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, 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. For clarification, estuary areas that fit this definition are considered a beach under this bylaw.

Chief Executive means the person employed by Council as the Chief Executive of the Council for the time being.

2 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

Control in relation to a dog, means that the owner is able to obtain an immediate and desired response from the dog by use of a leash, voice commands, hand signals, whistles or other effective means.

Council refers to the Thames-Coromandel District Council.

District means the Thames-Coromandel District.

Foreshore has the meaning as defined in section 2 of the Resource Management Act 1991.

Holiday Weekend means any weekend which immediately precedes or follows a public holiday, and includes the public holiday as defined in the Holidays Act 2003.

Owner has the same meaning as defined in section 2 of the Dog Control Act 1996.

Neuter means to spay or castrate a dog, but does not include vasectomising a dog.

Park means –

a) any land vested in or administered by the Council, or the Department of Conservation, under the provisions of the Reserves Act 1977; or b) any park, domain or recreational area under the control or ownership of the Council.

Playground means an outdoor area developed or marked out as a playground that contains children's play equipment or objects.

Public Place has the same meaning as defined in section 2 of the Dog Control Act 1996.

Reserve has the same meaning as Park.

Sports Surface includes any area developed or marked out as a sports field (including those used for soccer or rugby for example), artificial turf (including those used for hockey for example), court (including those used for netball or tennis for example), or archery range or skateboard park.

The Act refers to the Dog Control Act 1996.

3 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

4. POLICY STATEMENT

4.1 Education programmes

4.1.1 The Council will encourage education opportunities to promote the purposes of the policy and bylaw from time to time.

4.2 Neutering of menacing dogs

4.2.1. Dogs registered within the district and classified as menacing by the Council must be neutered.

4.2.2. Dogs registered within the district and classified as menacing by deed by another territorial authority must be neutered.

4.2.3. Dogs registered within the district and classified as menacing by breed or type by another territorial authority must be neutered if the dog belongs wholly or predominantly to one or more breed or type of dog listed in schedule 4 of the Act.

4.3 Fees and charges

4.3.1. Fees and charges shall be determined by the Council in accordance with section 37 of the Act.

4.4 Infringements

4.4.1. The Council may issue infringement notices for breaches of the bylaw.

4.5 Areas of dog control in public places

4.5.1. General areas where dogs are prohibited, where dogs must be on leash, or are designated as off leash dog exercise areas are listed in the table at clause 4.5.3.

4.5.2. As a result all public places within the district are either prohibited, on leash or off leash exercise areas.

4.5.3. The table below lists general areas of dog control in the district. The bylaw gives effect to these controls stipulated for each of the areas.

Refer to clause 6 for definitions including for beach, playground, public place, reserve, and sports surface.

4 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

Area and description Rules DISTRICT WIDE All beaches and parts of beaches, excluding areas described Off leash elsewhere in this table All public places excluding beaches and excluding other public On leash places described elsewhere in this schedule Within 5 metres of children's playgrounds Prohibited On sports surfaces Prohibited Defined areas as identified from time to time with temporary area Prohibited or on leash for the duration restrictions and/or signs the temporary restriction and/or signs are in place COROMANDEL-COLVILLE COMMUNITY BOARD AREA Big Sandy Bay Beach or parts of the beach as identified in the On leash at certain dates and times as bylaw specified in the bylaw Carey Road Beach or parts of the beach as identified in the bylaw On leash Hannafords Bay Beach or parts of the beach as identified in the On leash at certain dates and times as bylaw specified in the bylaw Herds Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Little Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Little Sandy Bay Beach or parts of the beach as identified in the On leash at certain dates and times as bylaw specified in the bylaw Long Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Oamaru Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Otautu Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Patukirikiri Reserve or parts of the reserve as identified in the Off leash bylaw Port Jackson Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw, otherwise on leash Tucks Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Waikawau Bay Beach (east coast) or parts of the beach as Prohibited identified in the bylaw Wyuna Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw COMMUNITY BOARD AREA Buffalo Beach and Brophys Beaches or parts of the beaches as Prohibited at certain dates and times as identified in the bylaw specified in the bylaw or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Cooks Beach - Purangi Reserve or parts of the reserve as identified Off leash in the bylaw Flaxmill Bay Beach and Front Beaches or parts of the beaches as Prohibited at certain dates and times as identified in the bylaw specified in the bylaw Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw

5 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

Area and description Rules Hot Water Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw, otherwise on leash Kuaotunu - Rings Beach or parts of the beach as identified in the Prohibited at certain dates and times as bylaw specified in the bylaw Kuaotunu east - Kuaotunu Beach or parts of the beach as identified Prohibited at certain dates and times as in the bylaw specified in the bylaw Kuaotunu west - Grays Beach or parts of the beach as identified in Prohibited at certain dates and times as the bylaw specified in the bylaw Matapaua Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Matarangi beach - northern spit or part of the spit as identified in Prohibited the bylaw New Chums Beach or parts of the beach as identified in the bylaw Prohibited Matarangi - Omara Boat Ramp Reserve or parts of the reserve as Off leash identified in the bylaw - Opera Point southern spit or parts of the spit as Prohibited identified in the bylaw Opito Bay Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Robinson Road Reserve, Whitianga, or parts of the reserve as Off leash identified in the bylaw Taputapuatea, Whitianga - area near the Taputapuatea Stream as Prohibited at certain dates and times as identified in the bylaw specified in the bylaw Whangapoua Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Whangapoua Beach north as identified in the bylaw Prohibited Wharekaho Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Wharekaho Beach south as identified in the bylaw Prohibited - COMMUNITY BOARD AREA Pauanui - Pleasant Point Reserve or parts of the reserve as Off leash identified in the bylaw Pauanui - South End Reserve or parts of the reserve as identified in Off leash the bylaw Pauanui Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw Tairua - Estuary Reserve or parts of the reserve as identified in the Prohibited at certain dates and times as bylaw specified in the bylaw Tairua - Ocean Beach or parts of the beach as identified in the Prohibited at certain dates and times as bylaw specified in the bylaw Tairua - Sailors Grave also known as Te Karo Bay Beach or parts of Prohibited at certain dates and times as the beach as identified in the bylaw specified in the bylaw THAMES COMMUNITY BOARD AREA Burke Street Beach or parts of the beach as identified in the bylaw On leash Burke Street Beachfront Reserve or parts of the reserve as Off leash identified in the bylaw Kuranui Bay Beach or parts of the beach as identified in the bylaw On leash

6 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

Area and description Rules Little Waikawau Beach (west coast) or parts of the beach as Prohibited at certain dates and times as identified in the bylaw specified in the bylaw, otherwise on leash Ngarimu Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Ruamahunga Bay Beach or parts of the beach as identified in the On leash at certain dates and times as bylaw specified in the bylaw Tapu Beach and/or spit or parts of the beach and/or spit as Prohibited at certain dates and times as identified in the bylaw specified in the bylaw Tararu Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Te Mata Beach and Little Te Mata Beaches or parts of the beaches Prohibited at certain dates and times as as identified in the bylaw specified in the bylaw Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Thornton Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Waiomu Bay Beach or parts of the beach as identified in the bylaw On leash at certain dates and times as specified in the bylaw Whakatete Bay Beach or parts of the beach as identified in the On leash at certain dates and times as bylaw specified in the bylaw WHANGAMATA COMMUNITY BOARD AREA Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and times as specified in the bylaw, otherwise on leash Beach or parts of the beach as identified in the bylaw On leash Opoutere Beach south or parts of the beach as identified in the Prohibited bylaw Opoutere between the car park and main beach access north as Off leash identified in the bylaw Whangamata - Heatherington Road Reserve or parts of the reserve Off leash as identified in the bylaw Whangamata - Park Avenue Reserve or parts of the reserve as Off leash identified in the bylaw Whangamata - Patiki Bay and Patiki Point Reserves or parts of the Off leash reserves as identified in the bylaw Whangamata Beach or parts of the beach as identified in the bylaw Prohibited at certain dates and/or times as specified in the bylaw

4.6 Land administered by the Department of Conservation

4.6.1. The Department of Conservation's Conservation Management Strategy has a policy on dogs in all public conservation land and water areas. Refer to the Waikato Conservation Management Strategy, clause 16.4.1 or contact the Department of Conservation for further details relating to dog control on public conservation land.

4.6.2. At this time the Department of Conservation is not able to formally advise the Council of controlled or open dog areas under Section 26ZS of the Conservation Act 1987 for inclusion in the policy.

7 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Policy

[Draft] Dog Control Bylaw Title: Ngā ture a rohe mō ngā kaupapa kuri

Date Adopted (review date): [Pending]

Date in Force: [Pending]

Next Review Date: Within 10 years of review date

1. TITLE

1.1. This bylaw is the Thames-Coromandel District Council Dog Control Bylaw.

2. PURPOSE

2.1. This bylaw gives effect to the Council's Dog Control Policy, the objective of which is to enable people to enjoy the benefits of responsible dog ownership and provide for the exercise and recreational needs of dogs and their owners, whilst minimising danger, distress, and nuisance to the community generally.

2.2. This bylaw shall apply to the entire Thames-Coromandel district unless specified otherwise in this bylaw.

2.3. As from the day on which this bylaw comes into force, Part 10 Control of Dogs of the Thames-Coromandel District Council Consolidated Bylaw 2004 shall be revoked.

3. EXPLANATORY NOTE

3.1. This bylaw is not the only legislative document relating to dogs. The Dog Control Act 1996 addresses various matters which are generally not repeated in this bylaw unless expressly required by that Act.

3.2. There may be additional rules that apply in public places which are administered by the Department of Conservation, either at all times or from time to time. Those rules are generally not specified in this bylaw.

3.3. Words which refer to the singular include the plural and the plural includes the singular.

1 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

3.4. Reference to any Act or provision of any Act includes any amendment to that Act or any Act passed in substitution for it.

3.5. Notes in italics are for information only and are not part of this bylaw.

4. COMMENCEMENT

4.1. This bylaw comes into force on [to be determined].

5. REVIEW

5.1. Review of this bylaw will be undertaken in accordance with section 159 of the Local Government Act 2002.

6. DEFINITIONS

6.1. In this bylaw, unless the context requires otherwise:

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. For clarification, estuary areas that fit this definition are considered a beach under this bylaw.

Chief Executive means the person employed by Council as the Chief Executive of the Council for the time being.

Control in relation to a dog, means that the owner is able to obtain an immediate and desired response from the dog by use of a leash, voice commands, hand signals, whistles or other effective means.

Council refers to the Thames-Coromandel District Council.

District means the Thames-Coromandel District.

Foreshore has the meaning as defined in section 2 of the Resource Management Act 1991.

Holiday Weekend means any weekend which immediately precedes or follows a public holiday, and includes any public holiday as defined in the Holidays Act 2003.

Owner has the same meaning as defined in section 2 of the Dog Control Act 1996.

Neuter means to spay or castrate a dog, but does not include vasectomising a dog.

2 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Park means –

c) any land vested in or administered by the Council, or the Department of Conservation, under the provisions of the Reserves Act 1977; or d) any park, domain or recreational area under the control or ownership of the Council.

Playground means an outdoor area developed or marked out as a playground that contains children's play equipment or objects.

Public Place has the same meaning as defined in section 2 of the Dog Control Act 1996.

Reserve has the same meaning as Park.

Sports Surface includes any area developed or marked out as a sports field (including those used for soccer or rugby for example), artificial turf (including those used for hockey for example), court (including those used for netball or tennis for example), or archery range or skateboard park.

The Act refers to the Dog Control Act 1996.

Working Dog has the same meaning as defined in section 2 of the Dog Control Act 1996.

7. CONTROL OF DOGS IN PUBLIC PLACES

7.1. The owner of any dog must ensure that the dog is under control at all times and must prevent the dog from wandering or remaining free in any public place.

7.2. Except as provided in Schedule 1 of this bylaw, the owner of any dog in any public place must secure the dog by an effective leash or similar which keeps the dog under continuous control.

7.3. Working dogs are exempt from clause 7.2 pursuant to the Dog Control Act 1996.

8. DOG EXERCISE AREAS

8.1. Dogs may be off a leash and free of restraint in areas described in Schedule 1 of this bylaw as off leash areas.

3 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

8.2. The owner of any dog off a leash and free of restraint must have continuous control of the dog and remain within the off leash dog area while the dog is off a leash and free of restraint.

9. PROHIBITED AREAS

9.1. Dogs are not allowed to enter any public place described in Schedule 1 of this bylaw as a prohibited area, whether under control or not.

10. TEMPORARY AREA RESTRICTIONS

10.1. The Chief Executive may establish temporary area restrictions from time to time, as considered necessary for the protection of wildlife.

10.2. A temporary area restriction may prohibit dogs from the described area or require dogs to be on a leash in the described area for the duration that the temporary area restriction is in place.

The Council will work with the Department of Conservation to identify areas for temporary restriction, and establish such restrictions. Temporary area restrictions will be identified by signs, provision of information, and any other means the Council considers appropriate.

11. EXEMPTIONS

11.1. A person may apply to the Chief Executive for a permit of exemption from requirements of clauses 7.2, 8.2, 9.1 and 10.2 for a period of time and subject to any conditions determined appropriate by the Chief Executive and specified on the permit.

12. REQUIREMENT TO NEUTER DOGS CLASSIFIED AS MENACING

12.1. Dogs registered within the district and classified as menacing by the Council must be neutered.

12.2. Dogs registered within the district and classified as menacing by deed by another territorial authority must be neutered.

4 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

12.3. Dogs registered within the district and classified as menacing by breed or type by another territorial authority must be neutered if the dog belongs wholly or predominantly to one or more breed or type of dog listed in schedule 4 of the Act.

13. DOGS FOULING PUBLIC PLACES

13.1. The owner or person in possession or control of a dog that defecates in a public place or on land or premises other than that occupied by the owner must immediately remove all faeces deposited by that dog and dispose of them in an appropriate manner.

14. IMPOUNDMENT OF DOGS

14.1. Any dog found at large in any place in breach of this bylaw whether or not the dog is wearing a collar having the proper label or disc attached, may be impounded.

15. ENFORCEMENT, OFFENCES AND PENALTIES

15.1. The Council may use its powers under the Dog Control Act 1996 and the Local Government Act 2002 to enforce this bylaw.

15.2. Every person who breaches this bylaw commits an offence.

15.3. Every person who commits an offence under this bylaw is liable to a penalty under the prevailing legislation.

16. FEES AND CHARGES

16.1. The Council may, in accordance with the Local Government Act 2002 and Dog Control Act 1996, prescribe fees or charges payable for any certificate, licence, approval, permit or consent form or inspection made by the Council under this bylaw.

16.2. The Council may prescribe fees or charges by resolution.

5 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Signed on Behalf of Thames-Coromandel District Council by;

______

District Mayor Date

______

Chief Executive Date

6 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

BYLAW HISTORY

Action Description Date of Council Effective Date Resolution

Made Adopted Part 10 Control of Dogs of Council's 25 August 2004 8 September 2004 Consolidated Bylaw 2004

Review Review of Part 10 Control of Dogs and 9 September 2009 21 September 2009 amendments made

Amendments Amendment to Schedule 2 and Schedule 3 8 December 2010 30 September 2015 relating to Onemana Beach

Review Review of Part 10 Control of Dogs Pending Pending [further description pending]

7 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

SCHEDULE 1: AREA RULES

Refer to clause 6 for definitions including for beach, playground, public place, reserve, and sports surface.

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) DISTRICT WIDE All beaches and parts of beaches, excluding areas described Off leash elsewhere in this schedule All public places excluding beaches and excluding other public On leash places described elsewhere in this schedule Within 5 metres of children's playgrounds Prohibited On sports surfaces Prohibited Defined areas as identified from time to time with temporary area Prohibited or on leash for the duration the temporary restriction and/or signs are in place restrictions and/or signs COROMANDEL-COLVILLE COMMUNITY BOARD AREA Big Sandy Bay - entire beach On leash. Off leash at all other dates and times Carey Road Beach - entire beach On leash Hannafords Bay - entire beach On leash. Off leash at all other dates and times Herds Bay - entire beach On leash. Off leash at all other dates and times Little Bay - entire beach On leash. Off leash at all other dates and times Little Sandy Bay - entire beach On leash. Off leash at all other dates and times

8 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) Long Bay - entire beach On leash. Off leash at all other dates and times Oamaru Bay - entire beach On leash. Off leash at all other dates and times Otautu Bay - entire beach On leash. Off leash at all other dates and times Patukirikiri Reserve - grassed area west of courts and skate bowl as Off leash indicated by signs Port Jackson Beach - the northern half of the beach from DOC Prohibited.On leash campground, as indicated by signs (rest of beach off leash at all at all other dates dates and times) and times Tucks Bay - entire beach On leash. Off leash at all other dates and times Waikawau Bay (east coast) - entire beach Prohibited Wyuna Bay - entire beach On leash. Off leash at all other dates and times MERCURY BAY COMMUNITY BOARD AREA Buffalo Beach and Brophys Beach - entire beaches Prohibited. Off leash at all other dates and times Cooks Beach - entire beach excluding the Purangi river flats from Prohibited. east side of playground to south side of boat ramp as indicated by Off leash at all other signs (river flats area off leash at all dates and times) dates and times Cooks Beach, Purangi Reserve - as indicated by signs Off leash

9 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) Flaxmill Bay and Front Beach - entire beaches Prohibited. Off leash at all other dates and times Hahei Beach - entire beach Prohibited. Off leash at all other dates and times Hot Water Beach north - area from the Domain Road car park Prohibited. (middle car park) to the most northern end of the beach as Off leash at all indicated by signs other dates and times Hot Water Beach south - area from the Domain Road car park Prohibited. (middle car park) to the most southern end of the beach as On leash at all other indicated by signs dates and times Kuaotunu - Rings Beach - entire beach excluding western end from Prohibited. west side of car park as indicated by signs (excluded area off leash Off leash at all other at all dates and times) dates and times Kuaotunu east - Kuaotunu Beach - entire beach excluding western Prohibited. end as indicated by signs (excluded area off leash at all dates and Off leash at all other times) dates and times Kuaotunu west - Grays Beach - entire beach excluding eastern end Prohibited. as indicated by signs (excluded area off leash at all dates and Off leash at all other times) dates and times Matapaua Beach - entire beach Prohibited. Off leash at all other dates and times Matarangi Beach - entire beach excluding northern spit area as Prohibited. indicated by signs Off leash at all other dates and times Matarangi Beach - northern spit adjacent to the gold course Prohibited excluding walkway as indicated by signs (walkway on leash at all dates and times)

10 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) New Chums Beach - entire beach Prohibited Matarangi - Omara Boat Ramp Reserve - area as indicated by signs Off leash Whangapoua - Opera Point southern spit - area including carpark Prohibited and beach area as indicated by signs Opito Bay Beach - entire beach excluding from the eastern boat Prohibited. launch area to the most eastern end as indicated by signs Off leash at all (excluded area off leash at all dates and times) other dates and times Otama Beach - entire beach excluding east of the stream opposite Prohibited. the Black Jack Road and Otama Beach Road intersection as Off leash at all indicated by signs (excluded area off leash at all dates and times) other dates and times Robinson Road Reserve, Whitianga - part of the reserve west of the Off leash Robinson Road and Arthur Street intersection, as indicated by signs Taputapuatea, Whitianga - area from Taputapuatea Stream to 200 Prohibited. metres north of the stream excluding walkway, as indicated by Off leash at all signs other dates and times Whangapoua Beach - entire beach excluding northern end from Prohibited. north-facing side of Mangakahia car park (near lagoon) as Off leash at all other indicated by signs dates and times Whangapoua Beach north - the north side of Mangakahia car park Prohibited (near lagoon) to the northern end of Whangapoua beach as indicated by signs Wharekaho Beach - entire beach excluding southern end from Prohibited. southern most walkway as indicated by signs Off leash at all other dates and times Wharekaho Beach south - the southern end from southern most Prohibited walkway as indicated by signs

11 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) TAIRUA-PAUANUI COMMUNITY BOARD AREA Pauanui - Pleasant Point Reserve - area south of the bollards to Off leash Ajax Head as indicated by signs Pauanui - South End Reserve - western side of South End Reserve Off leash as indicated by signs Pauanui Beach - area north of Pauanui Surf Club around the point Prohibited. to the north-east side of the boat ramp as indicated by signs (rest Off leash at all of beach off leash at all dates and times) other dates and times Tairua - Estuary Reserve - entire reserve east of Pepe Bridge Prohibited. Off leash at all other dates and times Tairua - Ocean Beach - entire main beach Prohibited. Off leash at all other dates and times Tairua - Sailors Grave also known as Te Karo Bay - entire beach Prohibited. Off leash at all other dates and times THAMES COMMUNITY BOARD AREA Burke Street Beachfront - entire beach On leash Burke Street Beachfront Reserve - the grassed reserve area on the Off leash eastern side of the walkway as indicated by signs (the walkway is on leash) Kuranui Bay - entire beach and reserve On leash Little Waikawau (west coast) - entire beach Prohibited. On leash at all other dates and times Ngarimu Bay Beach - entire beach On leash. Off leash at all other dates and times

12 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) Ruamahunga Bay Beach - entire beach On leash. Off leash at all other dates and times Tapu Beach - entire beach and spit Prohibited. Off leash at all other dates and times Tararu Beach - entire beach On leash. Off leash at all other dates and times Te Mata Beach and Little Te Mata beach excluding Te Mata Point Prohibited. (Te Mata Point is off leash at all dates and times) Off leash at all other dates and times Te Puru Beach - entire beach On leash. Off leash at all other dates and times Thornton Bay Beach - entire beach On leash. Off leash at all other dates and times Waiomu Bay Beach - entire beach On leash. Off leash at all other dates and times Whakatete Bay Beach - entire beach On leash. Off leash at all other dates and times

13 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw

Rules at all dates and times Rules at certain dates and/or certain times On leash and Prohibited at all Off leash but From Labour weekend From 20 December to 31 AREA AND DESCRIPTION under control at dates and times under control at to 1 March at all times January and all holiday all dates and all dates and (inclusive) weekends, between times times 9am and 6pm (inclusive) WHANGAMATA COMMUNITY BOARD AREA Onemana Beach - south of Castle Rock as indicated by signs Prohibited. On leash at all other dates and times Opoutere Beach - entire beach excluding southern end as indicated On leash by signs Opoutere Beach south - Sandspit and Wharekawa Estuary from Prohibited southern most access point including bush as indicated by signs Opoutere - between the car park and main beach access north as Off leash indicated by signs (dogs are prohibited to the south) Whangamata - Heatherington Road Reserve Off leash Whangamata - Park Avenue Reserve as indicated by signs Off leash Whangamata - Patiki Bay Reserve area located at the end of Off leash Durrant Drive and the adjoining reserve as indicated by signs Whangamata Beach - from beach access 18 north to the marina Prohibited. Off leash at all other dates and times Whangamata Beach - Otahu Estuary from beach access 18 to Prohibited. beach access 20 Off leash at all other dates and times

14 Thames-Coromandel District Council - Statement of Proposal - Proposed Dog Control Bylaw