Minute Item Attachments of Rodney Local Board

Rodney Local Board

21 May 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 to 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, exclude operational and non-bylaw related matters or reflect that some comments may also include more than one key theme.

· Percentages for feedback responses may not equal one hundred per cent because responses other than ‘support’ or ‘oppose’ are excluded.

· The numbers do not include the 11 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 Parry Kauri Park

178 feedback responses from survey and emails: 65 support (37 per cent), 105 oppose (59 per cent) and 64 comments. This includes feedback from 3 organisations (2 in support, 1 opposed).

Key themes in support (23):

· Majority of people in support of the proposal said it would help protect native Kauri:

o The proposed change would support the protection of kauri from disease. Kauri dieback needs consistent mitigation protocols in place.

o The proposed change supports conservation goals. All sensible steps must be taken to prevent kauri dieback.

o Parry Kauri Park is an important ecological area and should not have dogs off-leash who could disturb native flora and fauna.

· Many people in support of proposal are concerned with risk caused by irresponsible dog ownership:

o There is a lack of respect of the current rules by some dog owners. More enforcement is needed.

o Forest and Bird – Warkworth Area Branch felt the existing rules were not respected by dog owners or sufficiently enforced.

· Some people are concerned with personal safety.

o The small track means you can bump into others, so having control of dog seems right.

o The proposed change would prevent people being approached by dogs, bitten or harassed, which would protect children and vulnerable people.

Key themes opposed (36):

· Majority of people opposed to the proposal said dogs need to exercise off leash for their wellbeing / council should provide more off leash and dog friendly spaces

· Many people opposed to the proposal felt the risk was caused by irresponsible dog ownership:

o It is unfair and discriminatory to impose rules that penalise responsible dog owners due to the actions of a few irresponsible dog owners.

o Irresponsible owners should be targeted.

o Maintain the status quo and charge higher fines for those who do not comply.

· Some people felt the proposals were too restrictive or did not balance public and dog needs:

o Public parks and reserves are for the public, including dogs, to enjoy and should not be subject to restrictions.

o Dogs are a part of the family and owners have a lack of options and are already limited on where they can go.

o People want less restrictions, not more.

· Some people said the proposal was ineffective or that current signage needed to be improved.

About the current and proposed rules:

Current dog access rule	Proposed dog access rule
Dogs allowed under control off a leash at any time (Schedule 2).	Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

Reason: To protect kauri forest from Kauri Dieback disease from off-leash dogs off walking tracks.

About ‘protection of native Kauri’ feedback:

· Environmental Services staff advised that off-leash dogs present a risk of causing and spreading kauri dieback disease.

· New legislation recently introduced (National PA Management Plan section 21, Plan rule 7) requires dogs to be under control of a person whilst moving through a kauri forest, and free of visible soil and organic matter prior to entering and after leaving, a kauri forest.

· In 2019, the Rodney Local Board approved a proposed mitigation programme to protect healthy kauri and reduce the impact of kauri dieback disease in the Rodney Local Board area, to be funded by the Natural Environment Targeted Rate (RD/2019/141). $3.8 million was allocated to upgrade the whole track network at Parry Kauri Park to kauri-safe standards, including new boardwalks, cleaning stations and viewing platforms.

· Kauri dieback is easily spread, and Kauri roots are very delicate, grow very close to the surface, and spread outwards as far as three times the tree’s branches, so are particularly susceptible to disease.

· Currently dogs are allowed off-leash in Parry Kauri Park. Dogs bring the risk of carrying the disease on their paws and fur whilst walking off the tracks. It is not recommended to use the sprays at cleaning stations for dog paws. Ideally, soil needs to be cleaned from the recesses of a dog’s paws and their coat before and after they have been near kauri trees. This is to avoid transferring the disease to new areas, or more widely in areas already affected.

· The disease has no cure and could result in the death of kauri trees, and possibly indefinite partial or full park closure to treat the disease. This would reduce recreational opportunities for both dog owners and other visitors of the park and be a loss for the ecological environment.

About “risk due to irresponsible dog ownership” 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 ‘too restrictive / not ‘balanced use’ of public space’ feedback:

· Dog owners and dogs under control on a leash will still be able to access and use Parry Kauri Park, under the proposed change.

· There are 237 places in the Rodney Local Board area where dogs are allowed off-leash and several are located in or near Warkworth, for example, Lucy Moore Memorial Park (2.6km away from Parry Kauri Park) offers an experience with manicured grass, clusters of trees, and different pathways.

Public feedback on Proposal 1 – Key changes sought	Staff comment (information to assist deliberations)	Local Board recommendation
Change dog access rules at Parry Kauri Park Key changes sought (retain current rules – Option 1) (105 responses including Zoomies Dog Training & Adventures) · Retain current rules that allow dogs to be under control off a leash at any time. Key changes sought (adopt proposed rules – Option 2) (65 responses including Ngāti Manuhiri Settlement Trust and Forest and Bird – Warkworth Area Branch) · Amend rules to allow dogs under control on a leash at all times. Key changes sought (‘operational responses’) (9 responses) · increase presence of animal control officers and issue more fines at the associated parks/reserves. · upgrade signage in the park to clarify rules and educate visitors to the area. Key changes sought (‘only maintain restrictions as long as risk continues’) (2) · should be conditional on conservation need, rule changed back once kauri dieback no longer a risk. · require periodic reviews.	About ‘operational responses’ feedback: · These matters are best addressed in Other Matters About ‘maintaining restrictions based on risk’ feedback: · Environmental Services staff advise that off-leash dogs pose a persistent threat to kauri forests. · However, dog access rules can be reviewed again should circumstance change. About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, focus on determining whether there is a significant risk of conflict, 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.^{^[2]} · In the context of this proposal at Parry Kauri Park, this includes for example: o noting there is national legislation that requires animals to be under control in kauri forests o noting the local board investment in park infrastructure to prevent the spread of kauri dieback o considering whether off-leash dogs risk spreading kauri dieback in the park o considering whether on-leash dogs help reduce the risk of spreading kauri dieback o noting that there are several other opportunities in Warkworth for off-leash experiences · Note: If a change is made to the dog access rules, the local board must consider allocating funding for any new signage (indicative figures provided in Attachment B of December 2024 agenda report).	That the proposal to require dogs to be on-leash at Parry Kauri Park be adopted as publicly notified Reasons are those as stated in the proposal.

Public feedback on Proposal 1 – Key changes sought

Staff comment (information to assist deliberations)

Local Board recommendation

Change dog access rules at Parry Kauri Park

Key changes sought (retain current rules – Option 1) (105 responses including Zoomies Dog Training & Adventures)

· Retain current rules that allow dogs to be under control off a leash at any time.

Key changes sought (adopt proposed rules – Option 2) (65 responses including Ngāti Manuhiri Settlement Trust and Forest and Bird – Warkworth Area Branch)

· Amend rules to allow dogs under control on a leash at all times.

Key changes sought (‘operational responses’) (9 responses)

· increase presence of animal control officers and issue more fines at the associated parks/reserves.

· upgrade signage in the park to clarify rules and educate visitors to the area.

Key changes sought (‘only maintain restrictions as long as risk continues’) (2)

· should be conditional on conservation need, rule changed back once kauri dieback no longer a risk.

· require periodic reviews.

About ‘operational responses’ feedback:

· These matters are best addressed in Other Matters

About ‘maintaining restrictions based on risk’ feedback:

· Environmental Services staff advise that off-leash dogs pose a persistent threat to kauri forests.

· However, dog access rules can be reviewed again should circumstance change.

About the local board decision-making criteria

· In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, focus on determining whether there is a significant risk of conflict, 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.^{^[2]}

· In the context of this proposal at Parry Kauri Park, this includes for example:

o noting there is national legislation that requires animals to be under control in kauri forests

o noting the local board investment in park infrastructure to prevent the spread of kauri dieback

o considering whether off-leash dogs risk spreading kauri dieback in the park

o considering whether on-leash dogs help reduce the risk of spreading kauri dieback

o noting that there are several other opportunities in Warkworth for off-leash experiences

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

That the proposal to require dogs to be on-leash at Parry Kauri Park

be adopted as publicly notified

Reasons are those as stated in the proposal.

Public feedback on Proposal 2 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Snells Beach (north of the Sunburst Reserve boat ramp)

611 feedback responses from survey and emails: 97 support (27 per cent), 231 oppose (65 per cent) and 253 comments. This includes feedback from 5 organisations (3 in support, 2 opposed) and one pro forma by Dogs Friends Auckland (opposed, 258 signatures)

Key themes in support (38):

· Majority of people in support of the proposal said it provides protection to vulnerable wildlife (including Forest and Bird) :

o Snells Beach is an important feeding and roosting area for shorebirds, including the bar-tailed godwit and South Island pied oystercatcher, both classified as At Risk – Declining and more endangered than our local kiwi.

o As development and human disturbance increase, the shore birds are losing safe spaces to rest.

· Some people said the proposal also provides protection to people

o The proposed changes would keep children playing on the beach safe and give people the freedom to walk on the beach safely.

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

o The proposed changes would provide protection to wildlife and people, and still provide off-leash opportunities for dog owners and their dogs.

· Forest and Bird – Warkworth Area Branch supported the proposal, but felt the issues which prompted this change stemmed from a lack of compliance rather than a deficiency in current regulations.

Key themes opposed (108):

· Most people who opposed the proposal said the proposed rules are too strict and should be kept as they are now (including Zoomies Dogs Training and Adventure)

o Applying a bird season rule is sufficient to protect wildlife and has been in place for the last five years

· Many people said dogs need exercise off-leash / council needs to provide more off-leash, dog friendly spaces

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

o Most dog owners are responsible and would keep their dogs under control, away from vulnerable shore birds

· Some people said dogs do not pose any risk / other factors such as human activities (e.g. running and kite surfing) and other animals (e.g. black-backed gulls and cats) are more harmful to wildlife.

· Some people said there should be more enforcement by animal control officers targeting irresponsible dog owners.

· Pro forma by Dog Friends Auckland

o had concerns with the potential overcrowding of more dogs in fewer spaces, especially during summer and bird seasons

o changes to access can significantly alter local people’s daily routines, driving to other locations

o requested keeping certain areas off-leash and planning new off-leash areas in new subdivisions

About the current and proposed rules:

Current dog access rule

Proposed dog access rule

Dogs allowed under control off a leash at Whisper Cove, time and season rule on the beach and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (Schedule 2).

Current rules that prohibit dogs on the playground (Schedule 1(1)) and allow dogs under control on a leash near the playground (Schedule 1(4)) continue to apply.

Note: A temporary ban has been put in place in the last five years to protect wildlife (bird breeding).

Dogs are prohibited at all times on the beach north of Sunburst Reserve boat ramp and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes all of Whisper Cove and the north section of Sunburst Reserve after the boat ramp) (Schedule 2).

Current rules that prohibit dogs on the playground (Schedule 1(1)) and allow dogs under control on a leash near the playground (Schedule 1(4)) continue to apply.

Reason: To provide year-round protection for shorebirds in the northern third of a significant ecological area where protected birds (such as dotterels) forage, roost and nest and can easily be disturbed by dogs, even on-leash, causing failed breeding and migrations.

About ‘protection to vulnerable wildlife” feedback:

· Evidence from the council’s Environmental Services team shows Snells Beach is a significant ecological area with vulnerable shorebirds (in the hundreds) nesting and roosting on the ground during nesting season, particularly at the north end of the Sunburst Reserve Boat ramp.

· Shorebirds use the area all-year round for roosting. The number is lower, outside breeding season, but still around 50 plus of Threatened and At-Risk birds on most days (e.g. Royal spoonbill, White faced heron, Black backed gull, Red-billed gull). They utilise high tide areas of the beach for roosting and are vulnerable to disturbance during this time because there is less beach space available. Roosting shorebirds are easily disturbed by beachgoers and their dogs, even on-leash.

· The current local parks management plan (page 257) recognises the risks and disturbances to roosting and breeding shorebirds, posed by beach goers, dogs and other mammals. The plan seeks to enhance the high tide area for shorebird roosting and breeding, to raise awareness and continue to support community initiatives.

· A temporary ban has been implemented in the last 5 years, resulting in a dog ban north of the boat ramp and requiring dogs on-leash at adjacent reserves (the entire Whisper Cove and the north part

of Sunburst Reserve after the boat ramp) during the breeding season (September to March). This was to better protect endangered birds (particularly breeding dotterel) from potential disturbance, distress, injuries or death.

About ‘balanced use of space’ feedback:

· The proposed changes only applies to the area north of the Sunburst Reserve Boat ramp. The rest of the beach (around two thirds of the beach, approximately 1.3km long) would have the current time and season rule that allows dogs to be under control off a leash between 5pm-10am during summer time (1 December to 1 March) and at any time outside summer.

· The proposal also retains year round on-leash dog access on adjoining reserves.

About “irresponsible dog owners” feedback:

· 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.

About ‘impacts of human activities and other animals’ feedback:

· The impacts of human activities and cats are outside the scope of this review.

Public feedback on Proposal 2 – Key changes sought	Staff comment (information to assist deliberations)	Local Board decision
Change dog access rules at Snells Beach (north of the Sunburst Reserve boat ramp) Key changes sought (retain current rules – Option 1) (141 responses including Zoomies Dog Training & Adventures) · Retain current rules that allow dogs under control off a leash at Whisper Cove, a time and season rule on the beach that prohibits dogs on the beach between 10am and 5pm, 1 December to 1 March (dogs allowed on a leash on the beach at all other times) and under control on a leash at all times at the adjoining reserves north of Sunburst Reserve boat ramp. Key changes sought (adopt shorebird breeding season rules – Option 2A) (58 responses, including 1 pro forma with 258 signatures) · Amend rules so that dogs are prohibited on the beach north of Sunburst Reserve boat ramp during shorebird breeding season (from 1 September to 31 March and under control on a leash at all other times) and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes the entire Whisper Cove and the north section of Sunburst Reserve and Tamatea Esplanade after the boat ramp). Key changes sought (adopt proposed rules – Option 2B) (97 responses including Ngāti Manuhiri Trust and Birds NZ Auckland Regional Branch) · Amend rules so dogs are prohibited at all times on the beach north of Sunburst Reserve boat ramp and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes all of Whisper Cove and the north section of Sunburst Reserve after the boat ramp). Key changes sought (‘other suggestions’) (10 responses) · If dogs are prohibited on the beach north of Sunburst Reserve Boat ramp, then keep the rest of the beach /adjacent reserves off-leash · Outside bird breeding season, allow dogs under control off a leash north of boat ramp. · A total dog ban on all of Snells beach and on-leash access only at adjoining reserves during bird breeding season (1st September – 31st March). Dogs are also prohibited from entering 50 metre cordoned off zones if and only if a breeding nest is clearly identified on an adjoining reserve (from Restore Hibiscus and Bays). · Create a fenced off-leash area Key changes sought (‘operational measures’) (11 responses) · increase presence of animal control officers and issue more fines in the park · more education and support for responsible dog owners.	About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, focus on determining whether there is a significant risk of conflict, 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 this proposal at Snells Beach, this includes for example: o noting a temporary ban has been in place for the last five years to protect wildlife (bird breeding) o noting the local parks management plan seeks to enhance the high tide area for shorebird roosting and breeding o considering whether there is a significant risk to endangered shorebirds during the breeding season (September to March) as well as risks to responsible dog owners of significant statutory penalties o considering whether the level of risk to wildlife and to responsible dog owners is also significant outside the breeding season · Note: If a change is made to the dog access rules, the local board must consider allocating funding for any new signage (indicative figures provided in Attachment B of December 2024 agenda report). About ‘more enforcement’ and ‘other suggestion’ feedback: · Suggestions to change dog access rules south of the boat ramp or off-leash outside bird breeding season are out of scope of this decision. · These matters are best addressed in Other Matters.	That the proposal to prohibit dogs at all times on the beach north of Sunburst Reserve boat ramp and require dogs to be under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp be amended to option 2A. Reasons include to provide protection for the wildlife and to provide on-leash opportunities for dog owners and their dogs outside the bird breeding season. Note the rules for the rest of the beach (south of the boat ramp) remain the same and in line with other local beaches.

Public feedback on Proposal 2 – Key changes sought

Staff comment (information to assist deliberations)

Local Board decision

Change dog access rules at Snells Beach (north of the Sunburst Reserve boat ramp)

Key changes sought (retain current rules – Option 1) (141 responses including Zoomies Dog Training & Adventures)

· Retain current rules that allow dogs under control off a leash at Whisper Cove, a time and season rule on the beach that prohibits dogs on the beach between 10am and 5pm, 1 December to 1 March (dogs allowed on a leash on the beach at all other times) and under control on a leash at all times at the adjoining reserves north of Sunburst Reserve boat ramp.

Key changes sought (adopt shorebird breeding season rules – Option 2A) (58 responses, including 1 pro forma with 258 signatures)

· Amend rules so that dogs are prohibited on the beach north of Sunburst Reserve boat ramp during shorebird breeding season (from 1 September to 31 March and under control on a leash at all other times) and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes the entire Whisper Cove and the north section of Sunburst Reserve and Tamatea Esplanade after the boat ramp).

Key changes sought (adopt proposed rules – Option 2B) (97 responses including Ngāti Manuhiri Trust and Birds NZ Auckland Regional Branch)

· Amend rules so dogs are prohibited at all times on the beach north of Sunburst Reserve boat ramp and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes all of Whisper Cove and the north section of Sunburst Reserve after the boat ramp).

Key changes sought (‘other suggestions’) (10 responses)

· If dogs are prohibited on the beach north of Sunburst Reserve Boat ramp, then keep the rest of the beach /adjacent reserves off-leash

· Outside bird breeding season, allow dogs under control off a leash north of boat ramp.

· A total dog ban on all of Snells beach and on-leash access only at adjoining reserves during bird breeding season (1st September – 31st March). Dogs are also prohibited from entering 50 metre cordoned off zones if and only if a breeding nest is clearly identified on an adjoining reserve (from Restore Hibiscus and Bays).

· Create a fenced off-leash area

Key changes sought (‘operational measures’) (11 responses)

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

· more education and support for responsible dog owners.

About the local board decision-making criteria

· In the context of this proposal at Snells Beach, this includes for example:

o noting a temporary ban has been in place for the last five years to protect wildlife (bird breeding)

o noting the local parks management plan seeks to enhance the high tide area for shorebird roosting and breeding

o considering whether there is a significant risk to endangered shorebirds during the breeding season (September to March) as well as risks to responsible dog owners of significant statutory penalties

o considering whether the level of risk to wildlife and to responsible dog owners is also significant outside the breeding season

About ‘more enforcement’ and ‘other suggestion’ feedback:

· Suggestions to change dog access rules south of the boat ramp or off-leash outside bird breeding season are out of scope of this decision.

· These matters are best addressed in Other Matters.

That the proposal to prohibit dogs at all times on the beach north of Sunburst Reserve boat ramp and require dogs to be under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp

be amended to option 2A. Reasons include to provide protection for the wildlife and to provide on-leash opportunities for dog owners and their dogs outside the bird breeding season.

Note the rules for the rest of the beach (south of the boat ramp) remain the same and in line with other local beaches.

Public feedback on Proposal 3 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway

147 feedback responses from survey and emails: 45 support (31 per cent), 96 oppose (65 per cent) and 47 comments. This includes feedback from 3 organisations (2 in support, 1 opposed).

Key themes in support (10):

· Majority of people in support of the proposal are concerned about vulnerable wildlife:

o The proposed change would help to protect kiwi, an endangered species.

o On-leash is a way to minimise impact on wildlife.

o The proposed change would help to support conservation goals and efforts made over years – a decade of pest trapping has created a safe habitat for birds.

· Some people in support of proposal are concerned with risk caused by irresponsible dog ownership:

o There is a lack of respect of the current rules by some dog owners. More enforcement is needed.

o Dogs off-leash are not under control, even if they are well-trained.

o Forest and Bird – Warkworth Area Branch felt the existing rules were not respected by dog owners or sufficiently enforced.

· One person was concerned with personal safety.

Key themes opposed (35):

· Majority of people opposed to the proposal felt the risk was caused by irresponsible dog ownership:

o It is unfair and discriminatory to impose rules that penalise responsible dog owners due to the actions of a few irresponsible dog owners.

o Maintain the status quo and charge higher fines for those who do not comply.

· Some people felt the proposals were too restrictive or did not balance public and dog needs:

o Public parks and reserves are for the public, including dogs, to enjoy and should not be subject to restrictions.

o Dog owners have a lack of options and are already limited on where they can go.

o Dog owners want less restrictions, not more.

o Kiwi should adapt to the presence of humans, dogs and cats.

o Kiwi should be returned to Tāwharanui Regional Park.

· Some people opposed to the proposal said dogs need to exercise off-leash for their wellbeing / council should provide more off-leash and dog friendly spaces.

About the current and proposed rules:

Current dog access rule

Proposed dog access rule

Dogs allowed under control off a leash at any time (Schedule 2) at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway.

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)) at the three associated reserves.

Reason: To protect kiwi dispersing from Tāwharanui Regional Park into the three associated reserves where they are vulnerable to being disturbed, harmed or killed by dogs.

About ‘protection to vulnerable wildlife’ feedback:

· Environmental Specialists have been advised of an increased presence of kiwi in the three associated reserves. This has resulted in increased signage along Baddeley’s Beach Road (which leads to all three reserves) to make the public aware that kiwi are in the area. Environmental Specialists concluded that if dogs can be kept on-leash, risk to kiwi is minimal.

· Kiwi are highly mobile (travelling up to 4 kilometres to set up a territory) and highly vulnerable to off-leash dogs. They emit a strong, unique scent that makes them attractive to dogs. They are small relative to most dogs, and they lack a breastplate. It will be difficult to control off-leash dogs from disturbing and/or harming kiwi if they pick up on a kiwi scent. This makes kiwi highly susceptible to injuries or death from dog attacks. Even though they only come out at night, they tend to nest in grassy / shrubby / forested areas during the daytime, where off-leash dogs can potentially find and harm them, and/or destroy their nests if they can easily access these areas.

· The Department of Conservation’s Kiwi Recovery Plan 2018–2028 sets goals and objectives to help secure kiwi from extinction and advance their recovery, including limiting threats from dogs, which are increasing where kiwi habitats overlap or are close to human populations or activity.

About “risk due to irresponsible dog ownership” feedback:

· 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.

About ‘too restrictive / not ‘balanced use’ of public space’ feedback:

· Dog owners and dogs under control on a leash will still be able to access and use all three reserves, under the proposed change.

· The proposed changes are for three reserves that are not very popular or busy, with Vera Reserve and Baddeleys Creek lacking any formal infrastructure and/or amenities.

· There are 237 places in the Rodney Local Board area where dogs are allowed off-leash and several are located in or near the Tāwharanui Peninsula, for example, Baddeleys Beach Reserve (beach experience, time and season rule applies) and Campbells Beach Reserve (beach experience, time and season rule applies), are both within 1 km distance of the three associated reserves.

· Kiwi are strongly territorial and have been known to travel widely in order to set up a territory, meaning returning or restricting them to an area such as the nearby regional park, is not a viable solution.

Public feedback on Proposal 3 – Key changes sought	Staff comment (information to assist deliberations)	Local Board recommendation
Change dog access rules at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway Key changes sought (retain current rules – Option 1) (96 responses including Zoomies Dog Training & Adventures) · Retain current rules that allow dogs under control off a leash at any time. Key changes sought (adopt proposed rules – Option 2) (45 responses including Ngāti Manuhiri Trust and Forest and Bird – Warkworth Area Branch) · Amend rules to allow dogs under control on a leash at all times. Key changes sought (apply time-based or seasonal restrictions) (4 responses) · across all areas, apply seasonal restrictions to a section for off-leash access during summer. · allow off-leash access except for bird breeding areas in season. · apply time of day restrictions for off-leash use. Key changes sought (more enforcement) (2 responses including Forest and Bird – Warkworth Area Branch) · increase presence of animal control officers and issue more fines at the associated parks/reserves.	About feedback to ‘apply time-based or seasonal restrictions’: · A time and season rule would not be sufficient to provide protection for kiwi at the reserves. About ‘more enforcement’ feedback: · These matters are best addressed in Other Matters About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, focus on determining whether there is a significant risk of conflict, 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 this proposal at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway reserves, this includes for example: o noting there is a national plan to support the recovery of kiwi o considering whether off-leash dogs risk disturbing, harming, or killing kiwi o considering whether on-leash dogs help reduce the risk of harm to kiwi o noting that there are other opportunities for off-leash experiences in the Tāwharanui Peninsula · Note: If a change is made to the dog access rules, the local board must consider allocating funding for any new signage (indicative figures provided in Attachment B of December 2024 agenda report).	That the proposal to require dogs to be on leash at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway be adopted as publicly notified Reasons are those as stated in the proposal.

Public feedback on Proposal 3 – Key changes sought

Staff comment (information to assist deliberations)

Local Board recommendation

Change dog access rules at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway

Key changes sought (retain current rules – Option 1) (96 responses including Zoomies Dog Training & Adventures)

· Retain current rules that allow dogs under control off a leash at any time.

Key changes sought (adopt proposed rules – Option 2) (45 responses including Ngāti Manuhiri Trust and Forest and Bird – Warkworth Area Branch)

· Amend rules to allow dogs under control on a leash at all times.

Key changes sought (apply time-based or seasonal restrictions) (4 responses)

· across all areas, apply seasonal restrictions to a section for off-leash access during summer.

· allow off-leash access except for bird breeding areas in season.

· apply time of day restrictions for off-leash use.

Key changes sought (more enforcement) (2 responses including Forest and Bird – Warkworth Area Branch)

· increase presence of animal control officers and issue more fines at the associated parks/reserves.

About feedback to ‘apply time-based or seasonal restrictions’:

· A time and season rule would not be sufficient to provide protection for kiwi at the reserves.

About ‘more enforcement’ feedback:

· These matters are best addressed in Other Matters

About the local board decision-making criteria

· In the context of this proposal at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway reserves, this includes for example:

o noting there is a national plan to support the recovery of kiwi

o considering whether off-leash dogs risk disturbing, harming, or killing kiwi

o considering whether on-leash dogs help reduce the risk of harm to kiwi

o noting that there are other opportunities for off-leash experiences in the Tāwharanui Peninsula

That the proposal to require dogs to be on leash at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway

be adopted as publicly notified

Reasons are those as stated in the proposal.

Public feedback on Proposal 4 - Themes

Staff comment (information to assist deliberations)

Change dog access rules at Wonderview Road Esplanade

140 feedback responses to survey and email responses: 44 support (31 per cent), 89 oppose (64 per cent) and 42 comments. This includes feedback from 4 organisations (3 in support, 1 opposed).

Key themes in support (10):

· Majority of people in support of the proposal are concerned about protect vulnerable wildlife (including Leigh Penguin Project and Forest and Bird – Warkworth Area Branch):

o The proposed change would help protect blue penguins and their nesting sites and minimise impact of dogs on native wildlife and natural environment.

o The proposed change would support conservation goals and efforts (e.g., conservation of native species, efforts that have been made through community education and communication, extra signage)

· Several people in support felt there was a public safety concern.

· Several people in support expressed that all dogs should be required on a leash or banned completely.

· Several people in support felt stronger enforcement was needed (including Forest and Bird – Warkworth Area Branch).

Key themes opposed (32):

· Majority of people opposed to the proposal felt the risk was caused by irresponsible dog ownership:

o Responsible dog owners are being punished for actions of minority.

o Dog owners already face limitations on access and lack of options.

o The emphasis should be on policing and preventing bad dog ownership.

· Some people felt the proposals were too restrictive or did not balance public and dog needs:

o To require dogs on leash on full Coastal Trail is unreasonable and unfair. Owners already respect signposted area.

o Dog owners want less restrictions, not more.

o Change is unnecessary.

· Some people opposed the proposal said dogs need to exercise off leash for their wellbeing / council should provide more off-leash and dog friendly spaces.

Current dog access rules	Proposed dog access rules
Dogs allowed under control off a leash at any time (Schedule 2).	Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

About the current and proposed rules:

Reason: To protect blue penguins that nest along this coastline vulnerable to being disturbed, harmed or killed by dogs.

About ‘protection to vulnerable wildlife’ feedback:

· Blue penguins are nesting along the track at Wonderview Road Esplanade. Local community conservation groups support penguin conservation through animal pest control, installing nest boxes and engaging with local schools.

· Blue penguins tend to burrow under rocks or vegetation on this coastline. They are most vulnerable to off-leash dogs at dawn and dusk (when they depart from or return to their nest daily), and during moulting (a time when they cannot swim) and breeding season.

· Dogs are likely to be the greatest threat to blue penguins. Environmental Services staff have advised that requiring dogs under control on a leash at all times is appropriate to protect the blue penguins on this reserve.

About ‘risk due to irresponsible dog ownership’ feedback:

· 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.

About ‘too restrictive / not ‘balanced use’ feedback:

· Dog owners and dogs under control on a leash will still be able to access and use Wonderview Road Esplanade, under the proposed change.

· There are 237 places in the Rodney Local Board area where dogs are allowed off-leash and several are located in the Leigh area, for example, Ferndale Avenue Recreation Reserve (900m away from Wonderview Road Esplanade), Spray Crescent Reserve (1.5 km away) and Matheson Bay Reserve (1.8km away, time and season rule applies), offer scenic reserve or beach experiences.

Public feedback on Proposal 4 – Key changes sought	Staff comment (information to assist deliberations)	Local Board recommendation
Change dog access rules at Wonderview Road Esplanade Key changes sought (retain current rules – Option 1) (89 responses including Zoomies Dog Training & Adventures)) · Retain current rules that allow dogs under control off a leash at any time at Wonderview Road Esplanade. Key changes sought (adopt proposed rules – Option 2) (44 responses including Ngāti Manuhiri Settlement Trust, Leigh Penguin Project and Forest and Bird – Warkworth Area Branch) · Amend rules to allow dogs under control on a leash at all times at Wonderview Road Esplanade. Key changes sought (‘operational measures’) (4 responses) · More enforcement - increase presence of animal control officers and issue more fines at the associated esplanade.	About ‘operational measures’ feedback: · These matters are best addressed in Other Matters About the local board decision-making criteria · In general, the most relevant criteria in Appendix C for decisions resulting in less dog access, focus on determining whether there is a significant risk of conflict, 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.^{^[5]} · In the context of this proposal at Wonderview Road Esplanade this includes for example: o noting the conservation work done in the community in response to the blue penguins o considering whether off-leash dogs risk disturbing, injuring or killing blue penguins o considering whether on-leash dogs reduce the risk of harm to blue penguins o noting that there are other opportunities for off-leash experiences nearby. · Note: If a change is made to the dog access rules, the local board must consider allocating funding for any new signage (indicative figures provided in Attachment B of December 2024 agenda report).	That the proposal to require dogs to be on leash at Wonderview Road Esplanade be adopted as publicly notified. Reasons as stated in the proposal.

Public feedback on Proposal 4 – Key changes sought

Staff comment (information to assist deliberations)

Local Board recommendation

Change dog access rules at Wonderview Road Esplanade

Key changes sought (retain current rules – Option 1) (89 responses including Zoomies Dog Training & Adventures))

· Retain current rules that allow dogs under control off a leash at any time at Wonderview Road Esplanade.

Key changes sought (adopt proposed rules – Option 2) (44 responses including Ngāti Manuhiri Settlement Trust, Leigh Penguin Project and Forest and Bird – Warkworth Area Branch)

· Amend rules to allow dogs under control on a leash at all times at Wonderview Road Esplanade.

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

· More enforcement - increase presence of animal control officers and issue more fines at the associated esplanade.

About ‘operational measures’ feedback:

· These matters are best addressed in Other Matters

About the local board decision-making criteria

· In the context of this proposal at Wonderview Road Esplanade this includes for example:

o noting the conservation work done in the community in response to the blue penguins

o considering whether off-leash dogs risk disturbing, injuring or killing blue penguins

o considering whether on-leash dogs reduce the risk of harm to blue penguins

o noting that there are other opportunities for off-leash experiences nearby.

That the proposal to require dogs to be on leash at Wonderview Road Esplanade

be adopted as publicly notified.

Reasons as stated in the proposal.

Other matters

· Other matter

· Staff comment (information to assist deliberations)

· 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 in raised Attachments D to G in relation to the following requests:

· to increase presence of animal control officers and issue more fines

· increase signage at all locations

· 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 team’s 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’ requests:

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

· That matters related to operational or non-local dog access rule-related feedback in Attachments D to G be referred to relevant council areas for consideration.

· Requests for changes to other local dog access rules

· Key changes sought and reasons:

· Brick Bay Beach (1): Want on-leash access

· Buckleton Beach Reserve (3): Want on-leash access

· Huapai Domain (1): Want dogs prohibited.

· Martins Bay (1): Want a time and season rule

· Omaha (4): Want dogs prohibited (1) or want a time and season rule (1) or off-leash access (1) or on-leash access (1)

· Omaha Beach (3): want a time and season rule (1) or off-leash access (1) or on-leash access (1)

· Point Wells (1): Want on-leash access

· Rautāwhiri Park, Helensville (1): Want on-leash access

· Red Beach (1): Want on-leash access

· Sandspit Reserve (1): Want on-leash access

· Snells Beach (5): want a time and season rule (1) or off-leash access (2) or on-leash access (3)

· Warkworth Showgrounds (1): Want on-leash access

· Locations not specified or not local access rule specific (e.g. all parks, regional beaches, regional parks, Department of Conservation land) (18)

· 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 in to 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.

· The Board noted the suggested changes for local dog access rules and will review them in the next round.

· 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.

· Additional matters raised by local board members

· Comment (any other matters)

· The Local Board should deliberate on any matters contained in public feedback in Attachments D to G it considers has not been adequately addressed in this Attachment A.

· About ‘any other matters’

· This is an opportunity for the decision-maker to raise and deliberate on any matter contained in public feedback in Attachments D to G it considers have not been adequately addressed in this Attachment A.

· That all matters raised in public feedback have been given adequate consideration.

Local dog access rule comparison table

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: Parry Kauri Park

Rule as described in proposal

Dogs allowed under control off a leash at any time (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:

· 138) Parry Kauri Park

Rule as described in proposal

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

Amendment to rule contained in the Policy on Dogs 2019

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

~~138) Parry Kauri Park~~

Local board decision

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

Amendment to rule contained in the Policy on Dogs 2019

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

~~138) Parry Kauri Park~~

· Proposal 2: Snells Beach

· Rule as described in proposal

Current rules that prohibit dogs on the playground (Schedule 1(1)) and allow dogs under control on a leash near the playground (Schedule 1(4)) continue to apply.

· Note: A temporary ban has been put in place in the last five years to protect wildlife (bird breeding).

Rule as contained in the Policy on Dogs 2019

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

229) Whisper Cove

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

Dogs are allowed in the areas below, applying the following time and season rule:

12) Snells Beach: northwards of the Sunburst Reserve boat ramp to protect wildlife and public safety and comfort

* Summer defined in Dog Access Principles “4. Apply the following time and season.”

· Rule as described in proposal

Current rules that prohibit dogs on the playground (Schedule 1(1)) and allow dogs under control on a leash near the playground (Schedule 1(4)) continue to apply.

Amendment to rule contained in the Policy on Dogs 2019

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

~~229) Whisper Cove~~

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

Dogs are allowed in the areas below, applying the following time and season rule:

~~12) Snells Beach: northwards of the Sunburst Reserve boat ramp to protect wildlife and public safety and comfort~~

* Summer defined in Dog Access Principles “4. Apply the following time and season.”

Schedule 2, Dogs are prohibited in the following areas to protect wildlife:

8A) Snells Beach: beach and foreshore area northwards of the Sunburst Reserve boat ramp to protect wildlife.

Local board decision

Amend rules so that dogs are prohibited on the beach north of Sunburst Reserve boat ramp during shorebird breeding season (from 1 September to 31 March and under control on a leash at all other times) and under control on a leash at all times on adjoining reserves north of Sunburst Reserve boat ramp (this includes the entire Whisper Cove and the north section of Sunburst Reserve and Tamatea Esplanade after the boat ramp).

Amendment to rule contained in the Policy on Dogs 2019

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

~~229) Whisper Cove~~

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

Dogs are allowed in the areas below, applying the following time and season rule:

~~12) Snells Beach: northwards of the Sunburst Reserve boat ramp to protect wildlife and public safety and comfort~~

* Summer defined in Dog Access Principles “4. Apply the following time and season.”

Schedule 2, A bird breeding season rule applies on the following areas:

(1) Snells Beach: beach and foreshore area northwards of the Sunburst Reserve boat

ramp to protect wildlife.

Bird breeding season rule (1 September to 31 March)

Out of season

· Proposal 3: Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway

· Rule as described in proposal

· Dogs allowed under control off a leash at any time (Schedule 2) at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway.

Rule as contained in the Policy on Dogs 2019

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

14) Baddeleys Creek Reserve

140) Pigeon Place Accessway

· 203) Vera Reserve Baddeleys Road

· Rule as described in proposal

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)) at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway.

Amendment to rule contained in the Policy on Dogs 2019

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

~~14) Baddeleys Creek Reserve~~

~~140) Pigeon Place Accessway~~

· ~~203) Vera Reserve Baddeleys Road~~

Local board decision

· Dogs allowed under control on a leash at all times (Schedule 1(4)(a)) at Vera Reserve Baddeleys Road, Baddeleys Creek Reserve and Pigeon Place Accessway.

Amendment to rule contained in the Policy on Dogs 2019

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

~~14) Baddeleys Creek Reserve~~

~~140) Pigeon Place Accessway~~

~~203) Vera Reserve Baddeleys Road~~

· Proposal 4: Wonderview Road Esplanade

Rule as described in proposal

Dogs allowed under control off a leash at any time (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:

232) Wonderview Road Esplanade

Rule as described in proposal

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

Amendment to rule contained in the Policy on Dogs 2019

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

~~232) Wonderview Road Esplanade~~

Local board decision

Dogs allowed under control on a leash at all times (Schedule 1(4)(a)).

Amendment to rule contained in the Policy on Dogs 2019

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

~~232) Wonderview Road Esplanade~~

[1] Feedback reference numbers are: 1573, 1722, 2294, 2716, 2789, 3642, 3883, 4186, 4527, 4938, 5165.

[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 “4. Consider the following before making any change to a dog access rule on parks and beaches that would provide less 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 “4. Consider the following before making any change to a dog access rule on parks and beaches that would provide less 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 ...” and “4. Consider the following before making any change to a dog access rule on parks and beaches that would provide less dog access”.

[5] 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 “4. Consider the following before making any change to a dog access rule on parks and beaches that would provide less dog access”.