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Bylaw 2010: Part 2 Dog Control

The purpose of this part of the bylaw is to regulate the keeping of dogs for the protection of the health and safety of the public.

1. Authority

1.1 This part is made under sections 5 and 20 of the Dog Control Act 1996.
1.2 Section 5 of the Dog Control Act 1996 sets out the obligations for dog owners which in summary relate to ensuring the dog:

a) Is registered.
b) Is under control at all times.
c) Has proper care, attention, food, water and shelter.
d) Has adequate exercise.
e) Does not cause a nuisance.
f) Does not injure, endanger, intimidate or distress any person.
g) Does not injure, endanger or distress animals.
h) Does not damage or endanger property.

Obligations of dog owners
1.3 Failure of the dog owner to comply with the bylaw authorised under section 20 of the Dog Control Act 1996 will result in further action being undertaken by a Dog Control Officer or Dog Ranger in accordance with the provisions of the Dog Control Act 1996. This may be by way of issue of infringement notice, abatement notice, summary proceedings and may include seizure and impounding of the dog.

Enforcement
1.4 Welfare of dogs. Where vehicles are driven into or through banned areas and dogs are therefore not allowed out of vehicles, consideration should be given to the welfare of dogs left in vehicles and whether it would be more appropriate to leave the dog(s) at home.

2. Purpose

2.1 The purpose of this part of the bylaw is to regulate the keeping of dogs for the protection of the health and safety of the public.

2.2 The Council is empowered by the Dog Control Act 1996 to make bylaws to:
a) Conserve public health and prevent or abate nuisances.
b) Regulate and control dogs in public places.
c) Prescribe minimum standards for the accommodation of dogs;
d) Require the owner of any dog that defecates in a public place to immediately remove the faeces.
e) Provide for the impounding of dogs.
f) Provide for any other purpose necessary or desirable to further the control of dogs.

2.3 This part of the bylaw aims to achieve these purposes and should be read in conjunction with the Dog Control Act 1996 and the other parts of the New Plymouth District Council Bylaw 2010.

3. Application of this part

3.1 This part of the bylaw does not apply to land administered by the Department of Conservation. The Reserves Act 1977*, the National Parks Act 1980, the Wildlife Act 1953 and the Conservation Act 1987
have their own dog control provisions and the Department of Conservation administers these provisions in regard to land under their control.

*To avoid any uncertainty and for the sake of completeness, this exemption does not apply to reserves administered by the New Plymouth District Council and managed under the Reserves Act 1977. These reserves are subject to the provisions of this bylaw.

4. Interpretation

4.1 This part shall be in addition to the provisions of Part 1 Introductory of the New Plymouth District Bylaw 2008 and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.
4.2 In this part unless the context otherwise requires:

Continuous control means under the continuous control of a person (either leashed control or command control by voice, signal, whistle or other similar means) who is in fact controlling the dog so as to prevent it being an annoyance or nuisance.

Dog Control Officer means a Dog Control Officer appointed under Section 11 of the Dog Control Act 1996 and includes a warranted officer exercising powers under section 17 of this Act.

Dog Ranger means a Dog Ranger appointed under Section 12 of the Dog Control Act 1996 and includes an honorary Dog Ranger.

Disability assist dog means a dog certified by one of the following organisations as being a dog trained to assist (or as being a dog in training to assist) a person with a disability:

a) Hearing Dogs for Deaf People New Zealand.
b) Mobility Assistance Dogs Trust.
c) New Zealand Epilepsy Assist Dogs Trust.
d) Royal New Zealand Foundation of the Blind.
e) Top Dog Companion Trust.
f) An organisation specified in an Order in Council made under section 78D of the Dog Control Act 1996.
Leashed control means that the dog is kept on a secure leash held by a person who is in total control of the dog at all times so as to prevent it being a nuisance or annoyance.

Owner - in relation to any dog, means every person who:
a) Owns the dog; or
b) Has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
c) The parent or guardian of a person under the age of 16 years who:
i) Is the owner of the dog pursuant to paragraph (a) or paragraph (b) of this definition; and
ii) Is a member of the parent or guardian’s household living with and dependent on the parent or guardian;
but does not include any person who has seized or taken custody of the dog under the Dog Control Act 1996; or the Animal Welfare Act 1999; or the National Parks Act 1980; or the Conservation Act 1987; or any Order made under the Dog Control Act 1996 or the Animal Welfare Act 1999.

Public place means a place that:
a) Is at any material time, open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and
b) Includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.

Under Control means under command control of a person (by voice, signal, whistle or other similar means) who is in fact controlling the dog so as to prevent it being an annoyance or a nuisance.

Urban area means any property that is rated as commercial or industrial (Differential Rating Group 1) or as residential (Differential Rating Group 2) by the New Plymouth District Council.

5. Accommodation for dogs

5.1 The owner of any dog shall provide for it a kennel or some other place of shelter that shall, as a minimum, be:
a) Weather proof.
b) Constructed on dry ground.
c) Provided with a floor and constructed so that surfaces are easily cleaned.
d) Of sufficient size to allow the dog to freely move, stretch out, and recline.
e) Of sufficient height so that the dog may stand freely.
f) Constructed so that when the dog is confined it is allowed a reasonable degree of free movement.
g) Kept in a clean, dry and sanitary condition.
h) Provided with clean water.
i) Situated no closer than one metre from the boundary and in such a position that when the dog is confined, it cannot get closer than one metre to the boundary of any adjoining property.

6. Prohibited (banned) areas for dogs – public places

Note: The prohibited areas are illustrated on the diagrams appended to this bylaw.

6.1 Clause 6.2 shall not apply to:
a) Any disability assist dog, or any dog kept by the Police or any Constable, the Customs Department, the Ministry of Defence, or any Officer or Employee of any such Department of State solely for the purposes of carrying out the functions, powers, and duties in that capacity; and
b) Any dog contained or securely confined within or on any vehicle so as not to constitute a nuisance or endanger any person.

6.2 The Council may from time to time by resolution publicly notify and specify the areas where dogs are prohibited. Dogs are prohibited from the following areas:
a) New Plymouth Central Business Area

All Public Places within the area bounded by and including:
i) Ariki Street and Gill Street between Egmont Street and Gover Street.
ii) Devon Street between Robe Street and Gover Street.
iii) Egmont Street from Ariki Street to Devon Street.
iv) Puke Ariki Landing

This clause shall not apply to any dog being led directly along Liardet Street, or to any dog registered at a residential address in the New Plymouth Central Business Area being led directly out of the area, provided that the dog is on a leash and does not constitute a nuisance or endanger any person.

b) Beaches – total ban
i) Ngamotu Beach and Reserve
That area of the Ngamotu Beach (the foreshore and beach, reserve and playground area) located between
the eastern side of the Blyde Wharf reclamation area and the western side of the industrial reclamation
area, inclusive of all land on the seaward side of Ocean View Parade in or between this area.
ii) Fitzroy Seaside Park
Fitzroy Seaside Park paddling pool and enclosure and the playground area to the east of the pool.
iii) Urenui Domain and beach
All the domain area on the northern side of the Urenu River and the adjoining foreshore and beach, but
excluding the areas leased by the Golf Club.
c) Beaches – ban during daylight saving hours
i) Fitzroy and East End beaches
That part of the foreshore and beach of Fitzroy and East End beaches in the area between imaginary lines drawn directly to the sea from the western (city) end of the East End Surf Life Saving Club building and the eastern (Waiwhakaiho) end of the Fitzroy Surf Life Saving Club building.

ii) Oakura Beach
The foreshore and beach in the area between imaginary lines drawn directly to the sea from the eastern side of the vehicle entrance to the motor camp and from the western side of the end of Wairau Road.
iii) Oakura River/Corbett Park
That area of the Oakura River, beach, foreshore and adjoining land, bounded by the State Highway 45 road
bridge, the true left bank of the river (Oakura village side), the eastern edge of the formed vehicle access
through Corbett Park on the east side of the river (New Plymouth side) and an imaginary line drawn across the
river in a line contiguous with and parallel to the seaward side of the building housing the Changing Rooms/Public toilets.
iv) Onaero Domain and adjoining beach
All the Onaero domain (except the area occupied by the baches) including the campground on both sides
of the Onaero river adjoining the beach and foreshore, Note: The restriction prohibition shall apply from 9.00am to 6.00pm daily during the period of daylight saving for New Zealand Note: Dogs may be exercised at large or be present at all other times, providing the dog(s) is kept under continuous control.

d) Parks and reserves
i) Pukekura Park/Brooklands Park
Pukekura Park playgrounds near Rogan Street and Gilbert Street intersecting Victoria Road, the Fernery
and Brooklands Zoological enclosure.
Pukekura Park in the areas used for the Festival of Lights lighting display and its associated events, or
other organised event programmes. The ban shall only apply for the duration of the lighting display
and/or event between the hours of 7pm and midnight. Note: all other parts of Pukekura Park, Brooklands
Park and gardens are a leashed control area at all times under clause 7.2 of this bylaw.
ii) Barrett Domain
The pond water and wetland areas and the wetland areas around the lagoon, with the exception of the
access route from Rotokare Crescent/Kororako Grove (which is a leash control area).
iii) Lake Rotomanu
The island in the middle of Lake Rotomanu.
iv) Lake Mangamahoe
Lake Mangamahoe and the land area 200 metres from the waters edge.
v) Egmont National Park
All areas of road reserve within the boundaries of the Egmont National Park including the area between Egmont Road (Rahiri Cottage) to Egmont Camp House).

Note: Dogs are banned from the Egmont National Park under the National Parks Act 1980, administered by the Department of Conservation.

e) New Plymouth District Council playgrounds
Any area set aside as a children’s play area by the New Plymouth District Council, for the recreation of children, that includes play equipment for this purpose.

With the exception of Pukekura Park Playground from which dogs are completely banned, this clause shall not apply to any dog on a leash being led directly through a playground avoiding play equipment and it’s associated under surfacing.Return to top

7. Leashed control areas for dogs (dogs on leads)

Note: The leashed control areas are illustrated on the diagrams appended to this bylaw.
7.1 Clause 7.2 shall not apply to:
a) Any disability assist dog, or any dog kept by the Police or any Constable, the Customs Department, the Ministry of Defence, or any Officer or Employee of any such Department of State solely for the purposes of carrying out the functions, powers, and duties in that capacity; and
b) Any dog contained or securely confined within or on any vehicle so as not to constitute a nuisance or endanger any person.

7.2 The Council may from time to time by resolution publicly notify and specify the areas where dogs are prohibited or to be leashed. Dogs are required to be leashed in the following areas:
a) New Plymouth
i) Pukekura Park/Brooklands Park
Within the boundaries of Pukekura Park, Brooklands Park and gardens (excluding the prohibited areas
comprising Pukekura Park playground, the Fernery and Brooklands Zoological enclosure).
Note: Prohibited areas – refer to clause 6.2.

ii) Liardet Street
The road and formed footpath on both sides of Liardet Street from the southern (Pukekura Park) side of the
intersection between Liardet and Leach streets to the northern (sea) side of the intersection between Liardet
and Molesworth streets/St Aubyn Street.
iii) New Plymouth Coastal Walkway

The formed walkway area, the rock embankment and the grassed area adjoining the walkway from the
western end of the formed car park in Kawaroa Park to the eastern end start of the walkway at Lee
Breakwater car park, Port Taranaki to the eastern end of the formed walkway at Ellesmere Ave, Bell Block,
including the Waiwhakaiho River Mouth car park, the Fitzroy camping site, the Buller Street car park, the
Molesworth Street car park, the Wind Wand car park at the seaward end of Egmont Street and all of that
part of Kawaroa Park seaward of the access road, including the road and car park.

v) Peringa Park/Lake Rotomanu wetlands area
Within the boundaries of the fenced wetland area located on the western side of Lake Rotomanu
including the walkway linking with Weka Street.
Note: Specific prohibitions apply to playgrounds – refer to clause 6.2(e).

vi) Lee Breakwater
From the edge of the car park leaving the formed area of the walkway for the entire length of the breakwater
of the Port Area.

vii) Te Henui Walkway
That part of the Te Henui walkway located between the lower foot bridge (nearest to the mouth of the Te
Henui Stream) and the overhead motor vehicle bridge on Devon Street East, New Plymouth.
This subclause applies to the paved and unsealed walkway, adjoining grassed areas and the Te Henui Stream itself, located between these two points.
Note: specific prohibitions apply to playgrounds – refer to clause 4.2(d).

viii) Fitzroy Shopping Area
The road and formed footpath on both sides of Devon Street East from its intersection with Beach Street
through to its intersection with Darnell Street

ix) Moturoa Shopping Area
The road and formed footpath on both sides of Breakwater Road and St Aubyn Street from the
eastern end of the building located at 486 St Aubyn Street to the western side of the property located at 7
Breakwater Road.
Note: at the time of drafting, 486 St Aubyn Street is occupied by the TSB Bank and 7 Breakwater Road by
a Service Station.

x) Westown Shopping Area
The road and formed footpath on the southern side of Tukapa Street in front of the commercial premises (i.e.
from the eastern side of the commercial building at 37 Tukapa Street to the western side of the property at
63 Tukapa Street).
Note: At the time of drafting, 63 Tukapa Street is occupied by the TSB Bank.

b) Bell Block

i) Bell Block shopping area
That area of formed footpath in front of the commercial premises on the northern side of the former Devon
Road from the east side of Nugent Street to, and including, the formed car park adjoining the
commercial area

c) Waitara

i) Waitara main shopping area
The road, verge and formed footpath on both sides of McLean Street from Brown Street to West Quay and
Queen Street from Whittaker Street to the south side of the Waitara Library and Service Centre.

d) Inglewood

i) Inglewood shopping area
The road, verge and formed footpath on both sides of Rata Street from its intersection with Standish Street to
its intersection with Brown Street and Matai Street from its intersection with Brookes Street to its
intersection with Rata Street.

e) Oakura

i) Oakura shopping area
The road, verge and formed footpath on both sides of State Highway 45 from its intersection with Dixon
Street to its intersection with The Outlook.

f) Okato
i) Okato shopping area
The road, verge and formed footpaths from the roundabout on the corner of South Road and Carthew
Street through to the corner of Gossling Street and Carthew Street.

g) Beaches
i) Tongaporutu Domain
All the Tongaporutu Domain area seaward of the State Highway 3 bridge.

h) Beaches (leash control area between August and April (animal breeding and nesting period)

j) Bell Block beach
The Bell Block foreshore, beach and reserve at the end of Mangati Road, located between and including the
toilet block and picnic area to the west, and the beach access ramp to the east.

ii) Waiiti Beach

iii) Tapuae Marine Reserve
The area between the Tapuae stream boundary to the Herekawe stream boundary.

iv) Parininihi Marine Reserve
The area between the Waipingau Stream to the Clifton Road boundary.
i) Public Cemeteries and Crematorium
i) The area of land defined as the Taranaki Crematorium.
ii) Dogs are permitted inside the Taranaki Crematorium building subject to approval from an authorised officer.
j) Sports parks
That part of a sports park being used during an organised event undertaken by a recognised club, school or
organisation.

8. Dogs allowed within certain prohibited areas

8.1 With the exception of Pukekura Park playground from which dogs are completely banned, dogs are permitted to be led on a leash directly through a playground in order to get to a designated area, avoiding
play equipment and it’s associated under surfacing.

8.2 Dogs are permitted to be led directly into or out of Liardet Street, or to a residential address in the New Plymouth Central Business Area, provided that the dog is on a leash and does not constitute a nuisance
or endanger any person (leash control area).

9. Temporary lifting of controls

9.1 The Council or a Dog Control Officer may from time to time temporarily uplift a prohibition or leash control area for a specified period of time.
9.2 Any person who wishes to temporarily uplift a prohibition or leash control area shall apply, in writing, at least two weeks prior to the date of the event and such application shall be accompanied by an appropriate administration fee as set by the council from time to time.Return to top

10. Nuisances

10.1 The owner of every bitch shall ensure that it is adequately confined on their property whilst the bitch is in season and, when taken from the property for any reason, kept under leashed control at all times.

10.2 The owner of every dog shall ensure that the dog does not create a nuisance including, without limitation, by:
a) Obstructing the lawful passage of any person in a public place or on private property.
b) Rushing at, chasing, frightening, intimidating or causing any person in a public place or lawfully on private property to suffer injury or distress.
c) Destroying, tearing or otherwise interfering with any refuse container, whether the container is on private property or in a public place.
d) Interfering with any persons property, whether on private property (other than the owners) or in a public place.
e) Rushing at, chasing, frightening, obstructing or causing injury or distress to any stock, poultry, domestic animal or protected wildlife, whether on private property (other than the owners) or in a public place.
f) Barking, howling and/or whining in a persistent and loud manner.
g) Rushing at any vehicle.

11. Control of dogs

11.1 Every owner shall ensure that any dog they are responsible for:
a) Is not permitted to roam or be at large in any public place unless such dog is under continuous control or leased control.

b) Is not permitted to roam or be at large on any land or premises, without the consent (express or implied) of the occupier or person in charge of that land or premises.

12. Limitation on number of dogs – urban areas

12.1 Except with the specific written consent of the Council, the maximum number of dogs over the age of three months kept within or by any household unit located within an urban area shall not exceed two (2)
per individual household unit.

12.2 Owners or occupiers who wish to obtain consent to keep more than two dogs shall apply, in writing, and such application shall be accompanied by an appropriate administration fee as set by the Council from time to time.

12.3 An application to keep more than two dogs shall include:
a) A statement of how the dogs will be housed, exercised, and confined to the property and other general control measures to ensure the prevention of nuisance; and
b) Identification of those persons who could be affected by the proposal, and the results of the consultation that has taken place with those persons.

12.4 In considering whether consent should be granted, the council or a
Dog Control Officer shall have regard to:
a) The adequacy of the housing that will be provided, provision for exercise, and measures for confining the dog on the property;

b) The likelihood of noise, waste or other nuisance being createdby keeping of the additional animals;

c) The views of other adjoining property owners and occupiers;

d) The past history of adequacy of the owner or person in charge of the dog to prevent nuisances occurring. This shall include any history of complaint or noise, faecal deposit, wandering or threatening behaviour of dogs previously kept by the owner, including any impounding records; and

e) The needs or otherwise of additional dogs to be kept.Any consent issued may be subject to such terms, conditions and restrictions as is considered appropriate

13. Removal of faeces

13.1 The owner of any dog that defecates in a public place or on land or premises other than that occupied by the owner shall immediately remove the faeces from that place and dispose of it in a sanitary manner into a suitable receptacle.

14. Impounding

14.1 A Dog Control Officer, Dog Ranger or constable may impound a dog, whether or not it is wearing a collar displaying the proper registration, found at large in breach of any provisions of this bylaw.

Dog Control Maps

Note:
a) In addition to the areas identified in these maps, prohibitions apply to children’s playgrounds and
sports grounds – refer clauses 6(e) and (f).
b) On these maps, the ● for children’s playgrounds indicates the general location of the playground,
not the extent.

Return to top

New Plymouth

New Plymouth Central Business Area

New Plymouth CBD map.

Pukekura Park / Brooklands Park
Pukekura Park and Brooklands map.

New Plymouth Coastal Walkway

Coastal Walkway map.

Coastal Walkway Bell Block.

Fitzroy and East End Beach Areas, Fitzroy Seaside Park and Te Henui Walkway

Te henui map.
Ngamotu Beach Area

Ngamotu Beach map.
Fitzroy Shopping Area
Fitzroy map.

Moturoa Shopping Area
Motoroa map.

Westown Shopping Area

Westown map.

Barrett Domain

Barrett Domain map.

Lake Rotomanu / Peringa Park Wetlands

Lake Rotomanu map.

Lake Mangamahoe

Lake Mangamahoe map.

Bell Block

Bell Block Shopping Area – Devon Road

Bell Block.

Bell Block Beach

Bell Block beach.

Waitara

Waitara Main Shopping Area

Waitara.

Inglewood

Inglewood Shopping Area

Inglewood shopping area map.

Oakura

Oakura Shopping Area

Oakura map.

Oakura Beach

Oakura Beach map.

Oakura River and Corbett Park

Oakura river map.

Okato

Okato Shopping Area

Okato map.

Onaero

Onaero Domain and Adjoining Beach Area
Onaero map.

Tongaporutu

Tongaporutu Domain

Tongaporutu map.

Urenui

Urenui Domain and Adjoining Beach Area

Urenui map.

Egmont National Park

Note. Dogs are banned from the Egmont National Park under the National Parks Act 1980, administered
by the Department of Conservation.

Egmont National park.