Thames-Coromandel District Council Proposed Dog Control Policy and Dog Control Bylaw Statement of Proposal The Thames-Coromandel District Council has reviewed its Dog Control Bylaw (Part 10 of Council's Consolidated Bylaw 2004) and Dog Control Policy and is proposing changes to both documents. This document explains the types of changes proposed and includes the proposed Dog Control Policy and Dog Control Bylaw in full. It also tells you how you can give us feedback. Why a Dog Control Policy and Dog Control Bylaw? Dog control is regulated under the Dog Control Act 1996 (the Act). The intention of the Act is to enable people to enjoy the benefits of dog ownership and provide for the exercise and recreational needs of dogs and their owners, while minimising potential danger, distress and nuisance to the community. The Act requires that Council has a policy on dogs, and gives effect to the policy through bylaws made under the Local Government Act 2002. Some matters in the Act do not need to be repeated in a policy or bylaw, such as the obligations of dog owners and actions Council must or may carry out in response to certain situations. Some matters are at the discretion of Council such as deciding what policy approach to take and the level of regulation appropriate in the district. Council has considered the proposed Dog Control Policy and Dog Control Bylaw included in this Statement of Proposal and has determined: A dog control bylaw is necessary to give effect to Council's policy on dogs and is the most appropriate way to address problems associated with dogs in the district. The proposed bylaw is the most appropriate form of bylaw for the purposes of consultation. The proposed bylaw is not inconsistent with the New Zealand Bill of Rights 1990. About the policy and bylaw review Council adopted a Dog Control Policy and made a Dog Control Bylaw in August 2004 (Part 10 Control of Dogs). A review was undertaken in 2009 and the current bylaw must be reviewed no later than September 2019. Review of the bylaw automatically triggers a review of the policy, and it is effective and efficient to undertake these review processes at the same time. A review was initiated in 2013 and feedback was collected from the community, including through an informal survey over the 2013/2014 summer period and formal submissions to a proposed policy and bylaw over July 2014. However, in early 2015 it was determined that issues identified through 1 Thames-Coromandel District Council - Statement of Proposal Dog Control Policy and Dog Control Bylaw that process meant we should stop the process and 'start again', to undertake more investigations and develop a revised policy and bylaw for further consultation. The current review has been informed by the work from 2013 and 2014, including the community feedback received. We've also had further discussions with Council's Community Boards about local area rules and with the Department of Conservation as a key stakeholder in the protection of wildlife and as the administrator of public conservation land in the district. Thousands of dogs are in the district at any given time, including dogs registered with the Council, temporarily in the district with visiting owners but registered elsewhere, or unregistered. Not all dogs cause problems but Council is required to have a system in place in order to mitigate potential problems and address problems when they do occur. Some relevant matters for our district include: Protection of wildlife, including the endangered New Zealand Dotterel and migratory birds. Popularity of district beaches for people during summer. Appropriate dog exercise areas around the district. Consideration of the needs of locals and visiting dog owners in relation to rules that are easy to understand, such as general consistency with date and time restrictions and approach for main streets and town centres across the district. The review has identified that various improvements should be made to make the policy and the bylaw more robust as well as easier to read and understand. These include: Removing unnecessary duplication with provisions in the Dog Control Act 1996, and including necessary information for legislative compliance. Numbering and ordering of provisions. Greater use of explanatory notes. More definitions. Concise provisions using plain English for improved readability. More defined area descriptions for clarification. Changes to area rules. Separating the bylaw from the Council's Consolidated Bylaw 2004 and making changes so the bylaw can sufficiently stand-alone. The nature and scope of changes proposed means Council would revoke the current Control of Dogs Bylaw (Part 10 of Council's Consolidated Bylaw 2004) and adopt an amended Dog Control Bylaw, as well as adopt an amended Dog Control Policy, following public consultation and consideration of the feedback received. 2 Thames-Coromandel District Council - Statement of Proposal Dog Control Policy and Dog Control Bylaw Have your say The consultation period for the policy and bylaw will begin on 6 November and conclude at 4pm on 7 December 2015. This is your opportunity to let Council know what you think of the proposed Dog Control Policy and Dog Control Bylaw. There are many different ways for you to tell us what you think. You can: Use our online consultation portal at: www.haveyoursay-tcdc.objective.com Send us an email at: [email protected] Fax us on (07) 868 0234 Complete a submission form and post it to us at Thames-Coromandel District Council, Private Bag, Thames 3540 or drop it into the area offices in Thames, Coromandel, Whitianga or Whangamata. If you have any questions about this proposal or about how to make a submission, please contact us on 07 868 0200 or email: [email protected] We encourage you to consider using the online consultation portal as this method minimises the administration costs of the Council and gives you the advantage of saving your draft submission for further editing before submitting. Hearings Please tell us if you would like to attend a hearing to speak to Council in support of your submission, and include a telephone number and email address to ensure we can contact you to arrange a time for your presentation. Hearings will be held in early February 2016. What happens next? After the hearings, the Council will consider all the submissions received and make decisions on any amendments to the policy and bylaw as a result. As a submitter you will be notified of Council's decision. Council will consider a final dog control policy and dog control bylaw for adoption in May 2016. Remember, you have until 4pm on 7 December 2015 to send us your feedback. 3 Thames-Coromandel District Council - Statement of Proposal Dog Control Policy and Dog Control Bylaw [Draft] Dog Control Policy Ngā kaupapa kuri 1. DESCRIPTION AND OBJECTIVES 1.1. This Dog Control Policy sets out the Council's approach to supporting responsible dog ownership and to dealing with the effects of irresponsible dog ownership in order to ensure wider public safety. 1.2. On behalf of the communities of the Thames-Coromandel District, the Council will endeavour to: a) Enable people to enjoy the benefits of dog ownership and provide for the exercise and recreational needs of dogs and their owners. b) Encourage and support responsible dog ownership. c) Minimise potential danger, distress and nuisance to the community and native wildlife and enable, to the extent that it is practicable, the public to use streets and public amenities without fear of attack or intimidation by dogs. 2. NATURE AND APPLICATION OF BYLAW 2.1. The Council's obligations in relation to dog control are set out in the Dog Control Act 1996 (the Act) and this policy should be read in conjunction with the Act. 2.2. Under section 10(1) of the Act the Council must adopt a policy in respect of dogs in the Thames-Coromandel District. 2.3. Under section 10(6) of the Act, the Council must give effect to its policy by having a bylaw. 1 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy 2.4. The Council's policy and bylaw must be made in accordance with the Local Government Act 2002. 2.5. The Act, the policy and the bylaw cover separate requirements as identified in the table below: Dog Control Act Dog Control Policy Dog Control Bylaw Probationary dog owners General areas where dogs are Specific dog prohibited areas Disqualification of dog owners prohibited including any date or time Obligations of dog owners General areas where there are restrictions including: leash requirements Specific leash requirement Control of dogs on General areas designated as areas including any date or owner's property exercise areas time restrictions Barking dogs Controlled and open dog areas Specific dog exercise areas, Dogs causing serious on land managed and including any date or time injury administered by the restrictions Seizure or destruction of Department of Conservation Temporary area restrictions dogs Owner education programmes Dog fouling Infringement offences Neutering of dogs Impounding of dogs Custody of dogs Infringement notices Neutering of dogs Prohibiting the importation of Fees and charges Enforcement, offences and certain dogs penalties Dangerous Dogs Fees and charges Menacing dogs Micro-chipping 2.6. As from the day on which this policy is adopted, the Thames-Coromandel District Council Dog Control Policy 2004 shall be revoked. 3. DEFINITIONS Beach means the foreshore and any adjacent area that can reasonably be considered part of the beach environment including areas of sand, pebbles, shingle, dunes or coastal vegetation, but not including reserves or parks that are adjacent to the beach.