dog policy bylaw 2019 howick submissions volume 2 … · proposal 5a . implement a standard lambing...

DOG POLICY BYLAW 2019

HOWICK SUBMISSIONS

VOLUME 2

6520 TO 8542

Submitter # First Name Last Name Organisation Local Board Volume

6520 Yanyong Li Howick 26521 Leah Fanstone Howick 26523 Pamela Humby Howick 26582 Alan Johnstone Howick 26595 Lynda Williams Howick 26599 Joan Gilchrist Howick 26614 Les Hoddle Howick 26643 Dennis Bartlett Howick 26648 Brian Homan Howick 26907 Colleen East Howick 27079 Jacqueline Lewis Howick 27199 Peter Walter Howick 27379 Bryan Irvine Howick 28077 Pamela Marie Reid Howick 28120 Caroline Blackwell Howick 28142 Byron Lloyd Walton Shodbolt Howick 28326 Margaret Mary Dick Howick 28377 Vivien Mary Dick Howick 28428 Imogen Worsp Howick 28542 Angelika Sansom Animal Evac NZ Howick 2

Have your say on the proposed changes to the Auckland Council Policy on Dogs and Dog Management Bylaw Feedback opens Monday 1 April and closes Friday 10 May, 2019

We reviewed the current Policy on Dogs and Dog Management Bylaw in November 2018 and are proposing changes to improve dog management in Auckland.

The main changes we propose are to:

• reorganise the Policy and Bylaw information into user friendly themes

• remove duplication from the Bylaw, which will simplify future amendments

• reduce confusion about dog access rules and improve voluntary compliance by:

o presenting the rules in the schedule in a consistent manner

o applying a consistent definition of time and season

o applying consistent rules to multiple dog ownership

• address emerging issues around dog management by:

o including specific reference to the Code of Welfare

o extending environmental protection to include flora

• clarifying the enforcement requirement to neuter uncontrolled dogs

• clarifying the council’s jurisdiction on privately owned public spaces

• promoting responsible dog ownership amongst owners of dogs classified as ‘menacing’ on the basis of

their behaviour

• reviewing access rules in regional parks.

To provide feedback on the proposed changes you can:

• visit www.aucklandcouncil.govt.nz/haveyoursay to provide feedback online and find out about the drop-in sessions that are taking place during the consultation period

• scan this form and email it to [email protected]

• by placing your completed form in an envelope and sending to the following freepost address:

Auckland CouncilDog Management BylawFreepost Number 241331Private Bag 92300Victoria Street WestAuckland 1142

Once the consultation has closed, all feedback received will be presented to the Deliberations Panel before a final decision is made. You are welcome to attend and observe proceedings of the Deliberations Panel on the findings of this consultation at 9.30am to 4.30pm on Thursday 6 June and 9.30am to 4.30pm on Wednesday 12 June (if required). Both meetings will be held at the Reception lounge, Level 2, Auckland Town Hall.

#6599

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-policies/Pages/policy-on-dogs.aspx

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/bylaws/Pages/dog-management-bylaw.aspx

http://www.aucklandcouncil.govt.nz/haveyoursay

mailto:[email protected]

Your contact details

Your name and feedback will be publicly available in Auckland Council reports and online. All other personal details will remain private.

Is your feedback on behalf of an organisation?

□ Yes – I am the official spokesperson for the organisation

□ No – these are my own personal views

If yes, what is the name of your organisation? ______________________________________

Would you like to subscribe to any of the following (tick all that apply):

□ People’s Panel – to take part in council surveys

□ Our Auckland - your weekly guide to what’s happening in Auckland

Feedback on the Dog Management Policy and Bylaw Review

Proposal 1:

Remove the schedule of access rules from the Dog Management Bylaw 2012.

Reason

The current Auckland Council Policy on Dogs 2012 and Dog Management Bylaw 2012 both contain the same schedules of dog access rules (a list of public places where dogs can/can’t go). Removing this duplication from the Bylaw will make it easier to make changes to the schedule in the Policy. This is because the Policy does not need to be approved by the Governing Body.

What is your opinion on this proposal? □ Agree □ Disagree □ Other

Please tell us why:

Y o u a r e b a c k t o t h e P C b u r e a u c r a t i c " o n e - s i z e

fits all mindset . T h e r e a r e l o c a l w a r d a r e a s w h e r e

dog owners are responsible, considerate and take their responsibilities seriously, whereas in other wardsthis does not apply. Wards should be able to take this into account when setting the rules...not some little pen-pusher sat at a desk in central Auckland.

#6599

Proposal 2:

All local board dog access rules within Schedule 2 of the Auckland Council Policy on Dogs will be presented in the same way. The rules will now list designated dog exercise areas, off leash areas, areas where a time and season rule is applied, and prohibited areas. Public spaces not listed in Schedule 2 have the default rule of dogs on leash.

This will not change local dog access rules that are currently applied in any local beach, park or reserve, only the way the rules are presented.

Reason

Currently, Schedule 2 (the list of local dog access rules) applies different default dog access rules for each local board area. If we present dog access rules in the same way for each local board area, it will be easier to know where dogs are allowed.


Please tell us why:

The intent of this proposal is not to change any current local dog access rules. If you think there are any local beaches or parks where the type of rule applied will change this proposal, please specify these below:

Proposal 3:

A multiple dog ownership licence will only be required for urban residential properties where there are more than two dogs at the property.

Reason

The purpose of a multiple dog ownership licence is to promote dog welfare by ensuring the property is suitable for more than two dogs. Currently, there are different requirements for multiple dog ownership, depending on where you live in Auckland. This proposed change would provide a consistent approach to licensing across Auckland.


See above; one size does not fit all.

Everywhere, I suspect, given my feelings above.

#6599

Please tell us why:

Proposal 4:

Amend the time and season definition in the Auckland Council Policy on Dogs to ‘10am-7pm from the Saturday of Labour Weekend to 31 March’. This definition would consistently be applied in all areas currently using a time and season rule (including identified regional parks).

Reason

The purpose of a time and season rule is to minimise the conflict between dogs, their owners, and other users of busy, public places. Currently, there are 17 variations to the time and season definition. We want to standardise the definition to make it easier for the public to know when dogs are allowed on beaches that apply the time and season rule.

Alternative option

We are also considering the option of allowing local boards to make variations to the regional time and season definition.

This variation option means local boards would be able to customise the time and season definition to the needs of the community, but will also result in ongoing inconsistency throughout the region.

What is your opinion on this proposal? □ Standardised regional definition □ Local variations □ Other Please tell us why:

If a standardised regional definition is applied, what is your view of the proposed definition of ‘10am-7pm from the Saturday of Labour Weekend to 31 March’? □ Agree □ Disagree □ Other

I don't know what happens currently, but years ago when I had two dogs, initially the property was inspected and I and family interviewed

to ensure that the property was suitable and we were sufficiently responsible. Then we had regular follow-up inspections - can't remember the

time frame.

Again, see my comments on "one size fits all". Clearly, there are some beaches at which an earlier end to the time/season is appropriate. And why you mention regional parks, heaven knows because dogs are banned from most of

these are banned for dogs...haven't been to one in years because I can't take my dog, which I consider sad.

#6599

If you'd like the time and season definition changed, what would you like to change it to? Start time: □ 7.00am □ 7.30am □ 8.00am □ 8.30am □ 9.00am □ 9.30am

□ 10.00am □ 10.30am □11.00am □ Other (Please tell us what time):

Finish time: □ 4.00pm □ 4.30pm □ 5.00pm □ 5.30pm □ 6.00pm □ 6.30pm

□ 7.00pm □ 7.30pm □ 8.00pm □ Other (Please tell us what time):

Season start: □ Daylight savings (late September) □ Labour Weekend (late October) □ 1 December

□ Other (Please tell us when):

Season finish: □ 1 March □ 31 March □ Easter weekend (varies) □ Daylight savings (early April)

□ Other (Please tell us when): Proposal 5 (These proposed amendments apply to regional parks only):

Proposal 5A

Implement a standard lambing season rule to prohibit dogs from 1 July to 1 December in regional parks that have stock.

Reason

Currently, regional parks apply various rules to prohibit dogs during lambing season. A standard rule makes it easier for dog owners to know when they can take their dogs to regional parks with stock. These rules are being proposed to protect stock in the regional parks that currently have a lambing season rule (Hunua Ranges, Mahurangi, Omana, Pakiri, Tapapakanga, Te Rau Puriri, Waitawa, Wenderholm).


#6599

Please tell us why:

Proposal 5B

We are proposing to amend dog access rules in the following regional parks to protect wildlife: Glenfern Sanctuary, Muriwai Regional Park, Long Bay Regional Park, Waitakere Regional Park - Whatipu.

1. Glenfern Sanctuary

Dogs are prohibited from the sanctuary for the protection of wildlife.

Reason

Dogs are currently prohibited from Glenfern Sanctuary to protect wildlife. This is a newly acquired piece of land and the current rules need to be included in Schedule 2.


Please tell us why:

2. Muriwai Regional Park

(a) On Muriwai Beach, dogs are allowed under control off leash at all times north of the surf tower

(b) Dogs are prohibited south of the surf tower to protect the gannet colony.

Reason The surf tower is being used as the boundary marker to make it easier for the public to know where dogs are allowed and prohibited.


I'm easy...don't know the place, don't use it.

#6599

Please tell us why:

3. Long Bay Regional Park

(a) Dogs are prohibited north of Vaughn's stream (b) The following time and season rule applied to the beach south of Vaughn’s stream:

Summer • Morning - under control off leash • Daytime - under control on leash • Evening - under control off leash

Winter • All times - under control off leash

(c) Dogs are allowed under control on a leash in the small car parking area immediately east of the southern entrance to the park

(d) Except as provided in (a) - (c) above, dogs are prohibited from Long Bay Regional Park and associated beaches.

Reason

Dogs are currently prohibited north of Vaughn's stream using the temporary ban for the protection of vulnerable wildlife. We are proposing to make this ban permanent to ensure continued protection of wildlife north of the stream. South of Vaughn's stream would apply the regional standard time and season definition. The addition of the on leash rule in the southern car park allows for dog owners to take their dogs to the beach without breaching the bylaw.


Please tell us why:

4. Waitakere Regional Park – Whatipu

Dogs are prohibited west of Don McLean Road and south of Walker Ridge track.

See above

#6599

Reason

Dogs are prohibited from Whatipu Scientific Reserve for the protection of wildlife. We are proposing to prohibit dogs from the road and any walking tracks that lead to this reserve to retain this protection.


Please tell us why:

Proposal 5C

Retain all other dog access rules in regional parks.


Please tell us if there are other dog access rules in regional parks you think should be changed and why:

Proposal 6: Extend council’s ability to makes temporary changes to dog access rules to protect flora vulnerable to dogs, such as kauri.

Reason

The current Bylaw allows council to temporary prohibit dogs from areas to protect vulnerable wildlife. Extending this provision allows for Auckland Council to be more responsive to environmental needs, such as preventing the spread of kauri dieback.


x

See above.

Other than where wildlife needs protecting, dogs should be allowed at regional parks, on leash, but with off-leash areas set aside.

#6599

Please tell us why:

Proposal 7

Owners of dogs classified as menacing due to behaviour will have the opportunity to have their dog's classification reviewed. The classification may be reviewed if the owner provide evidence of completing a dog obedience course (at the owner's expense), and the owner has not obtained any infringements in relation to the dog within a 12-month period. The removal of classification of the dog is at the discretion of Council.

Reason

The change is intended to incentivise dog owners to modify their dog's behaviour and promote responsible dog ownership.


Please tell us why:

Some more information about you

These questions help us understand which groups of the community are engaging with Auckland Council. All questions are optional, and this information will remain private.

without any inspection or discussion, as an American Staffordshire Terrier that had to be muzzled at all times.

My concern, as the owner of Staffordshire Bull Terriers for 64 years in total, 41 in NZ) in this area is what constitutes

a "menacing" dog and who decides that it is - having had my Staffy reclassified by some nitwit in your organisation,

That took a fair

fair bit of sorting out.

#6599

Having trouble viewing this email? Click here .

From: Auckland CouncilTo: dogsbylawreviewSubject: Dogs feedback_Date: Friday, 10 May 2019 2:44:47 PM

Dog Policy and Bylaw 2019feedback

Submitter detailsDate received: 10 May 2019 14:43

FeedbackProposal 1

Remove the schdule of access rules from the Dog Management Bylaw 2012.

What is your opinion of this proposal?

Agree

Proposal 2

All local board rules within Schedule 2 of the Auckland Council Policy on Dogs will be presented ina consistent format.


#8542

https://engage.ubiquity.co.nz/surveys/link/u_ZljS5DpgRjim8LjoQxfQ

mailto:[email protected]

Agree

If you think there are any local beaches or parks where the type of rule applied will changethis proposal, please specify these below:

Proposal 3

Multiple dog ownership licence will only be required for urban residential properties where thereare more than two dogs at the property.


Agree

Proposal 4

Time and season rule

What is your preference for this proposal?

Standardised regional definition

If a standardised regional definition is applied, what is your view of the proposed definitionof 10am-7pm from the Staurday of Labour Weekend to 31 March?

Disagree

This is more restrictive for many areas. Auckland has laws that make it the most dog-unfriendlycity in the country. Auckland Council needs to realise that dogs are part of the family andencourage responsible dog guardianship rather than making even more restrictive laws.

If you'd like the time and season rule changed, what would you like to change it to?

Start time: 10.00am

Finish time: 4.30pm

Start date: 1 December

Finish date: 1 March

Proposal 5A

Implement a standard lambing season rule to prohibit dogs from 1 July to 1 December in regionalpark that have stock.


Agree

Proposal 5B

Glenfern Sanctuary

Dogs are prohibited from the sanctuary for the protection of wildlife.


Disagree

My understanding is that Auckland Council is taking away access for leashed dogs in some ofthese areas which contain walkways. No leashed access should be removed from current policy.

#8542

Muriwai Regional Park

(a) On Muriwai Beach, dogs are allowed under control off leash at all times north of the surfertower

(b) Dogs are prohibited south of the surf tower to protect the gannet colony.


Agree

Long Bay Regional Park

(a) Dogs are prohibited north of Vaughn's stream

(b) Amending time and season rule applied to the beach south of Vaughn's stream

(c) Dogs are allowed under control on a leash in the small car parking area immediately east ofthe southern entrance to the park

(d) Except as provided in (a) - (c) above, dogs are prohibited from Long Bay Regional Park andassociated beaches.


Waitakere Regional Park - Whatipu

Dogs are prohibited west of Don McLean Road and south of Walker Ridge track.


Proposal 5C

Retain all other dog access rules in regional parks.


Other

Proposal 6

Extend our ability to make temporary changes to dog access rules to protect flora vulnerable todogs, such as kauri.


Other

Would only agree if the change is a requirement for dogs to be on leash rather than banning allaccess to area by dogs.

Proposal 7

Owners of dogs classified as menacing due to behaviour will have the opportunity to have theirdog's classification reviewed.


Agree

#8542

I commend Auckland Council in encouraging and promoting responsible dog ownership andtherefore agree with this proposal. Additionally I would appeal the Council to remove theclassification of menacing due to breed. This gives the community a false sense of security thatonly these dogs bite when it has been proven over and over again that all dogs can bite - thisclassification does not therefore promote responsible dog ownership. In addition, having thisclassification (menacing by breed), Council is actually giving owners of these dogs (the minoritywhich are irresponsible), the excuse that the problem lies with the dog rather than where theproblem actually lies and that is well and truly with the owner. Lastly, while the classification ofmenacing by breed is not actually by breed but what just happens to be a big boof headed dog,Council actually loses credibility (i.e. how can you discriminate against a dog based on looks as ifa big headed dog determines behaviour). Council please have laws that punish owners by deednot breed (or looks as the case may be).

Any other feedback:

As a resident of Auckland City, I call upon the Council to respectfully consider in full thesubmission made today by Animal Evac New Zealand so that dogs are better protected inemergency situations. I support the submissions of Animal Evac New Zealand to AucklandCouncil on its Dog Management Bylaws. Supporting documentation uploaded.

Auckland Council

#8542

https://engage.ubiquity.co.nz/surveys/link/mMnLAc_AG9K2yVQ37EazQA

I/we support the submissions of Animal Evac New Zealand to Auckland

Council on its Dog Management Bylaws

As a resident of Auckland City, I/we call upon the Council to respectfully consider in full the

submission made today by Animal Evac New Zealand so that dogs are better protected in

emergency situations.

Auckland Council’s Dog Management Bylaws are made pursuant to section 20 of the Dog Control Act

1996:

20 Dog control bylaws

(1) Any territorial authority may, in accordance with the Local Government Act 2002, make

bylaws for all or any of the following purposes:

(e) prescribing minimum standards for the accommodation of dogs:

(f) limiting the number of dogs that may be kept on any land or premises:

…

(j) providing for the impounding of dogs, whether or not they are wearing a collar

having the proper label or disc attached, that are found at large in breach of any bylaw made

by the territorial authority under this or any other Act:

…

(l) any other purpose that from time to time is, in the opinion of the territorial

authority, necessary or desirable to further the control of dogs.

A primary object of the Dog Control Act 1996 is to make better provision for the care and control of

dogs.1 This object is reflected in the obligation on dog owners to ensure that their dogs are kept

under control at all times, and to ensure that their dogs receive proper care and attention, and are

supplied with proper and sufficient food, water and shelter.2

Animal Evac NZ submits that these obligations, and a territorial authority’s mandate to regulate dog

control extends to situations of emergency. Such regulation is for the benefit of the dogs

themselves, and is necessary to provide adequate emergency management for their owners, and

other persons as dogs properly controlled during an emergency may be less likely to pose a risk to

persons, other animals, and property. In support of this, and as part of these submissions, is

attached Animal Evac NZ’s report No animal left behind: A report on animal inclusive emergency

management law reform.

1 Section 4 of the Dog Control Act 1996. 2 Section 5(b) and (c).

#8542

Animal Evac NZ submits that Auckland Council adopt the following into its Dog Management Bylaws:

Emergency Management

1. Limitations on number of dogs do not apply to temporary emergency facilities which are

established under the direction of national or group controllers, as defined in the Civil

Defence Emergency Management Act 2002.

2. National and group controllers may temporarily create, amend and suspend Dog Control

Bylaws while an emergency has been declared, and up to a specified time after the

emergency has ended.

Dog Control Officers, Dog Rangers and impounding facilities

3. While an emergency has been declared under the Civil Defence Emergency Management Act

2002, by direction of a Controller, dog control officers or dog rangers as appointed under the

Dog Control Act 1996, may operate in the area to be designated as under emergency as if a

written agreement had been made with the territorial authority where they are authorised.

4. While an emergency has been declared, impounded dogs are must be retained for a

minimum of 30 days while reasonable attempts are made to reunite them with their owner,

or until such dog is reunited with its owner.

Care and control of dogs during an emergency

5. During a declared emergency or adverse or extreme weather, tethering of dogs is prohibited

if there is a reasonable likelihood that tethering a dog in those circumstances could

endanger its health. An offence against this bylaw is punishable by the maximum fine.

6. When a dog which is declared as menacing or dangerous is untethered due to declared

emergency or adverse weather which has a reasonable likelihood of endangering its health,

it must be muzzled. An offence against this bylaw is punishable by the maximum fine.

7. During a declared emergency, where directed by a national or group controller or police

constable, dogs are permitted on public transport but must be muzzled or otherwise

appropriately controlled.

Registration of multiple dogs and dangerous/menacing dogs

8. In order to be granted and maintain a multiple dog owner permit under the Dog Control

Bylaw, a prospective owner must satisfy the territorial authority that they have a muzzle,

leash, and carrier, crate or other suitable means of securely conveying and accommodating

the prospective dogs during an emergency, for the prospective dog and all other dogs that

the prospective owner possesses.

9. Where a dog is classified as menacing or dangerous, the owner must satisfy the territorial

authority that they have a muzzle, leash, and carrier, crate or other suitable means of

securely conveying and accommodating the prospective dogs during an emergency.

10. Where a dog is classified as menacing or dangerous, such carrier, crate or other suitable

means of securely conveying and accommodating the prospective dog must be reasonably

secure such that it reasonably mitigates the likelihood of the prospective dog causing harm

to people, stock, and property.

11. Any animal housing facility that has three or more dogs in its care, or has consent to operate

housing for three or more dogs, must satisfy the council that it has a satisfactory plan, and

resources to carry out that plan, to evacuate and accommodate all the dogs in its care in the

event of a declared emergency or adverse or extreme weather which has a reasonable

likelihood of endangering the health of those dogs.

12. In order to register a dog, a prospective owner must satisfy the territorial authority that they

have suitable plans to provide evacuation, alternative accommodation, care and control

#8542

during a declared emergency or adverse or extreme weather which has a reasonable

likelihood of endangering the health prospective dog.

Disability assistance dogs

13. It is prohibited for a person under the bylaw to impersonate that a dog is a disability

assistance dog, as defined in s 5 of the Dog Control Act 1996.

14. Refence is made in the bylaw or accompanying policy, that it is recommended that all

disability assistance dogs have affixed to their collar, the civil defence emergency

management disability assistance dog identification tag3.

10th May 2019

3 https://www.civildefence.govt.nz/assets/Uploads/publications/Fact-Sheet-on-Disability-Assist-Dogs-in-Emergencies-January-2014.pdf

#8542

https://www.civildefence.govt.nz/assets/Uploads/publications/Fact-Sheet-on-Disability-Assist-Dogs-in-Emergencies-January-2014.pdf

https://www.civildefence.govt.nz/assets/Uploads/publications/Fact-Sheet-on-Disability-Assist-Dogs-in-Emergencies-January-2014.pdf

dog policy bylaw 2019 howick submissions volume 2 … · proposal 5a . implement a standard lambing...

Documents