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Whau Local
Board
24 August 2016
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Hearing and deliberation report on proposed changes to
local dog access rules in the Whau Local Board area
File No.: CP2016/17626
Purpose
1. To support the Whau Local Board
Dog Access Hearing Panel with the hearing and deliberation of submissions to
proposed changes to local dog access rules in the Whau Local Board area.
Executive
summary
2. The Whau 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 Whau Local Board area (resolution WH/2016/68).
3. The proposed
changes were adopted by the Whau Local Board at its business meeting on the 18
May 2016 (resolution WH/2016/68). 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 56
submissions were received and 13 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 13 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.
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Recommendation
That the Whau Local Board:
a) in relation to
proposed changes to local dog access rules contained in the document titled
‘Amendments to Auckland Council Policy on Dogs 2012 – Whau Local Board May
2016’ (Attachment A)
i) receive the
submissions in Attachment C - Submissions
ii) receive all
late submissions in Attachment D – Late Submissions
iii) hear the
submitters who wish to be heard in support of their submission.
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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 making decisions on the proposed changes.
8. At its business meeting on 9
December 2015, the Whau Local Board resolved to undertake a review of its local
dog access rules in 2016 (resolution WH/2015/198).
9. Following a
pre-consultation period to gather information and community views, the Whau
Local Board adopted proposed changes on the 18 May 2016 for public consultation
(resolution WH/2016/68).
10. The Whau Local
Board Dog Access Hearing Panel (‘the Panel’) was appointed to hear, deliberate
and make decisions on submissions to the proposed changes (resolution WH/2016/68).
11. The proposed changes:
· maintain similar levels of
dog access within existing off a leash areas
· create consistency in the
way rules are written between the former Auckland City Council and Waitakere
City Council areas
· provide for the protection
of wildlife by prohibiting dog access in certain beach and foreshore areas
· remove existing ambiguous
rules
12. A full copy of the proposed
changes (including maps) are contained in Attachment A – the 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 Whau
Local Board area
· public
posts on Facebook on 14 and 16 July 2016.
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, 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 – Deliberations worksheet to assist the Panel in its
deliberations.
Summary
of Submissions
18. A total of 56 submissions were
received with 157 submission points. Table 1 below summarises the submitter
groups.
Table 1:
Submitter groups to Whau local dog access review
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Submitter group
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Number of submissions
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Percentage of submissions
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Dog
owners
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36
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65%
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Non
dog owners
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20
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35%
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Local
residents
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15
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25%
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Non-local
residents
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41
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75%
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Local
dog owners
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8
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15%
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Local
non-dog owners
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7
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11%
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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 and Attachment D – Late 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 22 submission points
were received in relation to the overall proposal. Of these submission points
three supported the proposal in its entirety, while seven opposed the proposal
in its entirety.
23. Reasons for supporting the
proposal include:
· the
protection of wildlife
· simple
and easy to understand rules.
24. Reasons for those opposed to the
proposal include:
· dogs
need adequate exercise opportunities
· difficult
to understand rules
· support
responsible dog owners
· location
is quiet
· unfair
to dog owners/too restrictive.
25. A total of 12 submission points
from dog owners want more dog access overall. Reasons include:
· dogs
need adequate exercise opportunities
· owners
generally keep their dogs under control
· dogs
help with owner health and fitness
· support
responsible dog owners.
Submission
topic 2 – Highly sensitive areas
26. Highly sensitive areas are places
where the mere presence of a dog can have a negative effect, for instance on
bio-diversity.
27. The proposal identifies two
highly sensitive areas where dogs are prohibited for the protection of
wildlife:
· the
Manukau Harbour beach and foreshore, from the eastern Blockhouse Bay Beach
headland westward (including Blockhouse Bay and Green Bay beach and foreshore)
· the
Whau River (including Wairau Creek).
28. Currently a time and season rule
applies to the former Auckland City side of the Whau Local Board beach and
foreshore area and an under control on a leash rule applies to the former
Waitakere City side at Green Bay Beach (Table 2).
Table 2: Current Whau beach and
foreshore rules
On beaches in the former Waitakere City: under
control on a leash - at all times
On beaches in the former Auckland City:
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Summer (Labour Weekend until Easter Monday)
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Before 9am
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9am to 7pm
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After 7pm
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Water
Under control off a leash
Sand
Under control on a leash
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Sand and Water
Prohibited
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Water
Under control off a leash
Sand
Under control on a leash
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Winter (the Tuesday after Easter Monday
until the Friday before Labour Weekend)
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Before 10am
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10am to 4pm
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After 4pm
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Sand and water
Under control off a leash
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Sand
Under control on a leash
Water
Under control off a leash
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Sand and water
Under control off a leash
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29. A total of nine submission points
were received in relation to this topic. Of these:
· three
support of highly sensitive areas in general, two from dog owners and one from
a non-dog owner. Reasons include the protection of wildlife, and one mentions
the safety and comfort of all users.
· one
non-dog owner oppose the proposal. Reasons include that dogs do not disturb
wildlife and support for responsible dog owners.
· two
non-dog owners want both proposed highly sensitive areas to be identified as
standard (on a leash) areas. Reasons include the protection of wildlife and
children, and support for responsible dog owners.
· one
dog owner wants the Manukau Harbour foreshore to be a standard (on a leash)
area. Reasons include:
o owners
generally keep their dogs well under control
o the
different local board rules are difficult to understand along the foreshore.
· one
dog owner wants Green Bay Beach to be a dog friendly (off a leash) area.
Reasons include:
o area is suitable for dog exercise
o the area is not popular for swimming
o no wildlife concerns in the area.
· one
non-dog owner wants the beach and foreshore of the Lynbrooke Avenue headland to
be a standard (on a leash) area because it is used by many families and
children.
Staff
comments
30. No staff comments.
Submission
topic 3 – High use areas
31. 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.
32. 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 3).
Table 3: Proposed time and season rule
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Summer (Labour Weekend until
31 March)
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Before 10am
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10am to 7pm
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After 7pm
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Under control off a leash
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Prohibited
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Under control off a leash
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Winter (1 April until Friday
before Labour Weekend)
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Before 10am
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10am to 4pm
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After 4pm
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Under control off a leash
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Under control on a leash
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Under control off a leash
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33. Currently a time and season rule
applies to the former Auckland City side of the Whau Local Board beach and
foreshore area and an under control on a leash rule applies to the former
Waitakere City side at Green Bay Beach (Table 2).
34. 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.
35. A total of 54 submission points
were received in relation to this topic. Of these:
· two
are from dog owners regarding high use (time and season) rules generally. Of
these:
o one
wants time and season rules only in the weekend when there are higher numbers
of people present
o one
wants time and season rules only in summer.
· 29
are about the proposed summer season rules. Of these:
o two
(non-dog owners) support the summer proposal
o three
(non-dog owners) want a dogs prohibited rule
o six
(one non-dog owner and five dog owners) want a dog friendly (off a leash) rule
o four
(two non-dog owners and two dog owners) want a standard (on a leash) rule
o five
(two non-dog owners and three dog owners) support the summer core hours
o one
wants an earlier summer core hours start
o eight
want an earlier core hours finish.
· 23
are about the proposed winter season rules. Of these:
o three
(two non-dog owners and one dog owner) support the proposed core hours
o 17
(six non-dog owners and 11 dog owners) want a dog friendly (off leash) rule
o one
(dog owner) wants a dogs prohibited rule
o two
(dog owners) wants a later core evening finish
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. Thirty-seven dog
friendly areas are proposed for the Whau Local Board area where dogs are
allowed under control off a leash. This includes nine of the 12 Auckland City
Council dog exercise areas. A complete list of these areas can be found in the
statement of proposal (Table 8 of Attachment A).
39. The Whau Local Board area
currently has a mix of former Auckland City dog exercise areas and former
Waitakere City off a leash areas.
40. A total of 11 submission points
were received in relation to this topic. Of these:
· two
dog-owners support dog friendly areas in general. Reasons include:
o allows
family outings together with dogs
o dogs
need adequate exercise opportunities.
· five
want more restrictive rules. Reasons include:
o areas
are used by many families and children
o areas
are not suitable/difficult/dangerous to walk dogs in
o higher
risks of dogs causing harm.
· three
want standard (on a leash) areas to protect wildlife.
· one
opposes Craigavon Park being a dog friendly area. A reason for this included
the protection of wildlife.
41. A summary of the decisions sought
are shown in Table 4 below.
Table 4: Summary of decisions sought to dog friendly area
proposals
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Location
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Submission Points
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Decision sought
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Total
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Total Dog Owner
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Total Non-Dog Owner
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Highly Sensitive area
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High use area
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Standard area
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Dog friendly area
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Support proposal
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Do not support
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More restrictive
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Less restrictive
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Dog Friendly areas
generally
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2
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2
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2
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Manawa Wetland
Reserve
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1
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1
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1
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Patts Reserve
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1
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1
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1
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Blockhouse Bay
Recreation Reserve
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1
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1
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1
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La Rosa Garden
Reserve
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1
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1
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1
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Sandy Bay/Gittos
Domain
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2
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2
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2
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Archibald Park
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1
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1
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1
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Brains Park
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1
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1
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1
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Craigavon Park
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1
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1
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1
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Staff
comments
42. No staff comments.
Submission
topic 5 – Standard area
43. 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.
44. Fifty eight
parks are proposed as standard areas for the Whau Local Board area (Table 9 in
Attachment A). This list includes:
· former
Auckland City parks that are currently on a leash
· current
under control off a leash parks in the former Waitakere City which were deemed
too small or inaccessible for dogs to run and play off a leash
· parks
adjacent to highly sensitive areas that are recommended to be on a leash for
the protection of wildlife
· three
of the 12 Auckland City Council dog exercise areas that are unsuitable for dogs
to run and play off a leash.
45. The proposal also applies a
default under control on a leash access rule to any areas not currently
proposed as prohibited, time and season or under control off a leash areas. The
current default access rules (excluding the beach and foreshore default access
rules) are:
· under
control on a leash in all parks in the former Auckland City Council area,
unless otherwise specified
· under
control off a leash at all parks in the former Waitakere City Council area,
unless otherwise specified.
46. A total of two submission points
were received from dog owners in support of standard areas generally. Reasons
include:
· allows
for family outings with dogs
· dogs
need adequate exercise opportunities
· the
protection of wildlife.
47. A total of five submission points
were received on the default access rule. Two from non-dog owners and three
from dog owners. All in support of the default rule being the standard (on
leash) rule. Reasons include:
· unfair
to people using places without dogs
· owners
don’t try or are unable to control their dogs
· dogs
interfere with walkers, joggers and cyclists.
Staff
comments
48. No staff comments.
Submission
topic 6 – Ambiguous dog access rules
Picnic and fitness
apparatus areas
49. The proposal is
to remove ambiguous rules and rely on whichever dog access rule applies to the
location, such as high use or standard areas.
50. Currently the Whau Local Board has
specific rules in the former Auckland City area that require dogs to be under
control on a leash on any area that is developed or marked out as a picnic area
or fitness apparatus area. In the former Waitakere City area this rule applies
to picnic areas and within 10 metres of fitness apparatus.
51. No submission points were
received in relation to this topic.
Dog exercise
areas
52. The proposal is
to reclassify nine of the 12 current ‘dog exercise areas’ as under control off
a leash areas as discussed in Submission topic 4 – Dog friendly areas. The
three other areas are proposed to be standard (under control on a leash) areas
as discussed in Submission topic 5 – Standard areas.
53. 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.
54. No submission points were received in relation to this topic.
Staff
comments
55. No staff comments.
Submission
topic 7 – Other matters
56. A total of 28 submission points
were received about matters that are not within the scope of the proposed
changes. A summary of the matters raised are shown in Table 5 below. The Panel
cannot make decisions on these matters but can make recommendations to the
relevant authority.
Table 5: Summary of other matters
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Other matter
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Total submission
points
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Improvement to the
process
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5
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Dog owner education
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4
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More/better signage
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4
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More/better
enforcement
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4
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Cats and rats are a
bigger problem
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3
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More dog parks
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2
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More rubbish bins
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2
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Free dog litter bags
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2
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Parks with
playgrounds should be standard (on a leash) areas
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1
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Dog rating system
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1
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Staff
comments
57. The provision of facilities such
as dog parks, amenities and rubbish bins are matters for the local board as
part of its management of local parks.
58. Council’s Licencing and
Compliance Services provide enforcement and education services.
59. Signage will be improved as areas
are reviewed or as part of parks maintenance.
Attachments
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No.
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Title
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Page
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aView
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Statement of Proposal
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19
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bView
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Deliberations worksheet
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61
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cView
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Submissions
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63
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dView
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Late Submissions
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129
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Signatories
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Author
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Ashleigh Pihema - Policy Analyst
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Authorisers
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Paul Wilson - Team Leader Bylaws
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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