Agenda of Ōtara-Papatoetoe Local Board

Ōtara-Papatoetoe Local Board

31 August 2016

Hearing and deliberations report on proposed changes to local dog access rules in the Otara-Papatoetoe Local Board area

File No.: CP2016/18214

Purpose

1. To support the Ōtara-Papatoetoe Local Board Dog Access Hearing Panel with the hearing and deliberation of submissions to proposed changes to local dog access rules in the Ōtara-Papatoetoe Local Board area.

Executive summary

2. The Ōtara-Papatoetoe Local Board Dog Access Hearing Panel (‘the Panel’) has been appointed to hear, deliberate and make decisions on submissions to proposed changes to local dog access rules in the Ōtara-Papatoetoe Local Board area (resolution OP/2015/215).

3. The proposed changes were adopted by the Ōtara-Papatoetoe Local Board at its business meeting on 16 May 2016 (resolution OP/2016/86). The public was invited to make submissions on the proposed changes on 10 June 2016. The submission period closed six weeks later on 17 July 2016. A total of 43 submissions were received and three submitters indicated that they wished to be heard.

4. The hearing and deliberation process requires the Panel to conduct public meetings to:

· hear from the three submitters who wish to speak to their submission

· deliberate all matters raised in written and oral submissions

· make decisions on changes to local dog access rules (including a commencement date) by adopting a decision report containing amendments to the Auckland Council Policy on Dogs 2012

· request the governing body at its 29 September 2016 meeting to implement the decisions by amending the Auckland Council Dog Management Bylaw 2012.

5. This report provides a summary of the submissions received and other relevant information to assist the Panel with the hearing and deliberation process.

Recommendation/s

That the Ōtara-Papatoetoe Local Board Dog Access Hearing Panel:

a) in relation to proposed changes to local dog access rules contained in the document titled ‘Amendments to Auckland Council Policy on Dogs 2012 – Ōtara-Papatoetoe Local Board May 2016’ (Attachment A)

i) receive the submissions in Attachment C - Submissions

ii) hear the submitters who wish to be heard in support of their submission.

Proposed changes to local dog access rules

6. In 2012, local boards were delegated responsibility to review dog access rules for local parks, beaches and foreshore areas (resolution GB/2012/157).

7. 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.

8. At its business meeting on 14 December 2015, the Ōtara-Papatoetoe Local Board resolved to undertake a review of its local dog access rules in 2016 (resolution OP/2015/215).

9. Following a pre-consultation period to gather information and community views, the Ōtara-Papatoetoe Local Board adopted proposed changes on 16 May 2016 for public consultation (resolution OP/2016/86).

10. The Ōtara-Papatoetoe Local Board Dog Access Hearing Panel (‘the Panel’) was appointed to hear, deliberate and make decisions on submissions to the proposed changes (resolution OP/2016/86).

11. The proposed changes include to:

· identify two highly sensitive areas adjacent to the upper reaches of Tamaki Estuary and Manukau Harbour around Puhinui Reserve and Colin Dale Park to restrict dog access and protect wildlife and specifically at risk shore bird species

· identify 80 dog friendly areas that will allow dogs to be under control off a leash without significant impact on other users

· apply an under control on a leash rule to all other park, beach and foreshore areas

· remove existing ambiguous rules for farm paddocks in a park occupied by stock and rely on whichever dog access rule applies to the wider location.

12. A full copy of the proposed changes are contained in Attachment A – Statement of Proposal.

Public notification for submissions

13. The public was notified of the proposed changes for their submission 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 Ōtara-Papatoetoe Local Board area.

14. All relevant documents including submission forms were posted on the council’s website and available through local libraries and service centres.

Hearing and deliberations process

15. The process to consider and decide on changes to local dog access rules is summarised as follows:

· receive the submissions, including any late submissions

· public hearing of any submitter who wishes to speak in support of their submission

· public deliberation on the matters raised in written and oral submissions

· decide on changes to local dog access rules (including a commencement date) by adopting a decision report containing amendments to the Auckland Council Policy on Dogs 2012

· request the governing body at its 29 September 2016 meeting to implement the decisions by amending the Auckland Council Dog Management Bylaw 2012.

16. The statutory, policy and delegated requirements that the Panel needs to consider in hearing, deliberating and making decisions are detailed in Attachment A and include:

· public safety and comfort, the protection of wildlife, and the recreational needs of dogs and their owners

· the region-wide standard for a summer time and season rule on beaches (if a time and season rule is proposed)

· dog access rules need to be easy to understand (i.e. practical, enforceable and clear)

· the views and evidence raised by submitters

· the information used to develop the proposed changes (refer Attachment A).

17. A deliberations worksheet is provided as Attachment B to assist the Panel in its deliberations.

Summary of submissions

18. A total of 43 submissions were received with 94 submission points. Table 1 below summarises the submitter groups.

Table 1 Submitter groups to Ōtara-Papatoetoe local dog access review

Submitter group	Number of submissions	Percentage of submissions
Dog owners	26	60%
Non dog owners	17	40%
Local residents	5	12%
Non-local residents	38	88%
Local dog owners	2	5%
Local non-dog owners	3	7%

19. The submissions are summarised into the topics aligned with the proposed changes. Issues raised 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.

20. All submissions are provided in Attachment C – Submissions.

Submission topic 1 – General commentary

21. The Panel can consider the following general submission points about the proposal under any of the subsequent submission topics.

22. A total of nine submission points were received in relation to the overall proposal. Of these submission points three supported the proposal in its entirety, while six opposed the proposal in its entirety. Reasons for supporting the proposal included that it considered higher risk of dogs causing harm. Reasons for opposition included support for responsible dog owners, rules being unfair and too restrictive on dog owners, and the availability of adequate exercise opportunities for dogs.

23. One submission point was received in support of the area types as proposed generally (not specific to a location). This was on the grounds of wildlife protection and the risks associated with dogs causing harm.

24. One submission point wants an under control on a leash rule around certain wildlife, habitat, and high use areas and for dog friendly areas to be listed.

Submission topic 2 – Highly sensitive areas

25. Highly sensitive areas were identified as places where the mere presence of a dog can have a negative effect, for instance on bio-diversity.

26. The proposal identified two highly sensitive (dogs prohibited) areas within Table 5 of the Statement of Proposal (Attachment A). Both areas comprise ecologically sensitive areas from which dogs are proposed to be prohibited:

· Tamaki Estuary (including the foreshore adjacent to Highbrook Drive and Ngati Ōtara Reserve)

· Manukau Harbour (including the foreshore adjacent to Puhinui Reserve and Colin Dale Park).

27. Currently, dogs are allowed under control off a leash in the foreshore areas of Tamaki Estuary and on the foreshore adjacent to Colin Dale Park identified in the previous paragraph. The Department of Conservation currently prohibit dogs on the crown foreshore (the Puhinui Wildlife Refuge) adjacent to Puhinui Reserve.

28. No submission points were received in relation to this topic.

Staff comments

29. No staff comments.

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 without dogs, 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 to allow dogs under control on or off a leash to meet the recreational needs of dogs and their owners.

31. The proposal did not identify any high use areas, but did propose a time and season rule should any high use areas be identified through public consultation (see Table 2 below).

32. Currently, there is no time and season rule in the Otara-Papatoetoe Local Board area.

33. The panel only need consider the following submission points about the proposed time and season rule if it identifies a specific location as a high use area.

34. A total of 28 submission points were received in relation to high use areas. Of these:

· 16 were from local residents and seven from visitors

· 14 were regarding the proposed summer season rule

· 10 were regarding the proposed winter season rule

· Two submitters opposed the proposal.

35. A summary of specific submission points on the proposed time and season rule is provided in Attachment D – Time and season rule submissions.

Table 2: Proposed 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

Staff comments

36. No staff comments.

Submission topic 4 – Dog friendly areas

37. 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.

38. The proposal identified 82 dog friendly (off a leash) areas within Table 7 of the Statement of Proposal (Attachment A).

39. Currently, dogs are allowed under control off a leash in all of the areas proposed to be dog friendly.

40. One submission point in support of the proposal was received in relation to this topic.

Staff comments

41. No staff comments.

Submission topic 5 – Standard areas

42. 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 not balance 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.

43. The proposal identified 77 standard (under control on a leash) areas in Table 8 of the statement of Proposal (Attachment A). These areas include the esplanade reserves in Puhinui Reserve and Colin Dale Park.

44. With the exception of esplanade reserves in Puhinui Reserve, dogs are currently allowed under control off a leash in the areas identified in the previous paragraph. On the esplanade reserves in Puhinui Reserve dogs are currently allowed under control on a leash.

45. A total of five submission points were received in support of standard areas for the following reasons:

· owners do not clean up after dogs or allow dogs to urinate on sand castles

· dogs interfere with belonging, picnics or try to take food

· non-dog owners do not like dog approach them

· owners do not try or unable to control their dogs.

46. A total of two submission points want Colin Dale Park to prohibit dogs because of a higher risk of dogs causing harm and the area being unsuitable to walk a dog.

Staff comments

47. Colin Dale Park is being developed as a motorsport venue.

Submission topic 6 – Ambiguous dog access rules

48. It is proposed to remove any ambiguous rules and rely on whichever dog access rule applies to the wider location.

49. Currently, Otara-Papatoetoe Local board has a rule that requires dogs to be under control on a leash on farm paddocks in parks occupied by stock (e.g. on stocked paddocks in Puhinui Reserve).

50. No submission points were received in relation to this topic.

Staff comments

51. No staff comments.

Submission topic 7 – Other matters

52. A total of 14 submission points were received in relation to this topic. A summary of the matters raised is shown in Table 5 below. The panel cannot make decisions on these matters but can make recommendations to the relevant authority.

Table 3: Summary of other matters raised

Other matter	Total submission points
Dog owner education	1
Improvement to the process	1
More dog parks	5
More rubbish bins	1
More/better enforcement	4
More/better signage	1
Other suggestion	1