exercise areas. The decisions of the local board as they relate to the time and season rules are provide in Attachment B
55. Consistency with other local board dog access rules is also a factor that the Great Barrier Local Board may want to take into consideration. Staff will provide advice on decisions made by other local boards during the options analysis and deliberations stages of the review.
Maori Impact Statement
56. 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.
57. 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 Issues
58. There are no implementation issues associated with this decision to adopt a statement of proposal.
No. |
Title |
Page |
aView |
Draft statement of proposal - Amendments to Auckland Council Policy on Dogs 2012 - Great Barrier Local Board |
95 |
Signatories
Authors |
Justin Walters - Policy Analyst Jasmin Kaur - Policy Analyst |
Authorisers |
Kataraina Maki - GM - Community & Social Policy John Nash - Senior Local Board Advisor |
Great Barrier Local Board 11 May 2016 |
|
Statement of Proposal
Amendments to Auckland Council
Policy on Dogs 2012 –
Great Barrier Local Board
May 2015
Contents Page
Introduction
Reasons for proposal 3
Background
Consultation
Consideration of changes
Dogs in local board area
Types of areas
Highly sensitive areas
High use areas
Standard area
Identification of locations by category
· retains existing levels of dog access within existing off a leash area and aligns the local access rules on beaches with the DoC access rules where there is inconsistency between the two sets of rules
· removes the sand water distinction for under control on a leash beach and foreshore area
Ambiguous dog access rules
Picnic areas and fitness apparatus areas
Dog exercise areas
Attachment 1 - Schedule of Proposed Changes to Auckland Council Policy on Dogs
Great Barrier Local Board Area Rules
Region-wide rules
Attachment 2 – Decision-making framework
Local board delegations
Requirements to advise and consult
Requirements to have regard to
Local Government Act 2002
Dog Control Act 1996
These matters together with the consideration of wildlife protection are discussed under the Additional Background Information section of this document.
Auckland Council Policy on Dogs 2012
Additional background information
Safety and comfort of the general public
Recreational and exercise needs of owners and their dogs
Wildlife considerations
Practical requirements
Attachment 3 - Analysis of types of types of dog access
Under control off-leash at all times
Under control on-leash at all times
Prohibited at all times
Time and season
Attachment 4 – Results from online survey
Attachment 5 – Biodiversity memo
Attachment 6 – Maps of selected dog access areas
Attachment 7 – Department of Conservation – Dog Access – Maps
Submission Form
Introduction
1. The Great Barrier Local Board is proposing some changes to where and how dog owners can walk their dog.
2. To find out more about the proposed changes, or to make a submission, read this document or visit shapeauckland.co.nz. Submissions close on 17 July 2016.
Reasons for proposal
3. The Great Barrier Local Board is reviewing the local dog access rules. The proposed changes to the dog access rules are to:
· better provide for public safety and comfort
· better protect wildlife
· better provide for the needs of dogs and their owners
· make the rules easier to understand.
Background
4. In 2012, Auckland Council adopted a new policy and bylaw on dogs. The new policy aims to keep dogs a positive part of the life of Aucklanders. Region-wide dog access rules were adopted for particular types of areas, such as playgrounds, sports surfaces and roads, and dog access rules on regional parks were reviewed.
5. Local boards were delegated responsibility to review dog access rules for local parks, beaches and foreshore areas as part of a four year review programme between 2013 and 2017.
6. The process to change dog access rules requires the local board to comply with a range of statutory, policy and delegated authority requirements, including the adoption of this Statement of Proposal for the purposes of public consultation.
Consultation
7. To assist with developing this proposal, the Great Barrier Local Board obtained views from:
· council staff involved in parks, animal management and biodiversity (see Attachment 6)
· ‘Have your say’ public meetings
· Māori through hui in March 2015
· residents and visitors through an on-line survey in March 2016
There were 43 respondents to this survey (61 per cent non-dog owners and 39 per cent dog owners).
A summary of the results of the survey is contained in Attachment 5. The summary covers matters related to dog owner and non-dog owners preferences for dog access, people’s comfort around dogs, and the use of local beach and foreshore areas.
Consideration of changes
8. The relevant statutory and policy considerations are set out in attachment 2. They include:
· “public safety and comfort” which encompasses:
- the need to minimise danger, distress, and nuisance to the community generally
- the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children
- whether or not the children are accompanied by adults
- the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs.
· the protection of wildlife
· to provide for the exercise and recreational needs of dogs and their owners
· to ensure that the dog access rules are easy to understand. This refers to rules that are practical, enforceable, and where appropriate consistent across Auckland.
Dogs in local board area
9. Dog access rules help ensure positive interactions between dogs and people in public places and the protection of wildlife. For non-dog owners this typically relates to dogs not causing a nuisance, and for dog owners being able to enjoy an outing with their dogs (sees Attachment 2 under “Additional background information”).
10. Approximately 28 per cent of households within the Great Barrier Local Board have one or more dogs on their properties[2].
11. Within the Great Barrier Island Local Board area, the following local access rules apply:
· a default under control on a leash dog access rule which applies to all parks, beach and foreshore areas unless otherwise specified
· dog are allowed under control off a leash when in the water except in significant ecological areas or where dogs are prohibited
· general rules around significant ecological areas, picnic and fitness apparatus areas
· six dog exercise areas.
12. Within Great Barrier there are 27 areas identified by the Department of Conservation as being subject to controls on dog for the protection of wildlife. The Department of Conservation access rules apply to Department of Conservation land and selected foreshore areas. Where Department of Conservation access rules apply to the foreshore these rules override council access rules.
13. A full list of the existing access rule and Department of Conservation areas is set out in attachment 1 and 7.
Types of areas
14. To enable dog access rules to be easier to understand within the local board area and across Auckland, the following categories are used:
· highly sensitive area
· high use area
· dog friendly area
· standard area.
15. The following sections describe the categories in more detail, and a dog access rule for each category is proposed. The dog access rules considered include under control off a leash, under control on a leash, prohibited, and time and season (meaning different rules may apply at different times of the day and in different seasons). A general analysis of the advantages and disadvantages of these dog access rules is provided in Attachment 4.
Highly sensitive areas
16. A highly sensitive area is a place where the mere presence of a dog can have a negative effect, for instance on bio-diversity. Examples may include important feeding, roosting and breeding habitat for birds.
17. It is proposed that dogs be prohibited at all times from highly sensitive areas. Reasons include to protect wildlife.
18. It is noted that areas which may be sensitive to the presence of dogs but do not require dogs to be prohibited are proposed to be included within the ‘standard area’ category. Examples may include mangrove areas for feeding birds and popular bush walks. In addition, if an area becomes a highly sensitive area, temporary controls on dog access can be implemented while the local board considered the merits of any substantive change.
High use areas
19. A high use area is a place that attracts a lot of people at certain times of the day or year. At those times when there are a lot of people without dogs, the presence of dogs can affect public safety and comfort and it is appropriate that dogs be prohibited or under control on a leash. At low use times, it may be appropriate that dogs be allowed more access in the form of under control on or off a leash access. These areas are typical beaches and associated parks.
20. It is proposed to that a time and season rule that allows dogs at certain times of the day and year be applied to high use areas. Reasons include to provide a better balance between public safety and comfort and the needs of dogs and their owners than would be provided by a prohibited, under control on-leash or under control off-leash at all times rule.
21. The proposed time and season rule is discussed in the section titled ‘Time and Season”.
Dog friendly areas
22. A dog friendly area is a place that is suitable for dogs to run and play off a leash. These places may have lower levels of public use by non-dog owners, or be of a size that allows for shared use without significant impact on other users of the place.
23. It is proposed that dogs be allowed under control off a leash at any time in dog friendly areas. Reasons include to provide for the needs of dog owners given that dogs are restricted in highly sensitive, high use and standard areas.
Standard area
24. A standard area is a place that does not fall into any of the other three categories. These places may include:
· moderate or low use places that are not suitable for dogs to run and play off a leash
· high use areas where the proposed time and season rule would be less appropriate in terms of balancing the need to ensure public safety and comfort and the needs of dogs and their owners
· areas that allow for dogs to be included within family activities without the interfering with other users.
25. The local board propose that dogs be allowed under control on a leash at any time in standard areas. Reasons include to provide for public safety and comfort and the needs of dogs and their owners (albeit under control on a leash), and because adequate under control off a leash areas are provided elsewhere.
26. It is noted that the region-wide dog access rules classify all council controlled outdoor public places as standard areas unless otherwise specified. Thoroughfare places are also specifically identified as under control on a leash areas. This includes all roads, private ways, car parking areas, wharfs and jetties.
Time and Season
27. It is noted that the local board does not propose any locations as being a high use area. However, a time and season rule is proposed here to enable the local board to consider future use of the high use category, for instance in response to submissions on this proposal.
28. A time and season rules is proposed to be used in high use areas to better manage the safe interaction between people and dogs.
29. Consistency in time and season rules across Auckland is an issue.
30. In 2010, Auckland Council inherited seven different time and season rules from legacy councils in the Auckland Region. Currently there are no time and season rules within the Great Barrier local board. Any area that in not identified as either as a dog friendly or highly sensitive area currently defaults to a standard area.
31. In 2012, Auckland Council attempted to make time and season rules more consistent by adopting a region-wide time and season standard. All local boards (except Great Barrier and Waiheke local boards) were required to review all beach and foreshore areas to determine where to apply the new standard.
32. A region-wide time and season standard was adopted to recognise that regional consistency and local needs need to be carefully balanced depending on the unique circumstances for each area. A standard encourages consistency while allowing for local variation where appropriate. The standard only set summer times (10am and 5pm) and season (Labour Weekend to 1 March). Local Boards determine the type of access and any winter rule.
33. Community views on dog access rules are varied within the Great Barrier Local Board area (Attachment 5) with specific differences between the preferences of dog owners and non-dog owners, this is summarised as follows:
Table 2: Dog owner and non-dog owner time and season preferences
Dog owners |
Non-dog owners |
Summer – 1 December to 31 March |
Summer – Labour Day to 31 March |
Under control off-leash |
Under control on-leash |
Winter |
Winter |
Under control off-leash |
Under control on-leash |
34. These preferences can be further explained in that:
· non-dog owners generally do not want unknown dogs approaching them while at the beach (17 of 21 respondents) with 5 respondents saying that they were nervous around dogs and avoid beaches if there are likely to be dogs there
· dog owners generally do not mind being approached by dogs (13 of 17 respondents), while only a third of non-dog owners expressed this view.
35. The regional standard provides and initial framework which then needs to be completed with the addition of access controls during the summer season and winter access rules. Taking into consideration the diverse range of preferences expressed by the community on this issue, beach usage, and keeping to the set summer times and season results in the following access rule:
Table 3: Time and season based on the regional standard and community preferences
Summer - (Labour Weekend until 1 March) |
||
Before 10am |
10am to 5pm |
After 5pm |
Under control off a leash |
Under control on a leash |
Under control on a leash |
Winter (2 March until Friday before Labour Weekend) |
||
Under control off a leash |
36. The access rules for the summer season and the winter daytime core hours and access rules presented in this option have been developed based on the feedback received from the community to date.
37. An under control off a leash access rule was considered after 5pm during summer however it did not provide an appropriate level of public safety and comfort as identified by the community preferences between 5pm and 7pm.
38. To date ten local boards have undertaken a review of time and season rules. Only one local board has applied the region-wide time and season standard. One local board considered that a time and season was not required in their local board area. One local board implemented a time and season for the protection of wildlife. Seven[3] local boards have varied the standard in relation to the summer end time (6.30 or 7pm) and/or summer season end date. The main reason for the variation was because those local boards considered that its high use areas were still busy after 5pm and/or after the 1 March to the extent that allowing dogs under control off a leash would not adequately provide for public safety and comfort.
39. It is relevant to note that there are eight different combinations of dog access during the summer days whether due to the summer season, times, or types of dog access during those times. In addition, four local boards (those closer to the central Auckland business district) have also adopted a winter time and season rule.
40. In order to make dog access rules more practical to implement and enforce and taking into consideration the diverse range of preferences expressed by the community on this issue, the following alternative time and season rule is presented.
Table 4: Alternative time and season rule
Summer (Labour Weekend until 31 March) |
||
Before 10am |
10am to 7pm |
After 7pm |
Under control off a leash |
Prohibited |
Under control off a leash |
Winter (1 April until Friday before Labour Weekend) |
||
Before 10am |
10am to 4pm |
After 4pm |
Under control off a leash |
Under control on a leash
|
Under control off a leash |
Options considered
41. The following options have been considered:
· Option 1 – Apply the access rules applying to standard areas (under control on a leash) to high use areas
· Option 2 – Adopt a time and season based on the regional standard and community preferences (see Table3)
· Option 3 – Adopt an alternative time and season based on evidence to date and community preferences (see Table 4)
Analysis of options
42. The following table provide an analysis of the different options against the relevant statutory and policy considerations.
Table 5: Assessment of Options
Option |
Advantages and Disadvantages |
Option 1 Apply the access rules applying to standard areas (under control on a leash) to high use areas |
Advantages · provides for the level of comfort sought by non-dog owners as identified through the online survey · allows access for dog owners at all times of the day Disadvantages · does not provide for the needs of dogs of dog owners as identified through the on line survey at times when the location is not in high use by non-dog owners · does not provide an appropriate balance between public safety and comfort and the needs of dogs and their owners. |
Option 2 Adopt a time and season rule based on the regional standard and community preferences |
Advantages · consistent with the region-wide time and season standard · provides for under control off a leash dog access in the morning which has been identified as an important time for dog owners meeting their needs both in the online survey and previous work under take with dog owners during summer · provides for the level of comfort sought by non-dog owners as identified through the online survey in the evening during summer, · retains a minimum of under control on a leash access for dog owners to high use areas so that dog owners are able to include their dog on family outings · provides for the needs of dog owners as identified through the online survey during winter when the high use area are not in high use Disadvantages · does not provide for the needs of dog owners as identified in the online survey in the evenings during summer · does not provide the level of comfort sought by non-dog owners as identified through the online survey during winter. |
Option 3 Adopt a local time and season rule based on community preferences |
Advantages · provides for the comfort of non-dog owners during the core day time hours · provides for under control off a leash dog access in the morning which has been identified as an important time for dog owners meeting their needs both in the online survey and previous work under take with dog owners during summer · provides for the needs of dog owners in the evening (after 7pm) as identified in the online survey · the use of time and season rules similar to other local board areas will make it easier for visitors and non-resident dog owners to know what time and season access rules apply to high use areas. Disadvantages · does not provide for the needs of dog owners as identified in the online survey · the prohibition of dogs during core daytime hours during does not take into account the lower level of use for parks and beaches due to lower population density · inconsistent with the region-wide time and season standard [Other considerations] · requires approval of the Governing Body of Auckland Council because it is inconsistent with the region-wide time and season standard. The local board will need to provide reasons for the inconsistency, namely that using the region-wide time and season standard would not meet the statutory and policy requirements to provide for public safety and comfort
|
Preferred option
43. The local boards preferred option is that if any high use areas are identified through this review process that the alternative time and season rule should be adopted for the following reasons:
· provides for the comfort of non-dog owners during the core day time hours
· provides for under control off a leash dog access in the morning which has been identified as an important time for dog owners meeting their needs both in the online survey and previous work under take with dog owners during summer
· provides for the needs of dog owners in the evening (after 7pm) as identified in the online survey
· the use of time and season rules similar to other local board areas will make it easier for visitors and non-resident dog owners to know what time and season access rules apply to high use areas.
Identification of locations by category
44. The local board propose the following category (highly sensitive, high use, dog friendly or standard area) for locations under review.
45. The locations under review are as follows:
· beach and foreshore areas and adjacent parks
· wildlife areas
· high use parks (none identified with problems requiring review)
46. In deciding the proposed category the local board has considered the relevant statutory and policy requirements in paragraph 8 and the views obtained in paragraph 7. The local board has also considered the option of identifying areas within a location where different categories would apply where this would achieve a better outcome. For instance, identifying a dog friendly area within part of an otherwise standard area park.
47. Please note that only locations subject to review are identified below. It is not a full list of public places in the local board area. A full schedule of current dog access rules is contained in Attachment 1 for information purposes.
Table 6 – Highly sensitive areas
Highly sensitive areas (Dogs prohibited) |
||||
Location |
Site specific reasons |
Current Rule |
||
Awana Beach North of the Council access to the point (See Attachment 6)
|
· Aligns with Department of Conservation dog access rules · Protection of shorebirds and nesting penguins on the strip of sand between the foreshore prohibition under the Department of Conservation and the land owned by the Queen Elizabeth 2 National Trust |
Under control on a leash |
||
Medlands Beach - Oruawharo Bay (See Attachment 6) · From 100m south of The Lane walkway north to the northern headland |
· Simplifies and aligns with Department of Conservation dog access rules · Protection of shorebirds and nesting penguins on sand and dunes directly adjacent to the foreshore prohibition under the Department of Conservation
|
Under control on a leash |
||
· From 400m north of the southern creek to the creek at the southern end of the beach |
Under control on a leash and under control off a leash |
|||
· Okupu Beach (See Attachment 6)
|
· Simplifies and aligns with Department of Conservation dog access rules · Protection of shorebirds and nesting penguins on sand and dunes directly adjacent to the foreshore prohibition under the Department of Conservation |
Under control off a leash outside of foreshore area |
||
Table 7 – High use areas
High use areas (Time and season) |
||
Location |
Site specific reasons |
Current Rule |
No high use areas have been identified. |
N/a |
N/a |
Table 8 – Dog friendly areas
Dog friendly areas (Under control on off a leash) |
||
Location |
Site specific reasons |
Current Rule |
Medlands Beach - Oruawharo Bay Under control off-leash from 100m south of The Lane walkway to the south, stopping 400m north of the creek (See Attachment 6)
|
· Aligns with the Department of Conservation dog access rules which aims to protect wildlife (see attachment 7) · That while the use of the existing under control off a leash area has the potential to impact on wildlife, a balance between wildlife and the needs of dog owners is best achieved through providing discreet location where dog can be exercised under control off a leash while protecting other more important areas · There are limited other opportunities for under control of a leash access on Great Barrier Island |
Under control off-leash from 100m south of The Lane walkway to the south, stopping 100m north of the creek |
Mulberry Grove Beach - Tryphena Harbour (excluding the creeks at each end) (See Attachment 6)
|
· Aligns with the Department of Conservation dog access rules which aims to protect wildlife (see attachment 7) · That while the use of the existing under control off a leash area has the potential to impact on wildlife, a balance between wildlife and the needs of dog owners is best achieved through providing discreet location where dog can be exercised under control off a leash while protecting other more important areas · There are limited other opportunities for under control of a leash access on Great Barrier Island |
Under control off a leash |
Gooseberry Flat - Tryphena Harbour Northern end to the bluff, including bluff around to the public toilets and including headland reserve between Gooseberry Flat and Pa Beach |
· Limited other opportunities for under control of a leash access on Great Barrier Island |
Under control off a leash |
Awana Beach South of the Council access to the point (See Attachment 6)
|
· Aligns with the Department of Conservation dog access rules which aims to protect wildlife (see attachment 7) · That while the use of the existing under control off a leash area has the potential to impact on wildlife, a balance between wildlife and the needs of dog owners is best achieved through providing discreet location where dog can be exercised under control off a leash while protecting other more important areas · There are limited other opportunities for under control of a leash access on Great Barrier Island |
Under control off a leash |
Table 9 – Standard areas
Standard areas (Under control on a leash) |
||
Location |
Site specific reasons |
Current Rule |
Palmers Beach - Northern end (excluding DoC prohibited area) |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Rosalie Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Sandy Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Cicillia Sudden Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Schooner Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Shag Harbour |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash Water - Under control off a leash |
Smiths Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Jack Ryan Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Allom Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Blind Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Cooper Mine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Rapid Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Whangaparapara Harbour |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Long Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
French Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Mangati Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Bowling Alley Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Oneura Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Smokehouse Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Wairahi Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Kiwiriki Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Kaiarara Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Roarohara Bay - Port Fitzroy |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Bradshaw Cove - Port Abercrombie |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Karaka Bay - Port Abercrombie |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash Water - Under control off a leash |
Mohunga Bay - Port Abercrombie |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Nagle Cove - Port Abercrombie |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Oruapure Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Nimaru Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Moanauriuri Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Waikakahu Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Motairene - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Oneruawharo Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Oneroa Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Torehangina Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Te Roto Bay - Katherine Bay |
area is neither a highly sensitive nor a dog friendly area |
Beach and Foreshore - Under control on a leash |
Rangiwhakaea Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Komahunga/Mona Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash |
Waipapa Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash - SEA |
Whangawahia Bay – Northern end (excludes DoC prohibited area) |
area is neither a highly sensitive nor a dog friendly area |
DoC - Eastern End - Prohibited Local Board -Western - Under control on a leash - SEA |
Korotiti Bay |
area is neither a highly sensitive nor a dog friendly area |
Under control on a leash |
48. Reasons for the above include:
· that public safety and comfort can be maintained while allowing under control off a leash access on existing under control off a leash areas
· that a balance between wildlife and the needs of dog owners is best achieved through providing discreet location where dog can be exercised under control off a leash while protecting other more important areas
· the changes align the local dog access rules with the dog access rules administered by the Department of Conservation on Great Barrier Island.
Effect of proposal
49. The effect of the proposal on the current rules across the local board is summarised as follows, and has regard to the relevant statutory and policy requirements in paragraph 8 and the views obtained in paragraph 7:
· retains existing levels of dog access within existing off a leash area and aligns the local access rules on beaches with the DoC access rules where there is inconsistency between the two sets of rules
· removes the sand water distinction for under control on a leash beach and foreshore area
Ambiguous dog access rules
50. The following sections address current dog access rules which may be difficult to communicate or enforce. These were rules made prior to the creation of Auckland Council and delegated to the local board to review at its discretion.
Picnic areas and fitness apparatus areas
51. Currently the Great Barrier local board has specific rules that require dogs to be under control on a leash in ‘picnic areas’ and ‘fitness apparatus areas’. These terms are not currently defined in the bylaw. This makes it unclear as to where the rules apply and therefore difficult to enforce.
52. Feedback received from Auckland Council parks and animal management staff was that there are no local picnic or fitness apparatus areas that have easily identified boundaries or are of a meaningful size to justify a specific dog access rule distinct from those identified under the high use or standard park categories.
Table 10: Assessment of Options
Option |
Advantages and Disadvantages |
Option 1 Retain current rule |
Advantages · no changes to the access rules need to be communicated to the public Disadvantages · unnecessary. The default rule for parks is already under control on-leash · it is not easy to know where picnic · there are no local picnic areas that have easily identifiable boundaries or are of a size to justify a specific rule · there are no existing fitness areas within Great Barrier on council controlled land · the rules are not well known, not widely communicated, not easily communicated, and not easily enforced. |
Option 2 replace current general rule and rely on whatever dog access rules applies to the location, such as a high use or standard area |
Advantages · simplified rules are easier to understand · no other specific parks were considered to warrant further restrictions due to the existence of picnic facilities · there are no fitness apparatus areas that warrant dog access rules that are different from the surrounding park rules. Disadvantages · new access rules need to be communicated to the general public |
53. The local board propose to remove the rule and rely on whatever dog access rules applies to the location, such as a high use or standard area(Option 2) for the following reasons:
· simplified rules are easier to understand
· no other specific parks were considered to warrant further restrictions due to the existence of picnic facilities
54. The local board does not consider retaining the current rule to be a reasonably practicable option because any areas of concern are addressed within the high use area and standard area category, and because the rule is difficult to communicate or enforce.
Dog exercise areas
55. The term ‘dog exercise area’ has been carried over from previous bylaws and is used to six beaches and parks where dogs can be taken under control off-leash.
56. The policy on dogs provides an Auckland-wide definition for ‘under control off a leash areas’ which refer to a place shared with other users. ‘Designated dog exercise areas’ refer to a place where dog owners are the priority user and where dogs, including dangerous dogs, can be exercised ‘under control off a leash’. These areas are often also referred to as a ‘dog parks’.
57. Analysis of the existing ‘dog exercise areas’, including feedback from Auckland Council parks and animal management staff, is that only the area directly north of Okiwi airfield meets the definition of a dog exercise area with the four other areas being shared spaces where dog owners are ‘shared user’ and should be called ‘under control off-leash areas’.
Table 11: Assessment of Options
Option |
Advantages and Disadvantages |
Option 1 Retain current rule |
Advantages · no changes to the access rules need to be communicated to the public Disadvantages · inconsistent with policy on dogs · four of the five areas are shared spaces in terms of the policy on dogs |
Option 2 reclassify the fenced area directly north of Okiwi airfield as a designated dog exercise area and reclassify all other dog exercise areas as under control off a leash areas |
Advantages · four of the five areas are shared spaces in terms of the policy on dogs · only the fenced area directly north of Okiwi airfield meets the criteria for a designated dog exercise area in the policy on dogs · the majority of dog owner will continue to be able to take their dog under control off a leash in these spaces. Disadvantages · new access rules need to be communicated to the general public · may be perceived by dog owners as reducing dog access |
58. The local board propose to reclassify the fenced area directly north of Okiwi airfield as a designated dog exercise area and reclassify all other dog exercise areas as under control off a leash areas for the following reasons:
· four of the five areas are shared spaces in terms of the policy on dogs
· only the fenced area directly north of Okiwi airfield meets the criteria for a designated dog exercise area in the policy on dogs
· the majority of dog owner will continue to be able to take their dog under control off-leash in these spaces.
Great Barrier Local Board 11 May 2016 |
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Attachment 1 - Schedule of Proposed Changes to Auckland Council Policy on Dogs
The proposed changes to the dog
access rules are shown in the right hand column, additions underlined
and deletions in strikethrough.
Submissions will only be accepted in relation to proposed changes.
To understand what the proposed change means, refer to the ‘Effect of change’ in the tables for the relevant options.
Region-wide rules are listed after the table below. Region-wide rules also apply within the Great Barrier local board area but are not within the scope of this review. Region-wide rules prevail over any local board rule.
Great Barrier Local Board Area Rules
Current local dog access rule |
Proposed local dog access rule |
(1) Dogs are allowed under control off a leash in the following dog exercise areas**,*** : (a) Gooseberry Flat**. Northern end to the bluff, including bluff around to the public toilets and including headland reserve between Gooseberry Flat and Pa Beach. (b) Okiwi northern side of airstrip next to the Okiwi airfield.
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(1) Dogs are allowed under control off a leash in the following designated dog exercise areas**,*** : (a) Okiwi northern side of airstrip next to the Okiwi airfield.
(2) Dogs are allowed under control off a leash in the following areas**,*** : (a) Gooseberry Flat**. Northern end to the bluff, including bluff around to the public toilets and including headland reserve between Gooseberry Flat and Pa Beach.
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(2) On beaches – (a) Dogs are allowed under control off a leash in the following dog exercise areas**,*** : (i) Awana Beach. From Council access south to the point. (ii) Medlands Beach*** from 100 metres south of The Lane walkway to the south, stopping 100 metres north of the creek. (iii) Mulberry Grove Beach*** excluding the creeks at each end. (iv) Okupu Beach. The entire beach area. (b) Dogs are allowed under control off a leash when the dog is swimming or walking in areas of the water (excluding safe swimming areas or lanes). (c) Dogs are allowed under control on a leash on all beaches not identified as a dog exercise area in (a). (d) Dogs are prohibited at all times from safe swimming areas or lanes marked out or identified by council |
(3) On beaches – (a) Dogs are allowed under control off a leash
in the following (i) Awana Beach. From Council access south to the point. (ii) Medlands
Beach*** from 100 metres south of The Lane walkway to the south, stopping 400 (iii) Mulberry Grove Beach*** excluding the creeks at each end.
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(4) Dogs are allowed under control on a leash in the following areas: (a) All park and foreshore areas not specifically identified as a prohibited, off-leash or dog exercise area. (b) Any area that is developed or marked out as a picnic area or fitness apparatus area. (c) All areas within a park, beach or foreshore (except an area identified as a prohibited area or a dog exercise area) identified by the District Plan as a significant ecological area. Dogs must remain on a leash at all times in these areas and shall not be let off a leash to swim or walk in the water in these areas. |
(5) Dogs are allowed under
control on a leash in
(6) Dogs are allowed under control on a leash on all beach and foreshore areas not specifically identified as a prohibited, under control off-leash or designated dog exercise area including the following: (a) Palmers Beach - Northern end (excluding DoC prohibited area) (b) Rosalie Bay (c) Sandy Bay (d) Cicillia Sudden Bay (e) Schooner Bay (f) Shag Harbour (g) Smiths Bay (h) Jack Ryan Bay (i) Allom Bay (j) Blind Bay (k) Cooper Mine Bay (l) Rapid Bay (m) Whangaparapara Harbour (n) Long Bay (o) French Bay (p) Mangati Bay (q) Bowling Alley Bay (r) Oneura Bay - Port Fitzroy (s) Smokehouse Bay - Port Fitzroy (t) Wairahi Bay - Port Fitzroy (u) Kiwiriki Bay - Port Fitzroy (v) Kaiarara Bay - Port Fitzroy (w) Roarohara Bay - Port Fitzroy (x) Bradshaw Cove - Port Abercrombie (y) Karaka Bay - Port Abercrombie (z) Mohunga Bay - Port Abercrombie (aa) Nagle Cove - Port Abercrombie (bb) Oruapure Bay (cc) Nimaru Bay - Katherine Bay (dd) Moanauriuri Bay - Katherine Bay (ee) Waikakahu Bay - Katherine Bay (ff) Motairene - Katherine Bay (gg) Oneruawharo Bay - Katherine Bay (hh) Oneroa Bay - Katherine Bay (ii) Torehangina Bay - Katherine Bay (jj) Te Roto Bay - Katherine Bay (kk) Rangiwhakaea Bay (ll) Komahunga/Mona Bay (mm) Waipapa Bay (nn) Whangawahia Bay – Northern end (excludes DoC prohibited area) (oo) Korotiti Bay |
(7) Dog owners require a permit throughout the year with conditions for management and/or recreational hunting in the following areas – (a) Great Barrier Forest Conservation Area3(DOC Map 7.3). (b) Great Barrier Forest Conservation Area3 (DOC Map 7.4). (c) Okiwi Recreation Reserve3 (DOC Map Ref 7.9). (d) Rakitu Island Scenic Reserve3 (DOC Map Ref 7.11). (e) Hirakimata/Kaitoke Swamp Ecological Area3 (DOC Map Ref 7.5). (f) Te Paparahi Conservation Area3 (DOC Map Ref 7.12). (g) Wairahi Forest Sanctuary3 (DOC Map Ref 7.13).
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(7) Dog owners require a permit throughout the year with conditions for management and/or recreational hunting in the following areas – (a) Great Barrier Forest Conservation Area3(DOC Map 7.3). (b) Great Barrier Forest Conservation Area3 (DOC Map 7.4). (c) Okiwi Recreation Reserve3 (DOC Map Ref 7.9). (d) Rakitu Island Scenic Reserve3 (DOC Map Ref 7.11). (e) Hirakimata/Kaitoke Swamp Ecological Area3 (DOC Map Ref 7.5). (f) Te Paparahi Conservation Area3 (DOC Map Ref 7.12). (g) Wairahi Forest Sanctuary3 (DOC Map Ref 7.13).
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(8) Dogs are prohibited from the following areas – (a) Awana Stream Marginal Strip1 (DOC Map Ref 5.1). (b) Awana Stream Recreation Reserve and adjacent Crown foreshore1,2 (DOC Map 5.2, 6.1). (c) Burgess Island Scenic Reserve and adjacent Crown foreshore1,2 (DOC Map 5.4, 6.3). (d) Bushs Beach Recreational Reserve1 (DOC Map 5.6). (e) Harataonga Recreation Reserve and adjacent Crown foreshore1,2 (DOC Map 5.12, 6.11). (f) Harataonga Bay Marginal Strip and adjacent Crown foreshore1,2 (DOC Maps 5.11, 6.10). (g) Kaitoke Beach Marginal Strip and Crown foreshore1,2 (DOC Maps 5.14 , 6.13). (h) Kaitoke Creek Marginal Strip and adjacent Crown foreshore1,2 (DOC Maps 5.15, 6.14). (i) Little Barrier Island Nature Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.22, 6.19). (j) Medlands Wildlife Management Reserve1 (DOC Map 5.25). (k) Medlands Beach Crown foreshore 2 (DOC Map 6.21). (l) Mokohinau Islands Nature Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.29, 6.25). (m) Okupu Bay Crown foreshore2 (DOC Map 6.33). (n) Oruawharo Creek Government Purpose (Wildlife Management) Reserve1 (DOC Map 5.34). (o) Crown foreshore adjacent to Overtons Beach Marginal Strip, Korotiri Bay Conservation Area and Whakatatautuna Point Marginal Strip2. (DOC Map 6.35). (p) Fitzroy Bay Landing Recreation Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.9, 6.8), (q) Rosalie Bay Marginal Strip and Crown foreshore1,2 (DOC Maps 5.41, 6.45). (r) Crown foreshore of Te Matuku Bay2 (DOC Map 6.55). (s) Crown foreshore of Tryphena Harbour (excluding [any dog exercise area]2 (DOC Map 6.60). (t) Whangapoua Conservation Area and adjacent Crown foreshore1,2 (DOC Maps 5.58, 6.66). |
(8) Dogs are prohibited from the following areas – (a) Awana Stream Marginal Strip1 (DOC Map Ref 5.1). (b) Awana Stream Recreation Reserve and adjacent Crown foreshore1,2 (DOC Map 5.2, 6.1). (c) Awana Beach – North of the Council access (d) Burgess Island Scenic Reserve and adjacent Crown foreshore1,2 (DOC Map 5.4, 6.3). (e) Bushs Beach Recreational Reserve1 (DOC Map 5.6). (f) Harataonga Recreation Reserve and adjacent Crown foreshore1,2 (DOC Map 5.12, 6.11). (g) Harataonga Bay Marginal Strip and adjacent Crown foreshore1,2 (DOC Maps 5.11, 6.10). (h) Kaitoke Beach Marginal Strip and Crown foreshore1,2 (DOC Maps 5.14 , 6.13). (i) Kaitoke Creek Marginal Strip and adjacent Crown foreshore1,2 (DOC Maps 5.15, 6.14). (j) Little Barrier Island Nature Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.22, 6.19). (k) Medlands Wildlife Management Reserve1 (DOC Map 5.25). (l) Medlands Beach Crown foreshore 2 (DOC Map 6.21). (m) Medlands Beach – from a point 100 metres south of The Lane walkway to the northern headland; and from a point 400 metres north of the southern creek south to the creek . (n) Mokohinau Islands Nature Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.29, 6.25). (o) Okupu Bay Crown foreshore2 (DOC Map 6.33). (p) Okupu Beach (q) Oruawharo Creek Government Purpose (Wildlife Management) Reserve1 (DOC Map 5.34). (r) Crown foreshore adjacent to Overtons Beach Marginal Strip, Korotiri Bay Conservation Area and Whakatatautuna Point Marginal Strip2. (DOC Map 6.35). (s) Fitzroy Bay Landing Recreation Reserve and adjacent Crown foreshore1,2 (DOC Maps 5.9, 6.8), (t) Rosalie Bay Marginal Strip and Crown foreshore1,2 (DOC Maps 5.41, 6.45). (u) Crown foreshore of Te Matuku Bay2 (DOC Map 6.55). (v) Crown foreshore of Tryphena Harbour (excluding [any dog exercise area]2 (DOC Map 6.60). (w) Whangapoua Conservation Area and adjacent Crown foreshore1,2 (DOC Maps 5.58, 6.66). |
** Explanatory Note: The region-wide rule that prohibits dogs on any sports surface (unless exceptions are stated) and that requires dogs to be kept under control on a leash in the vicinity of any sports surface when in use as stated in Schedule 1, Rule 1(2) continues to apply. This note is specified in relation to particular parks where a sportsfield is known to exist to assist readers.
*** Explanatory Note: The region-wide rule that prohibits dogs on any playgrounds and that requires dogs to be kept under control on a leash in the vicinity of any playground when in use as stated in Schedule 1, Rule 1(1) continues to apply. This note is specified in relation to particular parks where a playground is known to exist to assist readers.
Region-wide rules
The following region-wide dog access rules also apply within the Great Barrier local board area but are not within the scope of this review.
Region-wide rules prevail over any local board rule.
(1) Playgrounds under the control of the council
Dogs are prohibited on any playground at all times and must be under control on a leash in the vicinity of any playground when in use.
(2) Sports surfaces under the control of the council
Dogs are prohibited on any sports surface at all times and must be kept under control on a leash in the vicinity of any sports surface when in use.
For the avoidance of doubt, dogs must still be kept under control on a leash in the vicinity of the sports surface when in use.
(3) Roads, private ways, and council-controlled car parks and boating areas
Dogs must be under control and on a leash on all –
(a) formed public roads (including any street, highway, access way, service lane, and any footpath, cycle track, bus stop and berm within the boundaries of the road);
(b) private ways;
(c) council-controlled car parks; and
(d) council-controlled boating areas (including any wharf, jetty, boat ramp, boat marshalling area).
For the avoidance of doubt, this rule does not apply to any unformed road, or any walkway, track or road within or surrounded by a park.
(4) Council cemeteries, council camping grounds and council holiday parks
Council cemeteries
Dogs are allowed under control and on a leash in the following council-controlled cemeteries:
(a) North Shore Memorial Park
(b) Waikumete Cemetery
Dogs are prohibited from all other council-controlled cemeteries unless permission is obtained from the council (e.g. a park manager with the appropriate delegated authority), or signage indicates dogs are allowed and provided the person whom the dog is accompanying complies with any reasonable conditions imposed by the council in relation to the entry or presence of the dog.
Camping grounds and holiday parks under the control of the council
Dogs are prohibited from all council-controlled camping grounds and holiday parks unless permission is obtained from Council (e.g. park manager with delegated authority), or signage indicates dogs are allowed, and provided the person whom the dog is accompanying complies with any reasonable conditions imposed by the Council in relation to the entry or presence of the dog.
(5) Default dog access rules
Unless otherwise stated in the local board dog access rules:
(a) dogs must be under control and on a leash in all council-controlled public places with unrestricted access; and
(b) dogs are prohibited in all other public places (e.g. fenced sports stadiums, libraries, cafes, shopping malls, school grounds, non-council cemeteries and urupa) unless permission is obtained or signage indicates dogs are allowed from –
(i) council, in relation to places under control of the council; or
(ii) the person in charge of the place, in relation to places not under control of the council; and
(iii) provided the person whom the dog is accompanying complies with any reasonable conditions imposed in relation to the entry or presence of the dog.
Explanatory Notes:
Dog Faeces
The owner of any dog that defecates in any public place or private way must immediately remove and dispose of the faeces in a way that does not cause a nuisance.
Dogs confined in a vehicle or cage
Dogs confined in a vehicle or cage are not exempt from prohibited dog access rules. They are exempt from under control on-leash dog access rules.
Working dogs (includes disability assist and police dogs)
Dog access rules in Schedule 1 and Schedule 2 do not apply to any working dog accompanying and assisting a person with work, or accompanying a person genuinely engaged in the dog’s training.
Female dog in season
The owner of any female dog in season must ensure that dog does not enter or remain in any public place or private way unless that dog is completely confined in a vehicle or cage for the purposes of transportation, or the owner of that dog has the permission of the occupier or person controlling the public place (such as a veterinary clinic) in relation to the entry or presence of the dog, and complies with any reasonable conditions imposed.
Temporary Changes to Dog Access Rules
The council may make temporary changes to dog access rules in Schedule 1 and Schedule 2 in relation to leisure and cultural events (including dog friendly events), dog training, threatened or ‘at risk’ protected wildlife vulnerable to dogs, pest control in any park and/or beach, and events of a comparative nature.
Great Barrier Local Board 11 May 2016 |
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Attachment 2 – Decision-making framework
Local board delegations
Local boards are responsible for:
1. Amendments (including preparation, approval and review) to the Policy on Dogs in relation to any dog access rules in local park, local beach or local foreshore areas in their local board area subject to these being:
(a) consistent with the Policy on Dogs policy, principles and criteria for making dog access rules; and
(b) not inconsistent with any decision in relation to region-wide dog access rules.
(c) in accordance with relevant legislative requirements in particular the Local Government Act 2002 and Dog Control Act 1996.
2. A review in accordance with section 10(8) of the Dog Control Act 1996 of all dog access rules on any beach and foreshore area for which the Local Board has delegated authority.
(a) The review must have regard to the provision of under control off-leash at all times dog access areas;
(b) The review must be consistent with objective, policy 4 and associated principles, and criteria 3 to 3E inclusive of the Auckland Council Policy on Dogs.
(c) The review must not propose or result in dog access rules that are contrary to any region-wide dog access rule.
(d) For the avoidance of doubt the requirement to review beach and foreshore dog access rules does not preclude the inclusion of a review of any dog access rule on a park for which the local board has delegated authority.
(e) The review must comply with relevant statutory requirements, including section 10 and 20 of the Dog Control Act 1996 and sections 77, 78, 80, 81, 82 and 83 of Local Government Act 2002.
(f) Subject to resource and funding –
(i) A report on the review must be considered; and
(ii) If any changes to dog access rules are proposed, a statement of proposal for the purposes of public notification must be adopted,
by the local board no later than 12 months following the commencement of the Auckland Council Policy on Dogs.
(g) A recommendation by the local board on submissions to the statement of proposal (if any) must be adopted no later than 8 months after the close of submissions.
Requirements to advise and consult
When making or amending dog access rules, local boards:
· Must use the special consultative procedure in the Local Government Act 2002 (Dog Control Act 1996, S10)
· Must give notice of the proposal to register dog owners (Dog Control Act 1996, S10)
Requirements to have regard to
Local Government Act 2002
When making decisions in general, local boards must have regard to the decision-making and consultation requirements of Part 6 Sections 76 to 87 of the Act. This includes:
· defining the problem and outcome sought and considering reasonably practicable options to achieve the outcome
· inviting community views (including Maori), having regard to the significance of the matter
· explain any inconsistency with existing policies or plans
· prepare and invite people to have their say on a statement of proposal
· hear and consider submissions to the statement of proposal before making a final decision
· receive views with an open mind and giving them due consideration.
Dog Control Act 1996
When making or amending dog access rules, local boards must have regard to (S10(4)):
· the need to minimise danger, distress, and nuisance to the community generally
· the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults
· the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs
· the exercise and recreational needs of dogs and their owners.
These matters together with the consideration of wildlife protection are discussed under the Additional Background Information section of this document.
Auckland Council Policy on Dogs 2012
Policy Statement 4 - Dog safe access
Provide dog owners with reasonable access to public places and private ways in a way that is safe for everyone in accordance with the following principles:
(a) recognise dog owners as legitimate users of public places
(b) integrate (not separate) dog owners and their dogs with other users of public places
(c) provide opportunities for dog owners to take their dog to public places that are accessible, desirable, and provide diversity of experience (sights, sounds, smells, textures, other dogs and humans) for both the dog and owner
(d) consider access on a comprehensive region-wide basis rather than a place-by-place basis
(e) manage the safe interaction between dogs and people using public places and private ways, in particular with children and vulnerable adults
(f) manage the conflict between dogs and protected wildlife, stock, poultry, domestic animals, property and natural habitat.
Types of dog access rules:
(a) prohibited area – a place where dogs are prohibited. Other users have absolute priority over dogs
(b) on-leash area – a place where dogs must be on a leash and under control. A place shared with other users
(c) off-leash area – a place where dogs may be off a leash but must still be under control. A place shared with other users
(d) designated dog exercise area – a place identified as for dog owners to take their dogs off a leash (including a known dangerous dog) but must still be under control. Dog owners are a priority user.
Policy Methods
· there should be at all times a default access rule
· the following summer time and season standard should be considered wherever a time and season rule is deemed appropriate to manage the safe interaction between dogs with their owners and people without dogs:
Summer season period - Labour Weekend to 1 March |
|
10am to 5pm |
Before 10am and after 5pm |
Local board to decide appropriate level of access (off-leash, on-leash or prohibited) |
Local board to decide appropriate level of access (off-leash, on-leash or prohibited) |
Other seasons (e.g. winter) |
|
Local board to decide times |
Local board to decide times |
Local board to decide appropriate level of access (off-leash, on-leash or prohibited) |
Local board to decide appropriate level of access (off-leash, on-leash or prohibited) |
The local board must decide whether or not using the standard times and season would contravene the local board’s statutory obligation to provide for public safety and comfort. For instance, if there are continued high levels of use of beaches beyond the times and dates specified in the standard, local boards must decide on an alternative that extends the summer times and dates to reflect this. Where an alternative time and season is adopted, approval is required from the Auckland Council Governing Body.
· the policy on dogs also provides criteria[4] for consideration before making the following possible changes to dog access rules that would:
o provide more dog access and associated risk considerations
o provide less dog access and associated alternative dog access solutions
o identify a park or beach as a designated dog exercise area.
3B Before making any change to a dog access rule on parks and beaches 3
(a) Identify and assess current and future uses of the place and any conflict that may exist or arise 4;
(b) Identify dog access rules in the vicinity.
3C Before making any change to a dog access rule on parks and beaches 3 that would provide more dog access (e.g. on-leash to off-leash), ensure the change would not result in any significant risk 5 –
(a) To any person (in particular children or the elderly);
(b) To any protected wildlife vulnerable to dogs (in particular ground nesting birds)
(c) To any stock, poultry, or domestic animal;
(d) To property (e.g. natural habitat and public amenities);
(e) This may include implementing design and/or management solutions.
3D Before making any change to a dog access rule on parks and beaches 3 that would provide less dog access (e.g. off-leash to on-leash or prohibited) –
(a) Ensure that alternative design and/or management solutions are not practicable to address the conflict between uses of the place 6; and
(b) Ensure, to the extent that is practicable, that displaced dog owners and their dogs have access to other places or that such access is provided as part of the same decision.
3E Before making any change that identifies a park or beach 4 as a designated dog exercise area, ensure the –
(a) Matters contained in 3C are satisfied;
(b) Area is well-located with vehicular and pedestrian access;
(c) Area has clearly visible boundaries on the ground to dog owners and people without dogs. This may be achieved through transition zones, vegetation, topography and fencing. This criterion is not intended to require fully fenced areas to contain all types of dog. Boundary treatment will vary depending on the risks identified;
(d) Area is of sufficient size to provide dog owners with a satisfactory experience. Size is relative to the type (size) of dogs. This criterion is not intended to require the area to provide for the needs of all types (sizes) of dog;
(e) Area has sufficient sight lines that enable dog owners to be aware of the presence of other dogs and their owners. This requires a balance to provide access to areas that are desirable and provide an experience;
(f) Area has adequate signage; and
(g) Provision of dog owner and dog amenities has been considered (e.g. seats, bins and bag dispensers for dog faeces, water stations).
(h) These criteria (3E) do not apply to existing designated dog exercise areas identified before 01 July 2013.
Additional background information
The matters that the local board is required to consider under the Dog Control Act 1996 and Auckland Council Policy on Dogs 2012 can be summarised as the need to consider public safety and comfort, the needs of dog owners and the protection of wildlife.
Safety and comfort of the general public
Dog access rules can assist in contributing to the safety and comfort of people in public places.
When considering public safety and comfort the issues of ‘safety’ and ‘comfort’ need to be considered as two separate aspects. Research indicates that the main issue with dogs (specifically off-leash dogs) is a comfort issue and that the risk of dog attacks in public places is low. Notwithstanding this, any dog attack in a public place can have a serious and lasting impact and the potential for this has to be taken into consideration.
Safety is primarily about the risk of dog attacks in a public place.
Primary research undertaken for the Auckland Council Dog Management Bylaw 2012 identified that in 2010 the top three dog related complaints[5] were roaming, barking and dog attacks or aggression.
Key points from this research include:
· dogs that roam unaccompanied by their owners account for just over half of all dog related problems
· dogs that persistently bark or howl account for one third of all dog related problems
· dogs that attack, rush or are aggressive to people or animals account for just over a tenth of all dog related problems.
· Dog attacks on people account for less than three per cent of complaints.
The research identified that the most common location of reported dog attacks on people was outside the owner’s property (36 per cent). However, it should be noted that based on ACC injury statistics, the reported incidents are estimated to only account for less than a third of actual dog attacks[6]. A possible reason for lack of reporting, particularly in public places, may be an inability to identify the details of a dog or their owner in order to make a complaint. As such it is difficult to provide factual evidence regarding the risk of dog attacks at local beaches and parks.
Comfort is more generally about the public’s level of concern about dogs; any perceived risk of intimidation or attack, as well as the nuisance factor of dogs in public places.
This aspect is more problematic to assess and quantify. While it is noted that most dog owners consider their pet to be friendly and would not wilfully harm anyone, to another member of the public, the presence of an unknown unleashed dog may engender fear or intimidation. This is particularly within a confined area such as a boardwalk or narrow bush walk.
As part of public surveys conducted for the dog access reviews in 2014 and 2015, approximately 60 per cent of urban non-dog owner respondents did not want an unknown dog approaching.
These results indicate that for the comfort of people to be maintained, dogs need to be effectively controlled in the proximity of non-dog owners, particularly around vulnerable people, so that any interactions are positive for the owners, their dogs and non-dog owners.
Dog access rules can help in managing these interactions.
Recreational and exercise needs of owners and their dogs
Dog access rules help provide for the health and well-being of dogs and their owners.
Walking a dog is an important form of regular exercise for many dog owners. A study in Manukau shows that 50 per cent of dog owners say it was their main form of exercise[7]. Supervised interaction for dogs with other dogs and people is also important for the socialisation of a dog.
It is generally accepted that areas to walk a dog (either on a leash or off a leash) that are easily accessible, desirable, and provide diversity of experience for both the dog and owner, is important.
Wildlife considerations
Under the Dog Control Act 1996, it is an offence to allow dogs to roam or attack protected wildlife. Penalties include seizure and destruction of the dog; owner imprisonment for a term not exceeding three years, or a fine not exceeding $20,000, or both. Under section 63 of the Wildlife Act 1953 it is an offence to kill or disturb wildlife. Penalties for individuals include imprisonment for a term not exceeding two years, or a fine not exceeding $100,000, or both.
A number of wetland and shorebirds are vulnerable to dogs as they nest, roost, breed or feed in wetland or inter-tidal areas. For some species, including the New Zealand Dotterel, the presence of dogs can cause ground-nesting birds to leave the nest resulting in loss of clutches and broods and disrupted feeding which is particularly important for migratory birds.
A review of dog access rules should therefore also take wildlife concerns into account, particularly in relation to vulnerable species, in order to support the following goals:
· protection of wildlife, in particular vulnerable species
· the reduction of the risk to dog owners of incurring penalties under both the Dog Control Act 1996 and the Wildlife Act 1953.
Practical requirements
The most important practical requirement is to make dog access rules easy to understand ‘on the ground’ and by the general public. The review programme aims to provide more certainty for dog owners and non-dog owners by clearly providing information where dogs are able to be taken either off a leash or on a leash to support compliance issues.
Attachment 3 - Analysis of types of types of dog access
Under control off-leash at all times
Under this form of access dogs are allowed off a leash provided that a dog is ‘under control’. ‘Under control’ is defined within the bylaw as “that the owner is able to obtain an immediate and desired response from the dog by use of a leash, voice commands, hand signals, whistles or other effective means”.
The benefits of this option are that:
· provides for the needs of dog owners on beaches and parks by providing an outlet for dogs when there are restrictions on dogs on other higher use areas
· are best suited to beaches that predominantly have linear (walking or running) activities rather than sand based activities, or have a low intensity of use.
The disadvantages of this option are that:
· does not generally provide for the comfort of non-dog owners on beaches and parks to the levels identified within the online.
Under control on-leash at all times
Under this form of access dogs are allowed under control on a leash at all times.
The benefits of this option are that:
· allows for the integration of dogs and their owners in spaces while maintaining public safety and comfort for the general public
· provides for the needs of dog owners by providing an opportunity to walk or run their dog but has limited use for fetch activities (ie. throwing balls or sticks)
· assists in the protection of public comfort of non-dog owners as the majority do not want to be approached by unknown dogs
· can help protect wildlife.
The disadvantages of this option are that:
· does not provide for the needs of dog owners for fetch activities.
Prohibited at all times
Under this form of access dogs are prohibited at all times from an area.
The benefits of this option are that:
· provides for public safety and comfort on high use beaches and parks
· provides an alternative when other beaches or park areas may have off-leash access rules, particularly for members of the general public who are nervous about dogs or avoid visiting a beach or park because of the presence of dogs
· can help protect wildlife.
The disadvantages of this option are that:
· does not provide for the needs of dog owners
· prohibiting dogs on a particular area can restrict the through fare of dogs which can restrict the uses of or effectiveness of other adjoining on-leash or off-leash areas for walking or running access and the needs of dog owners.
Time and season
A time and season access rule is a method of sharing a space between dog owners and non-dog owners based on time slots rather than defined areas.
The benefits of this option are that:
· provides a balance between public safety and comfort and the needs of dogs and their owners when a beach or park is busy while providing for the needs of dog owners at less busy times
· extending a time and season rule from a beach to an adjacent park allows for an integrated approach to a defined public area, particularly for small slips of land or parks adjacent to beaches.
The disadvantages of this option are that:
· when applied to adjacent parks, when the access rule on the beach is prohibited, prohibiting dogs on a particular park can restrict the through fare of dogs which can restrict the uses of or effectiveness of other adjoining on-leash areas for walking or running access and the needs of dog owners.
Great Barrier Local Board 11 May 2016 |
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Attachment 4 – Results from online survey
Summary of results
Total responses |
43 |
|
Dog owners |
39% |
% of residents |
49% |
|
Non-Dog owners |
61% |
Due to the low numbers of responses for Great Barrier Island caution need to be taken when making generalisations to the wider population on Great Barrier Island.
Preferences relating to beach and foreshore:
· The views of respondents to the survey are as follows:
Dog owners |
Non-dog owners |
Summer – 1 December to 31 March |
Summer – Labour Day to 31 March |
Under control off-leash |
Under control on-leash |
Winter |
Winter |
Under control off-leash |
Under control on-leash |
· non-dog owners generally do not want unknown dogs approaching them while at the beach (17 of 21 respondents) with 5 respondents saying that they were nervous around dogs and avoid beaches if there are likely to be dogs there
· dog owners generally do not mind being approached by dogs (13 of 17 respondents), while only a third of non-dog owners expressed this view.
The following tables identify the top beaches and parks that respondents liked to visit and to take their dog off a leash. As a number of the respondents to the survey are not full time residents on Great Barrier Island some of the areas identified are located on mainland Auckland.
Great Barrier Local Board 11 May 2016 |
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The tables below provide an analysis of responses to the preferences for dog access rules. The overall preference for each time slot are shown a Green for under control off a leash, Orange for under control on a leash and Red for prohibited.
Where is not a majority view for any one preferred access rule an under control off a leash access rule is applied as it assumes that a respondent seeking under control off a leash access would prefer under control on a leash access rather and a prohibited access control. Similarly it assumes that someone with a preference for a prohibited access control would prefer under control on a leash to allowing under control off a leash dog access.
Great Barrier Local Board 11 May 2016 |
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Attachment 5 – Biodiversity memo
Memo 15 February 2016
To: Great Barrier Local Board
cc: Rachel Kelleher, Biodiversity Manager
Justin Walters, Policy Analyst – Social Policy & Bylaws
From: Ben Paris, Senior Biodiversity Advisor,
Tim Lovegrove, Senior Regional Advisor (Fauna)
Subject: Dog Access Rules Review for the Great Barrier Local Board
The purpose of this memo is to identify biodiversity issues / wildlife concerns associated with dog access on particular areas of local park land within the Great Barrier Local Board area and to provide recommendations on how these could be managed through dog access rules.
Background
Within the local board area the wildlife concerns relating to dog access are primarily around seabirds, shorebirds, wetland and saltmarsh birds.
Vulnerable species
The primary wildlife concerns for the Great Barrier Local Board include the following bird groups:
· Seabirds
· Shorebirds
· Wetland and saltmarsh birds
The species and wildlife issues are summarised below.
Seabirds and shorebirds
Sea and shorebirds that could be affected by dogs on Great Barrier are:
· Little penguin (Conservation status: At Risk – Declining)
· Black petrel (Conservation status: Threatened – Nationally vulnerable)
· Cook’s petrel (Conservation status: At Risk - Relict)
· Grey-faced petrel (Conservation status: Not Threatened)
· Little shag (Conservation status: Not Threatened)
· Pied shag (Conservation status: Threatened – Nationally vulnerable)
· Black shag (Conservation status: At Risk - Naturally uncommon)
· Little black shag (Conservation status: At Risk - Naturally uncommon)
· White-faced heron (Conservation status: Not threatened)
· Royal spoonbill (Conservation status: At Risk - Naturally uncommon)
· NZ dotterel (Conservation status: Threatened – Nationally vulnerable)
· Wrybill (Conservation status: Threatened – Nationally vulnerable)
· Variable oystercatcher (Conservation status: At Risk – Recovering)
· Pied oystercatcher (Conservation status: At Risk – Declining)
· Bar-tailed godwit (Conservation status: Migrant)
· Lesser knot (Conservation status: Migrant)
· Pied stilt (Conservation status: At Risk – Declining)
· Black-backed gull (Conservation status: Not Threatened)
· Red-billed gull (Conservation status: Threatened – Nationally vulnerable)
· White-fronted tern (Conservation status: At Risk – Declining)
· Caspian tern (Conservation status: Threatened – Nationally vulnerable)
Seabirds such as little penguins are especially vulnerable to dogs when they come ashore along the coast at dusk and when they go back to sea at dawn. Penguins and their young are also vulnerable in their nesting burrows, which dogs easily locate by scent. Penguins also spend 3-4 weeks ashore moulting in late summer, when they are unable to go back to sea and do not feed. They are especially vulnerable to dogs during this period.
Shorebirds and their young are vulnerable to dogs at nests, high-tide roosts and intertidal feeding areas.
Nests: Shorebirds build well-camouflaged nests in scrapes in the sand or shell. Nests, eggs and young are very easily crushed by beachgoers and their dogs, and dogs can quickly locate and eat the flightless young even though they are very well camouflaged. When disturbed, by people or dogs, adult birds leave their camouflaged eggs or young, which can expose eggs to overheating in the sun or excessive cooling, and the young to predation by gulls.
High-tide roosts: Shorebirds roost at high tide on secluded beaches, shell banks and some open grassy areas near the coast. Roosting shorebirds are very easily disturbed by people and their dogs. Since roosts are usually localised and scarce the birds may have few other places to go following disturbance.
Intertidal feeding areas: Shorebirds can be harassed by off-leash dogs at their intertidal feeding areas. For some species such as the migratory bar-tailed godwit and lesser knot, harassment at feeding and roosting sites compromises body condition as the birds prepare for their long migration flight to their Alaskan and Siberian breeding grounds.
Wetland and saltmarsh birds
Wetland and saltmarsh birds are most vulnerable to dogs at their nests. These are built on the ground in dense vegetation. Although nests are secluded and well camouflaged, they can easily be located by predators hunting by scent.
· Grey duck – Feeds in wetland areas and nests are built on the ground where they are hidden in dense vegetation on wetland margins
(1)
· Brown teal/pateke - Feeds on the intertidal zone and in wetland areas and damp pasture, especially at night. Roosts under sheltered overhangs and in the open. Post-breeding flocks occur on some streams near coast. Nests are built on the ground where they are hidden in dense vegetation on wetland margins
(2)
· Australasian bittern - Nests are usually well hidden in dense reeds and raupo. The young spend nearly two months in the nest, and are vulnerable to predation during that time.
(3)
· Banded rail - Nests are often located in sedges and rushes growing on the margins of wetlands and saltmarshes where dogs can easily find them.
· Spotless crake and North Island fernbird – Nests are hidden near the ground in dense vegetation within easy reach of dogs and other predators.
Conservation status of wetland and saltmarsh birds
· Grey duck (Conservation status: Threatened – Nationally critical)
· Brown teal/pateke (Conservation status: At Risk – Recovering)
· Australasian bittern (Conservation status: Threatened – Nationally endangered)
· Banded rail (Conservation status: At Risk - Naturally uncommon)
· Spotless crake (Conservation status: At Risk - Relict)
· North Island fernbird (Conservation status: At Risk – Declining)
Table of biodiversity issues per location
Specific locations that have biodiversity / wildlife concerns are listed in the following table along with the reasons for that concern and the recommended action(s) regarding dog access.
This table of information is provided in support of the Dog Access Rules Review undertaken by the Social Policy & Bylaws team.
Great Barrier Local Board 11 May 2016 |
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Biodiversity Issues for the Dog Access Review for the Great Barrier Local Board Area
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Name of park, beach, foreshore or biodiversity area of concern |
Brief description of what is included in this area / park (please note SEA area where relevant) |
Category and brief explanation of the issue with having a dog in this area (shorebirds, wetlands/ saltmarsh birds, penguins, kauri) |
Recommendations in regards to dog access in this area (off-leash or on-leash, banned) |
Extra explanatory notes |
Okupu Beach and Okiwi airfield area |
|
A significant area for shorebirds such as NZ dotterels and variable oystercatchers exists on the beaches, foreshore and estuary at Whangapoua. Saltmarsh and scrubland areas around the edges of the estuary form important habitat for wetland, saltmarsh and scrubland birds such as grey duck, brown teal, bittern, banded rail, spotless crake and fernbird.
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Under control off-leash exercise area at existing site beside airfield. Dogs prohibited from all scrubland, salt marsh, intertidal and foreshore areas. |
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Awana Beach |
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This is a significant area for shorebirds such as NZ dotterels and variable oystercatchers. Penguins also nest, roost and moult in the dune lands behind Awana Beach and also along the adjacent rocky coastline. |
Under control off-leash only on grassy areas of council reserve. Dogs prohibited from all foreshore, dune and intertidal areas between August and February inclusive to protect nesting penguins and shorebirds. On-leash on foreshore areas from March to July inclusive. |
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Medlands Beach |
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This is a significant area for shorebirds such as NZ dotterels and variable oystercatchers. Penguins come ashore to roosting, moulting and breeding sites along rocky sections of the coast, in the dune lands and also further inland. |
Under control off-leash only on grassy areas of council reserve. Dogs prohibited from all foreshore, dune and intertidal areas between August and February inclusive to protect nesting penguins and shorebirds. On-leash on foreshore areas from March to July inclusive. |
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Mulberry Grove Beach |
SEA-M2-123w1 |
The intertidal area is a feeding ground for shorebirds and brown teal. |
Under control off-leash only on grassy areas of council reserve. Dogs prohibited from all intertidal areas. |
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Great Barrier Local Board 11 May 2016 |
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Submission Form Proposed changes to dog access in the Great Barrier Local Board area
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The Great Barrier Local Board is seeking your views on proposed changes to where you can walk your dog. Please read the full proposal for the proposed changes, or a summary, before making your submission. Copies can be viewed: • at shapeauckland.co.nz • at Auckland Council libraries and offices • or phone us on (09) 301 0101 Submissions close on 17 July 2015. At a later date, the Great Barrier Local Board will hold hearings to consider all submissions. |
Please note that in accordance with the Local Government Act 2002, all submissions (including personal details of submitters – names, phone numbers and addresses) will be made public. Submissions can be sent to: Submissions: Proposed changes to dog access Attn: Planning Technician Auckland Council, Private Bag 92300 Auckland 1142 Or: · make an online submission at shapeauckland.co.nz · scan and save your submission as a pdf and email it to bylaws@aucklandcouncil.govt.nz |
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Your contact details For your submission to be valid you must include your full name together with a postal and/or email address. If you wish to speak at a hearing, please also provide a contact phone number so we can arrange a suitable time and location for you to speak. Please print clearly.
First name: Surname:
Organisation/Company: Contact phone:
Postal address:
Post code:
Email address: Local board area:
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Your submission
1. I agree with the following parts of the proposal. My reasons are:
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2. I disagree with the following parts of the proposal. My reasons are:
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3. My further comments on the proposal are:
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Date of submission: Signature:
Thank you for taking the time to submit your feedback.
Checklist for submitters:
1.
Have you included your full name and postal and/or email address?
2.
Have you told us if you want to speak at the hearing?
3. Have you attached any additional pages or supporting documents?
11 May 2016 |
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Quarterly Performance Report for the three months ending 31 March 2016
File No.: CP2016/03771
Purpose
1. To update the Great Barrier Local Board on progress towards their objectives for the year from 1 July 2015 to 30 June 2016 as set out in the local board agreement.
Executive Summary
2. A financial performance report is presented to the local boards for the accounting quarters ending September, December, March and June.
3. To improve overall performance reporting the Financial Advisory Services – Local Boards team produces a combined quarterly financial report and department report.
4. The attached omnibus consolidation contains the following reports this quarter.
· Local board financial performance report
· Local Community Services (incl. libraries) activity overview
· Local Sports Parks and Recreation overview
That the Great Barrier Local Board: a) note the Quarterly Performance Report for the Great Barrier Local Board for the three months ending 31 March 2016. |
Consideration
Local Board Views and Implications
5. This report informs the Great Barrier Local Board of the performance for the year to date for the period ending June 2016.
Maori Impact Statement
6. Maori as stakeholders of the council are affected and have an interest in any report on financial results. However this report does not impact specific outcomes or activities. As such the content of this report has no particular benefit to, or adverse effect on Maori.
General
7. This is the financial report for the nine months year to date for the Great Barrier Local Board for the financial year ending 30 June 2016; the next report will be presented to the board in August 2016.
No. |
Title |
Page |
aView |
Great Barrier Local Board Quarterly Performance Report for the three months ending 31 March 2016 |
181 |
Signatories
Authors |
Jane Koch - Lead Financial Advisor |
Authorisers |
Christine Watson - Manager Financial Advisory Services - Local Boards John Nash - Senior Local Board Advisor |
11 May 2016 |
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Auckland Transport Quarterly Update to Local Boards
File No.: CP2016/08132
Purpose
1. The purpose of this report is to inform local boards about progress on activities undertaken by Auckland Transport (AT) in the three months 1 January – 31 March 2016.
Attachments include:
A – Auckland Transport activities
B – Travelwise Schools activities
C – Decisions of the Traffic Control Committee
D – Report against local board advocacy issues
That the Great Barrier Local Board: a) Note the Auckland Transport Quarterly update to Local Boards
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Significant activities during the period under review
Strategy and Planning
2. Transport for Future Urban Growth (TFUG)
Under the new business case approach AT has got approved funding to develop growth related Programme Business Cases (PBCs) to identify the transport infrastructure needed within the next 30 years for the following growth areas identified in Auckland Council's Future Urban Land Supply Strategy: The areas to be assessed are the Northwest, Southern Northern and Warkworth.
A multi-disciplinary and cross organisational team has been developed and is currently working from a co-located space on the four areas. Councillors, Local Boards, Iwi, Developers and other Stakeholders have been informed and Public Consultation has taken place. Sequencing Workshops have been scheduled for 22nd and 23rd of March. 2nd round of Public Consultation has been scheduled from 15th April.
3. Central Access Strategy
A Programme Business Case for the Central Access Plan (Isthmus to City Centre) is jointly being developed with New Zealand Transport Agency (NZTA) and Auckland Council. It is anticipated that a preferred programme which identifies a series of interventions to resolve growing bus patronage demands against corridor/terminus capacity constraints will be provided to the NZTA Board in May for their approval.
Public Transport (PT) Development
4. City Rail Link
Enabling Works ECI Contract 2,
construction of pipe jack (services relocation) commenced (Albert Street) 21
December 2015; Enabling Works Contract 1, Britomart to Lower Albert Street and
Contract 2, Lower Albert Street to Wyndham Street, to commence in May 2016.
Main Works: Construction start 2018/19 FY subject to funding agreement with
Government.
5. Double Decker Network Mitigation works
Mitigation works on identified risks for Double decker buses such as building verandas, street furniture, signage, low hanging power/phone lines, service poles, overhanging trees, and low bridge structures to allow the safe passage of double decker buses. Botany route is cleared for double decker bus with some minor works on defects list to be completed. Mt Eden and Northern Express bus routes to be cleared in March 2016.
6. PT Safety, Security and Amenity
An evaluation is underway of the benefits of installing ticket barriers at selected stations on the network to improve safety and security. Current projects include completion of Ellerslie Station canopies, upgrade to Morningside Level Crossing and electronic gating at Manurewa Station. Onboard train digital information screens will commence testing in April.
PT Facilities Infrastructure Development
· Wharf Renewals
Currently underway with the design of a number of urgent wharf renewal project requests received from AT Metro (25th Feb). These are targeted to be completed by 30 June 2016. We are on track to deliver these.
· Bus Infrastructure Improvements
Still on target to spend the $4.7m budget. A significant number of physical works will be undertaken over May & June.
PT Operations
7. Highlights for the quarter
Rail patronage growth continues at around 20% year-on-year, and the month of March saw more than 1.6 million passenger journeys on the network, the highest month on record. Service delivery has maintained levels of around 95% of services arriving at the destinations on-time. The new operator tender process has been placed on hold, with the current contract with Transdev being conditionally extended for a period of up to 12-24 months, while the impacts on the rail services contract of long term projects such as CRL are assessed.
8. Integrated Fares
The 28 February 2016 annual AT Metro fare review included final fare zone boundary alignment between bus and rail prior to mid-2016 integrated fares implementation, including alignment at Orakei of two zone rail from the CBD with the existing two zone bus and removal of the inner CBD and airport mini-zones. An independent review of the proposed integrated fares product structure and price modelling by Deloitte is nearing completion and will support a final recommendation to the AT Board in April.
Road Design and Development
9. SMART (Southwest Multi-modal Airport Rapid Transit)
Future proofing of the SMART route on Kirkbride (trench) intersection is progressing together with the infrastructure works by Highway Network Operations of NZTA. This element of the project is expected to be complete in 2022. Funding application is in progress with NZTA. We are working with the East West team to ensure the projects are well aligned at the critical points. The indicative business case is being updated for LRT and heavy rail. The cycle strategy for the wider Mangere area is underway.
Services
10. Whangaporaoa Road Dynamic Lane Trial
In the last quarter designs for the trial along Whangaporaoa Road (between Red Beach Road and Hibiscus Coast Highway) have been assessed. A driver behaviour survey was undertaken, to understand perceptions of the trial and responses to a simplified scheme using just Light Emitting Diode (LED) in road markings. The purpose of this was to test reactions and guide design requirements for signage and LED requirements. The survey illustrated 21 scenarios with different markings and LED lights along the route i.e. no signage or overhead lane control arrows were assumed).
The outcome of the survey showed the following:
Positives recognised: Improves traffic flow Flexible traffic control Better use of road space Increases road capacity |
Concerns raised: Confusing Accident risk Unclear (lane direction) – Need clear signage Need to educate
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Understanding gained from the driver perception survey and traffic condition surveys will be applied to the design before consultation is undertaken.
11. Auckland Bike Challenge
The Auckland Bike Challenge was undertaken in February encouraging businesses and workplaces to support staff to cycle. The month-long online challenge has had a significant success in encouraging greater uptake of cycling in Auckland. It has been well supported by key stakeholders including Healthy Auckland Together, Auckland Regional Public Health, the Sustainable Business Network and Bike Auckland. A total of 166 workplaces took part, and over 2,860 people registering to ride a bike in February including 600 new cyclists. A total of 23,111 trips were logged amounting to over 329,374km travelled by bike.
12. Personalised Journey Planning for commuters
Three Personalised Journey Planning (PJP) projects are underway in Kingsland/Morningside, Hauraki/Belmont and Stonefields residential areas. These are key areas for commuters to the city centre and reflected congested corridors on the network. Residents in each area who currently drive alone in peak times were offered personalised journey planning advice on other suitable modes of transport, and those that commit to trialling a new option are provided with supporting incentives. The goal of these projects is to encourage residents to make a long-term change, supporting modal share changes and reducing morning peak congestion.
13. Safer Communities
The Safer Communities programme is now underway with the Community and Road Safety team working more intensively in high risk communities to increase safe access to active and sustainable transport modes. Community Transport team have delivered two safer Communities workshops for lead teacher and school management. These workshops were designed to provide information on the new delivery model for high risk communities and very successful with 21 school attending. This was followed by two lead teacher workshops for the schools outside of the high risk communities.
14. Walking School Bus - Walking School Bus Week: 15th- 19th February
Pedestrian safety is a high priority in the Auckland Region with an upward trend in Deaths and Serious Injuries (DSI) over the past five years. The Walking School Bus (WSB’s) Programme has an important role in improving pedestrian safety around schools while also reducing morning peak congestion. The Community and Road Safety team developed and delivered the first regional WSB’S promotion week for primary schools across the Auckland region. The key objective was to raise awareness of the benefits of the programme, seek more participation from parents and students as well as highlighting the road safety benefits the programme brings.
Currently, there are 154 schools in Auckland have WSB (out of 345 total schools in Auckland with primary aged students) with over 4000 children on WSB routes and more than 1000 volunteers. During the week, more than 4900 students registered to participate in the themed days across the week. AMI Insurance sponsored Thursday’s ‘Be Bright Be Seen’ theme day with guest walkers including Jerome Kaino and Police dogs, who walked with WSBs across the region. WSB Week was a great success with positive media promotion including interviews on Radio Live, Stuff.co.nz, and articles in local papers.
15. Road Corridor Delivery
The Assets and Maintenance Group is tasked with the responsibility for a wide range of activities within the Road Corridor. These include but are not limited to:
· The Delivery of roading and streetlight maintenance and renewal programmes.
· Managing the access, co-ordination and traffic management impacts of activities taking place within the road corridor.
· Promoting design innovation and efficiency around how work is carried out on the network.
· The development of long term asset management plans and modelling which support the decision making process around the management of our roading assets.
16. Key Highlights
In the 2015/2016 financial year we are planning to deliver 37.7 km of pavement rehabilitation, 480.1 km of resurfacing (this includes 88.9 km of hotmix and 391.2 km of chip sealing), 75.7 km of footpath renewals and 82.7 km of kerb and channel replacement.
Table 1: Progress against Asset Renewal Targets
Note* data is to February 2016
We are 81% of the way through our Pavement Rehabilitation projects. Table 2 following table outlines where key projects have been completed:
Table 2: Completed Rehabilitation Projects
Kohimarama Rd |
Ranui Station Rd |
Edmonton Rd |
Robertson Rd |
Linwood Rd |
Te Irirangi Dr (Eastbound lanes) |
Ormiston Rd |
Whitford Road |
Glenbrook Rd |
Clyde Rd |
Lakeside Dr |
Maygrove Dr |
Bringham Creek Rd |
Mokoia Rd |
Kahika Rd |
Diana Dr |
Glenmore Rd |
South Head Rd |
Waitoki Rd |
Mahurangi East Rd |
Hector Sanderson Rd |
Rathgar Rd |
Wairau Rd |
Apirana Ave |
Palm Rd |
Access Rd |
Riverhead Rd |
Swaffield Rd |
McAnnalley St |
Botany Rd |
Prince Regent Rd |
College Rd |
Hunua Rd |
Roscommon Rd |
Bairds Rd |
The following table outlines the key priojects which are currently underway and are due for completion in Quarter 4
Table 3: Rehabilitation Projects still underway
St George Street |
Cavendish Dr |
Don Buck Rd |
Sabulite Rd |
The Drive |
Gordons Rd |
Kaipara Portage Rd |
Woodcocks Rd |
Prochester Rd |
Great Sth Road |
Wellington St/ Vincent St Roundabout. |
Te-Irirangi Drive |
Constable Road |
Kitchener Rd |
Nelson St (Pukekohe) |
Whitford Maraetai Road |
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Year 5 (2015/16) of the UFB rollout is continuing and planning for Year 6 (2016/17) has already commenced.
No. |
Title |
Page |
aView |
Schedule of activities undertaken for the third quarter (2015/16) ending 31 March 2016 |
209 |
bView |
Travelwise Schools activities broken down by local board |
217 |
cView |
Traffic Control Committee Decisions broken down by local board |
219 |
dView |
Local Board Advocacy Report |
221 |
Signatories
Author |
Ivan Trethowen – Auckland Transport Elected Member Relationship Manager |
Authoriser |
Jonathan Anyon - Auckland Transport Elected Member Relationship Team Manager |
11 May 2016 |
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Panuku Development Auckland Local Board Six-Monthly
Update 1 July to 31 December 2015
File No.: CP2016/00182
Purpose
1. To give the Great Barrier Local Board an overview of Panuku Development Auckland. The report also notes any major issues, projects and activities within the Local Board area for the six months 1 July to 31 December 2015.
Executive Summary
2. Panuku Development Auckland (Panuku) was established in September 2015 as a result of the merger of two CCOs – Waterfront Auckland and Auckland Council Property Limited (ACPL).
3. Panuku helps to rejuvenate parts of Auckland – from small projects that refresh a site or building, to major transformations of town centres or neighbourhoods.
4. Comprised of five Directorates, Panuku manages around $1 billion of council’s property portfolio, which we continuously review to find smart ways to generate income for the region, grow the portfolio or release land or property that can be better used by others.
5. Panuku works with government, iwi, not-for-profit and private organisations. We use our skills, knowledge and connections to bring land and resources together to create the best outcome for Aucklanders.
6. The attached report provides an overview of how Panuku is structured. The report gives a flavour of what each Directorate is responsible for and drills down to team level, explaining roles and responsibilities across the organisation.
7. The report also provides an update of major issues, projects and activities relevant for the Great Barrier Local Board for the six months July – December 2015
8. Attachments to this six-monthly update include: Framework of Strategic Documents (Attachment A) and the Local Board Engagement Plan (Attachment B).
That the Great Barrier Local Board: a) receive the Panuku Development Auckland Local Board Six-Monthly update 1 July to 31 December 2015.
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No. |
Title |
Page |
aView |
Panuku Development Auckland Local Board Six-Monthly Update 1 July to 31 December 2015 |
225 |
bView |
Attachment A: Framework of Strategic Documents |
231 |
cView |
Attachment B: Local Board Engagement Plan |
233 |
dView |
Attachment C: Overview of Panuku Development Auckland Properties Managed in the Great Barrier Local Board area available separately |
245 |
Signatories
Author |
Sven Mol - Engagement Coordinator |
Authorisers |
Toni Giacon - Team Leader Stakeholder and Community Engagement John Nash - Senior Local Board Advisor |
11 May 2016 |
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Placeholder for Attachment 4
16. Panuku Development Auckland Local Board Six-Monthly Update 1 July to 31 December 2015.DOC
Attachment C: Overview of Panuku Development Auckland Properties Managed in the Great Barrier Local Board area available separately
11 May 2016 |
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Contributions Policy Variation A
File No.: CP2016/08118
Purpose
1. The purpose of this report is to brief you on proposed variations to the 2015 Contributions Policy. Feedback is sought from Local Boards on the proposed changes.
Executive Summary
2. At its meeting on 17 March 2016 the Finance and Performance Committee adopted for consultation a proposal to amend the 2015 Contributions Policy to refine the parks (reserve acquisition, reserve development and community infrastructure activities) and stormwater funding areas, along with some minor definition changes.
3. Consultation with the public has been undertaken between 1 April 2016 and 21 April 2016. A consultation document, including the proposed policy variation is available on Shape Auckland. An event was held on 19 April 2016 to provide an opportunity for interested parties to present their views in person.
4. Staff will report the results of consultation and local board feedback to the Finance and Performance Committee in June 2016. Any amendments to the policy will take effect from 1 July 2016.
Proposed changes
5. The variations to the policy propose increasing the number of funding areas for stormwater from 22 to 36 and parks from 4 to 26. These changes reflect:
· geographic characteristics of stormwater and parks (reserve acquisition, reserve development and community infrastructure activities) usage
· growth priority areas
· desire for a stronger connection between where development contributions are collected and spent
· retention of the flexibility to amend plans to accommodate changes in the pattern of planned growth.
6. The proposed funding areas retain the flexibility to accommodate special housing areas and spatial priority areas and to respond to changes in the forecast patterns of growth.
7. The proposed changes do not affect the capital projects in the Long-term Plan 2015-2025.
That the Local Board provides any views it may have on proposed variations to the 2015 Contributions Policy for the Governing Body to consider.
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Consideration
Significance of Decision
8. Adoption of a variation of the contributions policy is not a significant decision.
Local Board views and implications
9. Local boards provided feedback through the Long-term Plan 2015-2025 consultation process seeking a stronger connection between where development contributions were collected and where they were spent.
10. A number of local boards suggested that funding areas should be more locally focused. The proposal to increase the number of funding areas is consistent with this view.
Māori impact statement
11. Council does not hold information on the ethnicity of developers. The impact on Māori will be similar to the impact on other residents and ratepayers.
Legal and Legislative Implications
12. The options presented in this report comply with the requirements of the Local Government Act 2002.
No. |
Title |
Page |
aView |
Contributions Policy 2015 Variation A |
249 |
bView |
Contributions Policy – report to 17 March Finance and Performance Committee |
259 |
Signatories
Authors |
Felipe Panteli - Senior Policy Advisor Andrew Duncan - Manager Financial Policy |
Authorisers |
Matthew Walker - GM Financial Strategy and Planning Karen Lyons - Manager Local Board Services |
11 May 2016 |
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File No.: CP2015/11096
Executive Summary
An opportunity is provided for the chairperson to update the Board on the projects and issues she has been involved with since the last meeting, for information.
That the Great Barrier Local Board: a) note the Chairperson’s tabled report. |
There are no attachments for this report.
Signatories
Author |
Jacqueline Fyers - Democracy/Engagement Advisor |
Authoriser |
John Nash - Senior Local Board Advisor |
Great Barrier Local Board 11 May 2016 |
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File No.: CP2015/11112
Executive Summary
An opportunity is provided for members to update the Board on the projects and issues they have been involved with since the last meeting, for information.
a) That the report of Board Member Susan Daly be noted. b) That the report of Board Member Jeff Cleave be noted. c) That the report of Board Member Judy Gilbert be noted. d) That the tabled report of Board Member Christina Spence be noted. |
No. |
Title |
Page |
aView |
Board Member Susan Daly's report |
269 |
bView |
Board Member Jeff Cleave's report |
275 |
cView |
Board Member Judy Gilbert's report |
277 |
Signatories
Author |
Jacqueline Fyers - Democracy/Engagement Advisor |
Authoriser |
John Nash - Senior Local Board Advisor |
11 May 2016 |
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Governance Forward Work Calendar
File No.: CP2016/07377
Purpose
1. To present the Great Barrier Local Board with its updated governance forward work calendar.
Executive Summary
2. The governance forward work calendar for the Great Barrier Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.
3. The governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:
· ensuring advice on meeting agendas is driven by local board priorities
· clarifying what advice is expected and when
· clarifying the rationale for reports.
4. The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.
That the Great Barrier Local Board: a) note the Great Barrier Local Board Governance Forward Work Calendar.
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No. |
Title |
Page |
aView |
Great Barrier Local Board Governance Forward May Work Calendar |
283 |
Signatories
Author |
Jacqueline Fyers - Democracy/Engagement Advisor |
Authoriser |
John Nash - Senior Local Board Advisor |
[1] Figures based on 2013 population and household data and 2016 dog register data.
[2] Figures based on 2013 population and household data and 2016 dog register data.
[3] Waiheke Local Board is excluded because it is exempt from the requirement to consider the region-wide time and season standard.
[4] See Auckland Council Policy on Dogs 2012 Kaupapa mo nga Kuri 2012 - As at 04 November 2014
[5] A ‘dog related complaint’ is a dog related service request that relates to a dog incident (e.g. dog attack). In addition to dog related complaints, dog related service requests include such things as requests for property inspections and lost dog notifications.
[6] Auckland Council (2011)– Dog Control - Issues and options discussion paper.gust 2011
[7] Manukau City Council ( 2007) Understanding Dog and Dog Owner Physical Exercise Habits