Dog Control Bylaw 2016 - Te Ture a-Rohe mō ngā Kaupapa Kurī

The bylaw can be viewed below:

1. TITLE

1.1. This bylaw is the Thames-Coromandel District Council Dog Control Bylaw 2016.

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 and native wildlife.

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.

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 1 August 2016.

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.

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.

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.

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.

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.

 *For Schedule A of the Bylaw (Area Rules) refer to the download document or the summaries below.

Download the Dog Control Bylaw

The full Dog Control Bylaw can also be downloaded by clicking on the link at the bottom of the page.

To make the local rules easier to understand, we have developed these summaries by Community Board area.

Summaries by Area

  • Mercury-Bay-Dog-rules(PDF, 287KB) - Brophys/Ōhuka Beach, Buffalo Beach, Cooks Beach, Hāhei Beach, Hot Water Beach, Kūaotunu, Rings Beach, Matarangi, Ōpito Bay, Ōtama Beach, Wainuiototo/New Chum Beach, Whangapoua Beach, Wharekaho
  • Tairua-Pāuanui-Dog-Rules(PDF, 278KB) - Pāuanui Ocean Beach, Tairua Harbour Estuary, Tairua Ocean Beach, Otara Bay, Boat Harbour Beach
  • Thames-Dog-Rules(PDF, 279KB)  - Burke Street Beach, Burke Street Reserve, Kuranui Bay, Little Waikawau (west coast), Ngārimu Bay, Ruamāhunga Bay, Tapu, Tararū, Te Mātā, Te Puru, Thornton Bay, Waiomu Bay, Whakatete Bay
  • Whangamatā-Dog-Rules(PDF, 279KB) - Onemana Beach, Ōpoutere Beach, Heatherington Road Reserve, Park Avenue Reserve, Patiki Bay Reserve, Whangamatā Beach, Ōtahu Estuary

 

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