Notice is hereby given that an Ordinary
Meeting of Southland District Council will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 26
August 2015
1pm
Council Chambers
15 Forth Street
Invercargill
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Council Agenda
OPEN
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MEMBERSHIP
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Mayor
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Mayor Gary Tong
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Deputy Mayor
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Paul Duffy
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Councillors
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Lyall Bailey
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Stuart Baird
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Brian Dillon
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Rodney Dobson
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John Douglas
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Bruce Ford
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George Harpur
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Julie Keast
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Ebel Kremer
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Gavin Macpherson
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Neil Paterson
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IN ATTENDANCE
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Chief Executive
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Steve Ruru
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Committee Advisor
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Fiona Dunlop
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Council
26 August
2015
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TABLE OF CONTENTS
ITEM PAGE
Procedural
1 Apologies 5
2 Leave of
absence 5
3 Conflict of
Interest 5
4 Public Forum 5
5 Extraordinary/Urgent
Items 5
6 Confirmation
of Council Minutes 5
Reports - Policy and Strategy
7.1 Dog
Control Policy 2015 and Dog Control Bylaw 2015 7
7.2 Delegated
Authority to Act in Mediation for the consent for the Around the Mountains
Cycle Trail 119
Reports - Operational Matters
8.1 Projects
from 2014/2015 to be carried forward into the 2015/2016 Financial Year 123
Reports - Governance
Nil
Public Excluded
Procedural motion
to exclude the public 129
C10.1 Venture
Southland Governance and Fee Structure for Non-Elected Joint Committee Members 129
C10.2 Milford
Sound Development Authority Annual Report 129
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Council
26 August
2015
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1 Apologies
At the close of
the agenda no apologies had been received.
2 Leave
of absence
At the close of
the agenda no requests for leave of absence had been received.
3 Conflict
of Interest
Councillors are
reminded of the need to be vigilant to stand aside from decision-making when a
conflict arises between their role as a councillor and any private or other
external interest they might have.
4 Public Forum
Notification to
speak is required by 5pm at least two days before the meeting. Further
information is available on www.southlanddc.govt.nz
or phoning 0800 732 732.
5 Extraordinary/Urgent
Items
To consider, and if
thought fit, to pass a resolution to permit the Council to consider any further
items which do not appear on the Agenda of this meeting and/or the meeting to
be held with the public excluded.
Such resolution is
required to be made pursuant to Section 46A(7) of the Local Government Official
Information and Meetings Act 1987, and the Chairperson must advise:
(i) The
reason why the item was not on the Agenda, and
(ii) The
reason why the discussion of this item cannot be delayed until a subsequent
meeting.
Section 46A(7A) of the Local Government Official Information and Meetings
Act 1987 (as amended) states:
“Where an item
is not on the agenda for a meeting,-
(a)
That item may be discussed at that meeting if-
(i)
That item is a minor matter relating to the general
business of the local authority; and
(ii)
the presiding member explains at the beginning of the
meeting, at a time when it is open to the public, that the item will be
discussed at the meeting; but
(b) no resolution,
decision or recommendation may be made in respect of that item except to refer
that item to a subsequent meeting of the local authority for further
discussion.”
6 Confirmation
of Council Minutes
6.1 Meeting minutes of Council, 5 August 2015
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Council
26 August
2015
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Dog Control
Policy 2015 and Dog Control Bylaw 2015
Record No: R/15/7/12580
Author: Michael
Sarfaiti, Environmental Health Manager
Approved by: Bruce
Halligan, GM - Environment and Community
☒
Decision ☐ Recommendation ☐ Information
Purpose
1 This
report presents the draft Dog Control Policy 2015 and Dog Control Bylaw 2015
which is proposed to be amended as a result of Council deliberations on 3
August 2015. The report requests that Council adopts the draft Dog
Control Policy 2015 and Dog Control Bylaw 2015 incorporating these
amendments.
Executive Summary
2. On
18 March 2015, Council endorsed the release of the draft Dog Control Policy and
Bylaw for public consultation, and publicly notified and invited submissions on
the proposal closing at 5.00 pm on Thursday, 30 April 2015. Some
Community Board submissions proposed significant changes to the local dog
access rules in the draft Statement of Proposal, and as a result the
consultation period was extended to 6 July 2015 to provide an opportunity for
further comment on these changes.
3 A
total of 136 submissions were received and of these, 30 submitters asked to be
heard and 22 were present to be heard on 3 August 2015. It is now
necessary to formally confirm and make the Southland District Council Dog
Control Policy 2015 and Dog Control Bylaw 2015 subject to the proposed
amendments made after hearing those who appeared in support of their
submissions, as outlined in this report.
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Recommendation
That the Council:
a) Receives
the report titled “Dog Control Policy 2015 and Dog Control Bylaw
2015” dated 14 August 2015.
b) Determines
that this matter or decision be recognised as not significant
in terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Confirms
the content of Attachment A “Dog Control Hearings” that
summarises the outcome of deliberations following the hearing of the
submissions on the proposed Dog Control Policy 2015 and Dog Control Bylaw
2015, and confirms support for the staff recommendations in the report to
Council dated 3 August 2015; subject to any additional amendments
as Council sees fit.
e) Resolves
that the default dog access rule that dogs may be off-leash but must be under
control at all times remains unchanged. This rule applies to public
areas that are not designated as prohibited, leash only or dog exercise
areas.
f) Resolves
that roadways, roadsides and footpaths will continue to be subject to the
default rule in (e) above, unless otherwise specified in Schedule 2 of the
proposed Dog Control Policy 2015.
g) Resolves
to provide discounts in the dog registration fees for fencing, good history,
microchipping, and neutering.
h) Resolves
that a multiple dog licence will be needed to keep more than two dogs on a
property. This proposal would not apply to working dogs unless they are
kept in predominantly urban or residential environment.
i) Resolves
to have a transition for multiple dogs licensing (must be obtained by 1 July
2016) and a transition for the registration fee discounts (effective from
1 July 2017).
j) Resolves
that the neutering of dogs classified as menacing on the grounds of observed
or reported behaviour will be mandatory.
k) Resolves
that neutering of dogs classified as menacing on the grounds of
characteristics typically associated with the dog’s breed or type will
be mandatory.
l) Resolves
that neutering of dogs classified as menacing on the grounds of belonging
wholly or predominantly to one or more breeds or types listed in Schedule 4
of the Dog Control Act 1996 will be mandatory.
m) Resolves
to have a rule that may require the owner of a dog to cause that dog to be
neutered if that dog has not been kept under control on more than one
occasion within a 12 month period.
n) Confirms
and makes the Dog Control Policy 2015 and the Dog Control Bylaw 2015 with any
amendments as it sees fit - Attachments B and C.
o) Resolves
that the Dog Control Policy 2015 will come into effect from
29 August 2015.
p) Resolves
in accordance with Section 157 of the Local Government Act 2002 Public Notice
be given of the making of the bylaw advising:
(i) That
the bylaw will come into force on 29 August 2015.
(ii) That
copies of the bylaw may be inspected without fee at all Council offices.
(iii) That
copies of the bylaw may be obtained upon payment of a reasonable
charge.
q) Authorises
the following delegations:
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Clause of the Dog
Control Bylaw 2015
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Summary of
delegation
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Delegated officer
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10(a)
and (b)
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Changes to dog access
by public notice
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• Chief
Executive
• Group Manager Environment and Community
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13
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Granting of multiple
dogs licences
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• Chief
Executive
• Group Manager Environment and Community
• Manager Environmental Health
• Dog
Control Officer
• Customer Services Officer (Dog Control)
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14
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Requirement to neuter
uncontrolled dog
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• Chief
Executive
• Group Manager Environment and Community
• Manager Environmental Health
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Content
4 Abbreviations
and definitions:
· The
Act: Dog
Control Act 1996
· CB
and CDA: Community
Board and Community Development Area Subcommittee
· Schedule
4 Dog: The breeds and type of dog subject to a ban on importation and
muzzling listed in Schedule 4 of the Act, being the American Pit Bull Terrier
type, and the breeds Brazilian Fila, Dogo Argentino, Japanese Tosa, and Perro
de Presa Canario, and any other breeds that may be added to this Schedule by
statutory amendment in the future.
Background
5 On 18 March
2015, Council endorsed the draft Dog Control Policy and Bylaw for public
consultation, and publicly notified and invited submissions on the proposal
closing at 5.00 pm on Thursday, 30 April 2015. Some Community Board
submissions proposed significant changes to the local dog access rules in the
draft Statement of Proposal, and as a result the consultation period was
extended to 6 July 2015.
6 It is now
necessary to complete the process by affirming the outcome of deliberations
following the hearing, which is summarised in Attachment A.
7 The proposed Dog
Control Policy 2015 and Dog Control Bylaw 2015, that incorporate all of the
outcomes of the deliberation, are in Attachments B and C.
8 The Council
needs to make and confirm the proposed policy and bylaw with any amendments as
it sees fit.
Issues
Issue 1 -
Overall submitter support for the new direction
9 Submitters
were supportive overall of the proposed new direction:
· Retention
of the default dog access rule that dogs may be off-leash but must be under
control at all times remains unchanged. This rule applies to public areas
that are not designated as prohibited, leash only or dog exercise areas (62%
support and 13% oppose).
· Introduction
of discounts into the registration fee (82% support and 10% oppose).
· Introduction
of multiple dogs licensing (61% support and 22% oppose).
· Transitional
arrangements (53% support and 13% oppose).
· Neutering
of classified menacing dogs on the grounds of observed behaviour
(74% support and 14% oppose).
· Neutering
of classified menacing dogs on the grounds of characteristics typically
associated with the dog’s breed or type (51% support and 33% oppose).
· Neutering
of classified menacing dogs on the grounds of belonging wholly or predominantly
to one or more breeds or types listed in Schedule 4 (55% support and 25%
oppose).
· New
rule that may require the owner of a dog to cause that dog to be neutered if
that dog has not been kept under control on more than one occasion within a 12
month period (67% support and 15% oppose).
Issue 2 -
Amendments to the draft Dog Control Policy 2015 and Dog Control Bylaw 2015
10 Following Council’s
deliberations on 3 August 2015, a number of amendments have been made to the
drafts presented to the public in the statement of proposal. Versions of
the proposed bylaw and policy with tracked changes of the written content of
both documents are in Attachments D and E.
11 Key changes to the bylaw
which were made as a result of the submission hearings and deliberation process
are:
· Retaining
the current rule for roads and roadsides, being off-leash permitted.
· Amendments
to the local rules in some townships (see pages 1-3 in Attachment A).
· Some
minor amendments to the policy and bylaw (see page 11 in Attachment A).
Factors to Consider
Legal
and Statutory Requirements
12 Council
is enabled under the Dog Control Act 1996 and the Local Government Act 2002 to
adopt the recommendations in this report. The Act is very specific as to
the content that may be in the policy and bylaw.
13 Section 10(4) of the Act
requires of Council:
“In
adopting a policy under this section, the territorial authority must have
regard to—
(a) the
need to minimise danger, distress, and nuisance to the community generally; and
(b) the
need to avoid the inherent danger in allowing dogs to have uncontrolled access
to public places that are frequented by children, whether or not the children
are accompanied by adults; and
(c) the
importance of enabling, to the extent that is practicable, the public
(including families) to use streets and public amenities without
fear of attack or intimidation by dogs; and
(d) the
exercise and recreational needs of dogs and their owners.”
Community
Views
14 Council conducted a
public survey prior to drafting the policy and bylaw. The drafts were
subject to the special consultative procedure, and the author also consulted
with CBs and CDAs.
Costs
and Funding
15 The new and expanded
services, and licensing systems, will add to the costs of the
Dog Control business unit. The new fees proposed will add to the cost of
dog ownership.
16 Council
has already resolved that Dog Control is to be funded fully from registration
fees, infringement fines, and other user charges.
Policy
Implications
17 The proposed Dog Control
Policy 2015 will replace Council’s current Dog Control Policy.
Analysis
Options Considered
18 The options are
whether to adopt the draft Dog Control Policy 2015 and draft Dog Control
Bylaw 2015.
Analysis of Options
19 Option
1 - To adopt the draft Dog Control Policy 2015 and draft
Dog Control Bylaw 2015
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Advantages
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Disadvantages
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· The new
policy and bylaw will reflect community expectations, which are not currently
met in the existing policy and bylaw.
· Recent
publicity of dog attacks has raised awareness of the terror of dog attacks;
and the new policy and bylaw are an effective response to these concerns and
to rising public expectations that councils will have an adequate policy and
bylaw framework to ensure public safety.
· Expected to
result in the reduced incidence of wandering and dog aggression in the
District, less unwanted dogs, and less Schedule 4 dogs.
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· Negative
feedback from both dog owners and non-dog owners.
Dog control is a topical and sometimes polarising community
issue.
· Costs
of implementation.
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20 Option
2 - Status quo
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Advantages
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Disadvantages
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· A review is
legally not required.
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· Existing
Dog Control Policy 2010 and draft Dog Control Bylaw 2010 do not meet
current community expectations.
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Assessment of Significance
21 This review is
considered to be not significant in accordance with Council’s
Significance and Engagement Policy. However, as the Bylaw is likely to
have a significant impact on the public, such as due to the introduction of
multiple dog licensing and a discounted fee structure, staff chose to use the
special consultative procedure in accordance with
Section 156(1)(a)(i).
Recommended Option
22 To adopt the draft
Dog Control Bylaw 2015 and Dog Control Policy 2015, with any amendments as
Council sees fit (Option 1).
Next Steps
23 The Dog Control
Bylaw 2015 and Dog Control Policy 2015 will come into force on
29 August 2015, and public notice will be given of the making of the
policy and bylaw.
All submitters will be written to advising of the outcome.
24 As these changes
affect a large number of dog owners within the District, a communications plan
will be prepared in consultation with the Communications Manager to ensure
awareness of the changes and what they mean for dog owners.
Attachments
a Dog
Control Hearings View
b FINAL
Southland District Council Policy on Dogs 2015 View
c FINAL
Southland District Council Bylaw 2015 View
d Southland
District Council Policy on Dogs 2015 with tracked changes View
e Southland
District Council Dog Control Bylaw 2015 with tracked changes View
1. INTRODUCTION
1.1 The
Council recognises that the keeping of dogs is a positive part of the life of
many Southlanders. Whether as working dogs or companions, dogs under
responsible ownership can have a positive role in society and provide
assistance, enjoyment and health benefits to many individuals and families.
1.2 The
Council is also mindful of the need to minimise the adverse impacts dogs can
have on communities.
The
Dog Control Act 1996 (the Act) requires that the Council have a dog control
policy in its district. In adopting the policy the Council must have regard to.
(a) The
need to minimise danger, distress, and nuisance to the community generally; and
(b) The
need to avoid the inherent danger in allowing dogs to have uncontrolled access
to public places that are frequented by children, whether or not the children
are accompanied by adults; and
(c) The
importance of enabling, to the extent that is practicable, the public
(including families) to use streets and public amenities without fear of attack
or intimidation by dogs; and
(d) The
exercise and recreational needs of dogs and their owners.
1.3 The
intention of this policy is to strike the proper balance between the need to
control dogs and the recognition of the overall benefits of responsible dog
ownership.
1.4 Any
word used in this policy document that is defined in the Act has the meaning
given to it by that Act.
2. OBJECTIVE
The Council’s objective is
to encourage responsible dog ownership that allows dog owners to enjoy their
dogs without impinging on the enjoyment and safety of others.
Responsible dog owners will:
(a) Register and
microchip their dogs.
(b) Ensure that the
dogs always wear a current registration tag.
(c) Provide their
dogs with sufficient food, water, shelter and exercise.
(d) Make
sure that their dogs do not become a nuisance or danger to people or animals.
(e) Comply with the
Dog Control Act 1996 and the Council’s Dog Control Bylaws.
3. DOG CONTROL
BYLAWS
3.1 The
Council must have bylaws to give effect to its Dog Control Policy. It is
intended that the Dog Control Bylaw 2015 be enacted to reflect the contents of
this policy document.
3.2 The
Act specifies matters for which bylaws may be made. The bylaws apply to
all dog owners in the District and will be enforced using the full range of
enforcement mechanisms available to the Council.
3.3 The
following issues have been identified which will be dealt with by the bylaws:
(a) Minimum
standards of accommodation for dogs.
(b) Prohibiting
dogs from specified public places.
(c) Regulating
and controlling dogs in other public places.
(d) Requiring
the removal of dog faeces from public places.
(e) Prohibiting
female dogs in season and diseased dogs from public places unless confined or
permission granted.
(f) Regulating
the number of dogs that may be kept on any premises.
(g) Requiring
the neutering of uncontrolled and menacing dogs.
4. DOGS IN PUBLIC
PLACES
4.1 This
policy identifies public places in the Southland District where dogs are
prohibited or must be controlled on a leash. It also designates dog
exercise areas where dogs may be exercised off the leash, provided they are
under control.
4.2 No person may
take a dog (not including a dog confined in a vehicle or cage) into any public
place specified in Schedule 1 or 2 as prohibited except –
(i) any
working dog while it is under the control of its owner or handler; or
(ii) a
public place not under the control of the Council where the person in charge of
that place has given permission for the dog to be there and the presence of the
dog is in accordance with the conditions (if any) of that permission.
4.3 No person shall take any female dog in season or a diseased dog into
any public place unless –
(i) that
dog is completely confined in a vehicle or cage for the purposes of
transportation; or
(ii) that dog
is in a public place not under the control of the Council where the person in
charge of that place has given permission for the dog to be there and the
presence of the dog is in accordance with the conditions (if any) of that
permission.
4.4 No person shall
take a dog into any public place specified in Schedule 1 or 2 as an on-leash
only area unless the dog is controlled on a leash except –
(i) any
dog confined in a vehicle or cage; or
(ii) any
working dog while it is under the control of its owner or handler.
4.5 The owner of any dog (including a dog classified as a
menacing or dangerous dog that is muzzled) may take that dog in any public
place specified in Schedules 1 or 2 as a designated dog exercise area provided
that dog is kept under control.
4.6 Except as
provided for in Schedules 1 and 2, dogs must be under control at all times and
may be off a leash.
4.7 The Council may
from time to time by public notice prohibit or impose additional conditions on
the taking of dogs to any of the areas in Schedules 1 and 2 and walking tracks,
picnic areas and roads under the control of the Council and those conditions
shall apply accordingly as if they are conditions specified in the Schedules.
The Council may from time to time by public notice make temporary
changes to Schedules 1 and 2 in relation to leisure and culture events
(including dog friendly events), dog training, threatened or ‘at
risk’ protected wildlife vulnerable to dogs, and pest control. Those
changes shall apply as if they are conditions specified in the Schedules.
In this clause, public notice means one or more clearly legible
notices affixed in one or more conspicuous places on, or adjacent to, the area
to which the notice relates.
4.8 The
Fiordland and Rakiura National Parks are within the Southland District.
The Parks comprise large areas of Fiordland and Stewart Island respectively.
The boundaries of both parks can be ascertained by referring to the maps on the
website of the Department of Conservation at www.doc.govt.nz.
Dogs are not allowed to be in
national parks and the National Parks Act 1980 makes it an offence for any
owner or person in charge of a dog to have it in a national park except in the
circumstances and subject to the conditions specified in that Act.
There are some exceptions to the
general rule prohibiting dogs from being in a National Park. For example,
in the context of Fiordland National Park, there are small areas at Supply Bay,
Frasers Beach, Upper Waiau River, Ewe Burn and
Te Anau Downs where access by dogs may be available by a permit issued by the
Department of Conservation. All inquiries about the extent of permitted
dog access in both National Parks should be made to the Department of
Conservation offices at Invercargill, Te Anau or Oban.
4.9 In
addition to the two National Parks there are areas of conservation land in the
Southland District administered by the Department of Conservation where access
by dogs is controlled (by permit issued by the Department) or open (under
control everywhere and on a leash in any camping areas and at hut sites).
The Department of Conservation
has published a map on its website www.doc.govt.nz showing the boundaries of the open and controlled access
areas.
It is important that a person
considering taking a dog on to any conservation land first make inquiries of
the Department of Conservation about the permit and control requirements.
5. REGISTRATION
AND OTHER FEES
5.1 The
Council has adopted a registration fee structure which recognises non-working
dogs and working dogs.
5.2 As
recognition of responsible dog ownership and to encourage neutering and fenced
containment, the Council will set fees for non-working dogs that may take into
account the following factors:
• Whether
there is fencing or a fenced enclosure sufficient to contain the dog on the
premises.
• Whether
the dog is neutered or spayed.
• Whether
there has been a written warning, barking abatement notice, seizure or
infringement under the Dog Control Act 1996 within the previous two years
relating to any dog owned by the person applying for the registration.
• Whether
the dog has been microchipped.
• A
fee for late registration.
5.3 The
Dog Control Act 1996 requires that all money received from dog registration
fees or other charges levied are to be applied for dog control purposes.
The intention of Council is that dog control in the District is on a user pay
basis of fees and charges will be set at a level to give effect to that
intention.
6. BARKING
DOGS
6.1 Section
55 of the Dog Control Act 1996 authorises Council’s Dog Control Officers
to issue an abatement notice to any person who owns a dog which the Officer
considers is causing a nuisance by persistent and loud barking or
howling.
Non-compliance with this notice will result in enforcement action.
6.2 Section
56 authorises the Officer to remove the dog from the premises if the owner
takes no action, or the nuisance is continuing and causing distress to any
person.
6.3 The
Council will implement these provisions on substantiated complaint.
7. MENACING
AND DANGEROUS DOGS
7.1 The
Dog Control Act 1996 contains provisions which enable the Council to require
specific control action be taken in respect of menacing or dangerous dogs.
7.2 A
menacing dog is one that has not been classified as dangerous but which the
Council considers may pose a threat to people, stock, poultry, domestic animal
or protected wildlife because of any observed or reported behaviour of the dog,
or any characteristics typically associated with the dog’s breed or type,
or belongs wholly or predominantly to one or more breeds or types listed in
Schedule 4 of the Dog Control Act 1996.
7.3 A
dangerous dog is one which the Council has on sworn evidence attesting to the
aggressive behaviour by the dog, reasonable grounds to believe that it
constitutes a threat to the safety of any person, stock, poultry, domestic
animal or protected wildlife or where the owner has admitted in writing that
the dog constitutes such a threat or has been convicted of an offence relating
to the dog attacking a person or animal.
7.4 The
Council:
• Will
enforce all of the provisions of the Dog Control Act 1996 relating to dangerous
and menacing dogs.
• Require
all dogs classified as menacing by the Council or any other Council to be
neutered and the owner provide a veterinary certificate showing the dog has
been neutered within one month of classification.
8. NUMBER OF DOGS
8.1 No person may keep more than 2
dogs over 3 months of age on any premises for any period exceeding 14 days
other than working dogs not being kept on premises in a predominantly urban or
residential environment. This requirement does not apply to:
• Dogs
up to three months old.
• Any
dogs kept on premises over 50 hectares.
• Dogs
kept temporarily on veterinary clinic premises.
• A
pound established under Section 67 of the Dog Control Act 1996.
8.2 The Council will issue multiple
dog licences only when it is satisfied that:
• The
premises concerned is suitable in all respects for the keeping of the number of
dogs applied for.
• The
arrangements relating to the feeding shelter and exercise of the dogs are
adequate.
• The
keeping of the number of dogs applied for will not be a nuisance or pose an
undue risk to neighbours.
8.3 A
licence issued may impose any conditions that Council officers consider are
reasonably necessary taking into account the matters referred to in paragraph
8.2.
8.4 A multiple dog licence will not
be transferable.
8.5 A fee will be charged for the
issue and administration of a multiple dog licence.
9. ENFORCEMENT
9.1 The
Council will use the full range of enforcement options available to it under
the Dog Control Act 1996 and other legislation to ensure that dog ownership in
the District is undertaken in accordance with this policy.
9.2 The
Dog Control Act 1996 provides that the Council may issue infringement notices
or prosecute for, offences against the act or the Council’s bylaws.
The Council’s aim is to
promote responsible dog ownership and therefore an educational advisory
approach will be taken where appropriate.
However, enforcement action may be taken without warning where:
• An
owner fails to register a dog.
• The
actions or inaction of the owner amount to a disregard to the safety or
convenience of any person or the safety of any animal.
• The
dog has attacked a person or animal.
• There
has been a deliberate attempt to circumvent the Dog Control Act 1996 or the
Council bylaws.
9.3 Dogs
found at large in a public place in contravention of the Council’s bylaws
may be seized and impounded by a Dog Control Officer, Dog Ranger, or any other
person authorised by the Council.
SCHEDULE 1
General
Dog Access Rules
This
Schedule contains general dog access rules that apply across the Southland
District.
1. Playgrounds
and sports grounds under the control of the Council
Dogs
are prohibited on any playground or sports ground at all times.
2. Urban
zones, Council-controlled carparks and boating areas, designated freedom
camping areas
Dogs must be under control and on a leash within or on all
–
(a) Urban
zones as identified in the Southland District Plan; and
(b) Council-controlled
car parks; and
(c) Council-controlled
boating areas (including any wharf, jetty, boat ramp, boat marshalling area);
and
(d) Designated
freedom camping areas as defined in Council’s Camping Control Bylaw 2012.
3. Council
cemeteries, Council camping grounds
Dogs
are prohibited in all Council-controlled cemeteries and camping grounds unless
permission is obtained from the Council or signage indicates dogs are
allowed and provided the person whom the dog is accompanying complies with any
reasonable conditions imposed by the Council in relation to the entry or
presence of the dog.
4. Walking
tracks and picnic areas under the control of the Council
Every
owner must comply with any restriction or prohibition of a sign to which
Clause 4.7 applies.
Note: For convenience, playgrounds and the Urban Zones are shown on the maps in Schedule
2. For technical reasons other areas that are referred to above cannot be
shown.
SOUTHLAND DISTRICT COUNCIL
DOG CONTROL
BYLAW 2015
Pursuant to the Local Government Act 2002 and the Dog
Control Act 1996, the Council makes the following bylaw:
PART 1
PRELIMINARY
PROVISIONS
1. TITLE
AND COMMENCEMENT
This
bylaw may be cited as the Dog Control Bylaw 2015 and shall come into force on
the 29th day of August 2015.
2. REPEAL
The
Southland District Council Dog Control Bylaw 2010 is repealed.
3.
APPLICATION
Except
as otherwise provided this bylaw applies to the whole of the district of the
Council.
4.
INTERPRETATION
(a) In
this bylaw, unless the context otherwise requires:
“The
Act” means the Dog Control Act 1996.
“Council”
means the Southland District Council or any person delegated by it to act
on its behalf.
“Premises”
means any land, dwelling, storehouse, warehouse, shop, cellar, yard,
building, or part of the same, or enclosed space separately occupied, and all
lands, buildings, and places adjoining each other and occupied together are
deemed to be the same premises.
“Road”
means that area of a road defined in the Local Government Act 1974 that is
used or is reasonably usable for vehicular or pedestrian traffic and includes
the margins of that area.
“Urban
Zone” means those areas defined as urban zones in the Southland
District Plan planning maps.
(b) Any
term not defined in this bylaw but which is defined in the Act shall have the
meaning given to it by the Act.
PART 2
REGULATION,
CONTROL, AND ACCOMMODATION OF DOGS
5. MINIMUM
STANDARDS OF ACCOMMODATION FOR DOGS
(a) Every
owner shall ensure that:
(i) dogs
are provided with sheltered and dry sleeping quarters with access to clean
water; and
(ii) measures
are taken to enable dogs to keep warm in cold weather; and
(iii) sleeping
quarters are large enough to allow the dog to stand up, turn around and lie
down comfortably; and
(iv) dogs
are able to urinate and defecate away from the sleeping area; and
(v) ventilation
and shade is provided in situations where dogs are likely to experience heat
distress; and
(vi) the
shelter is kept in a sanitary condition.
6. CONTROL
OF DOGS IN PUBLIC PLACES
(a) Except
in the areas specified in Schedules 1 and 2 or otherwise required by the Act
dogs in public places may be off-leash but must be under control at all times.
7. CONTROL
OF DOGS IN DESIGNATED DOG EXERCISE AREAS
(a)
The owner of any dog (including a dog
classified as a menacing or dangerous dog that is muzzled) may take that dog
off-leash in any public place specified in Schedules 1 or 2 as a designated dog
exercise area provided that dog is under control at all times.
8. CONTROL
OF DOGS IN PUBLIC PLACES SPECIFIED AS ON- LEASH AREAS
(a) No
person shall take a dog into any public place specified in Schedule 1 or 2 as
an on-leash only area unless the dog is controlled on a leash.
(b) Clause 8(a) does not apply
to –
(i) any
dog confined in a vehicle or cage; or
(ii) any working dog while it
is under the control of its owner or handler.
9. PROHIBITION
OF DOGS IN CERTAIN PUBLIC PLACES
(a) No person may take a dog
not confined in a vehicle or cage into any public place specified in Schedule 1
or 2 as a prohibited area.
(b) Clause 9(a) does not apply
to:
(i) any
working dog while it is under the control of its owner or handler.
(ii) a
public place not under the control of the Council where the person in charge of
that place has given permission for the dog to be there and the presence of the
dog is in accordance with the conditions (if any) of that permission.
(c) No
person shall take any female dog in season or a diseased dog into any public
place unless –
(i) it
is completely confined in a vehicle or cage for the purposes of transportation;
or
(ii) it is in a public place
not under the control of the Council where the person in charge of that place
has given permission for the dog to be there and the presence of the dog is in
accordance with the conditions (if any) of that permission.
10. CHANGES TO DOG
ACCESS AREAS BY PUBLIC NOTICE
(a) The
Council may from time to time by public notice prohibit or impose additional
conditions on the taking of dogs to any of the areas in
Schedules 1 and 2 and walking tracks, picnic areas and roads under the control
of the Council and those conditions shall apply accordingly as if they are
conditions specified in the Schedules.
(b) The
Council may from time to time by public notice make temporary changes to
Schedules 1 and 2 in relation to leisure and culture events (including dog
friendly events), dog training, threatened or ‘at risk’ protected
wildlife vulnerable to dogs, and pest control. Those changes shall apply as if
they are conditions specified in the Schedules.
(c) In
this clause, public notice means one or more clearly legible notices affixed in
one or more conspicuous places on, or adjacent to, the area to which the notice
relates.
11. DOG FAECES
(a) The
person in charge of any dog that defecates in any public place must immediately
remove and dispose of the faeces in a way that does not cause a nuisance.
(b) Clause
11(a) does not apply to any working dogs herding or driving stock on a road.
12. MULTIPLE DOGS
ON PREMISES
(a) Except
as provided in clause 12(b) no person may keep more than 2 dogs over 3 months
of age on any premises for any period exceeding 14 days other than working dogs
not being kept on premises in a predominantly urban or residential environment.
(b) Subclause
(a) does not apply if –
(i) allowed
by a licence issued under clause 13; or
(ii) an
application for a licence under clause 13 has been made within 14 days of
there being more than two dogs kept on those premises; or
(iii) the
premises are over 50 hectares; or
(iv) the
premises comprise a veterinary practice or a Council pound.
13. LICENCE
FOR MULTIPLE DOGS ON PREMISES
The
Council may grant a licence to keep more than two dogs on any premises on such
terms as it considers are reasonably necessary.
14. REQUIREMENT
TO NEUTER UNCONTROLLED DOG
The
Council may require the owner of a dog to cause that dog to be neutered if that
dog has not been kept under control on more than one occasion within a 12 month
period.
15. EFFECT
OF REQUIREMENT TO NEUTER UNCONTROLLED DOG
(a) If a dog is required to be
neutered, the owner of that dog must, within one month after receipt of
the notice of the requirement, produce to the Council a certificate issued by a
veterinarian certifying –
(i) that
the dog is neutered; or
(ii) that
for reasons that are specified in the certificate, the dog will not be in a fit
condition to be neutered before a date specified in the certificate; and
(iii) must,
if a certificate under subclause (a)(ii) is produced to the Council, produce to
the Council, within 1 month after the date specified in that certificate, a
further certificate under subclause (a)(i).
PART 3
IMPOUNDING,
OFFENCES AND PENALTIES
16.
IMPOUNDING
(a) A
dog control officer or a dog ranger may impound any dog at large in breach of
this bylaw, whether or not the dog is wearing a collar having the proper label
or disc attached indicating that the dog is currently registered.
17.
OFFENCES AND PENALTIES
(a) Every person who breaches
this bylaw commits an offence is liable to the penalty specified in the Local
Government Act 2002.
PART 4
TRANSITIONAL
PROVISIONS
18. EXISTING
DOG OWNERS WITH MORE THAN TWO DOGS
Any
dog owner who has more than two dogs on any premises at the commencement of
this bylaw is not required to obtain a licence under Clause 13 until 1 July
2016, provided:
(a) The
dog owner does not keep the dogs at any premises other than the premises where
they were kept at the commencement of this bylaw; or
(b) The
dog owner does not increase the number of non-working dogs being kept.
SCHEDULE
1
General
Dog Access Rules
This Schedule contains general
dog access rules that apply across the Southland District.
1. Playgrounds
and sports grounds under the control of the Council
Dogs
are prohibited on any playground or sports ground at all times.
2. Urban
zones, Council-controlled carparks and boating areas, designated freedom
camping areas
Dogs must be
under control and on a leash within or on all –
(a) urban
zones as identified in the Southland District Plan; and
(b) Council-controlled
car parks; and
(c) Council-controlled
boating areas (including any wharf, jetty, boat ramp, boat marshalling area);
(d) designated
freedom camping areas as defined in Council’s Camping Control Bylaw 2012.
3. Council
cemeteries, Council camping grounds
Dogs
are prohibited in all Council-controlled cemeteries and camping grounds unless
permission is obtained from the Council or signage indicates dogs are
allowed and provided the person whom the dog is accompanying complies with any
reasonable conditions imposed by the Council in relation to the entry or
presence of the dog.
4. Walking
tracks and picnic areas under the control of the Council
Every
owner must comply with any restriction or prohibition of a sign to which
clause 10 applies.
Note:
For convenience, playgrounds and the Urban
Zones are shown on the maps in Schedule 2. For technical reasons other
areas that are referred to above cannot be shown.
1. INTRODUCTION
1.1 The
Council recognises that the keeping of dogs is a positive part of the life of
many Southlanders. Whether as working dogs or companions, dogs under
responsible ownership can have a positive role in society and provide
assistance, enjoyment and health benefits to many individuals and families.
1.2 The
Council is also mindful of the need to minimise the adverse impacts dogs can
have on communities.
The
Dog Control Act 1996 (the Act) requires that the Council have a dog control
policy in its district. In adopting the policy the Council must have regard to.
(a) The
need to minimise danger, distress, and nuisance to the community generally; and
(b) The
need to avoid the inherent danger in allowing dogs to have uncontrolled access
to public places that are frequented by children, whether or not the children
are accompanied by adults; and
(c) The
importance of enabling, to the extent that is practicable, the public
(including families) to use streets and public amenities without fear of attack
or intimidation by dogs; and
(d) The
exercise and recreational needs of dogs and their owners.
1.3 The
intention of this policy is to strike the proper balance between the need to
control dogs and the recognition of the overall benefits of responsible dog
ownership.
1.4 Any
word used in this policy document that is defined in the Act has the meaning
given to it by that Act.
2. OBJECTIVE
The Council’s objective is
to encourage responsible dog ownership that allows dog owners to enjoy their
dogs without impinging on the enjoyment and safety of others.
Responsible dog owners will:
(a) Register and
microchip their dogs.
(b) Ensure that the
dogs always wear a current registration tag.
(c) Provide their
dogs with sufficient food, water, shelter and exercise.
(d) Make
sure that their dogs do not become a nuisance or danger to people or animals.
(e) Comply with the
Dog Control Act 1996 and the Council’s Dog Control Bylaws.
3. DOG CONTROL
BYLAWS
3.1 The
Council must have bylaws to give effect to its Dog Control Policy. It is
intended that the Dog Control Bylaw 2015 be enacted to reflect the contents of
this policy document.
3.2 The
Act specifies matters for which bylaws may be made. The bylaws apply to
all dog owners in the District and will be enforced using the full range of
enforcement mechanisms available to the Council.
3.3 The
following issues have been identified which will be dealt with by the bylaws:
(a) Minimum
standards of accommodation for dogs.
(b) Prohibiting
dogs from specified public places.
(c) Regulating
and controlling dogs in other public places.
(d) Requiring
the removal of dog faeces from public places.
(e) Prohibiting
female dogs in season and diseased dogs from public places unless confined or
permission granted.
(f) Regulating
the number of dogs that may be kept on any premises.
(g) Requiring
the neutering of uncontrolled and menacing dogs.
4. DOGS IN PUBLIC
PLACES
4.1 This
policy identifies public places in the Southland District where dogs are
prohibited or must be controlled on a leash. It also designates dog
exercise areas where dogs may be exercised off the leash, provided they are
under control.
4.2 No person may
take a dog (not including a dog confined in a vehicle or cage) into any public
place specified in Schedule 1 or 2 as prohibited except –
(i) any
working dog while it is under the control of its owner or handler; or
(ii) a
public place not under the control of the Council where the person in charge of
that place has given permission for the dog to be there and the presence of the
dog is in accordance with the conditions (if any) of that permission.
4.3 No person shall take any female dog in season or a diseased dog into any public place unless –
(i) that
dog is completely confined in a vehicle or cage for the purposes of
transportation; or
(ii) that dog
is in a public place not under the control of the
Council where the person in charge of that place has given permission for the
dog to be there and the presence of the dog is in accordance with the
conditions (if any) of that permission..
4.4 No person shall
take a dog into any public place specified in Schedule 1 or 2 as an on-leash
only area unless the dog is controlled on a leash except –
(i) any
dog confined in a vehicle or cage; or
(ii) any
working dog while it is under the control of its owner or handler.
4.5 The owner of any dog (including a dog classified as a
menacing or dangerous dog that is muzzled) may take that dog in any public
place specified in Schedules 1 or 2 as a designated dog exercise area provided
that dog is kept under control.
4.6 Except as
provided for in Schedules 1 and 2, dogs must be under control at all times and
may be off a leash.
4.7 The Council may
from time to time by public notice prohibit or impose additional conditions on
the taking of dogs to any of the areas in Schedules 1 and 2 and walking tracks,
picnic areas and roads under the control of the Council and those conditions
shall apply accordingly as if they are conditions specified in the Schedules.
The Council may from time to time by public notice make temporary
changes to Schedules 1 and 2 in relation to leisure and culture events (including
dog friendly events), dog training, threatened or ‘at risk’
protected wildlife vulnerable to dogs, and pest control. Those changes shall
apply as if they are conditions specified in the Schedules.
In this clause, public notice means one or more clearly legible
notices affixed in one or more conspicuous places on, or adjacent to, the area
to which the notice relates.
4.8 The
Fiordland and Rakiura National Parks are within the Southland District.
The Parks comprise large areas of Fiordland and Stewart Island respectively.
The boundaries of both parks can be ascertained by referring to the maps on the
website of the Department of Conservation at www.doc.govt.nz.
Dogs are not allowed to be in
national parks and the National Parks Act 1980 makes it an offence for any
owner or person in charge of a dog to have it in a national park except in the
circumstances and subject to the conditions specified in that Act.
There are some exceptions to the
general rule prohibiting dogs from being in a National Park. For example,
in the context of Fiordland National Park, there are small areas at Supply Bay,
Frasers Beach, Upper Waiau River, Ewe Burn and
Te Anau Downs where access by dogs may be available by a permit issued by the
Department of Conservation. All inquiries about the extent of permitted
dog access in both National Parks should be made to the Department of
Conservation offices at Invercargill, Te Anau or Oban.
4.9 In
addition to the two National Parks there are areas of conservation land in the
Southland District administered by the Department of Conservation where access
by dogs is controlled (by permit issued by the Department) or open (under
control everywhere and on a leash in any camping areas and at hut sites).
The Department of Conservation
has published a map on its website www.doc.govt.nz showing the boundaries of the open and controlled access
areas.
It is important that a person
considering taking a dog on to any conservation land first make inquiries of
the Department of Conservation about the permit and control requirements.
5. REGISTRATION
AND OTHER FEES
5.1 The
Council has adopted a registration fee structure which recognises non-working
dogs and working dogs.
5.2 As
recognition of responsible dog ownership and to encourage neutering and fenced
containment, the Council will set fees for non-working dogs that may take into
account the following factors:
• Whether
there is fencing or a fenced enclosure sufficient to contain the dog on the
premises.
• Whether
the dog is neutered or spayed.
• Whether
there has been a written warning, barking abatement notice, seizure or
infringement under the Dog Control Act 1996 within the previous two years
relating to any dog owned by the person applying for the registration.
• Whether
the dog has been microchipped.
• A
fee for late registration.
5.3 The
Dog Control Act 1996 requires that all money received from dog registration
fees or other charges levied are to be applied for dog control purposes.
The intention of Council is that dog control in the District is on a user pay
basis of fees and charges will be set at a level to give effect to that
intention.
6. BARKING
DOGS
6.1 Section
55 of the Dog Control Act 1996 authorises Council’s Dog Control Officers
to issue an abatement notice to any person who owns a dog which the Officer
considers is causing a nuisance by persistent and loud barking or
howling.
Non-compliance with this notice will result in enforcement action.
6.2 Section
56 authorises the Officer to remove the dog from the premises if the owner
takes no action, or the nuisance is continuing and causing distress to any
person.
6.3 The
Council will implement these provisions on substantiated complaint.
7. MENACING
AND DANGEROUS DOGS
7.1 The
Dog Control Act 1996 contains provisions which enable the Council to require
specific control action be taken in respect of menacing or dangerous dogs.
7.2 A
menacing dog is one that has not been classified as dangerous but which the
Council considers may pose a threat to people, stock, poultry, domestic animal
or protected wildlife because of any observed or reported behaviour of the dog,
or any characteristics typically associated with the dog’s breed or type,
or belongs wholly or predominantly to one or more breeds or types listed in
Schedule 4 of the Dog Control Act 1996.
7.3 A
dangerous dog is one which the Council has on sworn evidence attesting to the
aggressive behaviour by the dog, reasonable grounds to believe that it
constitutes a threat to the safety of any person, stock, poultry, domestic
animal or protected wildlife or where the owner has admitted in writing that
the dog constitutes such a threat or has been convicted of an offence relating
to the dog attacking a person or animal.
7.4 The
Council:
• Will
enforce all of the provisions of the Dog Control Act 1996 relating to dangerous
and menacing dogs.
• Require
all dogs classified as menacing by the Council or any other Council to be
neutered and the owner provide a veterinary certificate showing the dog has
been neutered within one month of classification.
8. NUMBER OF DOGS
8.1 No
more than two dogs can be kept on any premises without a multiple dog licence. This
requirement does not apply to:
• Dogs
up to three months old.
• Working
dogs kept on a premises that is not in an urban area.
• Any
dogs kept on premises over 50 hectares.
• Dogs
kept temporarily on veterinary clinic premises.
• A
pound established under Section 67 of the Dog Control Act 1996.
8.2 The Council will issue multiple
dog licences only when it is satisfied that:
• The
premises concerned is suitable in all respects for the keeping of the number of
dogs applied for.
• The
arrangements relating to the feeding shelter and exercise of the dogs are
adequate.
• The
keeping of the number of dogs applied for will not be a nuisance or pose an
undue risk to neighbours.
8.3 A
licence issued may impose any conditions that Council officers consider are
reasonably necessary taking into account the matters referred to in paragraph
8.2.
8.4 A multiple dog licence will not
be transferable.
8.5 A fee will be charged for the
issue and administration of a multiple dog licence.
9. ENFORCEMENT
9.1 The
Council will use the full range of enforcement options available to it under
the Dog Control Act 1996 and other legislation to ensure that dog ownership in
the District is undertaken in accordance with this policy.
9.2 The
Dog Control Act 1996 provides that the Council may issue infringement notices
or prosecute for, offences against the act or the Council’s bylaws.
The Council’s aim is to
promote responsible dog ownership and therefore an educational advisory
approach will be taken where appropriate.
However, enforcement action may be taken without warning where:
• An
owner fails to register a dog.
• The
actions or inaction of the owner amount to a disregard to the safety or
convenience of any person or the safety of any animal.
• The
dog has attacked a person or animal.
• There
has been a deliberate attempt to circumvent the Dog Control Act 1996 or the
Council bylaws.
9.3 Dogs
found at large in a public place in contravention of the Council’s bylaws
may be seized and impounded by a Dog Control Officer, Dog Ranger, or any other
person authorised by the Council.
SCHEDULE 1
General
Dog Access Rules
This
Schedule contains general dog access rules that apply across the Southland
District.
1. Playgrounds
and sports grounds under the control of the Council
Dogs
are prohibited on any playground or sports ground at all times.
2. Urban
zones, Council-controlled carparks and boating areas, designated freedom
camping areas
Dogs must be under control and on a leash within or on all
–
(a) Urban
zones as identified in the Southland District Plan; and
(b) Council-controlled
car parks; and
(c) Council-controlled
boating areas (including any wharf, jetty, boat ramp, boat marshalling area);
and
(d) Designated
freedom camping areas as defined in Council’s Camping Control Bylaw 2012.
3. Council
cemeteries, Council camping grounds
Dogs
are prohibited in all Council-controlled cemeteries and camping grounds unless
permission is obtained from the Council or signage indicates dogs are
allowed and provided the person whom the dog is accompanying complies with any
reasonable conditions imposed by the Council in relation to the entry or
presence of the dog.
4. Walking
tracks and picnic areas under the control of the Council
Every
owner must comply with any restriction or prohibition of a sign to which
Clause 4.7 applies.
Note: For convenience, playgrounds and the Urban Zones are shown on the maps in
Schedule 2. For technical reasons other areas that are referred to above
cannot be shown.
SCHEDULE 2
Local Community
Dog Access Rules
This
Schedule contains dog access rules specific to a local community that are in
addition to the dog access rules in Schedule 1.
For reference, default Schedule 1 rules have been incorporated into
the maps such as playgrounds and Urban Zones.
SOUTHLAND DISTRICT COUNCIL
DOG CONTROL
BYLAW 2015
Pursuant to the Local Government Act 2002 and the Dog
Control Act 1996, the Council makes the following bylaw:
PART 1
PRELIMINARY
PROVISIONS
1. TITLE
AND COMMENCEMENT
This
bylaw may be cited as the Dog Control Bylaw 2015 and shall come into force on
the 29th day of August 2015.
2. REPEAL
The
Southland District Council Dog Control Bylaw 2010 is repealed.
3.
APPLICATION
Except
as otherwise provided this bylaw applies to the whole of the district of the
Council.
4.
INTERPRETATION
(a) In
this bylaw, unless the context otherwise requires:
“The
Act” means the Dog Control Act 1996.
“Council”
means the Southland District Council or any person delegated by it to act
on its behalf.
“Premises”
means any land, dwelling, storehouse, warehouse, shop, cellar, yard,
building, or part of the same, or enclosed space separately occupied, and all
lands, buildings, and places adjoining each other and occupied together are
deemed to be the same premises.
“Road” means that area of a road defined in the Local
Government Act 1974 that is used or is reasonably usable for vehicular or
pedestrian traffic and includes the margins of that area.
“Urban
Zone” means those areas defined as urban zones in the Southland
District Plan planning maps.
(b) Any
term not defined in this bylaw but which is defined in the Act shall have the
meaning given to it by the Act.
PART 2
REGULATION,
CONTROL, AND ACCOMMODATION OF DOGS
5. MINIMUM
STANDARDS OF ACCOMMODATION FOR DOGS
(a) Every
owner shall ensure that:
(i) dogs
are provided with sheltered and dry sleeping quarters with access to clean
water; and
(ii) measures
are taken to enable dogs to keep warm in cold weather; and
(iii) sleeping
quarters are large enough to allow the dog to stand up, turn around and lie
down comfortably; and
(iv) dogs
are able to urinate and defecate away from the sleeping area; and
(v) ventilation
and shade is provided in situations where dogs are likely to experience heat
distress; and
(vi) the
shelter is kept in a sanitary condition.
6. CONTROL
OF DOGS IN PUBLIC PLACES
(a) Except
in the areas specified in Schedules 1 and 2 or otherwise required by the Act
dogs in public places may be off-leash but must be under control at all times.
7. CONTROL
OF DOGS IN DESIGNATED DOG EXERCISE AREAS
(a)
The owner of any dog (including a dog
classified as a menacing or dangerous dog that is muzzled) may take that dog
off-leash in any public place specified in Schedules 1 or 2 as a designated dog
exercise area provided that dog is under control at all times.
8. CONTROL
OF DOGS IN PUBLIC PLACES SPECIFIED AS ON- LEASH AREAS
(a) No
person shall take a dog into any public place specified in Schedule 1 or 2 as
an on-leash only area unless the dog is controlled on a leash.
(b) Clause 8(a) does not apply
to –
(i) any
dog confined in a vehicle or cage; or
(ii) any working dog while it
is under the control of its owner or handler.
9. PROHIBITION
OF DOGS IN CERTAIN PUBLIC PLACES
(a) No person may take a dog
not confined in a vehicle or cage into any public place specified in Schedule 1
or 2 as a prohibited area.
(b) Clause 9(a) does not apply
to:
(i) any
working dog while it is under the control of its owner or handler.
(ii) a
public place not under the control of the Council where the person in charge of
that place has given permission for the dog to be there and the presence of the
dog is in accordance with the conditions (if any) of that permission.
(c) No
person shall take any female dog in season or a
diseased dog into any public place unless
–
(i) it
is completely confined in a vehicle or cage for the purposes of transportation;
or
(ii) it is in a public place not under the control of the Council where
the person in charge of that place has given permission for the dog to be there
and the presence of the dog is in accordance with the conditions (if any) of
that permission.
10. CHANGES TO DOG
ACCESS AREAS BY PUBLIC NOTICE
(a) The
Council may from time to time by public notice prohibit or impose additional
conditions on the taking of dogs to any of the areas in
Schedules 1 and 2 andwalking tracks, picnic areas androads under the control of
the Council and those conditions shall apply accordingly as if they are
conditions specified in the Schedules.
(b) The
Council may from time to time by public notice make temporary changes to
Schedules 1 and 2 in relation to leisure and culture events (including dog
friendly events), dog training, threatened or ‘at risk’ protected
wildlife vulnerable to dogs, and pest control. Those changes shall apply as if
they are conditions specified in the Schedules.
(c) In
this clause, public notice means one or more clearly legible notices affixed in
one or more conspicuous places on, or adjacent to, the area to which the notice
relates.
11. DOG FAECES
(a) The
person in charge of any dog that defecates in any public place must immediately
remove and dispose of the faeces in a way that does not cause a nuisance.
(b) Clause
11(a) does not apply to any working dogs herding or driving stock on a road.
12. MULTIPLE DOGS
ON PREMISES
(a) Except
as provided in clause 12(b), no person may keep more than two dogs over three
months of age (other than working dogs not being kept on premises within an
urban area) on any premises for more than 14 consecutive days.
(b) Subclause
(a) does not apply if –
(i) allowed
by a licence issued under clause 13; or
(ii) an
application for a licence under clause 13 has been made within 14 days of
there being more than two dogs kept on those premises; or
(iii) the
premises are over 50 hectares; or
(iv) the
premises comprise a veterinary practice or a Council pound.
13. LICENCE
FOR MULTIPLE DOGS ON PREMISES
The
Council may grant a licence to keep more than two dogs on
any premises on such terms as it considers are reasonably necessary.
14. REQUIREMENT
TO NEUTER UNCONTROLLED DOG
The
Council may require the owner of a dog to cause that dog to be neutered if that
dog has not been kept under control on more than one occasion within a 12 month
period.
15. EFFECT
OF REQUIREMENT TO NEUTER UNCONTROLLED DOG
(a) If a dog is required to be
neutered, the owner of that dog must, within one month after receipt of
the notice of the requirement, produce to the Council a certificate issued by a
veterinarian certifying –
(i) that
the dog is neutered; or
(ii) that
for reasons that are specified in the certificate, the dog will not be in a fit
condition to be neutered before a date specified in the certificate; and
(iii) must,
if a certificate under subclause (a)(ii) is produced to the Council, produce to
the Council, within 1 month after the date specified in that certificate, a
further certificate under subclause (a)(i).
PART 3
IMPOUNDING,
OFFENCES AND PENALTIES
16.
IMPOUNDING
(a) A
dog control officer or a dog ranger may impound any dog at large in breach of
this bylaw, whether or not the dog is wearing a collar having the proper label
or disc attached indicating that the dog is currently registered.
17.
OFFENCES AND PENALTIES
(a) Every person who breaches
this bylaw commits an offence is liable to the penalty specified in the Local
Government Act 2002.
PART 4
TRANSITIONAL
PROVISIONS
18. EXISTING
DOG OWNERS WITH MORE THAN TWO DOGS
Any
dog owner who has more than two dogs on any premises at the commencement of
this bylaw is not required to obtain a licence under clause 13 until 1 July
2016, provided:
(a) The
dog owner does not keep the dogs at any premises other than the premises where
they were kept at the commencement of this bylaw; or
(b) The
dog owner does not increase the number of non-working dogs being kept.
SCHEDULE
1
General
Dog Access Rules
This Schedule contains general
dog access rules that apply across the Southland District.
1. Playgrounds
and sports grounds under the control of the Council
Dogs
are prohibited on any playground or sports ground at all times.
2. Urban
zones, Council-controlled carparks and boating areas, designated freedom
camping areas
Dogs must be
under control and on a leash within or on all –
(a) urban zones
as identified in the Southland District Plan; and
(b) Council-controlled
car parks; and
(c) Council-controlled
boating areas (including any wharf, jetty, boat ramp, boat marshalling area);
(d) designated
freedom camping areas as defined in Council’s Camping Control Bylaw 2012.
3. Council
cemeteries, Council camping grounds
Dogs
are prohibited in all Council-controlled cemeteries and camping grounds unless
permission is obtained from the Council or signage indicates dogs are
allowed and provided the person whom the dog is accompanying complies with any
reasonable conditions imposed by the Council in relation to the entry or
presence of the dog.
4. Walking
tracks and picnic areas under the control of the Council
Every
owner must comply with any restriction or prohibition of a sign to which
clause 10 applies.
Note:
For convenience, playgrounds and the Urban
Zones are shown on the maps in Schedule 2. For technical reasons other
areas that are referred to above cannot be shown.
SCHEDULE 2
Local Community
Dog Access Rules
This Schedule contains dog access rules specific to a local
community that are in addition to the dog access rules in Schedule 1.
For
reference, default Schedule 1 rules have been incorporated into the maps such
as playgrounds and Urban Zones.
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Council
26 August
2015
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Delegated Authority to Act in Mediation for the
consent for the Around the Mountains Cycle Trail
Record No: R/15/8/14880
Author: Ian
Marshall, GM - Services and Assets
Approved by: Ian
Marshall, GM - Services and Assets
☒
Decision ☐ Recommendation ☐ Information
Purpose
1 To
grant delegated authority to the Group Manager - Services and Assets and the
Manager Strategic Property to make decisions on settling appeals to the
Environment Court on the Around the Mountains Cycle Trail consent, if possible,
through Environment Court mediation.
Executive
Summary
2 The
consent to construct the section of the Around the Mountains Cycle Trail
through the Upper Oreti Valley which was granted by Commissioner Nugent has
been appealed by Fish and Game New Zealand.
3 Council
has agreed to participate in a mediation process and in accordance with the
directions of the Environment Court these are set down for mediation on 10
September. Delegated authority is needed because the Environment Court
expects that those parties representing their organisations at mediation have
sufficient authority to enter into binding agreements. It is therefore
recommended that the Group Manager - Services and Assets and the Manager
Strategic Property are granted delegated authority to make any decision on behalf
of Council.
Content
Background
4 The
consent to construct the section of the Around the Mountains Cycle Trail
through the Upper Oreti Valley was granted by Commissioner Nugent in March
2015. An appeal was subsequently lodged by Fish and Game.
5 Fish
and Game requested of the Environment Court a preliminary hearing concerning a
question of law. That request was heard and refused by Judge
Borthwick. The Court has now set down mediation to be held on 10
September 2015.
6 The
parties have agreed to proceed to mediation on the basis the mediation is only
about the consent conditions and it cannot be about alternative routes.
Issues
7 Council
needs to be represented at the Environment Court mediation by people who have
the appropriate authority to settle an appeal if an agreeable position is
reached.
Factors to Consider
Legal and Statutory Requirements
8 In
order for Council to be appropriately represented at mediation in accordance
with the
2014 practice note issued by the Environment Court, it needs to delegate to a
person or persons the authority to act on its behalf.
Community
Views
9 Community
views on the cycle trail project were sought through the Long Term Plan
process.
Costs and Funding
10 Costs
for the mediation process have been included in the latest estimates as part of
the consent process.
Policy Implications
11 There
are no policy implications related to the delegation of authority to act in
relation to this mediation process.
Analysis
Options Considered
12 Council
must be represented in mediation proceedings and any subsequent
Environment Court hearing. Therefore the only option to consider is to
whom the delegation is made. In this instance, it is considered that the
delegation should be made to both the Group Manager - Services and Assets and
the Manager Strategic Property.
Analysis of Options
13 The
key reason for having more than one person with the delegated authority is to
ensure that someone is able to represent Council fully in mediation if there
are unforeseen circumstances.
Assessment of Significance
14 The
delegation of authority to settle appeals on the Around the Mountains Cycle
Trail consent is not a significant decision in terms of the Council’s
Significance and Engagement Policy.
Recommended Option
15 The
recommended option is to grant delegated authority to the Group Manager -
Services and Assets and the Manager Strategic Property to make decisions on
behalf of Council.
Next Steps
16 Staff will
continue to work with Council’s legal representatives and other staff and
consultants in preparation for mediation.
17 Staff
will hold pre-mediation meetings with Fish and Game to define the points to be
mediated on. From these meetings, appropriate reports and evidence will
be collated and preparations made for participating in the mediation process.
18 The
outcome of the mediation will be reported back to Council.
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Recommendation
That the Council:
a) Receives
the report titled “Delegated Authority to Act in Mediation for the
consent for the Around the Mountains Cycle Trail” dated 18 August 2015.
b) Determines
that this matter or decision be recognised not significant in
terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Grants
delegated authority to the Group Manager - Services and Assets and the Manager
Strategic Property to make decisions on behalf of Council in mediation on the
consent to construct the Around the Mountains Cycle Trail.
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Attachments
There are no attachments for
this report.
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Council
26 August
2015
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Projects
from 2014/2015 to be carried forward into the 2015/2016 Financial Year
Record No: R/15/6/11103
Author: Sheree
Marrah, Finance Manager
Approved by: Anne
Robson, Chief Financial Officer
☐
Decision ☒ Recommendation ☐ Information
Purpose
1 To
inform Council of the projects budgeted in the 2014/2015 year that were not
completed and seek approval to carry these projects forward into the 2015/2016
year.
2 Please
note - this list is not a complete list of all projects that were not completed
in 2014/2015. Some projects have been deleted, or reprogrammed to a later
date as part of the Long Term Plan process.
Executive
Summary
3 Every
year as part of the Annual Plan/Long Term Plan process, Council staff, in
conjunction with elected members, identify projects to be undertaken and
forecast the associated funding requirements to complete such work. Due
to various reasons, these projects are not always completed in the financial
year for which they are budgeted to occur, and hence are required to be carried
forward.
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Recommendation
That the Council:
a) Receives
the report titled “Projects from 2014/2015 to be carried forward into
the 2015/2016 Financial Year” dated 13 August 2015.
b) Determines
that this matter or decision be recognised as significant in
terms of Section 76 of the Local Government Act 2002.
c) Determines
that it has complied with the decision-making provisions of the Local
Government Act 2002 to the extent necessary in relation to this decision; and
in accordance with Section 79 of the Act determines that it does not require
further information, further assessment of options or further analysis of
costs and benefits or advantages and disadvantages prior to making a decision
on this matter.
d) Approves
the attached list of projects to be carried forward into the 2015/2016
financial year.
e) Agrees
that although this matter is recognised as significant, no further community
consultation is required as consultation has been undertaken as part of the
2014/15 Annual Plan.
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Content
Background
4 Every
year Council staff undertake projects as planned in the Long Term Plan/Annual
Plan. Although many are completed in the financial year in which they
were forecast to occur, often some projects are delayed for a variety of
reasons but are identified as still required to be undertaken. These
projects are generally carried forward into the next financial year, whether
they are a project in progress or where it they have not been started.
Typically only projects of a maintenance or capital nature are carried forward,
but occasionally budget managers request operational expenditure to be carried
forward also. In previous years, Council staff have completed a
formal request to Group Managers for approval of these projects, with a summary
of all carry forwards being provided to the Executive Leadership Team for their
review. Going forward staff believe it to be good practice to advise and
seek approval from Council in August each year.
Issues
5 Projects
carried forward into the next financial year are typically considered to be
unbudgeted in that year. The majority of projects carried forward exceed
the Chief Executive’s $10,000 unbudgeted expenditure financial
delegation and therefore authorisation is required by Council.
6 Project
managers have considered the implication of deferring the timing of the project
and do not anticipate that there will be a significant impact on the expected
cost of the projects being carried forward.
Factors to Consider
Legal
and Statutory Requirements
7 There
are no legal or statutory issues surrounding carrying forward projects as these
will have all been addressed at the time the individual project was
established.
Community
Views
8 All
projects are consulted on as part of the Annual Plan or Long Term Plan when
they are originally budgeted to occur. Communities are informed via the
Community Board or Community Development Area Subcommittee management reports
throughout the year on the status of projects and often include the rationale
for why projects need to be carried forward. In addition, Council’s
Annual Report also includes commentary on project status.
Costs
and Funding
9 All
costs and funding associated with projects to be carried forward, have
previously been approved and will not change as part of the carry forward
process. If projects were to be funded from rates, the unspent rates will
be retained in a relevant reserve and then utilised to fund the project costs
when incurred. If a project is to be funded by a loan or reserves, the
draw down does not take place until the actual costs are incurred.
Policy
Implications
10 Other
than ensuring the projects are appropriately approved under Council’s
financial delegations, there are no policy implications.
Analysis
Options Considered
11 Council
has the discretion to approve or decline individually or in aggregate the
proposed carry forward projects. It is assumed that Council will approve
projects that have already been started.
Analysis of Options
Option
1 - Approve all projects to be carried forward (as per the attached list)
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Advantages
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Disadvantages
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· Projects
can be completed/undertaken, although later than originally planned.
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· Risk
associated with forecast costs increasing as a result of the delay/deferral.
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Option 2 - Approve selected
projects that have not yet started
Council can choose, depending on
the rationale, which projects are to be carried forward. It is
recommended that should Council consider this option, that an appropriate selection
criteria be developed.
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Advantages
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Disadvantages
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· Selected
projects can be undertaken, although later than originally planned.
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· Projects
originally planned do not get completed or undertaken (when they have not
commenced). Will need to be reconsidered as part of the next
Annual Plan/Long Term Plan process.
· Risk
associated with forecast costs increasing as a result of the delay/deferral.
Although managers have indicated for these projects that any change will not
be significant.
· Potential
to have collected rates for projects that were not completed.
· Selection
process for which projects are carried forward could be interrogated.
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Option 3 - Decline all
projects not yet started
Only projects planned in 2015/2016 will be undertaken.
Where the project was funded from
rates, the surplus funds will be retained in a reserve for future use.
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Advantages
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Disadvantages
|
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· None
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· Projects
originally planned do not get completed or undertaken (when they have not
commenced). Will need to be reconsidered as part of the next
Annual Plan/Long Term Plan process.
· Potential
to have collected rates for projects that were not completed.
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Assessment of Significance
12 This
matter is considered significant as the total projects proposed to be carried
forward equate to $3.9 million, which is above the financial significance
threshold of $2.0 million as per Council’s Significance and Engagement
Policy. Although this project is considered significant, Council staff
consider that no further community consultation is required in relation to
these projects as:
· The
projects have been consulted on with the community and adopted as part of the
2014/2015 Annual Plan process.
· Individually
or in aggregate the projects do not have a significant impact on any one
community or the whole district.
· Individually
or in aggregate the projects do not affect the level of service of any
activity.
· Individually
the projects are not of a significant value.
Recommended
Option
13 Option
One - Approve all projects to be carried forward (as per the attached list).
Next
Steps
14 Action
Council’s recommendation, including amending financial forecasts for projects
approved to be carried forward and advising Council staff and communities of
projects approved to be carried forward.
Attachments
a 2014/2015
Proposed Carry Forwards into 2015/2016 year View
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Council
26 August
2015
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Exclusion of the Public: Local Government Official Information and
Meetings Act 1987
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Recommendation
That the
public be excluded from the following part(s) of the proceedings of this
meeting.
C10.1 Venture
Southland Governance and Fee Structure for Non-Elected Joint Committee
Members
C10.2 Milford
Sound Development Authority Annual Report
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution are as
follows:
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General
subject of each matter to be considered
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Reason for passing this resolution in relation to
each matter
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Ground(s) under section 48(1) for the passing of this
resolution
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Venture Southland Governance and Fee Structure for
Non-Elected Joint Committee Members
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s7(2)(a) - The withholding of the information is
necessary to protect the privacy of natural persons, including that of a
deceased person.
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That the public conduct of the whole or the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists.
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Milford
Sound Development Authority Annual Report
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s7(2)(b)(ii) - The withholding of the information is
necessary to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial position
of the person who supplied or who is the subject of the information.
s7(2)(h) - The withholding of the information is
necessary to enable the local authority to carry out, without prejudice or
disadvantage, commercial activities.
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That the public conduct of the whole or the relevant
part of the proceedings of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists.
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