Council

 

OPEN MINUTES

 

 

 

Minutes of a meeting of Council held in the Council Chambers, 15 Forth Street, Invercargill on Wednesday, 26 August 2015 at 1.01pm.

 

present

 

Mayor

Mayor Gary Tong

 

Deputy Mayor

Paul Duffy

 

Councillors

Lyall Bailey

 

 

Stuart Baird

 

 

Brian Dillon

 

 

Rodney Dobson

 

 

John Douglas

 

 

Bruce Ford

 

 

Julie Keast

 

 

Ebel Kremer

 

 

IN ATTENDANCE

 

Chief Executive Steve Ruru, Group Manager Services and Assets Ian Marshall, Group Manager Environment and Community Bruce Halligan, Group Manager Policy and Community Rex Capil, Chief Financial Officer Anne Robson, Chief Information Officer Damon Campbell, Manager Communications and Governance Louise Pagan and Committee Advisor Fiona Dunlop.

.


Council

26 August 2015

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1          Apologies

 

Apologies had been received from Councillors Harpur, Macpherson and Paterson.

 

Resolution

Moved Cr Baird, seconded Cr Douglas and resolved:

That the Council accept the apologies.

 

2          Leave of absence

 

Councillor Bailey requested a leave of absence for the period of 3 to 14 September 2015.

 

Moved Cr Dillon, seconded Deputy Mayor Duffy and resolved:

That the Council agree to leave of absence for Councillor Bailey for the period 3 to 14 September 2015.

 

3          Conflict of Interest

There were no conflicts of interest declared.

 

4          Public Forum

There was no public forum.

 

5          Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

 

6          Confirmation of Council Minutes

 

Resolution

Moved Cr Keast, seconded Cr Douglas  and resolved:

That the Council confirms the minutes of Council, held on 5 August 2015.

 

 

Reports - Policy and Strategy

 

 

7.1

Dog Control Policy 2015 and Dog Control Bylaw 2015

Record No:         R/15/7/12580

 

Environment Health Manager Michael Sarfaiti was in attendance for this item.

 

1       He advised that the purpose of the report was to present the draft Dog Control Policy 2015 and Dog Control Bylaw 2015 which is proposed to be amended as a result of public consultation.  On 3 August 2015, Council heard oral submissions from numerous submitters and then deliberated on the draft policy and bylaw.

 

Council noted that on 18 March 2015, the release of the draft Dog Control Policy and Bylaw was endorsed for public consultation.  It publicly notified and submissions were 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. 

 

 

Councillors Baird, Bailey, Duffy and Douglas abstained from voting on the Dog Control Policy 2015 and Dog Control Bylaw 2015.

 

Resolution

Moved Cr Dobson, seconded Cr Kremer  and resolved:

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 (of the officer’s report) “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 of the officer’s report (Appendices 1 and 2 of the minutes)).

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:

Clause of the Dog

Control Bylaw 2015

Summary of delegation

Delegated officer

10(a) and (b)

Changes to dog access by public notice

•   Chief Executive

•   Group Manager Environment and Community

13

Granting of multiple dogs licences

•   Chief Executive

•   Group Manager Environment and Community

•   Manager Environmental Health

•   Dog Control Officer

•   Customer Services Officer (Dog Control)

14

Requirement to neuter uncontrolled dog

•   Chief Executive

•   Group Manager Environment and Community

•   Manager Environmental Health

 

 

 

7.2

Delegated Authority to Act in Mediation for the consent for the Around the Mountains Cycle Trail

Record No:         R/15/8/14880

 

General Manager Ian Marshall Services and Assets Ian Marshall was present for this item. 

 

The purpose of the report was 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.

Council noted that the resource 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.

Council also noted that the Council has agreed to participate in a mediation process and in accordance with the directions of the Environment Court this is set down for mediation on 10 September 2015.  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.

 

 

Resolution

Moved Cr Douglas, seconded Cr Dillon  and resolved:

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.

 


 

 

Reports - Operational Matters

 

8.1

Projects from 2014/2015 to be carried forward into the 2015/2016 Financial Year

Record No:         R/15/6/11103

 

Finance Manager Sheree Marrah was in attendance for this item.

 

Mrs Marrah advised that the report was to inform Council of the projects budgeted in the 2014/2015 financial year that were not completed and to seek approval to carry the projects forward into the 2015/2016 year. 

Council noted that the list is not a complete list of all projects that were not completed in 2014/2015 financial year.  Some projects have been deleted, or reprogrammed to a later date as part of the Long Term Plan process.

Each 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 the work.  Due to various reasons, these projects are not always completed in the particular financial year for which they are budgeted to occur, and hence a requirement to be carried forward.

 

Resolution

Moved Deputy Mayor Duffy, seconded Cr Keast and resolved:

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 list of projects (attached as appendix one to the minutes) to be carried forward into the 2015/2016 financial year with an addition as follows for Limehills to be funded by reserves:

 

Category / Town

Activity

Project Name

Financial year

AP Budget

Owner

Status

Officers Comment

Limehills

Storm-water

Mechanical cleaning of open drains

14/15

$11,695

(from reserves)

Ray Covey

In Progress - Construction

Open channel enhancement continuing by Area Engineers.  Refer Josh Webb

 

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.

 

 

Public Excluded

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

Resolution

Moved Cr Dillon, seconded Cr Ford  and resolved:

That the Council exclude the public 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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Venture Southland Governance and Fee Structure for Non-Elected Joint Committee Members

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

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.

Milford Sound Development Authority Annual Report

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.

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.

 

Permit the Chief Executive, Group Manager Services and Assets, Group Manager Environment and Community, Group Manager Policy and Community, Chief Financial Officer, Chief Information Officer, Manager Communications and Governance and Committee Advisor be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of the items C10.1 Venture Southland Governance and Fee Structure for Non-Elected Joint Committee Members and C10.2 Milford Sound Development Authority Annual Report.  . This knowledge, which will be of assistance in relation to the matters to be discussed, is relevant to those matters because of their knowledge on the issues discussed and meeting procedure.

 

The public went into public excluded session at 1.20pm.

 

The meeting returned to open session at 1.32pm.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available unless released here.

 

Item To Be Recorded In Open Session

 

 

Venture Southland Governance and Fee Structure for Non-Elected Joint Committee Members

Council approved that recommendation d) of the report be recorded in open session.

 

That the Council:

d)         Endorses the appointment of Trevor Johnston to be the Chair of the Advisory Sub Committee of Venture.

 

 

 

The meeting concluded at 1.32pm.               CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Council HELD ON WEDNESDAY 26 AUGUST 2015.

 

 

 

DATE:...................................................................

 

 

 

CHAIRPERSON:...................................................

 

 


Council

26 August 2015                                                           Appendix 1

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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.

 

 

 


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. 

 


 


 

 


Council

26 August 2015                                                           Appendix 2

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Council

26 August 2015                                                           Appendix 2

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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. 

 

 


Council

26 August 2015                                                           Appendix 2

sdclogo

 

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. 


 


 

 

 


Council

26 August 2015                                                                                                    APPENDIX 3

sdclogo

 

 

Category/Town

Activity

Project Name

Financial Year

AP Budget 

Owner

Status

Officers Comment

Colac Bay

Roading and Transport

New Footpath

13/14

$5,145

Greg Erskine

Not Started

Delayed by weather & final location

District

Grants & Donations

Waituna Lagoon Grant

14/15

$20,000

Louise Pagan

Not Started

Grant not picked up this year but may be needed in 2015-2016

District

Grants and Donations

Southland Coastal Heritage Grant

14/15

$15,000

Louise Pagan

Not Started

Grant not picked up this year but may be needed in 2015-2016

District

Library Services

New TV purchase

14/15

$2,000

Lynda Hodge

Not Started

 

District

Library Services

Video Conferencing Equipment

14/15

$7,000

Lynda Hodge

Not Started

Requirements under discussions

Districts

Buildings

Upgrade project at Te Anau Library

14/15

$8,600

Kevin McNaught

Not Started

Delayed due to clarifying scope and costs

Manapouri

Parks and Reserves

Commemorative rock

13/14

$15,000

Nick Lewis

Not Started

CDA not agreeing to options

Mararoa Waimea

Roading and Transport

minor road improvements particularly the sealing of unsealed roads where they intersect with a sealed road

14/15

$100,000

Bruce Miller

Not Started

Construction, materials & machinery not available in time

Otautau

Roading and Transport

Footpaths Upgrade

14/15

$11,694

Greg Erskine

Not Started

Contractor workload delayed commencement

Riverton/Aparima

Roading and Transport

Road & kerbing

13/14

$105,884

Greg Erskine

Not Started

No suitable contractors available for footpath on State highway

Riverton/Aparima

Library Services

Furniture& Fittings

14/15

$2,000

Lynda Hodge

Not Started

Furniture for sofa and chairs

Riverton/Aparima

Roading and Transport

Footpaths

14/15

$46,778

Greg Erskine

Not Started

Delay with design and documentation

Te Anau

Library Services

Upgrade Lighting to LED

14/15

$30,710

Lynda Hodge

Not Started

Delayed due to clarifying scope & costs

Te Anau

Library Services

Reconfigure & refurbish building

14/15

$32,500

Lynda Hodge

Not Started

Delayed due to clarifying scope & costs

Te Anau

Roading and Transport

Street Lighting

13/14

$34,056

Nick Lewis

Not Started

Redo proposal for LED lights instead of conventional

Te Anau

Parks and Reserves

Lions Park Playground Improvements

14/15

$21,054

Nick Lewis

Not started

Design ongoing

Te Anau

Library Services

Furniture & Fittings

14/15

$6,142

Lynda Hodge

Not Started

Furniture for reconfigured building

Tuatapere

Roading and Transport

Footpath upgrade

13/14

$31,138

Leighton Hare

Not started

Adverse weather conditions delayed project completion

Tuatapere

Roading and Transport

Concrete kerbs

13/14

$8,676

Leighton Hare

Not started

Adverse weather conditions delayed project completion

Winton

Cemeteries

New cemetery beams

14/15

$8,220

Josh Webb

Not Started

Project to meet demand not quite there yet

Winton

Library Services

Furniture & Fittings

14/15

$1,750

Lynda Hodge

Not Started

New public space furniture

Athol

Public Conveniences

Athol Toilet upgrade

14/15

$30,000

Bruce Miller

Started - 80% complete

Resource constraints have prevented this project being completed

Garston

Public Conveniences

Toilet upgrade

14/15

$90,000

Bruce Miller

Started - 80% complete

Weather affected completion

Woodlands

Cemeteries

Gazebo seating and storage shed

14/15

$6,875

Brendan Gray

Started – 50% completed

Unable to complete due to weather

District

Library Services

Book purchases

14/15

$30,000

Lynda Hodge

Started – books ordered, awaiting delivery

Ordered books delayed in publications/arrival

Riverton/Aparima

Water

Capacity

14/15

$92,319

Ian Evans

Started – Construction

Continuation of Work in progress (at BU 26362)

Riverton/Aparima

Water

Scheme improvements

12/13

$1,384,191

Ian Evans

Started – Construction

Continuation of Work in progress (at BU 26362)

Stewart Island

Sewerage

Additional stand by generation/storage at critical station

12/13

$118,468

Ian Evans

Started – Construction

Continuation of Work in Progress; to be completed with ww2220A, plw150A & 2220A combined project

Stewart Island

Sewerage

Soakage fields improvement/extension

13/14

$12,842

Ian Evans

Started – Construction

Continuation of Work in Progress; to be completed with ww2220A, plw150A & 2220A combined project

Steward Island

Sewerage

Pond Pumps

13/14

$3,637

Ian Evans

Started – Construction

Continuation of Work in Progress; to be completed with ww2220A, plw150A & 2220A combined project

Te Anau

Sewerage

Interim upgrade of existing Oxy Pond

13/14

$474,033

Ian Evans

Started – Construction

Continuation of Work in progress

Winton

Sewerage

Treatment Upgrade

14/15

$768,918

Ian Evans

Started – Construction

Continuation of Work in Progress; initial works to achieve interim compliance; part split to 15/16 & part split to 16/17

Otautau

Parks and Reserves

Township Walking Tracks Project

14/15

$5,294

Greg Erskine

Started – design complete but no physical work

Delay with Kiwi Rail plans/price for pedestrian crossing in fill

Orepuki

Roading and Transport

Information kiosk

11/12

$2,200

Greg Erskine

Started – Kiosk up but nothing on panels

No agreement between parties on final working and panels

District

Resource Planning/policy

District Plan

14/15

$100,000

Simon Moran

Started – near completion

Due to Environment Court delays because of ES Biodiversity variation to the RPS.  Budget reduced

Colac Bay

Public Conveniences

Toilet Upgrade

11/12

$21,480

Greg Erskine

Started – Paperwork complete but no physical work done

 

Land owner approval and legalisation delayed physical work

Mararoa Waimea

Council Facilities

Cycle Trail Promotion

14/15

$100,000

Bruce Miller

Started – still in discussions

Design problems with agreement with TNZ

Riversdale

Sewerage

Sludge removal

13/14

$116,986

Ian Evans

Started – Design phase

Continuation of Work in Progress, Part of District wide desludge project