Agenda of Puketāpapa Local Board Dog Access Review Panel

Puketāpapa Local Board Dog Access Review Panel

12 August 2016

Hearing and deliberation report on proposed changes to local dog access rules in the Puketapapa Local Board area

File No.: CP2016/16994

Purpose

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

Executive summary

2. The Puketāpapa 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 Puketāpapa Local Board area (resolution PKTPP/2016/117).

3. The proposed changes were adopted by the Puketāpapa Local Board at its business meeting on the 26 May 2016 (resolution PKTPP/2016/117). 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 107 submissions were received, of these 23 submitters indicated that they wished to be heard.

4. The key issue for the Panel relates to the proposed highly sensitive (dogs prohibited) area along the western Manukau beach and foreshore from Lynfield Cove eastwards to 70 Aldersgate Road, Grannys Bay.

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

· hear from the 23 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.

6. 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 Puketāpapa Local Board Dog Access Review 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 – Puketāpapa Local Board – May 2016’

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

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

8. 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, and the public hearing, deliberation and making decisions on the proposed changes having regard to the matters raised in submissions.

9. At its business meeting on 26 November 2015, the Puketāpapa Local Board resolved to undertake a review of its local dog access rules in 2016 (resolution PKTPP/2015/251).

10. Following a pre-consultation period to gather information and community views, the Puketāpapa Local Board adopted proposed changes on the 26 May 2016 for public consultation (resolution PKTPP/2016/117).

11. The Puketāpapa Local Board Dog Access Hearing Panel (‘the Panel’) was appointed to hear, deliberate and make decisions on submissions to the proposed changes (resolution PKTPP/2016/117).

12. The proposed changes are summarised below. A full copy of the proposed changes (including maps) is contained in Attachment A – Statement of Proposal.

· prohibit dog access on the Western Manukau Harbour Beach and Foreshore area, while creating an under control off a leash area along the Eastern Manukau Harbour Beach and Foreshore, Waikowhai Park and Manukau Domain

· remove existing ambiguous rules.

Public Notification for Submissions

13. The public was notified of 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 Puketāpapa Local Board area

· two public Facebook posts on 12 and 13 June 2016

· a public post on Neighbourly website

· an item in the Puketāpapa Local Board e-news

· a public notice in the Central Leader

14. All relevant documents including submission forms, were made available 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

· 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 includes:

· 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 – Deliberations Worksheet to assist the Panel in its deliberations.

Summary of Submissions

18. A total of 107 submissions were received with 395 submission points. Table 1 below summarises the submitter groups.

Table 1 Submitter groups to Puketāpapa local dog access review

Submitter group	Number of submissions	Percentage of submissions
Dog owners	85	79%
Non dog owners	22	21%
Local residents	66	62%
Non-local residents	40	38%
Local dog owners	57	54%
Local non dog owners	9	8%

19. The submission points are summarised into 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. A full copy of the submissions is attached 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 337 submission points were received in relation to the overall proposal. Of these three supported and 11 opposed the proposal in its entirety. Reasons for support included that it fairly provided for the needs of both dog owners and non-dog owners. Reasons for opposition included it was unfair and too restrictive on dog owners, that dogs needed adequate exercise opportunities, and supporting those responsible dog owners.

23. One general submission point supported the area types as a sensible and easy way to explain the dog access rules.

Submission topic 2 – Highly sensitive areas

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

25. The proposal identified the Western Manukau Harbour Beach and Foreshore from Lynfield Cove eastwards to 70 Aldersgate Road, Granny’s Bay as a highly sensitive (dogs prohibited) area.

26. Currently a time and season rule applies to all beach and foreshore areas in the Puketāpapa Local Board area as shown in Table 2 below.

Table 2: Current Puketāpapa beach and foreshore rules

Summer (Labour Weekend until Easter Monday)
Before 9am	9am to 7pm	After 7pm
Water: Under control off-leash Sand: Under control on-leash	Sand and Water Prohibited	Water: Under control off-leash Sand: Under control on-leash
Winter (Tuesday after Easter Monday until the Friday before Labour Weekend)
Before 10am	10am to 4pm	After 4pm
Sand and water: Under control off-leash	Sand: Under control on-leash Water: Under control off-leash	Sand and water: Under control off-leash

27. A total of 168 submission points about this topic are summarised below and in Table 3.

28. Two submission points related to highly sensitive areas generally (not specific to a location). Both supported the highly sensitive area category generally to protect wildlife.

29. A total of 36 general submission points were received for the Western Manukau Harbour Beach and Foreshore, including Waikowhai Bay, Wesley Bay, Wattle Bay, Faulkner Bay and Lynfield Cove. Of these:

· 32 came from dog owners and four from non-dog owners

· 1 non-dog owner supported the proposal as changing it would be unfair to non-dog owners using the area

· nine wanted the area to be dog friendly

· 11 (including two non-dog owners) wanted a standard (on a leash) area

· four wanted the area be less restrictive

· 10 (including one non-dog owner) did not support the proposal

30. Reasons for general opposition to the proposal include being unfair and too restrictive, the area is quiet and primarily used for dog walking and exercise, and generally dogs are kept well under control, supported responsible dog owners, allowed family outings with their dogs.

31. A total of 13 submission points were received about Waikowhai Bay specifically. Of these:

· 12 came from dog owners and one from a non-dog owner

· seven wanted Waikowhai Bay to be dog friendly. Of these

o two wanted less restrictive rules

o two wanted a standard area

o two did not support the proposal.

· Reasons included the need for adequate dog exercise opportunities, that the area was quiet and primarily used for dog walking/exercising, and that dog owners kept their dogs well under control.

32. A total of 8 submission points related to Wesley Bay specifically. Of these:

· seven came from dog owners and one from a non-dog owner

· three wanted the area to be less restrictive, two wanted the area to be dog friendly, two wanted a standard area, and one did not support the proposal. Reasons included supporting responsible dog owners, it is a quiet location where owners generally keep their dogs well under control, and also allowed for family outings with their dogs.

33. Three submission points were received from dog owners who wanted the area west of Cape Horn to Lynfield Cove to remain a highly sensitive area. Reasons included to protect wildlife, it is a quiet location, and it is not suitable and can be dangerous for dogs and dog owners.

34. One submission point from a dog owner wanted Manukau Domain Beach to be dog friendly. Reasons included it is a quiet location, it is not suitable for swimming or playing in the sand, it is adjacent to a dog friendly park (Manukau Domain).

Table 3 Summary of decisions sought to highly sensitive area proposals

Location	Submission Points			Decision sought
	Total	Total Dog Owner	Total Non-Dog Owner	Highly Sensitive area	High use area	Standard area	Dog friendly area	Do not support	More restrictive	Less restrictive
Western Manukau Harbour Beach And Foreshore:
Waikowhai Bay	41	37	4			9	17	10		5
Wesley Bay	36	32	4			9	11	10		6
Wattle Bay	29	26	3			8	8	9		4
Faulkner Bay	29	26	3	1		7	9	10		2
Lynfield Cove	27	24	3			7	8	9		3
West Of Cape Horn To Lynfield Cove	3	3		3
Manukau Domain Beach	1	1					1

Staff comments

35. No staff comments.

Submission topic 3 – High use areas

36. 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 be allowed under control on or off a leash to meet the recreational needs of dogs and their owners.

37. 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 (Table 4).

Table 4: Alternative time and season rule (proposed 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

38. Currently a time and season rule applies to all beach and foreshore in the Puketāpapa Local Board area (Table 2).

39. The Panel only need to consider the following submission points about the proposed time and season rule if it determines that a specific location should be identified as a high use area

40. A total of 42 submission points were received about this topic. Of these:

· 23 were about the proposed summer season rules. Of these:

o 11 supported the proposed summer season rules

o 11 wanted changes to the proposed rules

o five wanted tighter dog access control over summer.

· 15 were about the proposed winter season rules. Of these:

o nine points were supportive of the proposed winter season rules

o six wanted more restrictive access

· Three opposed the proposed time and season rule.

Staff comments

41. No staff comments.

Submission topic 4 – Dog friendly areas

42. 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.

43. It is proposed that dogs be allowed under control off a leash at any time in the following areas:

· the Eastern Manukau Harbour Beach and Foreshore from 70 Aldersgate Road, Granny’s Bay eastward towards 54A Seacliffe Road

· the grassy south west side of Waikowhai Park

· Manukau Domain.

44. Currently a time and season rule applies to all the beach and foreshore in the Puketāpapa Local Board area (Table 2).

45. It is important to note that there are 11 other current under control off a leash areas that were not included in the proposal. These remain under control off a leash areas, and are outside the scope of the hearings and deliberations.

46. A total of 52 submission points were received in relation to this topic and are summarised below and in Table 5.

47. A total of 11 submission points were received about Eastern Manukau Harbour Beach and Foreshore, including Granny’s Bay, Hillsborough Bay, and Taylors Bay. Of these:

· six supported the proposal. Reasons included:

o support for responsible dog owners

o the location is not suited for swimming or playing in the sand

o the need to exercise a dog off leash

o the primary use for the area is by dogs/dog walkers.

· one wanted a highly sensitive area to protect wildlife

· one wanted a high use area as it is nice swimming area

· one wanted a standard area as it is preferable to off a leash

· one specifically wanted Granny’s Bay to be a highly sensitive area as it is difficult to access, quiet, and therefore not suitable and dangerous to walk dogs there.

48. Manukau Domain and Waikowhai park received seven and six submission points respectively. The majority of submission points received were from dog owners in support of the proposed dog friendly areas. One came from a non-dog owner who wanted Manukau Domain to have a more restrictive rule. Reasons include:

· it is an area used by families and children

· owners either can’t or won’t control their dogs, which is unfair to non-dog owners.

49. One submission point from a dog owner wanted to restrict dog access in swimming areas.

Table 5: Summary of decisions sought to dog friendly area proposals

Location	Submission Points			Decision sought
	Total	Total Dog Owner	Total Non-Dog Owner	Highly Sensitive area	High use area	Standard area	Dog friendly area	Do not support	More restrictive	Less restrictive
Eastern Manukau Harbour Beach and Foreshore:
Granny’s Bay	12	12		2	1	1	6	2
Hillsborough Bay	11	11		1	1	1	6	2
Taylors Bay	11	11		1	1	1	6	2

Manukau Domain	7	6	1				6		1
Waikowhai Park	6	6					6

Staff comments

50. No staff comments.

Submission topic 5 – Standard area

51. 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 ensuring 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.

52. The proposal states that all other parks adjacent to the Manukau beach and foreshore not classified as highly sensitive, dog friendly or high use areas, will be standard (under control on a leash) areas.

53. Currently, a default under control on a leash dog access rule applies in all parks not specified as prohibited or under control off a leash area.

54. A total of two submission points were received in relation to this topic as follows:

· the first supports the proposal generally. Reasons include to balance the need for non- dog owners to have a level of comfort in knowing dogs would be securely on a leash, while also allowing dog owners and their family to take their dogs to popular reserves

· the second wants Watea Reserve to be a dog friendly area.

Staff comments

55. No staff comments.

Submission topic 6 – Ambiguous dog access rules

Picnic and fitness apparatus areas

56. The Puketāpapa Local Board has proposed to remove any ambiguous rules and rely on whichever dog access rule applies to the location, such as high use or standard areas.

57. Currently the Puketapapa Local Board has specific rules that require dogs to be under control on a leash anywhere that is developed or marked out as a picnic area.

58. A total of two submission points were received in relation to this topic. Of these two were from dog owners whose preference was that in future picnic areas be standard areas.

Dog exercise areas

59. The proposal is to reclassify all 11 current ‘dog exercise areas’ as under control off a leash areas.

60. The Auckland Council Policy on Dogs 2012 provides an Auckland-wide definition for ‘under control off-leash areas’ which refer to a place shared with other users and ‘designated dog exercise areas’ which refer to a place where dog owners are the priority user.

61. A single submission point was received in relation to this topic. This was from a dog owner who was supportive of the proposal.

Staff comments

62. No staff comments

Submission topic 7 – Other matters

63. A total of 46 submission points were received about matters that are not within the scope of the proposed changes. A summary of the decisions sought are shown in Table 6 below. The Panel cannot make decisions on these matters but can make recommendations to the relevant authority.

Table 6: Summary of other matters raised

Other matter	Total submission points
Improvement to the process	5
Additional control on cats, rats, stoats, possums and ferrets to protect wildlife	5
More/better enforcement	4
More dog parks	4
Dog owner education	3
More/better signage	3
More rubbish bins	3
Free dog litter bags	2
Big King Reserve as a dog friendly area	1
Lynfield Reserve as a dog friendly area	1
Walmsley Park rule be less restrictive	1
Underwood Park rule be less restrictive	1
All area types be adopted as proposed	1
Other suggestion	10

Staff comments

64. The provision of facilities such as dog parks, lighting, amenities and rubbish bins are matters for the local board as part of its management of local parks.

65. Council’s Licencing and Compliance Services provide enforcement and education services.

66. Signage will be improved as areas are reviewed or as part of parks maintenance.

67. Big King Reserve, Lynfield Reserve, Walmsley Park and Underwood Park are four of the 11 current under control off leash areas that were not included in the proposal. These parks are outside the scope of the hearings and deliberations and will remain under control off leash areas.

Attachments