Purpose
To report the decisions of the
Howick Local Board Dog Access Hearing Panel on proposed changes to local dog
access rules in the Howick Local Board area.
Executive summary
1.
The Howick Local Board adopted the
proposed changes at its business meeting on 9 May 2016 (resolution
HW/2016/233). The Howick Local Board Dog Access Hearing Panel (‘the
Panel’) was appointed to hear, deliberate and make decisions on
submissions received about proposed changes to local dog access rules in
the Howick Local Board area (resolution HW/2016/233).
2.
The panel considered 297
submissions and heard from 18 submitters on 23 August 2016.
3.
The key decisions of the panel
are:
·
to adopt a time and season rule on
beaches that continues to allow dogs under control off a leash at any time in
winter
·
to allow dogs under control off a
leash on the foreshore around Musick Point
·
to continue under control off a
leash dog access on Wakaaranga Creek Reserve
·
to continue under control on a
leash dog access on the Rotary Walkway
·
to allow dogs under control on a
leash on park and walkways from Mangemangeroa Reserve to The Sandspit
·
to identify over 125 under control
off leash at any time areas
·
to better protect wildlife in the
foreshore (inter-tidal) area of the Tamaki Estuary, Wakaaranga Creek, Pakuranga
Creek and Mangemangeroa Creek.
4.
The panel’s decisions will
be reported to the governing body on 29 September 2016, to make amendments to
the Auckland Council Policy on Dogs 2012 and the Auckland Council Dog
Management Bylaw 2012.
Proposed Changes to Local Dog Access Rules
5.
In 2012, local boards were
delegated responsibility to review dog access rules for local park, beach and
foreshore areas (resolution GB/2012/157).
6.
Reviewing dog access rules
requires a special consultative procedure under the Local Government Act 2002.
This process requires:
·
the adoption of proposed changes
to dog access rules (‘proposed changes’)
·
public notification of the
proposed changes for submissions
·
public hearing, deliberation and
decisions on the proposed changes.
7.
At its business meeting on 14
December 2015, the Howick Local Board resolved to review its local dog access
rules in 2016 (resolution HW/2015/181).
8.
Following a pre-consultation
period to gather information and initial community views, the Howick Local
Board adopted proposed changes on the 9 May 2016 for public consultation
(resolution HW/2016/233).
9.
The Howick Local Board Dog Access
Hearing Panel (‘the Panel’) was also appointed to hear, deliberate
and decide on submissions to the proposed changes (resolution HW/2016/233).
10.
The proposed changes to dog access
rules include to:
·
prohibit dogs on the foreshore
(including intertidal mangrove) areas along the south western coastline of the
local board area. This area extends from Wakaaranga Creek to Highbrook Creek
and includes Pakuranga Creek
· allow dogs under control on a leash on the reserve and
walkway areas along the south western coastline of the local board area. This
area includes the Rotary walkway
·
prohibit dogs on Mangemangeroa
Reserve and Chisbury Terrace Reserve and associated foreshore
· amend and apply the time and season rule on Bucklands
Beach (including Little Bucklands Beach), Cockle Bay, Eastern Beach, Howick
Beach, and Mellons Bay Beach
· allow dogs under control off a leash to 103 dog
friendly areas across the local board area, including to Musick Point Esplanade
Reserve and quiet beach areas adjacent to Howick Beach, Bucklands Beach,
Eastern Beach and Mellons Bay
· allow dogs under control on a leash on Tainui Reserve
· introduce a default under control on a leash rule
· remove the under control on a leash on any ‘farm
paddock in a park occupied by stock’ and replace it with
location-specific rules.
11.
A full copy of the proposed
changes is contained in the hearings agenda.
Public Notification for Submissions
12.
The proposed changes were publicly
notified for submissions on 10 June 2016. The submission period closed six
weeks later on 17 July 2016. The proposed changes were notified through:
·
notices to all registered dog
owners with their dog registration reminder letters
·
a public notice in the New Zealand
Herald on 10 June 2016
·
a public notice in the July
edition of Our Auckland
·
a notice on the Auckland Council
website
·
a notice in the June
People’s Panel e-update
·
updates to local board registered
stakeholders
·
notices to previous submitters on
the 2012 dog access review, residing in the Howick Local Board area
·
a notice in social media channels
(i.e. on Facebook and in Neighbourly)
·
a notice in the Howick and
Pakuranga Times, Botany and Ormiston Times and Eastern Courier
·
Howick Local Board
‘e-bulletin’, which is distributed to the Howick stakeholder
database
·
flyers and posters in local board
offices and libraries.
13.
All relevant documents, including
submission forms, were posted on the council’s website and made available
through local libraries and service centres.
Hearing and
deliberations process
14.
The process to consider and decide
on proposed changes to local dog access rules is:
·
to receive all submissions,
including any late submissions
·
to conduct public hearings and
hear from any submitter who wishes to speak in support of their submission
·
to publicly deliberate on the
matters raised in written and oral submissions
·
to decide on changes to local dog
access rules (including a start date) by adopting a decision report containing
amendments to the Auckland Council Policy on Dogs 2012
·
to request that the governing body
amend the Auckland Council Policy on Dogs 2012 and Dog Management Bylaw 2012 at
its 29 September meeting.
15.
The Panel needs to consider the
following statutory and policy requirements in its hearing, deliberation and
decision:
·
public safety and comfort, the
protection of wildlife, and the recreational needs of dogs and their owners
·
the region-wide standard for
summer beach time and season (if a time and season rule is proposed)
·
making dog access rules that are
easy to understand (i.e. practical, enforceable and clear)
·
the views and evidence raised by
submitters
·
information used to develop the
proposed changes (refer to hearings agenda).
16.
The above statutory and policy
requirements are contained in the hearings agenda.
17.
A total of 26 submitters indicated
that they wished to be heard. The panel heard from 18 submitters on 23 August
2016 and held deliberations on all submissions on 25 August 2016.
Decisions on proposed changes
The decisions of the
Panel are grouped into the topics aligned
with the proposed changes. The
changes to local dog access rules to give effect to the decisions are provided
in Attachment A, together with the current rules for comparison and
completeness.
Summary of
Submissions
19.
A total of 297 submissions were
received with 1261 submission points. Table 1 below summarises the submitter
groups.
Table 1: Submitter groups to Howick local dog access
review
|
Submitter
group
|
Number
of submissions
|
Percentage
of submissions
|
|
Dog owners
|
234
|
79%
|
|
Non dog owners
|
63
|
21%
|
|
Local residents
|
252
|
85%
|
|
Non-local
|
45
|
15%
|
|
Local dog owners
|
203
|
68%
|
|
Local non dog owners
|
49
|
16%
|
20.
The submission points are summarised
by topic areas aligned with proposed changes. Issues outside the scope of the
statement of proposal are summarised in Submission Topic 7. For each
topic, staff comments and other relevant information is provided where
appropriate.
21.
A full copy of the submissions is
attached in the hearings agenda.
Submission topic
1 – General Commentary
22.
The Panel can consider the
following general submission points about the proposal under any of the
subsequent submission topics.
23.
A total of 66 submission points
addressed the overall proposal. Of these:
·
eight support the proposal in its
entirety
·
30 oppose the proposal in its
entirety and 24 others want more dog access. Reasons include the need for areas
where dogs can exercise freely off a leash for the well-being of their dogs
·
four local dog owners want no
restrictions at all, if on a leash at all times.
Submission topic 2 – Highly sensitive
areas
Highly sensitive areas are places
where the presence of a dog can have a negative effect on its environment,
examples of this include ecologically sensitive habitats where vulnerable
species of birds roost, feed or breed.
To protect wildlife, the proposal
is:
·
to prohibit dogs on the foreshore
(including intertidal mangrove) areas along the south western coastline of the
local board area. This area extends from Wakaaranga Creek to Highbrook Creek
and includes Pakuranga Creek (refer Table 7 of Attachment A of the
hearing agenda)
·
to prohibit dogs on Mangemangeroa
Reserve and Chisbury Terrace Reserve and associated foreshore areas.
Currently:
·
the Department of Conservation
administer and prohibit dogs from the Crown foreshore along parts of the south
western coastline of the local board area (Wakaaranga Creek and foreshore
adjacent to Curacao Place Esplanade Reserve and Bramley Drive Reserve)
·
dogs are allowed under control off
a leash on all other foreshore areas along the south western coastline of the
local board area
·
dogs are prohibited on the
foreshore areas of Mangemangeroa Reserve but on the reserve they are allowed
under control on a leash on all bush walks and stock paddocks
·
dogs are allowed under control off
a leash on Chisbury Terrace Reserve and associated foreshore areas.
A total of 121 submission points
were received on this topic. Of these:
·
46 commented on south western
coastline of the local board area
·
71 commented on Mangemangeroa
Reserve and Chisbury Terrace Reserve
·
two dog owners wanted Tiraumea
Park to allow dogs under control off a leash.
South western coastline of the local board area
Of the 46 submission points that
commented on the coastline:
·
19 (10 local non-dog owners and
nine local dog owners) support the proposal. Reasons include:
o
prohibit dogs for the protection
of bird species, it is inappropriate for dogs to be in these ecologically
sensitive areas
o
some dog owners are unable to
control their dogs from accessing these areas.
·
18 submission points (16 dog
owners and two non-dog owners) want an under control on a leash rule for the
coastline area. Reasons include:
o
dogs on a lead are unlikely to be
a danger to the wildlife in the area
o
a prohibition of dogs to this
coastline area is too restrictive and on a leash is more appropriate.
·
Nine (eight local dog owners and
one local non-dog owner) oppose the proposal. Reasons include:
o
insufficient evidence that dogs
are a threat to wildlife
o
owners are able to keep their dogs
under control
o
proposal is too restrictive and
unfair to dog owners as large areas are prohibited.
Mangemangeroa Reserve and Chisbury Terrace
Of the 71 submission points to
Mangemangeroa and Chisbury Terrace reserves:
·
12 (including five local dog
owners and five local non-dog owners) support the proposal. Reasons include:
o
agree with the protection of
wildlife
o
dogs interfere with other users,
including the cattle
o
often dogs are off a leash in
these areas and do not comply with the on a leash rule.
·
36 (all local dog owners) want
dogs allowed under control on a leash. Reasons include:
o
the proposal is too restrictive to
dog owners, as many dog owners use the area with their dogs
o
dogs on a leash are not a risk to
wild life
o
the foreshore walkway from Shelley
Beach to Mangemangeroa Reserve is well used, including by dog walkers.
·
21 (including 17 local dog owners
and three local non-dog owners), oppose the proposal. Reasons include:
o
the proposal is too restrictive to
dog owners, as many dog owners use the area with their dogs
o
insufficient evidence that
dogs disturb wildlife
o
the area is part of a thoroughfare
from the foreshore and coastline.
·
two want better enforcement in
Mangemangeroa Reserve instead of a ban because they consider that most dog owners
are not adhering to the current rules.
Hearing
panel decision
The decisions of the panel is
as follows:
Matter considered
|
Decision and reasons
|
Wakaaranga
Creek foreshore to foreshore of Bramley Drive Esplanade Reserve
|
To identify the foreshore, intertidal and saltmarsh areas from Wakaaranga
Creek to Highbrook Creek, including Pakuranga Creek as highly sensitive areas
where dogs are prohibited.
Reasons include:
·
to protect
birdlife in the ecologically sensitive salt marsh and intertidal bird
habitats along the coastline
·
to align with
the Department of Conservation prohibition of dogs on foreshore on southern
side of Wakaaranga Creek.
|
Foreshore
from Bramley Drive Esplanade Reserve to Pakuranga Road (adjacent to the
bridge)
|
|
Foreshore from
Pakuranga Road (adjacent to bridge) to Pandora Place (including Millen Avenue Esplanade)
|
|
Foreshore of
Tiraumea Drive Reserve
|
|
Foreshore of Mattson
Road Esplanade Reserve to Fremantle Place Esplanade Reserve
|
|
Foreshore of
Pakuranga Creek (i.e. foreshore areas of Riverhills Park; Stonedon Esplanade
Reserve; Trugood Esplanade Reserve; Riverhills Park; Pakuranga Country Club
Esplanade Reserve)
|
|
Foreshore of
Frank Nobilo Esplanade Reserve to Burswood Esplanade Reserve
|
|
Mangemangeroa
Reserve foreshore
|
To identify the foreshore
and intertidal areas adjacent to
Mangemangeroa Reserve, Chisbury
Terrace Reserve, Pohutukawa Avenue Esplanade Reserve, and The Sandspit as highly sensitive areas where dogs are
prohibited.
Note: this excludes the
boardwalk, where dogs are allowed under control on a leash.
Reasons include:
·
the Mangemangeroa Creek
foreshore area to The Sandspit is a significant ecological area and a
significant wetland habitat for birdlife
·
the presence of dogs on the
foreshore is a risk to birdlife in these habitats.
|
|
Chisbury Terrace
Reserve foreshore, including the foreshore of Pohutakawa Esplanade and The
Sandspit
(i.e.
foreshore areas of Mangemangeroa Creek)
|
Submission topic
3 – High use areas
30.
A high use area is a place that
attracts a lot of people at certain times of the day or year. When there are a
lot of people, 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 under control on or off a leash access to
meet the recreational needs of dogs and their owners.
31.
The proposal identifies six
beaches in the Howick Local Board as high use areas, subject to the proposed
time and season rule. The six beaches are:
· Cockle Bay Beach
· Howick Beach (from westernmost boat ramp to Rangitoto
View Road)
· Mellons Bay Beach (southeast of water pipe)
· Bucklands Beach (south of boat ramp opposite Devon
Road)
· Eastern Beach (south of northernmost water pipe)
· Little Bucklands Beach.
32.
These six beaches are currently
subject to the current time and season rule. Table 3 below summarises the
current and proposed time and season rule.
Table
3 Current and proposed time and season rules for high use
areas
|
|
Current rule
|
Proposed rule
|
|
Summer
Morning
|
Before 9am
|
Before 10am
|
|
Summer Core
hours
|
9am to 7pm
|
10am to 7pm
|
|
Summer
evening
|
After 7pm
|
After 7pm
|
|
Summer
Season start and end
|
Daylight savings
|
Labour weekend to
31 March
|
|
Winter
mornings
|
All times
|
Before 10am
|
|
Winter core
hours
|
All times
|
10am to 4pm
|
|
Winter
evenings
|
All times
|
After 4pm
|
Key:
|
Prohibited
|
|
On
a leash
|
|
Off
a leash
|
Submissions on time and season rule
33.
A total of 1211 submission points
commented on the time and season options. Of these:
· 1063 submission points (88 per cent) were received
from locals
· 118 submission points (ten per cent) were received
from non-locals
· 986 submission points (81 per cent) from dog owners
· 195 submissions points (16 per cent) from non-dog
owners.
34.
Eight submission points, all from
dog owners, oppose any time and season rule. Reasons include:
· work hours and shift work make walking the dog at
restricted hours too difficult
· registration fees for dogs are too high to warrant
restriction
· dangerous dogs and irresponsible owners should be
specifically targeted, rather than enacting a time and season rule.
35.
Table 4 below summarises the
preferred time and season option based on number of submissions points For a
summary of all time and season rules submission points, refer to Attachment D
of the hearing agenda.
Table 4 Preferred time and season rule by
total number of submission points
|
|
Preferred
rule
|
Total Subs
|
Dog owners
|
Non-dog
owners
|
Locals
|
Non-Locals
|
|
Summer
morning
|
Before 10am
|
100
|
91
|
9
|
92
|
8
|
|
Summer core
hours
|
10am to 7pm
|
9
|
7
|
2
|
8
|
1
|
|
Summer
evening
|
After 7pm
|
79*
|
71
|
7
|
73
|
5
|
|
Season start
and end
|
Daylight
savings
|
30
|
28
|
2
|
30
|
0
|
|
Season start
and end
|
Labour
weekend to 31March
|
33
|
30
|
3
|
29
|
4
|
|
Winter
mornings
|
Off a leash
at all times
|
96**
|
87
|
7
|
89
|
5
|
|
Winter core
hours
|
Off a leash
at all times
|
105
|
97
|
6
|
99
|
4
|
|
Winter
evenings
|
Off a leash
at all times
|
97
|
88
|
7
|
90
|
5
|
|
Totals
|
|
549
|
499 (91%)
|
43
(8%)
|
510
(93%)
|
32
(6%)
|
Note: * one
submitter did not state if local or owns a dog
** two
submitters did not state if local or owns a dog
36.
Submitters on the above time and
season rules also commented that:
· weekday and weekend access should be different to
reflect use
· inclement weather in winter suggests that the beaches
are not well used, therefore there shouldn’t be time and season rules
· the tidal nature of some of Howick’s beaches
make the time and season rule difficult to comply with.
Submissions on high use areas
37.
A total of 12 submission points
commented on the six proposed high use beaches to be subject to the proposed
time and season rule. Of these:
· eight (all from local dog owners) oppose the
identification of Mellons Bay Beach. Two of those want dogs allowed under
control off a leash. Reasons include:
o very few non-dog owners use Mellons Bay beach
o do not support the change in dog access rules in this
area
o the off leash area at the north west of the water pipe
of Mellons Bay beach is too slippery and dangerous for use.
· two dog owners want dogs allowed under control off a
leash on Eastern Beach in winter
· in Cockle Bay, one dog owner wants the right hand
corner of Cockle Bay (towards Shelley Beach) to be a dog friendly area. Another
dog owner wanted less restrictive rules.
Hearing
panel decision
38.
The decisions of the panel is as
follows:
Matter considered
|
Decision and reasons
|
Time and season rule
|
See Table 4A
Reasons include:
·
to provide for public safety and
comfort when beaches are at their busiest (i.e. summer core hours between
10am and 7pm)
·
to provide for the recreational
needs of dog owners when the beaches are quiet (i.e. under control off a
leash before 10am and after 7pm in summer and at any time in winter)
·
the proposal for winter core
hours of 10am to 4pm (under control on a leash), and possible alternative
hours of 11am to 1pm is too restrictive on dog owners, particularly given the
tidal nature of Howick beaches and their use in winter
·
using daylight savings to define
the summer season retains a current and known part of the rule
·
summer start time of 10am aligns
with the regional wide summer season start time.
|
Cockle Bay Beach
|
To identify the beach as a high use area, subject to time
and season rule (Table 4A).
To identify both Cockle Bay Reserve (south) and Cockle
Bay Reserve (north – a reserve with a playground and also known as
Tainui Reserve), as a standard area, where dogs are allowed under control on
a leash.
Reasons include:
·
adjoining reserves of Cockle Bay
north (Tainui Reserve) and Cockle Bay south have different use types compared
to the beach that warrant an under control on a leash rule
·
Cockle Bay Beach is busy at
certain times of the year and the day, that warrant a time and season rule.
|
Howick Beach (from westernmost boat ramp to
Rangitoto View Road)
|
To identify
Howick Beach ((from westernmost boat ramp to Rangitoto View Rd)) as a high
use area, subject to time and season rule (Table 4A).
To identify the area
adjacent to Howick Beach (including Howick Beach Reserve), as a standard
area, where dogs are allowed under control on a leash.
Reasons include:
·
the adjoining reserve to Howick
Beach (i.e. Howick Beach Reserve) include a car park which is a key access
point to the beach that warrant an under control on a leash rule
·
Howick Beach is busy at certain
times of the year and the day, that warrant a time and season rule
·
the beach and foreshore area
west of the boat ramp is a dog friendly area, where dogs are allowed under
control off a leash at any time.
|
|
Mellons
Bay Beach
(southeast
of water pipe)
|
To identify the Mellons Bay Beach (from southeast of water
pipe) as a high use area, subject to time and season rule (Table 4A).
To identify the grass areas at the end of Mellons Bay
Road (i.e. 181R Mellons Bay Road), as a standard area, where dogs are allowed
under control on a leash.
Reasons include:
·
the adjoining reserve at Mellons
Bay Beach is adjacent to the car park and is an access point that warrants an
under control on a leash rule
·
Mellons Bay Beach is busy at
certain times of the year and the day, that warrants a time and season rule
·
the area west of the water pipe
is a dog friendly area, where dogs are allowed under control off a leash at
any time.
|
|
Eastern
Beach
(south
of northernmost water pipe)
|
To identify Eastern Beach (south of northernmost water
pipe), including grass strip between the beach and the road, as a high use
area, subject to time and season rule (Table 4A).
To identify the Eastern Beach Caravan Park, adjacent to
Macleans Park, as a standard area, where dogs are allowed under control on a
leash.
Reasons include:
·
the grass strip that
adjoins the beach, and is adjacent to the road, is part of the total
beach environment
·
the use of the beach
(including the grass strip) changes in seasons and at different times of the
day, and warrants a time and season rule
·
dog friendly access
at the northern end of the beach allows for under control off a leash dog
access around Musick Point at any time of the year.
|
|
Bucklands
Beach
(south
of boat ramp at Devon Rd)
|
To identify Bucklands Beach (south of boat ramp at Devon
Rd), including grass strip between the beach and the road, as a high use
area, subject to time and season rule (Table 4A).
Reasons include:
·
the grass strip that
adjoins the beach, and is adjacent to the road, is part of the total
beach environment
·
the use of the beach
(including the grass strip) changes in seasons and at different times of the
day, that warrants a time and season rule
·
there is a dog
friendly area north of this point.
|
|
Little
Bucklands Beach
|
To identify Little Buckland’s Beach, including
grass strip between the beach and the road, as a high use area, subject to
time and season rule (Table 4A).
To identify the Warren Boardwalk on southern end of
Little Bucklands Beach as a standard area, where dogs are allowed under
control on a leash.
Reasons include:
·
the grass strip that
adjoins the beach, and is adjacent to the road, is part of the total
beach environment
·
the use of the beach
(including the grass strip) changes in seasons and at different times of the
day, that warrants a time and season rule
·
the Warren Boardwalk
starts at the southern end of Little Bucklands Beach. An under control on a
leash rule ensures reasonable access to and along the walkway, including in
summer when dogs are prohibited on the remainder of the beach.
|
Table 4A: Panel decision on time and season rule
Time and season
|
Panel Decision
|
Summer mornings
|
Before 10am
Dogs area
allowed under control off a leash
|
|
Summer core
hours
|
10am to 7pm
Dogs are
prohibited
|
|
Summer evenings
|
After 7pm
Dogs are
allowed under control off a leash
|
|
Summer season
start
|
Daylight
savings
|
|
Summer season
finish
|
Outside of
Daylight savings
|
|
Winter mornings
|
Dogs are
allowed under control off a leash
|
|
Winter core
hours
|
Dogs are
allowed under control off a leash
|
|
Winter evenings
|
Dogs are
allowed under control off a leash
|
Key:
|
Prohibited
|
|
On
a leash
|
|
Off
a leash
|
Submission topic 4
– Dog friendly areas
39.
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.
40.
The proposal identifies 103 dog
friendly areas where dogs are allowed under control off a leash. This includes
Musick Point Esplanade Reserve and quiet beach areas adjacent to Howick Beach,
Bucklands Beach, Eastern Beach and Mellons Bay.
41.
Currently dogs are allowed under
control off a leash on 102 of the above 103 areas. The exception is Musick
Point Esplanade Reserve where dogs are currently allowed under control on a
leash.
42.
A total of 52 general submission
points were received on this topic. Of these:
· eight support the proposal. Of these:
o two think some of the 103 parks are not suitable for
dogs off a leash. Reasons include areas being too close to the road and
alternatives should be found.
· 33 comment on the dog friendly areas next to time and
season beaches. Of these:
o 21 support the proposal. This includes Howick Beach
(n=7), Bucklands Beach (n=4), Eastern Beach (n=1). Reasons include it provides
the flexibility to take dogs to these areas when not allowed on time and season
beaches. Some commented that these beaches are tidal and not always accessible
o three support and one opposes the proposed area to the
north of Eastern Beach. The submitter in opposition wants to protect reef and
shell fish beds in this area and instead wants the dog friendly area to be
south of Eastern Beach
o three support and five oppose the proposed area
adjacent to Mellons Bay. Reasons for opposition include the area is too
slippery and unsafe for dog walkers. Those submitters instead want dog access
to Mellons Bay.
· nine comment on Musick Point Esplanade Reserve. Seven
in support with some already using it as an off a leash area, one opposes, and
another wants a more restrictive rule
· one did not support the proposal for dog friendly
areas, commenting that there should be more dog friendly areas, not less
· one submitter asked for more dog friendly areas in the
Flat Bush area.
Hearing
panel decision
43.
The decisions of the panel is as
follows:
Matter considered
|
Decision and reasons
|
Musick Point Esplanade Reserve
|
To identify the foreshore
area of Musick Point Esplanade Reserve
as a dog friendly area where
dogs are allowed under control off a leash.
Reasons include:
·
to provide dog access
on the foreshore where there is no identified public safety risks or risks to
wildlife that justify a more restrictive rule
To identify the area of Musick Point
Esplanade reserve at the top of the cliff as a standard area where dogs are
allowed under control on a leash.
Reasons include:
·
the reserve at the top of the
cliff is adjacent to a privately owned golf course, were dogs off a leash may
cause a nuisance to other users
·
much of the council owned
portion of Musick Point Reserve is a road, where default under control on a
leash rules apply.
|
Eastern Beach (area north of northernmost
water pipe)
|
To identify the area of Eastern Beach
north of the northernmost water pipe as a dog friendly area where dogs are
allowed under control off a leash.
Reasons include:
·
to provide opportunities for
under control off a leash dog access at any time on part of the beach,
particularly at low tide and when the remainder of the beach is prohibited in
summer
·
no identified wildlife concerns
that justify a more restrictive rule.
|
Mellons Bay (area west of water pipe)
|
To identify the area of Mellons Bay
Beach, west of water pipe, as a dog friendly area where dogs are allowed
under control off a leash.
Reasons include:
·
to provide
opportunities for under control off a leash dog access at any time on part of
the beach, particularly at low tide and when the remainder of the beach is
prohibited in summer.
|
Other 100 of 103 proposed dog friendly areas in Table 9 of
Attachment A to the 23 August Panel agenda.
|
To identify the other 100 areas in
Table 9 of Attachment A of the 23 August Panel hearing agenda, as dog
friendly areas where dogs are allowed
under control off a leash.
Reasons include:
·
to provide for under control off
a leash opportunities for dogs and their owners in suitable areas
·
to make rules easier to
understand by providing a clear list of dog friendly areas.
|
Submission topic
5 – Standard area
44.
A standard area is a place that
does not fall into any of the other three categories. These places may include:
·
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 interfering with other users
·
places that are not suitable for
dogs to run and play off a leash.
45.
The proposal identifies the
following standard areas where dogs are allowed under control on a leash (full
list in Table 10 of Attachment A of the hearing agenda):
· the reserves and walkways adjacent to the south
western coastline of the local board area. Currently, the area from Wakaaranga
Creek to Highbrook Creek (Rotary walkway) is an under control on a leash area.
Areas from Millen Avenue Esplanade to Pakuranga Creek (the Pakuranga Country
Club Esplanade) are currently an under control off a leash area
·
Murphy’s Bush and Point View
Reserve. Currently dogs are allowed under control on a leash on bush walks and
under control off a leash elsewhere on both reserves.
·
Tainui Reserve (adjacent to Cockle
Bay). Currently this area has a time and season dog access rule (Table 3)
·
all other local park, beach and
foreshore areas not specifically identified as a prohibited, time and season or
under control off a leash area. This is known as a default dog access rule.
Currently, the default dog access rule is under control off a leash.
46.
A total 81 submission points were
received about this topic. Of these:
·
24 are about Rotary walkway. Of
these:
o 11 support the proposal because the walkway is busy
and dogs interfere with other users. Some of these submitters want under
control on a leash access for the walkway because they incorrectly assumed the
proposal prohibited dogs
o 11 oppose the proposal, four of whom want dogs allowed
under control off a leash. Reasons include that cyclists are a bigger nuisance
and to enhance the experience for dog walkers
o two comment that signage outlining dog access rules
need to be clearer and that dangerous dogs along the walkway should be muzzled.
·
16 want dogs allowed under control
on a leash on esplanades, walkways, and parks along the south western coastline
·
one non-dog owner opposes the
proposal on Bramley Drive Reserve
·
one dog owner supports the
proposal on Fisher Parade Esplanade Reserve
·
two dogs owners comment on
bushwalks (such as those on Murphy’s Bush and Point View Reserve), one
supports the proposal, the other wants less restrictive rules
·
two dogs owners comment on Point
View Reserve, one supports the proposal, the other wants under control off a
leash dog access
·
two dogs owners comment on Tainui
Reserve, one supports the proposal, the other wants under control off a leash
dog access
·
one wants to retain the current
under control off a leash rule on Tiramea Park because it is a good dog
exercise area
·
32 are about the change to the
default dog access rule. Of these:
o 20 (seven dog owners, 13 non-dog owners, four
non-locals) support the proposal. Reasons include dogs interfere with other
users, some dog owners are unable to control dogs off a leash, don’t want
dogs coming up to them, and the irresponsible attitude of dog owners
o 12 oppose the proposal. Of these five want under
control off a leash, six oppose the proposal, and one wants dogs prohibited
from all public places except in specific dog areas
o reasons for opposition include that proposed dog
friendly areas are not ideal for an off leash dog and restrict the ability to
walk dogs at neighbourhood parks after work hours.
Hearing
panel decision
47.
The decisions of the panel is as follows:
Matter considered
|
Decision and reasons
|
|
Wakaaranga Creek
Reserve
|
To continue to identify Wakaaranga
Creek Reserve as a dog friendly area where dogs are allowed under control off
a leash.
Reasons include:
·
to continue to provide for the
under control off a leash recreational needs of dog owners, before accessing
the Rotary Walkway.
|
Rotary
Walkway Esplanade reserves and parks from Galloway Crescent access way to
Pakuranga Road (adjacent to bridge)
This
includes: Fisher Parade Esplanade reserve; Rotary Reserve (Bus Stop) Reserve;
Tamaki Bay Esplanade Reserve; Williams Avenue Esplanade Reserve; Dayspring
Way Esplanade Reserve)
|
To continue to identify the Rotary Walkway (parks
and esplanade reserves from the Galloway Crescent access way to Pakuranga
Road (adjacent to bridge) as standard areas where dogs are allowed under
control on a leash.
Reasons include:
·
protection of shore birds that
roost along the shoreline
· public safety and comfort of other users on a
popular walkway.
|
|
Esplanade and
parks from Pakuranga Road (adjacent to bridge) to Pandora Place
Esplanade (including
Millen Avenue Esplanade)
|
To continue to identify the parks and esplanade
reserves from Pakuranga Road (adjacent to bridge), along Highbrook Creek to
Pakuranga Creek, as dog friendly areas where dogs are allowed under control
off a leash.
Reasons include:
·
to enable
under control off a leash access in areas where no wildlife or public safety
and comfort concerns are raised that warrant a more restrictive rule.
|
|
Tiraumea Drive
Reserve
|
|
Esplanade and
reserves of Mattson Road Esplanade Reserve to Fremantle Place
(including Edgewater Drive Esplanade and Riverina Esplande)
|
|
Esplanades and
reserves from Fremantle Place to Ennis Avenue Esplanade Reserve and Elm Park
(includes reserves on either
side of the Pakuranga Creek (i.e. Trugood Esplanade, Stonedon Esplanade;
Riverhills Park)
|
|
Frank Nobillo
Esplanade Reserve to Burswood Esplanade (Reserves) and Pakuranga Country Club
Esplanade
|
|
Mangemangeroa
Reserve (including bush walks)
|
To identify the Mangemangeroa Reserve, Chisbury Terrace
Reserve (including boardwalks), Pohutukawa Avenue Esplanade Reserve to The
Sandspit as standard areas, where dogs
are allowed under control on a leash.
Reasons include:
·
prohibition of dogs in these
areas is too restrictive
·
to provide dog access (albeit on
a leash)
·
under control on a leash rule
provides an adequate level of wildlife protection (in the reserves and
boardwalks) in this area.
|
|
Chisbury Terrace
Reserve, Pohutakawa Avenue Esplanade Reserve to The Sandspit
|
|
Tainui
Reserve (adjacent to Cockle Bay) (12R Shelly Bay Road, playground)
|
To identify the Tainui Reserve
(Cockle Bay Reserve north) as a standard area where dogs are allowed under
control on a leash.
Reasons include:
·
Tainui Reserve contains a
playground that is well used at most times of the day
·
as a thoroughfare, dogs should
be able to access the area under control on a leash.
|
|
Murphy’s
Bush
|
To retain and clarify the current
rules that:
·
identify the open grass area
north of the car park in Murphy’s Bush as a dog friendly area where
dogs are allowed under control off a leash
·
identify all other areas
(including all bush areas and bushwalks) in Murphy’s Bush as a standard
area where dogs are allowed under control on leash.
Reasons include:
·
to continue to provide under
control off a leash opportunities in Murphy’s Bush while providing for
public comfort and protection of wildlife in bush areas
·
to make the rule easier to
understand.
|
|
Point
View Reserve
|
To retain and clarify the current
rules that:
·
identify the open grass areas of
Point View Reserve as a dog friendly areas where dogs are allowed under
control off a leash
·
identify all other areas
(including all bush areas and bushwalks) in Point View Reserve as standard
areas where dogs are allowed under control on a leash.
Reasons include:
·
to continue to provide under
control off a leash opportunities in Point View Reserve while providing for
public comfort and protection of wildlife in bush areas.
|
|
Default
rule
|
To adopt a default under control on a
leash rule on all parks, beach and foreshore areas not specifically identified as prohibited,
under control off a leash or designated dog exercise areas.
Reasons include:
·
if in doubt, owners can
assume parks and reserves are on a leash.
·
consistency with region wide
default under control on a leash rule.
|
Submission topic
6 - Ambiguous dog access rules
48.
The proposal is to remove the
current rule about dogs on park farm paddocks and rely on whichever dog access
rule applies to the location, such as highly sensitive or standard area.
49.
Currently dogs are required to be
under control on a leash in any park farm paddock occupied by stock.
Mangemangeroa Reserve is the only park with stock in the Howick Local Board
area. Submissions on Mangemangeroa Reserve are summarised in Submission topic 1
– Highly sensitive areas.
50.
Three submission points in support
were received. Reasons include because it makes rules clearer and easier to
understand.
Hearing panel decision
51.
The decisions of the panel is as
follows:
Matter considered
|
Decision and reasons
|
|
On
leash access in parks with farm paddocks
|
To remove ambiguous rules and rely on the dog access rule that
applies to the wider location.
Reasons include:
·
simplified
rules are easier to understand.
|
Submission topic
7 – Other matters
52.
A total of 89 submission points
were received in relation to matters that are outside the scope of the proposed
changes. The Panel cannot make decisions on these matters but can make
recommendations to the relevant authority. Table 8 below summarises the
submission points made under this topic.
Table 8 Submission points on other matters
|
Matter
raised
|
Total
submission points
|
|
Dog owner education
|
7
|
|
Improvement to the process
|
16
|
|
More dog parks
|
6
|
|
More rubbish bins
|
5
|
|
More/better enforcement
|
11
|
|
More/better signage
|
8
|
|
Other suggestions:
· the need to control pests such as cats, rats and
possums
· complaints about council process
· complaints about irresponsible dog owners
· that highly sensitive areas should be closed to the
public
|
36
|
Hearing
panel decisions
53.
The hearing panel makes the
following comments regarding these matters:
Matter considered
|
Comments
|
|
Other matters
|
To note the concerns raised, in
particular:
·
the need for better or upgraded signage
at key parks and walkways where there has been a change in dog access rules
·
fencing of areas to better
protect wildlife and allow more under control off a leash dog access.
|
Attachment
A - Amendments to the Auckland Council Policy on Dogs 2012
(i)
The changes to the dog access rules
are shown in the right hand column, additions underlined and deletions
in strikethrough.
(ii)
The changes to the dog access rules
commence on 1 July 2017.
(iii)
Region-wide rules are listed
after the table below for information purposes. Region-wide rules also apply within the Howick Local Board area. Region-wide
rules prevail over any local board rule.
Howick Local Board Area Dog Access Rules
|
Current local dog
access rule
|
Amended local dog access rule
|
|
(1) Dogs are allowed under control off a leash on all parks, beaches or foreshores not specifically identified as
a prohibited or under control on a leash area.
|
(1) Dogs are
allowed under control off a leash in
the following areas (sports surface and
playground restrictions may apply, see note ** and ***) - on all parks, beaches or
foreshores not specifically identified as a prohibited or under control on a
leash area.
|
|
(a)
Aberfeldy Park
(b)
Annalong Park
(c)
Armoy Park
(d)
Aspatria Place reserve
(e)
Aviemore Drive drainage reserve
(f)
Baverstock Park
(g)
Bell Reserve
(h)
Blanche Park
(i)
Bleakhouse Road Promontory Reserve
(j)
Bob Charles Park
(k)
Booralee Park
(l)
Bradbury Park
(m)
Browns Park
(n)
Bucklands Beach Domain
(o)
Bucklands Beach from Devon Road, around the
foreshore of Musick Point Esplanade Reserve to northern water pipe on Eastern
Beach
(p)
Burswood Park
(q)
Burswood Esplanade Reserve
(r)
Cairngorm Park
(s)
Caithness Park
(t)
Cascades walkways
(u)
Charles Dickens Park
(v)
Clavoy Park
(w)
Clydesdale Park
(x)
Coachman Park
(y)
Cockle Bay Domain
(z)
Cornelian Park (Sunderlands Rd)
(aa)
Corta Bella Place Reserve
(ab)
Crawford Reserve
(ac)
Curacao Place Esplanade Reserve
(ad)
Dairyland Park
(ae)
Dalwhinnie Park
(af)
Darren Park
(ag)
Earnslaw Park
(ah)
Eastern Beach (north of northernmost water
pipe, near Cloverley walkway)
(ai)
Edendale Park
(aj)
Edgewater Drive Esplanade Reserve
(ak)
Elm Park
(al)
Ennis Avenue Reserve
(am)
Fortunes Park (Raddock Place Reserve)
(an)
Fortyfoot Park
(ao)
Fratley Park
(ap)
Frank Nobilo Esplanade reserve, including
Pebble Beach Place Reserve)
(aq)
Fremantle Place Esplanade Reserve
(ar)
Galloway Park
(as)
Geranium Park
(at)
Gillard Reserve
(au)
Glenhouse Reserve
(av)
Glenlea Park
(aw)
Glennandrew Park
(ax)
Glenoaks Reserve
(ay)
Golfland Park
(az)
Gossamer Park
(ba)
Grace Campbell Reserve
(bb)
Gracechurch Reserve
(bc)
Guys Reserve
(bd)
Hawthorndeen Park
(be)
Haven Park
(bf)
Hayes Park
(bg)
Highland Park
(bh)
Hiltop Park
(bi)
Himalaya Park
(bj)
Hope Farm Avenue Esplanade Reserve
(bk)
Howick Beach (west of boat ramp)
(bl)
Huntington Park
(bm)
Jerpoint Park
|
(bn)
John Gill Park
(bo)
Kaniere Park
(bp)
Kellaway Drive Reserve
(bq)
Kilimanjaro Park
(br)
Kilkenny Park
(bs)
Lexington Park
(bt)
Lloyd Elsmore Park (not sports fields)
(bu)
Logan Carr Reserve
(bv)
Mattson Road Esplanade Reserve
(bw)
Macleans Reserve
(bx)
Marrendallas Park
(by)
Marine Parade Esplanade Reserve
(ca)
McLeay Reserve
(cb)
Medvale Park (Richmond Reserve)
(cc)
Mellons Bay (west of water pipe)
(cd)
Millen Avenue Reserve
(ce)
Mission Heights Reserve
(cf)
Mulroy Park
(cg)
Murphy’s Bush in the open grass area
to the north of the car park
(ch)
Murvale Reserve
(ci)
Musick Point Esplanade Reserve (foreshore
area only)
(cj)
Neil Morrison Park
(ck)
Nimrod Park
(cl)
Orangewood Park
(cm)
Pandora Park
(cn)
Pandora Place Esplanade Reserve
(co)
Paul Place Reserve
(cp)
Pakuranga Golf Club Esplanade
(cq)
Pixie Place Reserve
(cr)
Point View Reserve in open grass areas
(cs)
Raewyn Place Esplanade Reserve
(ct)
Redcastle Park
(cu)
Reelick Park
(cv)
Reeves Park
(cw)
Rialto Park
(cx)
Richard Park
(cy)
Riverhills Park
(cz)
Riverina Place Esplanade Reserve
(da)
Salford Park
(db)
Seymour Road Esplanade Reserve
(dc)
Sheffield Place Reserve
(dd)
Sommerville Park
(de)
Spencer Park
(df)
Springs Road Reserve
(dg)
Spalding Rise Reserve
(dh)
Stevenson Reserve
(di)
Stonedon Drive Esplanade Reserve
(dj)
Tarnica Park
(dk)
The Boulevard Park
(dl)
Ti Rakau Park (not sports fields)
(dm)
Ti Rakau Corner Reserve
(dn)
Tiaka Place Reserve
(do)
Tiger Park
(dp)
Tiraumea Park
(dq)
Tiraumea Drive Reserve
(dr)
Tuscany Heights Reserve
(ds)
Trugood Esplanade Reserve
(dt)
Wakaaranga Creek Reserve
(du)
Waikitiroa Reserve
(dv)
Wayne Francis Park
(dw)
West Fairway Park
(dx)
Whaka Maumahara Park
(dy)
Whiteacres Park
(dz)
Whitford Park
|
|
(2) Dogs are allowed under control off a leash on the following beaches and adjoining parks before 9.00am and
after 7.00pm during daylight saving, and are allowed
under control off a leash at all times outside of daylight saving. Dogs are prohibited from 9.00am to 7.00pm during daylight saving
(a) Cockle Bay Beach.
(b) Howick Beach from westernmost boat ramp to Rangitoto View Road
(c) Mellons Bay Beach southeast of water pipe.
(d) Bucklands Beach south of boat ramp opposite Devon Road.
(e) Eastern Beach south of northernmost water pipe including picnic
area adjoining Macleans Reserve.
(f)
Little Bucklands Beach.
|
2) Dogs are allowed as follows on
the following beach and foreshore areas, at the following times: under
control off a leash on the following
beaches and adjoining parks before 9.00am and after 7.00pm during daylight
saving, and are allowed under control off a
leash at all times outside of daylight saving. Dogs are prohibited from 9.00am to 7.00pm during daylight saving
|
Summer (Daylight Saving)
|
|
Before 10am
|
10am to 7pm
|
After 7pm
|
|
Under control off a leash
|
Prohibited
|
Under control off a leash
|
|
Winter season (outside of Daylight Saving)
|
|
Under control off a leash
at all times
|
(a)
Cockle Bay Beach
(b)
Howick Beach from westernmost boat ramp
to Rangitoto View Road
(c)
Mellons Bay Beach east of water pipe
(d)
Bucklands Beach (including grass between
the beach and The Parade) south of boat ramp opposite Devon Road
(e)
Eastern Beach south of northernmost water pipe
(including grass between the beach and The
Esplanade) to (but does not include) Eastern
Beach Caravan Park including
picnic area adjoining Macleans Reserve
(f)
Little Bucklands Beach (including grass
strip between the beach and The Parade) to Warren Boardwalk
|
|
(3)
Dogs are allowed under
control on a leash in the following areas-
(a)
Any farm paddocks in a park occupied by stock.
(b)
Musick Point Esplanade Reserve
(c)
Rotary walkway to Galloway Crescent accessway
(d)
All bush walks in Mangemangeroa Reserve,
Murphy’s Bush and Point View Reserve
|
(3) Dogs
are allowed under control on a leash on all
park, beach and foreshore areas unless specifically identified otherwise
(i.e. prohibited, under control off a leash or designated dog exercise areas)
Note: sports surface and
playground restrictions may apply, see note ** and ***.
Dogs are allowed under control on a leash in the following areas-
(a)
Any farm paddocks in a park occupied by
stock.
(a)
Musick Point Esplanade Reserve (the top of
the cliff, excludes the foreshore area)
(b)
Eastern Beach Caravan Park
(c)
Mellons Bay Beach Reserve (Mellons Bay
Road)
(d)
Howick Beach Reserve (Granger Road)
(e)
Tainui Reserve (also known as Cockle Bay
Reserve - north end of beach)
(f)
Cockle Bay Reserve (south end of Cockle Bay
Beach)
(g)
Rotary Walkway to from Galloway
Crescent access way to Pakuranga Road (adjacent to bridge). This includes,
but not limited to:
|
|
(i)
Bramley Drive Reserve
(ii)
Fisher Parade Esplanade Reserve
(iii)
Rotary Reserve (Bus Stop Reserve)
|
(iv)
Tamaki Bay Drive Reserve
(v)
Williams Avenue Esplanade Reserve
(vi)
Kerswell Corner Reserve
(vii)
Dayspring Way Esplanade Reserve
|
|
(d) All
bush walks in Mangemangeroa Reserve, Murphy’s Bush and Point View
Reserve
(h) Murphy’s
Bush (excluding the open grass area north of the car park)
(i) Point
View Reserve (excluding the open grass areas)
(j) Mangemangeroa Reserve (including bushwalks), Chisbury Terrace
Reserve (including walkways and boardwalks), Pohutakawa Avenue Esplanade
Reserve up to and including The Sandspit.
|
|
4) Dogs
are prohibited on Mangemangeroa Reserve foreshore and Crown foreshore
of Wakaaranga Creek Tamaki River (DOC Map 6.65).
|
(4) Dogs are prohibited on from the following areas-
(a)
foreshore adjacent to Mangemangeroa
Reserve, Chisbury Terrace Reserve,
Pohutukawa Avenue Esplanade Reserve and The Sandspit (i.e. Mangemangeroa Creek)
(b)
Crown foreshore of Wakaaranga Creek Tamaki
River2 (DOC
Map 6.65)
(c)
All foreshore (intertidal, mangrove and
saltmarsh) areas from Wakaaranga Creek to Highbrook Creek, including the
Pakuranga Creek.
This includes
the foreshore areas of the following reserves:
|
|
(iv) Foreshore of Curacao Place Esplande Reserve
(v) Foreshore of Bramley Drive Reserve
(vi) Foreshore of Fisher Parade Esplanade Reserve
(vii) Foreshore of Rotary Reserve
(viii) Foreshore of Tamaki Bay Drive Reserve
(ix) Foreshore of Williams Avenue Esplanade Reserve
(x) Foreshore of Dayspring Way Esplanade Reserve
(xi) Foreshore of Millen Avenue Esplanade Reserve
(xii) Foreshore of Pandora Place Esplanade Reserve
(xiii) Foreshore of Tiraumea Park
(xiv)Foreshore of Mattson Road Esplanade Reserve
|
(xv) Foreshore of Edgewater Drive Esplanade Reserve
(xvi) Foreshore of Riverina Place Esplanade Reserve
(xvii) Foreshore of Raewyn Place Esplanade Reserve
(xviii) Foreshore of Fremantle Place Esplanade Reserve
(xix) Foreshore of Stonedon Esplanade Reserve
(xx) Foreshore of Riverhills Park
(xxi) Foreshore of Trugood Esplanade Reserve
(xxii) Foreshore of Ennis Avenue Reserve
(xxiii) Foreshore of Burswood Esplanade Reserve
(xxiv)Foreshore of Hope Farm Esplanade Reserve
(xxv) Foreshore of Frank Nobilo Esplanade Reserve
(xxvi)Foreshore of Pakuranga Golf Club Esplanade Reserve
|
|
|
|
|
|
Reasons for Department of Conservation dog access rule –
1 High
population of protected wildlife vulnerable to dogs 2 Inter-tidal
areas with various species vulnerable to dogs
3 Potential
conflict with other users (members of the public) 4 Vulnerable
wildlife present
** 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
(xxvii)
The following region-wide dog access rules also apply within the Howick
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.
