Bylaws

You are here > Home > Council Documents > Bylaws > Part 5 Dog Control

Part 5 Dog Control

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

The council is empowered by the Dog Control Act 1996, the Local Government Act 2002 and the Health Act 1956 to make bylaws to:

• Conserve public health and prevent or abate nuisances;
• Regulate and control dogs in Public Places;
• Prescribe minimum standards for the accommodation of dogs;
• Require the Owner of any dog that defecates in a Public Place to immediately remove the faeces;
• Provide for the impounding of dogs;
• Provide for any other purpose necessary or desirable to further the control of dogs.

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 this consolidated bylaw.

Obligations of Dog Owners

Section 5 of the Dog Control Act 1996 sets out the obligations for dog owners which in summary relate to ensuring the dog:

• Is registered.
• Is under control at all times.
• Has proper care, attention, food, water and shelter.
• Has adequate exercise.
• Does not cause a nuisance.
• Does not injure, endanger, intimidate or distress any person.
• Does not injure, endanger or distress animals.
• Does not damage or endanger property.

Enforcement

Failure of the dog Owner to comply with the bylaws 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.

Return to top

Advice Notes

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.

1.0 Application
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 – they are subject to the provisions of this bylaw.

2.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 of the Consolidated Bylaws 2000 (Introductory) and if this part of the bylaw is inconsistent with Part 1 then the provisions of this part of the bylaw shall prevail.

COMPANION DOG means a dog certified by the Top Dog Companion Trust as being a companion dog or a dog under training as a companion dog.

CONTINUOUS CONTROL means under the continuous control of a person (either under 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 a nuisance or annoyance.

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.

GUIDE DOG means a dog certified by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog.

HEARING EAR DOG means a dog certified by Hearing Dogs for Deaf People New Zealand Trust as being a hearing ear dog or a dog under training as a hearing ear dog.
Return to top

HOUSEHOLD UNIT means any group of people which occupy part of a property exclusively.

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
a) Means a place that, at any material time, is 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.

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.

3.0 Accommodation for Dogs
3.1 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.
Return to top

4.0 Prohibited (Banned) Areas for Dogs – Public Places
Note: the prohibited areas are illustrated on the diagrams appended to this bylaw.

4.1 Subclause 4.2 shall not apply to:
a) any Guide Dog or Hearing Ear Dog, Companion 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 and securely confined within or on any vehicle so as not to constitute a nuisance or endanger any person.

4.2 Dogs are prohibited from the following areas:
a) New Plymouth Central Business Area
All Public Places within the area bounded by and including:

• Ariki Street and Gill Street between Egmont Street and Gover Street.
• Devon Street between Robe Street and Gover Street.
• Egmont Street from Ariki Street to Devon Street.

This subclause 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 Urenui River and the adjoining foreshore and beach, but excluding the areas leased by the Golf Club.
(iv) Onaero Domain and adjoining beach
All the Onaero Domain including the campground, baches and domain area on both sides of Onaero River and the adjoining foreshore and beach.
Return to top

c) Beaches – ban during daylight savings
(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. The restriction shall apply from
9am to 6pm daily during the period of daylight saving for New Zealand.
(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 Rd. The restriction shall apply from 9am to 6pm 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 playground area, the Fernery, and Brooklands Zoological enclosure
Note: all other parts of Pukekura Park, Brooklands Park and gardens are a Leashed Control area at all times under subclause 5.2 of this bylaw).
(ii) Barrett Domain
The pond water and wetland areas and the wetland areas around the lagoon.
(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.
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 subclause shall not apply to any dog on a leash being led directly through a playground.

f) Sports Events
That part of a sports ground being used during an organised sporting event undertaken by a recognised club, school or organisation.
Return to top

5.0 Leashed Control Areas for Dogs (Dogs on Leads)
Note: the Leashed Control areas are illustrated on the diagrams appended to this bylaw.

5.1 Subclause 5.2 shall not apply to:
a) any Guide Dog or Hearing Ear Dog, Companion 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 and securely confined within or on any vehicle so as not to constitute a nuisance or endanger any person.

5.2 Dogs shall be kept under leashed control whilst 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 4.2(c)(i).
(ii) Liardet St
The road and formed footpath on both sides of Liardet St 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 St.
(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 (Waiwhakaiho) side of the Te Henui Stream foot bridge, including 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 areas.
Note: specific prohibitions apply to playgrounds – refer to clause 4.2(d).
(iv) Puke Ariki Landing
All of that area of land contained within Puke Ariki Landing; that is, the area of land bounded by St Aubyn Street, Ariki Street, the Puke Ariki Museum building and the Huatoki Stream.
(v) 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).
(vi) Fitzroy Shopping Area
The road and formed footpath on both sides of Devon St East from its intersection with Beach St through to its intersection with Darnell St.
(vii) Moturoa Shopping Area
The road and formed footpath on both sides of Breakwater Rd and St Aubyn St from the eastern end of the building located at 486 St Aubyn St to the western side of the property located at 7 Breakwater Rd.
Note: at the time of drafting, 486 St Aubyn St is occupied by the TSB Bank and 7 Breakwater Road by a Service Station.
(viii) Westown Shopping Area
The road and formed footpath on the southern side of Tukapa St in front of the commercial premises (ie: from the eastern side of the commercial building at 37 Tukapa St to the western side of the property at 63 Tukapa St).
Note: at the time of drafting, 63 Tukapa St is occupied by the TSB Bank.
Return to top

b) Bell Block
(i) Bell Block Shopping Area
That area of formed footpath in front of the commercial premises on the northern side of Devon St from the east side of Nugent St to and including the formed car park adjoining the commercial area.
(ii) Bell Block Beach
The Bell Block foreshore, beach and reserve at the end of Mangati Rd, located between and including the toilet block and picnic area to the west, and the beach access ramp to the east.
The restriction shall apply from 9am to 6pm 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.

c) Waitara
(i) Waitara Main Shopping Area
The road, verge and formed footpath on both sides of McLean St from Browne St to West Quay and Queen St from Whittaker St 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 St from its intersection with Standish St to its intersection with Brown St, and Matai St from its intersection with Brookes Street to its intersection with Rata St.

e) Oakura
(i) Oakura Shopping Area
The road, verge and formed footpath on both sides of State Highway 45 from its intersection with Dixon St to its intersection with The Outlook.
(ii) 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.

f) Okato
(i) Okato Shopping Area
The road, verge and formed footpaths from the roundabout on the corner of South Rd and Carthew St through to the corner of Gossling St and Carthew St.
g) Tongaporutu Domain
All the Tongaporutu Domain area seaward of the State Highway 3 bridge.
Return to top

6.0 Temporary lifting of controls
6.1 The council may from time to time temporarily uplift a prohibition or leash control area for a specified period of time.

6.2 Any person who wishes the council to temporarily uplift a prohibition or leash control area shall apply to the council, 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.

7.0 Nuisances
7.1 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.

7.2 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 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.

8.0 Control of Dogs
8.1 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 Leashed 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.
Return to top

9.0 Limitation on Number of Dogs – Urban Areas
9.1 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.

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

9.3 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.

9.4 In considering whether consent should be granted, the council 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 created by 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 the council considers appropriate.

10.0 Removal of Faeces
10.1 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

11.0 Impounding
11.1 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 these bylaws.

• Dog Control Bylaw part 2 - maps (1.7MB PDF)
• Dog Control Bylaw part 3 - maps (1.8MB PDF)

Return to top