Dog Policy and Control of Dogs Bylaw Review

Policies act as a set of guidelines or principles and offer a framework for decision-making, while bylaws consist of local rules and regulations with the force of the law.

We must have a Policy and Bylaw under the Dog Control Act 1996 (the Act).

The Policy and Bylaw require dog owners meet their obligations under the Act. When reviewing the Policy and Bylaw, Council must consider:

• the need to minimise danger, distress, and nuisance to the community generally;
• 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;
• 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
• the exercise and recreational needs of dogs and their owners.

The Policy needs to be reviewed every five years and the Bylaw is being reviewed alongside it to ensure they remain consistent with one another. The Policy and Bylaw were last reviewed in 2018. There has been an increase in dog ownership over the past few years, especially following the COVID-19 pandemic. This growth means we need to assess whether our dog exercise areas meet current and future demand. It is also an opportunity to check the policy is still relevant and effective for our district.

Our Policy covers

• access to public places,
• dog exercise areas
• information about registration fees and how they are set,
• responsible dog owner status,
• microchipping,
• menacing and dangerous dogs,
• dog limitations,
• education,
• enforcement,
• and probationary and disqualified owners.

The Bylaw covers:

• general dog control requirements,
• shelter requirements,
• access to public places,
• health and welfare,
• unmanageable dogs,
• limitation on the number of dogs to be kept,
• and dog fouling in public places.

Dog registration fees are set in accordance with the Council’s Revenue and Financing Policy, and set as part of the Council’s Fees and Charges adopted alongside the Annual Plan or Long Term Plan.

Registration fees are used to fund dog-related services set out in the Policy, Bylaw, and Act, such as dealing with dog attacks, barking, roaming and other complaints. They provide funds for:

• Responding to reports of uncontrolled dogs
• Receiving and caring for abandoned and impounded dogs
• Monitoring and enforcing the dog control bylaw and policy
• Implementing the Dog Control Act 1996
• Promoting better care and control of animals
• Taking action against owners of unregistered and uncontrolled dogs
• Providing information and education to local schools and communities
• Maintaining dog exercise areas
• Helping to fund construction of new animal shelter

One of our key proposed changes is to clarify that exercising dogs from a motor vehicle means the dog is not under control.

A motor vehicle as defined by the Land Transport Act 1998 generally includes any vehicle drawn or propelled by mechanical power—such as cars, trucks, motorcycles, buses, and trailers. Pedestrian powered devices (standard bicycles, skateboards, and in-line skates) are not considered a motor vehicle.

The Act also excludes mobility devices (e.g., motorised wheelchairs) and the following have been declared not to be a motor vehicle: low-powered power-assisted cycles (e.g., certain e-bikes under 300W), and small recreational vehicles like low-powered electric scooters.