Notice of Meeting:

I hereby give notice that an ordinary meeting of the Bylaws Subcommittee will be held on:


Date:                             Tuesday 14 March 2017 and Wednesday 15 March 2017

Time:                            9.00 am

Venue:                          Edinburgh Room, Municipal Chambers, The Octagon, Dunedin


Sue Bidrose

Chief Executive Officer


Bylaws Subcommittee






Andrew Whiley



David Benson-Pope

Conrad Stedman


Senior Officer                               Kristy Rusher, Manager Civic and Legal


Governance Support Officer      Pam Jordan




Pam Jordan

Governance Support Officer



Telephone: 03 477 4000








Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.


Bylaws Subcommittee

14 March 2017




ITEM TABLE OF CONTENTS                                                                   PAGE


1        Apologies                                                                                                  4

2        Confirmation of Agenda                                                                              4

3        Declaration of Interest                                                                                5     


4          Proposed Reserves and Beaches Bylaw - Summary of Submissions                     9              



Bylaws Subcommittee

14 March 2017




1     Apologies

At the close of the agenda no apologies had been received.

2     Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

Bylaws Subcommittee

14 March 2017



Declaration of Interest





1.     Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.


2.     Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.



That the Committee:

a)     Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)     Confirms/Amends the proposed management plan for Elected Members' Interests.








Declaration of Interest as at 8 March 2017



Bylaws Subcommittee

14 March 2017



PDF Creator

Bylaws Subcommittee

14 March 2017



PDF Creator


Bylaws Subcommittee

14 March 2017





Proposed Reserves and Beaches Bylaw - Summary of Submissions

Department: Parks and Recreation






1      The proposed Reserves and Beaches Bylaw 2017 went out for public consultation on 9 January 2017. Four hundred and thirty three submissions were received and 80 submitters have requested to speak at the submissions hearing.

2      This report summarises the details of the submissions for consideration by the Hearings Subcommittee.



That the Committee:

a)     Considers this report and submissions on the proposed Reserves and Beaches Bylaw 2017;

b)     Recommends to Council the final form of the Reserves and Beaches Bylaw 2017 for adoption, incorporating any changes following consideration of submissions and hearings.






3      The Council has legislative requirements and obligations to administer and protect our reserves, beaches and environment. Managing user groups with different expectations requires a number of aspects to be considered.

4      Council resolved in December 2016 to commence public consultation on a draft Reserves and Beaches Bylaw (the Bylaw). The draft Bylaw proposes to permit and/or restrict various activities on reserves and beaches.




5      From 9 January to 10 February 2017, 433 submissions were received on the draft Bylaw, and a summary of the feedback is included as Attachment A.

6      The draft Bylaw proposes user restrictions in some areas to reduce conflicts in use by managing spaces for a range of users.  Some user groups have not agreed with this approach. Submissions highlight that the proposed Bylaw requires some minor clarification and adjustments to meet the needs of reserve users and the wider community. 

7      A high level summary of submissions is provided below:

"Do you support extending the Reserve Bylaw to apply to Beaches"?

Yes           74/433      (17%)

No            262/433    (61%)

Unsure      55/433      (13%)


"In respect of reserves, would you like dog controls on reserves changed"?

Yes           75/433      (17%)

No           213/433    (49%)

Unsure      88/433      (20%)


"Should dogs be prohibited from sand dune areas"?

Yes           86/433      (20%)

No            245/433    (57%)

Unsure      51/433      (12%)


"Do you agree that drones should be restricted on reserves and beaches unless they have prior permission from the council"?

Yes           202/433    (47%)             

No            103/433    (24%)

Unsure      52/433      (12%)


"Should horses have restricted access on reserves"?

Yes           76/433      (18%)

No            266/433    (61%)

Unsure      50/433      (12%)


"Should vehicles be prohibited from sand dunes"?

Yes           306/433    (71%)

No            37/433      (9%)

Unsure      40/433      (9%)







8      The Council can impose restrictions on beach areas as reserves.  Many reserves include beaches or abut coastal areas and public perception is that the same rules apply in each space.

9      The Council has authority over the dune system to Mean High Water Spring (MHWS), with the Otago Regional Council (ORC) having jurisdiction below this.  There is an opportunity for collaborative and consistent policy between Council and the ORC in administering these spaces.  No changes to the Bylaw, however, are required to align with the current ORC administration.

Horses on Beaches


10    The draft Bylaw proposes to allow horse access to beaches and reserves via established access ways only. This is to ensure preservation of the dune system and was included to clarify that the bylaw will not apply outside the territorial boundary of the Council (which ends at the Mean High Water Springs line).

11    There was mixed understanding of this reasoning by the public during the consultation with some submitters interpreting Council as trying to limit horse access to an area between sand dunes and the MHWS line.  This is not how the bylaw would work in practice and where the bylaw applies, beach access will be available to horses below the MHWS line.  No changes to the Bylaw are required to address this.

12    There are four beaches listed in the existing bylaw where horse riding is permitted.  Some submitters have suggested permitting the activity on more beaches.  Staff recommend that the panel considers the addition of Aramoana, Ocean View and Westwood beaches the list of permitted beaches.

Drones and Other Aircraft


13    Some submitters were not supportive of drone use due privacy issues and the potential disturbance to wildlife.

14    Submitters supportive of drone use, however, prefer unrestricted access to reserves and beaches without the need for a consent for each flight.

15    Staff have evaluated other councils' practice and recommend that the panel considers a system where drones smaller than 1.5kg would be exempt and owners of drones in excess of 1.5kg could apply for permits of up to six months, depending on the purpose of use.

16    Staff would further recommend prohibiting drone use in cemeteries, playgrounds, open air pools and ecologically sensitive wildlife areas.  Discretionary consent could be applied for in these sensitive areas and only be granted with strict conditions. Ecologically sensitive areas recommended for consideration for bans are Taiaroa Head, Aramoana (Shelley Beach) and near any bird colony.

17    Some kite surfers, hang glider users and kite buggy users submitted concerns that their vehicles/flying equipment would be subject to bans or impractical speed restrictions.  This is not the intention of the proposed Bylaw and staff recommend that the panel consider adjusting the draft Bylaw to clarify that these vehicles/flying equipment are exempt from speed limits but are prohibited from ecologically sensitive areas.

18    Hang glider users also require beach access to land in coastal areas in specific wind conditions or in the case of making an emergency landing.  The proposed Bylaw permits emergency landings by aircraft so no changes to the proposed Bylaw are necessary. 

Vehicles on Beaches and Reserves


19    A number of submissions opposed the use of vehicles on beaches and the dune system. 

20    Concerns include noise, dune destruction, and risk or harm to wildlife, and for the safety of people, dogs and horses. The proposed Bylaw restricts the use of vehicles and prohibits vehicle behaviour that damages the reserve.  Access is restricted to areas set aside by Council for vehicle traffic.  The proposed Bylaw requires a permit to drive a vehicle on a beach or reserve unless it is an emergency vehicle or being driven to retrieve a vessel.  No changes to the Bylaw are recommended.

21    A number of submitters identified beaches that are ecologically sensitive. Staff recommend the panel give consideration to prohibiting all vehicles (i.e. a permit will not be available) for all non-emergency vehicles for Tomahawk Beach (excluding the boat launch zone), Victory Beach, and Aramoana (Shelly Beach) and any other beach the panel deems to necessary for ecological protection.

22    Kite surfers and kite buggy users require wind and long runs, with beaches seen as an ideal location for this recreational activity.  Staff recommend that the panel consider adjusting the proposed Bylaw to allow the use of any beach except Tomahawk Beach, Victory Beach, and Aramoana (Shelly Beach) for kite surfers and kite buggies. 



23    A number of submitters noted the challenges with monitoring and enforcing illegal activity efficiently, potentially undermining the effect of the proposed changes. Increasing signage, public education on the changes (such as beaches with vehicle bans) and working closely with Police to enforce the Bylaw will be undertaken by staff.

Dogs on Reserves and Beaches

24    There were a large number of submissions on this, which will be taken into account during the review of the Dog Control Bylaw later this year.




25    Specific staff recommendations for consideration by the panel on submissions are included in the submission summary available electronically.  A summary table is also attached to this report as Attachment A.

26    Once the panel has heard from submitters, further staff advice will be available on potential revised wording for the Bylaw to support any recommendations the sub-committee wishes to make to Council in considering the final form of the Bylaw.





Ashley Reid - Parks and Recreation Planner


Jendi Paterson - Recreation Planning and Facilities Manager

Ruth Stokes - General Manager Infrastructure and Networks 






Reserves and Beaches Bylaw 2017 Summary Sheet



Bylaws Subcommittee

14 March 2017



PDF Creator

Bylaws Subcommittee

14 March 2017



PDF Creator