Minute Item Attachments of Waiheke Local Board

Waiheke Local Board

23 April 2025

Attachment A – Deliberations Table

This attachment provides a structure for deliberations. It contains a summary of public feedback on the proposal, information to assist deliberations and a structure for recording decisions.

The Local Board will have read all the feedback and views in Attachments D, E, F and G.

Important:

· The Local Board must receive the views in public feedback with open mind and give those views due consideration.

· A local board decision to change a local dog access rule must meet regulatory criteria in their delegated authority, Policy on Dogs 2019, Dog Control Act 1996 and Local Government Act 2002 (See Attachment C).

Note:

· The number of comments for key themes may not equal the total number of comments stated for the proposal because they include general comments or exclude operational and non-bylaw related matters. Each comment may also include more than one key theme.

· Percentages for feedback responses may not equal one hundred per cent as submissions that gave ‘no response’ to a proposal are excluded from the table.

· The numbers do not include the 15 feedback responses^{^[1]} on local dog access rules in response to questions in a separate proposal about changes to the Policy and Bylaw on Dogs of regional significance. However, the themes and key changes sought in that feedback are reflected in the deliberations table.

Public Feedback on main proposals

Public feedback on Proposal 1 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Big Oneroa

372 feedback responses from survey and emails: 259 support (70 per cent), 101 oppose (27 per cent) and 155 comments. This includes one feedback response from one organisation (in support) and a pro forma campaign with 5 submissions (in support).

Key themes in support (63):

· Most people in support of the proposal welcome new off-leash areas

o Dogs need to exercise off-leash

o Great to have a spot for dogs to swim in the middle of the day in summer

o Nice to have more dog off-leash / dog friendly spaces in the area / in Auckland

· Some people said the proposal provides a balance between general public and dog needs

o This is a quiet end of the beach, safe for dog owners and their dogs to be off-leash.

Key themes opposed (12):

· Most people opposed to the proposal are concerned with risks caused by irresponsible dog ownership

o Irresponsible dog owners do not keep their dogs under control and cause public safety concerns.

· Many people said the proposal does not provide ‘balanced use’ of public space

o Non-dog walking beach goers should not have to share the beach with dogs during the day.

o The northwestern part of Oneroa beach is a popular family picnic spot as there are many Pohutukawa trees at this end of the beach to shade young children and babies. Dogs off-leash pose a hazard to young children.

o This area of the beach is used regularly by cars to access the beach and to launch boats and yachts.

About the current and proposed rules:

· Current dog access rule

· Proposed dog access rule

A time and season rule applies on Big Oneroa Beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times)

· Dogs allowed under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance)

· Apply the current time and season rule on the rest of the beach

Reason: To provide a new off-leash area without significant risk to natural ecosystems or other users.

About ‘irresponsible dog owners’ feedback:

· The Policy on Dogs sets out dog access rules that help responsible dog owners avoid significant risks. The Policy relies on compliance initiatives, including patrols, education and fines, to manage irresponsible dog owners, such as those who ignore the current rules, do not control their dog or who allow their dog to roam unaccompanied.

· This approach recognises that the personal circumstances of individual responsible dog owners and their dogs vary greatly, and that these responsible dog owners cannot always be expected to know the risks to be avoided or the best way to avoid them.

About ‘balanced use of public space’ feedback:

· The proposed change applies to the northern end of Big Oneroa Beach (northwards of the Korora Road entrance), approximately 200m of the beach.

· The rest of the beach (approximately 1km long) would apply the current time and season rules which prohibit dogs between 10am and 5pm during summer (1 December to 1 March) and allow dogs to be under control off a leash at all other times.

Public feedback on Proposal 1 – Key changes sought	Staff comment (information to assist deliberations)	Local Board decision
Key changes sought (retain rule – Option 1) (101 responses) · Retain current time and season rule on Big Oneroa Beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash all other times) Key changes sought (proposed change – Option 2) (259 responses) · Amend rule to allow dogs under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) and continue to apply the current time and season rule on the rest of the beach Key changes sought (other suggestions) (6 responses) · Make the southern end of the beach off-leash · Extend the off-leash zone to the toilet blocks and the stairs · Change the time and season rule for summer from 10am-5pm to 10am-4pm to allow more off-leash time · Prohibit dogs or require dogs to be on-leash at all times on the entire beach · If the rule for the northern end of the beach is changed to off-leash at all times then the rule for the rest of the beach should be changed to prohibit dogs or keep dogs on-leash at all times · Encourage dog owners to go to other off-leash areas nearby (e.g. Alison Park, Owhanake Bay, Hekerua Bay) Key changes sought (‘operational measures’) (4 responses) · increase presence of animal control officers and issue more fines in the park · more signage / clear demarcation for the different zones.	About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in more dog access, is a focus on whether the proposed off-leash areas provide for the needs of dogs and their owners in a way that does not create a significant risk of conflict and whether the rule is easy to understand.^{^[2]} · In the context of Big Oneroa Beach, this includes for example: o considering whether the off-leash area would provide a ‘daily’ 10am to 5pm summer off-leash beach experience for local dog owners or will it also attract visitors o considering whether the narrow access along Waikare Road and Korora Road with no footpath, and limited parking for 4-5 vehicles on Korora Road, would create a significant risk of people taking dogs along the beach during prohibited summer times to reach the off-leash area o considering whether the proposed off-leash area is as busy during the summer daytime as other parts of the beach, in particular with families and young children o considering whether boats, yachts and cars on the beach, boat ramp, narrow roads and absence of roadside footpaths create a significant safety risk to dogs, their owners or boaties (noting that the region-wide rule that requires dogs to be on-leash on all boat ramps, roads and car parking areas seeks to address this risk) o considering whether the boundary of the off-leash area is easy to understand, noting that access during prohibited summer daytime hours is only from Beach Parade off Korora Road which is ‘easy to signpost’, but that once on the beach the only reference point is the Beach Parade entrance · If the rule would create a significant risk to other beach users or be difficult to understand, then it may be better to retain the current time and season rule. Note: For any change to the current dog access rule, the local board must consider allocating funding for any costs such as new signage (indicative figures provided in Attachment B of December 2024 agenda report) and any additional parking. About ‘other suggestions’ and ‘operational measures’ requests: · These matters are best addressed in Other Matters.	That the proposal to allow dogs to be off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) be adopted as publicly notified. Reasons include to: as stated in the proposal / local support. Request through the Chief Executive to the manager responsible for Parks and Community Facilities to install signs at Big Oneroa Beach outlining the different zones (with a map).

Public feedback on Proposal 1 – Key changes sought

Staff comment (information to assist deliberations)

Local Board decision

Key changes sought (retain rule – Option 1) (101 responses)

· Retain current time and season rule on Big Oneroa Beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash all other times)

Key changes sought (proposed change – Option 2) (259 responses)

· Amend rule to allow dogs under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) and continue to apply the current time and season rule on the rest of the beach

Key changes sought (other suggestions) (6 responses)

· Make the southern end of the beach off-leash

· Extend the off-leash zone to the toilet blocks and the stairs

· Change the time and season rule for summer from 10am-5pm to 10am-4pm to allow more off-leash time

· Prohibit dogs or require dogs to be on-leash at all times on the entire beach

· If the rule for the northern end of the beach is changed to off-leash at all times then the rule for the rest of the beach should be changed to prohibit dogs or keep dogs on-leash at all times

· Encourage dog owners to go to other off-leash areas nearby (e.g. Alison Park, Owhanake Bay, Hekerua Bay)

Key changes sought (‘operational measures’) (4 responses)

· increase presence of animal control officers and issue more fines in the park

· more signage / clear demarcation for the different zones.

About the local board decision-making criteria

· In general, the most relevant criteria in Appendix C for decisions resulting in more dog access, is a focus on whether the proposed off-leash areas provide for the needs of dogs and their owners in a way that does not create a significant risk of conflict and whether the rule is easy to understand.^{^[2]}

· In the context of Big Oneroa Beach, this includes for example:

o considering whether the off-leash area would provide a ‘daily’ 10am to 5pm summer off-leash beach experience for local dog owners or will it also attract visitors

o considering whether the narrow access along Waikare Road and Korora Road with no footpath, and limited parking for 4-5 vehicles on Korora Road, would create a significant risk of people taking dogs along the beach during prohibited summer times to reach the off-leash area

o considering whether the proposed off-leash area is as busy during the summer daytime as other parts of the beach, in particular with families and young children

o considering whether boats, yachts and cars on the beach, boat ramp, narrow roads and absence of roadside footpaths create a significant safety risk to dogs, their owners or boaties (noting that the region-wide rule that requires dogs to be on-leash on all boat ramps, roads and car parking areas seeks to address this risk)

o considering whether the boundary of the off-leash area is easy to understand, noting that access during prohibited summer daytime hours is only from Beach Parade off Korora Road which is ‘easy to signpost’, but that once on the beach the only reference point is the Beach Parade entrance

· If the rule would create a significant risk to other beach users or be difficult to understand, then it may be better to retain the current time and season rule.

Note: For any change to the current dog access rule, the local board must consider allocating funding for any costs such as new signage (indicative figures provided in Attachment B of December 2024 agenda report) and any additional parking.

About ‘other suggestions’ and ‘operational measures’ requests:

· These matters are best addressed in Other Matters.

That the proposal to allow dogs to be off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance)

be adopted as publicly notified.

Reasons include to: as stated in the proposal / local support.

Request through the Chief Executive to the manager responsible for Parks and Community Facilities to install signs at Big Oneroa Beach outlining the different zones (with a map).

Public feedback on Proposal 2 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Blackpool Beach

268 feedback responses from survey and emails: 92 support (34 per cent), 158 oppose (59 per cent) and 99 comments. This includes one feedback response from one organisation (opposed).

Key themes in support (27):

· Most people in support of the proposal said it provides protection to vulnerable wildlife

o Providing protection to shorebirds such as dotterels and oystercatchers and aligning with conservation goals.

· Some people said the proposal strikes a balanced use of public space

o There are plenty of places for dogs to be walked in Blackpool and surrounding areas. Having beach access at any time on the eastern beach area is a significant benefit and should suffice in opportunities for dog owners and their dogs.

Key themes opposed (63):

· Most people said the proposed rules are too strict and rules should be kept as they are now

o The proposed off-leash area is too small / muddy.

o Dogs owners would not be able to walk the Te Ara Hura walking trails.

o Council should provide more off-leash / dog friendly spaces.

o Requiring dogs on a leash is sufficient to provide protection to shorebirds.

· Some people also said the proposed rules unfairly punished responsible dog owners

o Responsible dog owners should be able to walk their dogs here. Stop limiting the good owners.

About current and proposed rules:

· Current dog access rule

· Proposed dog access rule

· Dogs allowed under control on a leash at all times on the western beach area (west of Moa Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any times on the eastern beach area (east of Moa Avenue) (Schedule 2).

Dogs prohibited at all times on the western beach area (west of Moa Avenue) (Schedule 2).

Dogs allowed under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2).

Reason: To better protect nesting shorebirds on the western beach area like dotterels, godwits, little blue penguins and variable oystercatchers, vulnerable to being disturbed, harmed or killed by dogs.

Note: There have been several temporary changes in the past years to ban dogs from Blackpool Beach, on all beach and intertidal areas west of Moa Avenue and east of Tahatai Road.

About ‘protection to vulnerable wildlife” feedback:

· Evidence from council’s Environmental Services team shows Blackpool Beach has several threatened species present which may nest on this beach, including little blue penguin (At Risk-Declining) and particularly high numbers of New Zealand dotterel (At Risk-Recovering) and variable oystercatcher (At Risk-Recovering). The beach is also an important breeding ground for the bar-tailed Godwin.

· Dogs (both on-leash and off-leash) could endanger, cause distress and nuisance to protected shorebird species, especially New Zealand dotterels, bar-tailed godwits and other protected shorebirds, which roost on this part of the beach at high tide.

About ‘not balanced use of public space’ feedback:

· The proposed change applies to west of Moa Avenue (approximately 600 meters of beach). The rest of the beach (approximately 400 meters long) would continue to allow dogs to be under control off a leash at any time.

About ‘punishing responsible dog owners’ feedback:

· Dog access rules aim to keep everyone safe at public spaces, including dog owners and their dogs.

· The risk to responsible dog owners and their dogs is significant if a dog causes the death of protected wildlife - up to three years in prison or a fine up to $20,000 and destruction of the dog.

Public feedback on Proposal 2 – Key changes sought	Staff comment (information to assist deliberations)	Local Board decision
Key changes sought (retain rule – Option 1) (158 responses) · Retain current rules that allow dogs under control on a leash at all times on the western beach area (west of Moa Avenue) and under control off a leash at any time on the eastern beach area (east of Moa Avenue) Key changes sought (proposed change – Option 2) (92 responses) · Amend the rules to allow dogs under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2) and prohibited at all times on the western beach area (west of Moa Avenue) Key changes sought (other suggestions) (1 response) · Have only one rule for the entire beach to make the rule simple and easier to follow (3 suggested prohibiting dogs for the entire beach, 2 suggested to have dogs on a leash at all times) Key changes sought (‘operational measures’) (6 responses) · increase presence of animal control officers and issue more fines in the park · more education and support for responsible dog owners · more training for the general public to raise awareness around dogs.	About the ‘keeping the rule simple’ request: · Local residents and visitors are accustomed to two different rules on Blackpool Beach due to the temporary changes in the last few years. · The proposed rules use the same demarcation line (Moa Avenue) as the temporary change which is easy to understand and follow. Additional educational signs on Moa Avenue and new signs on other access points from Kiwi Street and Tui Street would help further educate visitors about the new rules. About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, is a focus on determining whether there is a significant risk of conflict between users, whether there are no practicable alternative solutions to address that conflict, whether (to the extent practicable) displaced dog owners and their dogs have access to other areas, and whether the rule is easy to understand.^{^[3]} · In the context of Blackpool Beach, this includes for example: o considering whether the proposed prohibition (rather than on-leash) would better protect the endangered species as well as dog owners from significant statutory penalties o considering whether there are still ‘daily’ off-leash opportunities for local dog owners, noting that dog owners can still walk their dog on a leash along The Esplanade adjacent to the proposed prohibited area, that off-leash areas remain nearby at the eastern end of the beach and at Blackpool Park, and there are nearby off-leash opportunities at Big Oneroa Beach o considering whether the two rules will be easy to understand, including for visitors, noting that the demarcation line at Moa Avenue has been used for the last few years Note: The local board must consider allocating funding for any costs in relation to Option 2 such as new signage (indicative figures provided in Attachment B December 2024 agenda report). About ‘operational measures’ request: · These matters are best addressed in Other Matters.	That the proposal to prohibit dogs on the Blackpool Beach west of Moa Avenue. be adopted as publicly notified. Reasons include to: as stated in the proposal / local support. Note: Support for dogs to be prohibited in the whole area due to wild birds.

Public feedback on Proposal 2 – Key changes sought

Staff comment (information to assist deliberations)

Local Board decision

Key changes sought (retain rule – Option 1) (158 responses)

· Retain current rules that allow dogs under control on a leash at all times on the western beach area (west of Moa Avenue) and under control off a leash at any time on the eastern beach area (east of Moa Avenue)

Key changes sought (proposed change – Option 2) (92 responses)

· Amend the rules to allow dogs under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2) and prohibited at all times on the western beach area (west of Moa Avenue)

Key changes sought (other suggestions) (1 response)

· Have only one rule for the entire beach to make the rule simple and easier to follow (3 suggested prohibiting dogs for the entire beach, 2 suggested to have dogs on a leash at all times)

Key changes sought (‘operational measures’) (6 responses)

· increase presence of animal control officers and issue more fines in the park

· more education and support for responsible dog owners

· more training for the general public to raise awareness around dogs.

About the ‘keeping the rule simple’ request:

· Local residents and visitors are accustomed to two different rules on Blackpool Beach due to the temporary changes in the last few years.

· The proposed rules use the same demarcation line (Moa Avenue) as the temporary change which is easy to understand and follow. Additional educational signs on Moa Avenue and new signs on other access points from Kiwi Street and Tui Street would help further educate visitors about the new rules.

About the local board decision-making criteria

· In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, is a focus on determining whether there is a significant risk of conflict between users, whether there are no practicable alternative solutions to address that conflict, whether (to the extent practicable) displaced dog owners and their dogs have access to other areas, and whether the rule is easy to understand.^{^[3]}

· In the context of Blackpool Beach, this includes for example:

o considering whether the proposed prohibition (rather than on-leash) would better protect the endangered species as well as dog owners from significant statutory penalties

o considering whether there are still ‘daily’ off-leash opportunities for local dog owners, noting that dog owners can still walk their dog on a leash along The Esplanade adjacent to the proposed prohibited area, that off-leash areas remain nearby at the eastern end of the beach and at Blackpool Park, and there are nearby off-leash opportunities at Big Oneroa Beach

o considering whether the two rules will be easy to understand, including for visitors, noting that the demarcation line at Moa Avenue has been used for the last few years

Note: The local board must consider allocating funding for any costs in relation to Option 2 such as new signage (indicative figures provided in Attachment B December 2024 agenda report).

About ‘operational measures’ request:

· These matters are best addressed in Other Matters.

That the proposal to prohibit dogs on the Blackpool Beach west of Moa Avenue.

be adopted as publicly notified.

Reasons include to: as stated in the proposal / local support.

Note: Support for dogs to be prohibited in the whole area due to wild birds.

Public feedback on Proposal 3 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Onetangi Beach

449 feedback responses from survey and emails: 232 support (52 per cent), 200 oppose (45 per cent) and 354 comments. This includes feedback responses from two organisations (one in support, one opposed) and a pro forma campaign with 5 submissions (in support).

Key themes in support (75):

· Most people who support the proposal welcome new off-leash areas

o Nice to have more dog off-leash space in the area / in Auckland

o There is a lack of off-leash space in the area / in Auckland

· Some people also said the proposal provides a balance between general public and dog needs

Key themes opposed (140):

· Most people who oppose the proposal said the rules are likely to be too difficult to enforce / rules should be kept as they are now

o The current rules work fine so don’t change them.

o Splitting the beach into three zones is too complicated and too difficult to enforce.

· Some people opposed the change to prohibit dogs on the western end but supported the new off-leash area on the eastern end

o Proposed rules to prohibit dogs are too restrictive

o Dogs and their owners need more off-leash opportunities.

o The western side is a popular site for boaties to moor boats.

o The dog prohibited zone would take away the recreational opportunities for people to take their dogs to the beach.

· Some people opposed the change to create a new off-leash area on the eastern end but supported the prohibition on the western end

o The western side is a critical shared space for a variety of activities, including family gatherings, recreational use, and boat access, with trailers regularly parking and launching in this vicinity. Allowing unrestricted off-leash access to dogs would significantly disrupt these activities and compromise safety and enjoyment for other beach users.

About current and proposed rules

· Current dog access rule

· Proposed dog access rule

Dogs prohibited at all times on the western end of the beach (westwards of the rocky outcrop) (Schedule 2).

A time and season rule applies on the rest of the beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) (Schedule 2).

· Dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue) (Schedule 2)

· Apply the current time and season rule on the central beach area (from Seventh to Third Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any time on the eastern end of the beach (eastwards of Third Avenue) (Schedule 2).

Reason: To provide a new off-leash area while better protecting vulnerable nesting dotterels on the western area of the beach.

Note: A temporary change was in place in the last year to require dogs to be under control on a leash at all times between the rocky outcrop and west of Seventh Avenue to protect a new nest.

About ‘protect wildlife’ feedback:

· Environmental Services staff identify the western end of Onetangi Beach as an important high tide roosting / breeding site for a number of shorebird species including variable oystercatcher and New Zealand dotterel. High tide roosts for shorebirds are of a very limited extent around Auckland, and many of them are under pressure from development and recreational activities, including dog walking. Roosting shorebirds are easily disturbed by beachgoers and their dogs, even on-leash.

· A temporary change has been used to require dogs to be on a leash at all times between the rocky outcrop and Seventh Avenue to avoid any danger, distress and nuisance between dogs and protected shorebird species, specifically to protect nesting and fledging New Zealand dotterels.

· There has also been sightings of dotterels between Sixth Avenue and Seventh Avenue. Environmental Services staff note that there has been failed breeding seasons between Sixth Avenue and Seventh Avenue and the dotterels have not returned.

About ‘ineffective rules’ feedback:

· The proposed rules divide the beach (approximately 2km long) into three sections. More details of the changes and maps are provided in the next table.

About ‘prohibited rules being too restrictive’ feedback:

· Dog access rules aim to keep everyone safe at public spaces, including dog owners and their dogs.

· The risk to responsible dog owners and their dogs is significant if a dog causes the death of protected wildlife - up to three years in prison or a fine up to $20,000 and destruction of the dog.

Public feedback on Proposal 3 – Key changes sought	Staff comment (information to assist deliberations)	Local Board decision
Key changes sought (retain rule – Option 1) (140 responses) · Retain current rules that prohibit dogs at all times on the western end of the beach (westwards of the rocky outcrop) and apply a time and season rule on the rest of the beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) Key changes sought (proposed change – Option 2A) (232 responses) · Amend the rules to separate Onetangi Beach into three zones; dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue), apply the current time and season rule on the central beach area (from Seventh to Third Avenue), and dogs allowed under control off a leash at any time on the eastern end of the beach (eastwards of Third Avenue) Key changes sought (two zones of different rules – Option 2B) (15 responses) · Amend the rules to allow dogs under control off a leash at any time on the eastern half of the beach (eastwards of Sixth Avenue) and dogs prohibited on the western half of the beach (westwards of Sixth Avenue) Key changes sought (other suggestions) (30 responses) · Prohibit dogs / require dogs to be on-leash at all times on other parts of or the entire beach · Extend the off-leash area or make the whole beach off-leash · Amend the time and season rule to allow longer off-leash time (e.g. to shorten the summer day time to 4pm) Key changes sought (‘more enforcement and education’) (13 responses) · increase presence of animal control officers and issue more fines in the park · improve signage to improve compliance.	About the options contained in the proposal: · The proposal invited feedback on three options for Onetangi Beach which is about 2km long. Option 1: Current rules Option 2A: Proposed rules Option 2B: Alternative rules About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in more and less dog access, is a focus on whether proposed off-leash areas provide for the needs of dogs and their owners, whether there is a significant risk of conflict between users, whether there are no practicable alternative solutions to address that conflict, whether (to the extent practicable) displaced dog owners and their dogs have access to other areas, and whether the rule is easy to understand.^{^[4]} · In the context of Onetangi Beach, this includes for example: o considering whether there is a significant risk of conflict with other beach users at the eastern end of the beach (the proposed off-leash area), noting it is a popular area for families during the summer o considering whether the proposed expansion of the dog prohibition area would better protect endangered bird species, noting that it is a popular area for launching boats and noting that Environmental Services have adopted temporary dog access prohibitions to Seventh Avenue and may adopt future bans to Sixth Avenue to protect nesting dotterels o considering whether the proposed off-leash area, existing nearby inland off-leash areas (such as Pōhutukawa Reserve Onetangi) or remaining time and season parts of the beach provide practicable alternatives o considering whether the proposed boundaries are too confusing or will lead to dogs inadvertently being taken to prohibited parts of the beach. · Note: If any change to the dog access rules are made, the local board must consider allocating funding for any costs such as new signage (indicative figures provided in Attachment B of December 2024 agenda report). About ‘other suggestions’ and ‘more enforcement and education’ request’: · These matters are best addressed in Other Matters.	That the proposal to prohibit dogs on the western end of Onetangi Beach (westwards of Seventh Avenue) and allow dogs under control off a leash at any time eastwards of Third Avenue be amended to remove the off leash area at the eastern end. Reasons: Public interest, simplify access rules and supporting protection of wildlife.

Public feedback on Proposal 3 – Key changes sought

Staff comment (information to assist deliberations)

Local Board decision

Key changes sought (retain rule – Option 1) (140 responses)

· Retain current rules that prohibit dogs at all times on the western end of the beach (westwards of the rocky outcrop) and apply a time and season rule on the rest of the beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times)

Key changes sought (proposed change – Option 2A) (232 responses)

· Amend the rules to separate Onetangi Beach into three zones; dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue), apply the current time and season rule on the central beach area (from Seventh to Third Avenue), and dogs allowed under control off a leash at any time on the eastern end of the beach (eastwards of Third Avenue)

Key changes sought (two zones of different rules – Option 2B) (15 responses)

· Amend the rules to allow dogs under control off a leash at any time on the eastern half of the beach (eastwards of Sixth Avenue) and dogs prohibited on the western half of the beach (westwards of Sixth Avenue)

Key changes sought (other suggestions) (30 responses)

· Prohibit dogs / require dogs to be on-leash at all times on other parts of or the entire beach

· Extend the off-leash area or make the whole beach off-leash

· Amend the time and season rule to allow longer off-leash time (e.g. to shorten the summer day time to 4pm)

Key changes sought (‘more enforcement and education’) (13 responses)

· increase presence of animal control officers and issue more fines in the park

· improve signage to improve compliance.

About the options contained in the proposal:

· The proposal invited feedback on three options for Onetangi Beach which is about 2km long.

Option 1: Current rules

A satellite image of a beach

AI-generated content may be incorrect.

Option 2A: Proposed rules

A map of a beach

AI-generated content may be incorrect.

Option 2B: Alternative rules

A green and red sign

AI-generated content may be incorrect.

About the local board decision-making criteria

· In general, the most relevant criteria in Appendix C for decisions resulting in more and less dog access, is a focus on whether proposed off-leash areas provide for the needs of dogs and their owners, whether there is a significant risk of conflict between users, whether there are no practicable alternative solutions to address that conflict, whether (to the extent practicable) displaced dog owners and their dogs have access to other areas, and whether the rule is easy to understand.^{^[4]}

· In the context of Onetangi Beach, this includes for example:

o considering whether there is a significant risk of conflict with other beach users at the eastern end of the beach (the proposed off-leash area), noting it is a popular area for families during the summer

o considering whether the proposed expansion of the dog prohibition area would better protect endangered bird species, noting that it is a popular area for launching boats and noting that Environmental Services have adopted temporary dog access prohibitions to Seventh Avenue and may adopt future bans to Sixth Avenue to protect nesting dotterels

o considering whether the proposed off-leash area, existing nearby inland off-leash areas (such as Pōhutukawa Reserve Onetangi) or remaining time and season parts of the beach provide practicable alternatives

o considering whether the proposed boundaries are too confusing or will lead to dogs inadvertently being taken to prohibited parts of the beach.

· Note: If any change to the dog access rules are made, the local board must consider allocating funding for any costs such as new signage (indicative figures provided in Attachment B of December 2024 agenda report).

About ‘other suggestions’ and ‘more enforcement and education’ request’:

· These matters are best addressed in Other Matters.

That the proposal to prohibit dogs on the western end of Onetangi Beach (westwards of Seventh Avenue) and allow dogs under control off a leash at any time eastwards of Third Avenue be amended to remove the off leash area at the eastern end.

Reasons: Public interest, simplify access rules and supporting protection of wildlife.

Other matters

Other matter	Staff comment (information to assist deliberations)	Local Board Decision
Operational and non-local dog access rule-related feedback Key comments The Local Board could, if it wishes, deliberate on any of the matters raised Attachments D to G in relation to the following requests: · to increase presence of animal control officers and issue more fines on Big Oneroa Beach · more signage / clear demarcation for the different zones on Big Oneroa Beach.	About ‘Operational and non-local dog access rule-related’ feedback · This is an opportunity for the Local Board to deliberate on any matters contained in Attachments D to G that it considers require more direction from elected members. About ‘more enforcement’ requests: · Council’s Animal Management team administer dog owner obligations under the Dog Control Act 1996 and Policy on Dogs. The teams priority focus is on dogs that are dangerous, menacing, attack, cause distress or roam unaccompanied. · In relation to dog access rules, areas of high non-compliance (‘hot-spots’) are identified from public complaints and included in scheduled patrols. Officers use a ‘modern regulator’ approach to compliance that includes education, warnings and infringement fines ($300) to change people’s behaviours. About ‘more signage and clear demarcation’ requests: · Any change to a dog access rule requires consideration of clear boundaries and signage.	That in relation to the operational or non-local dog access rule-related feedback contained in Attachments D to G: · To increase presence and operational hours of local animal management on Waiheke Island · any matters not referred to above be referred to relevant council areas for consideration.
Requests for changes to other local dog access rules Key changes sought and reasons: · Palm Beach (6): Want less (5) and more (1) dog access · Hekerua Bay (2): Want less (1) and more (1) dog access. · Locations not specified (all Waiheke beaches) (1)	About new requests for changes to local dog access rules · Requests for changes to dog access rules require assessment against regulatory criteria. · If the request meets the criteria and the relevant decision-making authority considers a change is appropriate, the change must be publicly notified (including to all known dog owners in Auckland) for feedback prior to a final decision being made. · There are 22 decision-making authorities, the Regulatory and Safety Committee for regional rules and 21 Local Boards for local rules. · Individual requests are considered as a ‘batch’. The timing for each ‘batch’ is scheduled within council’s wider bylaw review work programme that includes the periodic review of all 17 council bylaws, 14 associated bylaw controls and input into legislative reviews related to bylaws. The timing of the next ‘batch’ is yet to be determined with a focus in 2025/26 on the review of bylaws about waste, food, navigation and health and hygiene.	That requests for changes to local dog access rules at specific locations received in public feedback not related to the proposed changes be referred to the relevant council department for inclusion in the next ‘batched’ consideration of dog access change requests. Reasons include to comply with the local boards regulatory requirements in their delegated authority, Policy on Dogs 2019, Dog Control Act 1996 and Local Government Act 2002 and coordination of decision-making across all 22 decision-making authorities for dog access rules in Auckland.

Other matter

Staff comment (information to assist deliberations)

Local Board Decision

Operational and non-local dog access rule-related feedback

Key comments

The Local Board could, if it wishes, deliberate on any of the matters raised Attachments D to G in relation to the following requests:

· to increase presence of animal control officers and issue more fines on Big Oneroa Beach

· more signage / clear demarcation for the different zones on Big Oneroa Beach.

About ‘Operational and non-local dog access rule-related’ feedback

· This is an opportunity for the Local Board to deliberate on any matters contained in Attachments D to G that it considers require more direction from elected members.

About ‘more enforcement’ requests:

· Council’s Animal Management team administer dog owner obligations under the Dog Control Act 1996 and Policy on Dogs. The teams priority focus is on dogs that are dangerous, menacing, attack, cause distress or roam unaccompanied.

· In relation to dog access rules, areas of high non-compliance (‘hot-spots’) are identified from public complaints and included in scheduled patrols. Officers use a ‘modern regulator’ approach to compliance that includes education, warnings and infringement fines ($300) to change people’s behaviours.

About ‘more signage and clear demarcation’ requests:

· Any change to a dog access rule requires consideration of clear boundaries and signage.

That in relation to the operational or non-local dog access rule-related feedback contained in Attachments D to G:

· To increase presence and operational hours of local animal management on Waiheke Island

· any matters not referred to above be referred to relevant council areas for consideration.

Requests for changes to other local dog access rules

Key changes sought and reasons:

· Palm Beach (6): Want less (5) and more (1) dog access

· Hekerua Bay (2): Want less (1) and more (1) dog access.

· Locations not specified (all Waiheke beaches) (1)

About new requests for changes to local dog access rules

· Requests for changes to dog access rules require assessment against regulatory criteria.

· If the request meets the criteria and the relevant decision-making authority considers a change is appropriate, the change must be publicly notified (including to all known dog owners in Auckland) for feedback prior to a final decision being made.

· There are 22 decision-making authorities, the Regulatory and Safety Committee for regional rules and 21 Local Boards for local rules.

· Individual requests are considered as a ‘batch’. The timing for each ‘batch’ is scheduled within council’s wider bylaw review work programme that includes the periodic review of all 17 council bylaws, 14 associated bylaw controls and input into legislative reviews related to bylaws.

The timing of the next ‘batch’ is yet to be determined with a focus in 2025/26 on the review of bylaws about waste, food, navigation and health and hygiene.

That requests for changes to local dog access rules at specific locations received in public feedback not related to the proposed changes be referred to the relevant council department for inclusion in the next ‘batched’ consideration of dog access change requests.

Reasons include to comply with the local boards regulatory requirements in their delegated authority, Policy on Dogs 2019, Dog Control Act 1996 and Local Government Act 2002 and coordination of decision-making across all 22 decision-making authorities for dog access rules in Auckland.

Comparison tables

	Current local dog access rule	Proposed local dog access rule	Local dog access rule that implements the Local Board decision in the above deliberations table
Proposal 1: Big Oneroa Beach	For the beach areas: · A time and season rule applies on Big Oneroa Beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) (Schedule 2). Rule as contained in the Policy on Dogs 2019 Schedule 2, A time and season rule applies to the following areas: 1) Big Oneroa Beach	For the beach areas: · Dogs allowed under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) (Schedule 2) · Apply the current time and season rule on the rest of the beach (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 · Schedule 2, Dogs are allowed under control off a leash in the following areas: 88) Big Oneroa Beach: northwards of the Korora Road entrance. A time and season rule applies to the following areas: 1) Big Oneroa Beach: southwards of the Korora Road entrance.	Local board decision For the beach areas: · Dogs allowed under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) (Schedule 2) · Apply the current time and season rule on the rest of the beach (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 · Schedule 2, Dogs are allowed under control off a leash in the following areas: 88) Big Oneroa Beach: northwards of the Korora Road entrance. A time and season rule applies to the following areas: 1) Big Oneroa Beach: southwards of the Korora Road entrance.
Proposal 2: Blackpool Beach	For the beach areas: · Dogs allowed under control on a leash at all times on the western beach area (west of Moa Avenue) (Schedule 2). · Dogs allowed under control off a leash at any times on the eastern beach area (east of Moa Avenue) (Schedule 2). Rule as contained in the Policy on Dogs 2019 Schedule 2, Dogs are allowed under control off a leash in the following areas: 7) Blackpool Beach: east of Moa Avenue. Westwards of Moa Avenue under control on a leash.	For the beach areas: · Dogs prohibited at all times on the western beach area (west of Moa Avenue) (Schedule 2). · Dogs allowed under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 Schedule 2, Dogs are allowed under control off a leash in the following areas: 7) Blackpool Beach: east of Moa Avenue. ~~Westwards of Moa Avenue under control on a leash.~~ Dogs are prohibited in the following areas to protect wildlife: 13) Blackpool Beach: west of Moa Avenue.	Local board decision For the beach areas: · Dogs prohibited at all times on the western beach area (west of Moa Avenue) (Schedule 2). · Dogs allowed under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 Schedule 2, Dogs are allowed under control off a leash in the following areas: 7) Blackpool Beach: east of Moa Avenue. ~~Westwards of Moa Avenue under control on a leash.~~ Dogs are prohibited in the following areas to protect wildlife: 13) Blackpool Beach: west of Moa Avenue.
Proposal 3: Onetangi Beach	For the beach areas: · Dogs prohibited at all times on the western end of the beach (westwards of the rocky outcrop) (Schedule 2). · A time and season rule applies on the rest of the beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) (Schedule 2). Rule as contained in the Policy on Dogs 2019 Schedule 2, A time and season rule applies to the following areas: 4) Onetangi Beach: from rocky outcrop at western end of beach to eastern end of the beach area. Dogs are prohibited in the following areas to protect wildlife: 6) Onetangi Beach: westwards of rocky outcrop at northern end of beach.	For the beach areas: · Dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue) (Schedule 2) · Apply the current time and season rule on the central beach area (from Seventh to Third Avenue) (Schedule 2). · Dogs allowed under control off a leash at any time on the eastern end of the beach (eastwards of Third Avenue) (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 Schedule 2, Dogs are allowed under control off a leash in the following areas: 87) Onetangi Beach: on the eastern beach area (eastwards of Third Avenue) A time and season rule applies to the following areas: 4) Onetangi Beach: on the central beach area (from Seventh Avenue to Third Avenue) ~~from rocky outcrop at western end of beach to eastern end of the beach area.~~ Dogs are prohibited in the following areas to protect wildlife: 6) Onetangi Beach: on the western beach area (westwards of Seventh Avenue) ~~westwards of rocky outcrop at northern end of beach.~~	Local board decision For the beach areas: · Dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue) (Schedule 2) · Apply the current time and season rule on the rest of the beach (Schedule 2). Amendment to rule contained in the Policy on Dogs 2019 A time and season rule applies to the following areas: 4) Onetangi Beach: from Seventh Avenue ~~from rocky outcrop at western end of beach~~ to the eastern end of the beach area. Dogs are prohibited in the following areas to protect wildlife: 6) Onetangi Beach: on the western beach area (westwards of Seventh Avenue) ~~westwards of rocky outcrop at northern end of beach.~~

Current local dog access rule

Proposed local dog access rule

Local dog access rule that implements the Local Board decision in the above deliberations table

Proposal 1: Big Oneroa Beach

For the beach areas:

· A time and season rule applies on Big Oneroa Beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) (Schedule 2).

Rule as contained in the Policy on Dogs 2019

Schedule 2, A time and season rule applies to the following areas:

1) Big Oneroa Beach

For the beach areas:

· Dogs allowed under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) (Schedule 2)

· Apply the current time and season rule on the rest of the beach (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

· Schedule 2, Dogs are allowed under control off a leash in the following areas:

88) Big Oneroa Beach: northwards of the Korora Road entrance.

A time and season rule applies to the following areas:

1) Big Oneroa Beach: southwards of the Korora Road entrance.

Local board decision

For the beach areas:

· Dogs allowed under control off a leash at any time at the northern end of Big Oneroa Beach (northwards of the Korora Road entrance) (Schedule 2)

· Apply the current time and season rule on the rest of the beach (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

· Schedule 2, Dogs are allowed under control off a leash in the following areas:

88) Big Oneroa Beach: northwards of the Korora Road entrance.

A time and season rule applies to the following areas:

1) Big Oneroa Beach: southwards of the Korora Road entrance.

Proposal 2: Blackpool Beach

For the beach areas:

· Dogs allowed under control on a leash at all times on the western beach area (west of Moa Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any times on the eastern beach area (east of Moa Avenue) (Schedule 2).

Rule as contained in the Policy on Dogs 2019

Schedule 2, Dogs are allowed under control off a leash in the following areas:

7) Blackpool Beach: east of Moa Avenue. Westwards of Moa Avenue under control on a leash.

For the beach areas:

· Dogs prohibited at all times on the western beach area (west of Moa Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

Schedule 2, Dogs are allowed under control off a leash in the following areas:

7) Blackpool Beach: east of Moa Avenue. ~~Westwards of Moa Avenue under control on a leash.~~

Dogs are prohibited in the following areas to protect wildlife:

13) Blackpool Beach: west of Moa Avenue.

Local board decision

For the beach areas:

· Dogs prohibited at all times on the western beach area (west of Moa Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any time on the eastern beach area (east of Moa Avenue) (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

Schedule 2, Dogs are allowed under control off a leash in the following areas:

7) Blackpool Beach: east of Moa Avenue. ~~Westwards of Moa Avenue under control on a leash.~~

Dogs are prohibited in the following areas to protect wildlife:

13) Blackpool Beach: west of Moa Avenue.

Proposal 3: Onetangi Beach

For the beach areas:

· Dogs prohibited at all times on the western end of the beach (westwards of the rocky outcrop) (Schedule 2).

· A time and season rule applies on the rest of the beach that prohibits dogs between 10am and 5pm, 1 December to 1 March (dogs allowed under control off a leash at all other times) (Schedule 2).

Rule as contained in the Policy on Dogs 2019

Schedule 2, A time and season rule applies to the following areas:

4) Onetangi Beach: from rocky outcrop at western end of beach to eastern end of the beach area.

Dogs are prohibited in the following areas to protect wildlife:

6) Onetangi Beach: westwards of rocky outcrop at northern end of beach.

For the beach areas:

· Dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue) (Schedule 2)

· Apply the current time and season rule on the central beach area (from Seventh to Third Avenue) (Schedule 2).

· Dogs allowed under control off a leash at any time on the eastern end of the beach (eastwards of Third Avenue) (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

Schedule 2, Dogs are allowed under control off a leash in the following areas:

87) Onetangi Beach: on the eastern beach area (eastwards of Third Avenue)

A time and season rule applies to the following areas:

4) Onetangi Beach: on the central beach area (from Seventh Avenue to Third Avenue) ~~from rocky outcrop at western end of beach to eastern end of the beach area.~~

Dogs are prohibited in the following areas to protect wildlife:

6) Onetangi Beach: on the western beach area (westwards of Seventh Avenue) ~~westwards of rocky outcrop at northern end of beach.~~

Local board decision

For the beach areas:

· Dogs prohibited at all times on the western end of the beach (westwards of Seventh Avenue) (Schedule 2)

· Apply the current time and season rule on the rest of the beach (Schedule 2).

Amendment to rule contained in the Policy on Dogs 2019

A time and season rule applies to the following areas:

4) Onetangi Beach: from Seventh Avenue ~~from rocky outcrop at western end of beach~~ to the eastern end of the beach area.

Dogs are prohibited in the following areas to protect wildlife:

6) Onetangi Beach: on the western beach area (westwards of Seventh Avenue) ~~westwards of rocky outcrop at northern end of beach.~~

[1] The feedback reference numbers are: 1381; 2000; 2731; 2760; 2771; 4003; 4433; 4635; 4734; 4893; 4908; 4942; 5820; 5935; 6749

[2] Refer Appendix C - Summary of Policy on Dogs 2019 dog access rule policy, principles and criteria – “1. Provide dog access rules that are comprehensive, consistent and easy to understand ...” and “3. Consider the following before making any change to a dog access rule on parks and beaches that would provide more dog access”.

[3] Refer Appendix C - Summary of Policy on Dogs 2019 dog access rule policy, principles and criteria – “1. Provide dog access rules that are comprehensive, consistent and easy to understand ...” and “3. Consider the following before making any change to a dog access rule on parks and beaches that would provide more dog access”.

[4] Refer Appendix C - Summary of Policy on Dogs 2019 dog access rule policy, principles and criteria – “1. Provide dog access rules that are comprehensive, consistent and easy to understand ...”, “3. Consider the following before making any change to a dog access rule on parks and beaches that would provide more dog access” and “4. Consider the following before making any change to a dog access rule on parks and beaches that would provide less dog access”