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The
Subcommittee heard from the following submitters:
Craig Wilson, Department of Conservation
Mr Wilson commented on his organisation's close working
relationship with the Council. As statutory managers of coastal areas they
worked closely together. DOC supported the inclusion of beaches, but
felt that the definition should also include all coastal areas such as rocky
shores. He asked for Shelly Beach not to be added to the areas where horses
were allowed. He considered that permits should be required to fly
drones anywhere within the coastal area for reasons of sensitivity. It
was important for restrictions to be effectively communicated to the public.
Quinton Prendergast, Pony Club
Mr Prendergast was submitting on his own behalf and that
of his teenage daughters and others who used beaches for horse riding. He
was concerned about restrictions on riding horses on beaches but now understood
that the area below the high tide mark was under ORC jurisdiction. He explained
that people took horses and ponies to reserves etc for safety reasons. There
were also therapeutic reasons to take horses to the beach as salt water was good
for wounds and for tendons. The beach from Island Park to Ocean View generally
had low use but was used a lot by horses and trainers. Everyone who used
the area used common sense. Accessways and cutaways allowed wind to
escape. There was no evidence that horses caused erosion. It was
also common sense that dogs could be there and there was no reason for them
to be in the dunes unless they were on a leash. He was against vehicles
on the sand dunes. Mr Prendergast was of the view that Ocean View
Reserve was a wonderful area for campers and visitors.
Sam Neill
Mr Neill commented that there was some confusion on
whether Allans Beach was included in the bylaw and this needed to be
clarified. He had lived there his whole life and knew more about it
than anyone. There were fewer problems at Allans Beach than there ever
had been previously and it was also used more than ever. All horses and
users of the beach had to go through their property and DOC land. The
Council only had jurisdiction over a small piece. The beach was there
to be shared and some walkers were very selfish. Only a few surfers went
through to the beach on quad bikes, plus themselves for farm purposes, and
vehicles on the beach were not a problem. Mr Neill was not keen on the
use of drones at the beach.
Claire Carey
Ms Carey had been involved in the Save Aramoana campaign.
Aramoana was an unspoiled environment because people of previous generations had
been prepared to fight for it. There was now gradual intrusion and
often unthinking carelessness. Such effects could be
cumulative. One vehicle on a beach allowed others to do the same.
An individual's rights became subordinate to civic rights. What was safe
today needed to be defended. People needed to be brave enough to resist
pressures that degraded their lifestyle and take a stand.
Melissa Barnes
Ms Barnes advised that she was speaking specifically about
Warrington Beach and thought all beaches needed to be looked at
independently. She considered that there was no evidence of damage done
by horses on beaches, however vehicles caused damage. The tide came in
and washed away hoof prints. She pointed out an area on Warrington
Beach damaged by four wheel drives and asked why Warrington Beach was not on the
list of beaches where horses were allowed to be ridden. Ms Barnes
considered that dogs should be on leashes in the dunes but could be off the
leash on the beach if they were under control. She requested Warrington
Beach to be added to the list of beaches where horses were allowed. She
also considered that there was no need for anyone to be any further south
than the surf club in vehicles and did not see why vehicles needed to go on the
estuary.
Kevin McManus, President, Aorangi Hang Gliding Club
Mr McManus wished to comment specifically on Clause
17. Hang gliders had been using Dunedin beaches for 44 years without
disturbing other users. Pilots were licenced and he believed that this
made DCC rules unnecessary. Many councils supported flying as it added
to the ambiance of reserves and beaches. He requested the bylaw to be
amended to allow these activities to continue.
Janet Ledingham, Dunedin Branch of the Royal Forest and
Bird Protection Society
Miss Ledingham made supplementary comments regarding
Aramoana. Currently horse treks took people along Big Beach. She
considered that any horse traffic should stick close to the high tide mark to
avoid damage. If there were designated horse areas there could be possible
damage to ecological areas and disturbance to yellow-eyed penguins. In
regard to vehicle access at Aramoana, there was a problem when people drove
down from the mole and went past the penguin colony.
Heather Bell
Ms Bell lived at Warrington and found the Council's proposals
confusing. Warrington was a busy village and residents were good about
horses in the village. If there were problems in certain areas that were
proven to be attributable to horses the Council should look at that. If
told about damage riders would take note and avoid particular areas. She
did not believe horses did damage to the sand dunes at Warrington. Ms
Bell asked for Warrington Beach to be added to the list of where horses could
be ridden. Ms Bell also pointed out the difference between damage
caused by four wheel drives and horses. She had seen damage caused by a
small minority of vehicles.
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting.
Motion carried
The meeting adjourned from 10.05 am to 10.45 am.
Jane Davidson
Ms Davidson made a PowerPoint presentation. She was
a Purakaunui/West Harbour resident against motorised vehicles on beaches and in
favour of limiting vehicle access to avoid disturbing wildlife. She
noted that beaches were not reserves and commented on Long Beach and vehicle
access. Beaches were unique natural ecosystems, and not man made.
Long Beach was a breeding site of several families of sea lions. She
would like to ban all motorised vehicles from beaches.
Colin Weatherall
Mr Weatherall was a local Brighton resident and involved
in surf lifesaving. The majority of activities on beaches created
issues. The hard sand area was used for a lot of activities.
Patrolled areas operated between Labour Weekend and Easter. Mr
Weatherall support restrictions regarding drones but noted that surf
lifesaving clubs were starting to use drones in their work as the larger ones
could take a rescue tube and there was a need to provide for that. Clubs
also trained at lots of areas. There was improved health and safety at
events where drones were used to check on participants. He believed
that horses should be able to be on Westwood/Ocean View beaches. The
Council needed to take care that the bylaw did not get caught up in events eg
vehicles at Brighton Gala Day.
Mr Weatherall also noted that boats needed access onto
beaches for launching. It was safe for recreational boaties to go
through areas to launch, then come back out. The coastline was challenging
and emergency services must have access to beaches. He also considered
that access to beaches could be better marked.
Guy Williams, Guy Williams and Associates, Conserving
our Built Heritage
Mr Williams commented that definitions of aircraft may not
cover hang gliders and paragliders and he completely supported those things.
Most landed on the area under Otago Regional Council jurisdiction.
Beaches were, by and large, lacking in population. He was concerned regarding
vehicle access. It was permissible for vehicles to recover vessels but
not hang gliders and equipment, and he considered it would be good if
vehicles were able to access these areas for this purpose as well.
Scott Weatherall, Chairperson, Saddle Hill Community
Board
Cr Conrad Stedman declared an interest as a member of the
Saddle Hill Community Board and withdrew from the meeting at 11.15 am.
Mr Weatherall noted that people enjoyed organic gardening
and he would like consideration to be given to people being able to take
seaweed. He commented that vehicles were needed for surf lifesaving
events and did not want the bylaw to preclude them parking on the
beach. In terms of booking beaches for organised events, he did not see
any issues if the Council continued to work with community groups. He
would also like weddings that took place in Brighton on the beach to be able
to continue. Mr Weatherall supported dogs being allowed to walk in the sand
dunes but considered they should be restricted in areas of endangered
wildlife. Ocean View Beach should be looked at again in regard to dogs.
Mr Weatherall did not see any issues with drones being
used. He noted that horses had always used the beach area from Westwood
to Brighton. It was used for horse training and people learning to ride
and the Board asked that should be allowed to continue. There should be
designated areas where there could be access through the dunes. He
suggested that horse owners could be asked to clean up horse droppings.
Cr Conrad Stedman returned to the meeting at 11.26 am.
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting
until the next submitter.
Motion carried
The meeting adjourned from 11.26 am to 11.40 am.
Murray Brass, Yellow-eyed Penguin Trust
Cr David Benson-Pope declared an interest as a member of
the Yellow-eyed Penguin Trust and withdrew from the meeting at 11.40 am.
The Trust was strongly supportive of the extension of the
bylaw to include beaches as well as reserves. There were complications
in trying to control access points. Extending the bylaw to beaches would
give the Council more control. The Trust supported controls on dogs to
protect wildlife. Mr Brass noted that drone use could impact on
wildlife and supported controls. Landowner approval was required for
drones and it made sense to apply this requirement to beaches. The
Trust thought controls for horses should apply. Points near dunes were
where wildlife might be found and forcing horses to use this area might
create conflicts. Vehicle controls were required during breeding and Mr
Brass suggested wording changes
In regard to particular beaches, there were some areas
where penguins would return year after year, but wildlife often did
unexpected things so it would be good to have the ability to impose temporary
controls.
Cr David Benson-Pope returned to the meeting at 11.50 am.
Karen Anderson
Cr Andrew Whiley withdrew from the meeting at 12.03 pm and
Cr David Benson-Pope took the Chair.
Ms Anderson tabled her comments and referred to points of
procedure she had raised the previous day in relation to the Summary of
Submissions, which had been amended in respect of a comment attributed to Ms
Anderson after she had taken up the matter with staff. The document
also raised matters related to the interests of the Chairperson.
Ms Anderson also commented on issues related to the
amendment of the Dog Control Bylaw, the number of submissions received and
the topics they covered, and what she considered was a flawed process followed
during the bylaw review.
Cr Andrew Whiley returned to the meeting at 12.14 pm and
resumed the Chair.
Moved (Cr David Benson-Pope/Cr Andrew Whiley):
That the Subcommittee:
Adjourns the meeting.
Motion carried
The meeting adjourned from 12.15 pm to 1.10 pm.
Kelvin Lyon
Mr Lyon (from Warrington) spoke to his submission which
included his background to his time living at Warrington and his horse
riding. He noted that he had never received any complaints regarding
horses being ridden on the beach. He also commented on a workshop that
had been held regarding the use of the Warrington Domain and that there had
been no negative comment. He reported that there were a lot more
campers than riders at the Domain and advised that he had seen a van driving
up the Warrington Beach at lunchtime that day. Riders would not want to
be on the beach at the same time that there were surf lifesaving
activities. Mr Lyon would like the Subcommittee to give consideration
to allowing horse riding along the beach for exercise activities.
Should areas be restricted, then the horse riding community could be
consulted. He thought that vehicles on the beach would disturb more
sand than would horses. He suggested that complaints would have to be
monitored. He also supported the restriction of vehicles on the beach
apart from for specific purposes such as the retrieval of boats.
Allison Barty
Ms Barty spoke to her submission and commented that she
had problems trying to understand the proposal. She remarked on the
changes and the reactions of people to this. She advised that she was a
horse rider and had requested maps of where she was able to ride. She
also commented on the website and communication with Council. Ms Barty
questioned matters relating to the timeframe for and enforcement of the bylaw,
and communication of the changes. She had concerns that horse riding
representatives had not been included during the development of the bylaw.
Ms Barty was of the view that respect among beach users would go a long
way. She advised that she did not agree with vehicles on beaches unless
they were authorised users.
Adrian Hall, Aramoana (Otago) Conservation Trust
Mr Hall spoke to the Aramoana Conservation Trust
submission. He commented on riders on the Aramoana Beach and their
behaviour towards wildlife there, the wildlife at Aramoana and that Aramoana was
a conservation area. He considered that it was an exceptional and
significant area. He had concerns with vehicles on beaches, in
particular potential conflict with nesting birds and sea lions. He commented
on land yachts, in particular at sun down when penguins returned to land, and
that the number of nests had reduced from 18 to four in recent times.
He also advised of the number of injured penguins which came up the beach at all
times of the day. Mr Hall requested that vehicle access be restricted
to protect wildlife. He considered that there were boat ramps at other
locations that the community could use. Sea lions were breeding around
the north area of the beach and he considered that they needed protection.
He asked the Council to consult with DOC. Mr Hall also felt that horse
riders should be encouraged to keep a reasonable distance from
wildlife. He considered that dogs should not be allowed beyond Bear
Rock on Aramoana Beach because of the yellow-eyed penguins.
Maurice Prendergast
Mr Prendergast tabled and spoke to his submission, in
particular about horses on beaches. He commented on a resolution
(September 2016) regarding a review of the bylaw, in particular the use of
vehicles and dogs on reserves. He commented that there had been no
reference to horses anywhere in the report that went to elected members
pre-election. Mr Prendergast considered that horses should be allowed
on beaches and advised that he had not witnessed inappropriate behaviour on
beaches.
The meeting adjourned from 2.02 pm to 2.20 pm.
Shay Dewey, Southern Stringers Ltd
Mr Dewey ran a company dealing in video filming for
corporate, news and commercial work, which had moved into use of drones in the
last couple of years. The proposed bylaw would affect the company's use
of drones. The current process was that initially staff would have to
talk to the client regarding the drone flight, the flight would be logged with
Air Share/CAA which would go to air traffic control. Southern District
Health Board permission was also needed if flying in a certain area. This
was not an efficient process and took some time, after which the occupants of
properties that the drone would fly over needed to be spoken to. This
was already an involved process and was a process designed to control
drones. Everyone should be doing this, however most people did not know
where and when they could fly and the rules in place. There were already
procedures and most beaches were controlled. Education was needed
rather than another permit. Operators could not fly drones over groups
of people, crowds, events etc.
Mr Dewey considered that there were double standards as to
how drones and other aircraft were perceived. He explained the technicalities
of control of air space and permissions to fly, the rules of flying, height
restrictions etc, where people could fly without logging flights, where
people could not fly eg above mammals where permits were needed from the
Department of Conservation.
Tracey Morrison
Ms Morrison commented on horses on beaches and tabled
photographs from her daughter. She was concerned about a proposal that
horses were only allowed above the high water tide mark. This was strange
as it was the area of softest sand and could damage horses' tendons.
These areas were also usually adjacent to sand dunes which required preservation.
The best place for horses was on firm sand at low tide. It was increasingly
more difficult to find safe places to ride horses. The beach was one of
her favourite places to ride. Also race horses used beaches for
training. Horse riders did not upset other beach users or make them
feel intimidated in any way as it was part of their way of life. Ms
Morrison tended to use Warrington and Ocean View beaches where there were
established tracks through the dunes.
Debi Riddle
Ms Riddle lived in Brighton and she rode horses on the
beach in all seasons at different times of day. She was concerned regarding
vehicles being disruptive on beaches, such as unlicensed dune buggies.
Narrow tracks for access to the beach had been widened by quad bikes and motorbikes.
The biggest problem was people using vehicles without regard to others.
Quad bikes smashed tracks in the sand dunes. Uncontrolled dogs were
also a problem and her horse had been injured getting away from a dog.
Speed limits on beaches were needed for safety reasons but also areas where people
could exercise horses in a responsible manner. Ms Riddle also commented
on conflicts between horse floats trying to load and unload to access the
beach, and freedom campers at Ocean View.
The meeting adjourned from 3.20 pm to 3.35 pm.
Jinty MacTavish, Landscape Connections Trust
Ms MacTavish commented on the Beyond Orokonui project and
showed a map of the community landscape plan to manage ecological values in
the area. There was a range of projects including the Halo Project
predator management project, and a network of traps to provide a buffer for the
Orokonui Ecosanctuary. Other projects were sea bird restoration
concentrated around Mapoutahi, in response to the massacre of little blue
penguins in the area in 2014. The Trust wanted to express its support
for inclusion of beaches in the Reserves Bylaw. Conservation efforts
relied on both beaches and reserves and needed consistency in management of
those areas and this was also consistent with the proposed Parks and Recreation
Strategy. The Reserves Bylaw was a key tool in implementing the Strategy.
There was no objection to the Dog Bylaw so long as conservation values were
considered as part of that project.
Emma Peters, Taieri District Pony Club
Ms Peters advised that the Pony Club had three branches
and was concerned about parking and access issues to beaches. The Club
wanted to make sure that access to the listed beaches was maintained. Other
ones that people used for horses were Long Beach, Purakaunui, Murdering Beach,
Doctors Point, Brighton and Taieri Mouth. Club members were not
interested in riding in the dunes apart from for access because of potential
for damage to horses' legs. They just wanted to make sure there was
sufficient parking and access.
Glen Turner
Mr Turner considered that the change in restriction was a
good compromise. He commented on the use of drones and noted that there
was no expectation of privacy when in a public place. It was up to users
and local authorities to educate people regarding expectations of
privacy. Small drones were not spying on people; this was not possible
with small screens. There was a limitation as to what could be seen
with them. Privacy should not be an issue. If restrictions were
made for drones, then cellphones and cameras would also have to be banned.
Mr Turner had been engaged to document changes at Aramoana
and it would cause more damage to walk the area than to use drones.
People using drones were creative people doing good things. He offered
to show the Subcommittee his equipment and the limitations it had. It
was easier to change people's perception of what was being done if they were
aware of it. Rule changes would restrict what he was doing. Mr
Turner explained he was carrying out work at Shelly Beach, Aramoana, for the
historic archives at the Port Chalmers Maritime Museum. The main
problems caused by drones were people using them in their neighbourhoods.
Paul McNamara
Mr McNamara commented on horses on beaches and proposed
restrictions. He noted that sand was soft at the mean high water spring
mark and could cause muscle damage and trip hazards for horses, and also could
lead to wildlife interactions. Being prohibited from dunes was problematic
as there were few areas where people could ride safely in Dunedin and they
preferred to stick to established tracks. There were more quad bikes
using the dunes at Brighton and creating their own paths. No research
been done regarding the impact of horses on wildlife. There was no
correlation between research on vehicle damage and horses. Mr McNamara
supported comments regarding restriction of vehicles apart from launching
boats etc. Controls were needed over four wheel drives on beaches.
A quad bike had once caused one of his horses to rear up.
Geraldine Tait, Waikouaiti Coast Community Board
The Board had agreed that it was an excellent idea to
restrict vehicles on beaches. This would provide opportunities for
passive recreation. Ms Tait had lived in Blueskin Bay for over 30 years
and considered that beaches were a place to go to take time out and not worry
about traffic or whether a child was in danger. There were a number of
access places for vehicles and people could launch kayaks and small
boats. She considered that vehicle access should be for boat launch
only.
Ms Tait was concerned about wildlife in the area and
considered that birds and sea lions needed protection and could be affected
by vehicle traffic. Wildlife was owed a duty of respect by restricting
vehicle access to those special beaches. In regard to horses, people
moved to the area because they liked a quiet life. Quite a few people liked
the beach for horses and she had never seen any galloping. She thought
that Warrington Beach should be accessible to horses, and that they should stick
to formed tracks to access the beach. A horse with sulky was not a
motorised vehicle and could be included. Ms Tait considered that land
yachts were dangerous.
Derek Onley and Geraldine Tait, Warrington Reserve
Group
The Warrington Reserve Group was an informal group of
local residents that had been in existence for at least 15 years and was
concerned about the quality of the environment, wildlife etc. Making
the reserve a good quality experience was also important. The group had
concerns regarding dogs being poorly controlled on the beach and vehicles on
the beach. Mr Onley considered that this was a great opportunity to ban
vehicles from beaches. In terms of birds and wildlife the important
beaches were Karitane, the Otago Peninsula etc. At end of Warrington
Spit, large numbers of birds roosted, and oyster catchers and godwits were both
endangered. Vehicles blasted through bird sleeping areas. If
endangered birds were disturbed during summer roosting, they did not get to
migrate. The area would no longer be a good place for them to hatch and
roost. The group would like vehicles banned from beaches and would also
like these areas to be split off as reserves.
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting
until Wednesday 15 March 2017.
Motion carried
The meeting adjourned at 5.35 pm until Wednesday 15
March 2017 at 9.00 am.
Paul Pope, Otago Peninsula Community Board
Cr Andrew Whiley declared an interest as a member of the
Otago Peninsula Community Board and withdrew from the meeting at 9.00 am, and
Cr Benson-Pope took the Chair.
Mr Pope noted that Tomahawk and Smaills Beach were used as
boat launching access areas and there was a question of how these issues would
be dealt with. There had been a number of rescues at Smaills Beach and
people had launched boats there. There was confusion about what the bylaw
covered and conflicting advice regarding whether beaches such as Allans Beach
were covered by it. The bylaw, signage and education all needed to be
part of the same package. Information signage needed to be developed. There
should be the maintenance and development of areas so they were sustainable
in the long term.
Mr Pope noted that there was nothing in the bylaw relating
to cultural taonga, harvesting, preserving middens and wrecks etc for
cultural purposes, also nothing on alcohol consumption. He considered
that horse riders were generally self-regulating and that horses did not work
well in dune areas because of injury. In regard to drones, it was
important that the Otago Peninsula was seen as film friendly. This was
regulated by the CAA. He considered that children should not be stopped
from flying small drones. The Board believed that the bylaw must be
fair and transparent and appropriately resourced. It was important to improve
physical access points and people saw access to coastal areas as a right.
Cr Andrew Whiley returned to the meeting at 9.09 am and
resumed the Chair.
Peter Gibbons, St Kilda Surf Lifesaving Club
Cr Conrad Stedman declared an interest due to his
involvement with another surf lifesaving club and withdrew from the meeting
at 9.10 am.
Mr Gibbons advised that he also had authority to speak on
behalf of Surf Lifesaving New Zealand.
The Club wanted an exemption to allow vehicles on the beach.
All surf lifesaving clubs used vehicles on their own beaches. Vehicles
were also used for competitions, training of lifeguards and clubs travelled to
different beaches depending on conditions on the day. An exemption was
sought for vehicles on beaches for surf lifesaving purposes. It was also
necessary for search and rescue capability to drive onto beaches.
Removal of
"cowboys" using vehicles on beaches was the
club's concern. The club used drones relatively rarely, for safety at
events.
Cr Conrad Stedman returned to the meeting at 9.19 am.
Megan Brick, Brighton Pony Club and individual
Ms Brick considered that safety was paramount. Children
rode from Waldronville along the beach to the pony club grounds as the road was
totally unsafe. If there were changes relating to horses on beaches
this would impact on numbers belonging to the club. It was disappointing
not to have had contact from Council to stakeholders such as pony clubs,
trainers etc prior to release of the proposed bylaw. She was hoping it was
a misunderstood concept regarding horses on beach.
People on horses rode in sand dunes on allocated tracks.
This was a safe environment for children to learn and an enclosed
environment. It was hoped these tracks would not be off limits.
Ms Brick observed that sometimes the only option for training racehorses was
to take them to the beach in frosty conditions or when horses were injured.
She felt that this was a good opportunity for the Council to consider
dedicated bridle paths and allocated tracks for horse riding.
Catherine Smith, School of Physiotherapy, University of
Otago
Ms Smith advised that walking dogs, both leashed and
unleashed, provided huge benefits for health through physical activity.
People with long term health conditions benefited. She questioned
whether dog walking access could afford to be further restricted. One
piece of puzzle should not be dealt with without looking at the bigger
picture. She expressed the hope that walking dogs would not be
restricted on sportsfields etc. Ms Smith commented and gave examples of
the various physical and mental health benefits from dog walking and also commented
on her research.
Moved (Cr David Benson-Pope/Cr Conrad Stedman):
That the Subcommittee:
Adjourns the meeting for
15 minutes.
Motion carried
The meeting adjourned from 9.53 am to 10.10 am.
Carol Dempster
Ms Dempster advised that she lived at Westwood backing
onto the Kaikorai Estuary and had been a user of area for a very long time,
since childhood. More discussion was needed about horses in sand
dunes. Horses were not the only ones that would have detrimental
effects on dunes. Motorbikes also caused detrimental effects.
Horses took a cautious approach and cuttings were not the work of
horses. There were other areas where horses were not being ridden where
there were troubles of a different kind eg sea damage at St Clair.
Directing horses to use areas of soft sand was unsafe for horses. Ms
Dempster was not convinced that the equestrian community was consulted with
well prior to the release of the draft bylaw and suggested that better means
of consulting in future were needed. Ms Dempster noted that the appendix
did not include the Ocean View to Westwood Beaches or the Island Park sand
dunes area where horses were currently allowed to be ridden. There was
also nothing on the Council website about where people were allowed to ride
horses. It would be nice to see horse riders having some visibility on the
website. There was a need to think about where horses could be ridden
as roads were dangerous. Beaches offered safe riding for children.
Chris Valentine
Mr Valentine commented that the main point about horses on
beaches appeared to be a misunderstanding and appeared to have been
addressed. He supported allowing horses on the beaches that were currently
mentioned and also that it should be extended to other beaches. He
supported this for riding and for training as long as it was done
responsibly. He could not find evidence of injury to the public
relating to horses on beaches. Mr Valentine agreed with restricting beach
access to vehicles except for such reasons as boat launching or sand
collection.
Joseph Dougherty
Mr Dougherty was an ecologist involved in conservation
with experience in coast reserves. He noted that there were lots of
vested interests as Dunedin was an incredibly significant place with
estuaries, incredible marine diversity, and conflict between recreational
activities and the environment. If the Council tried to cater for
recreational demands then it might miss out on other opportunities eg
Warrington recently had lots of vehicles on the beach which damaged the
ecology of the area. Horses hooves impacted on sand and mudflats,
including animals that lived in the sand. Signage was inadequate eg
those signs prohibiting dogs from areas of Brighton where birds nested and
roosted. Dogs killed sea birds and there was a need to do more about
this. Vehicles on beaches also caused problems. Mr Dougherty
noted that most damage occurred in intertidal zones and mudflats and that it
was undesirable to have large numbers of horses on beaches.
Stuart Holt
Mr Holt was a resident at Warrington who had observed a
lot more people with four wheel drive vehicles. The car parking area was
making the beach accessible to vehicles. There were a lot more vehicles
on the beach, including quad bikes, and these were disturbing nesting birds.
This would not be accepted elsewhere. He had also observed a sea lion
trying to get to her pup through vehicles. During a surf lifesaving
event there were lots of vehicles on the beach. It needed to be blocked
off in a way that the surf club could put its own vehicles into the
water. These things could not be policed and not all beaches could be
treated as roads. There was minimal activity from horses on Warrington
Beach.
Sandra Sutherland
Ms Sutherland had been a horse rider for 44 years and rode
at Ocean View and Brighton. She had a long association with the area
and noted that the road was dangerous in that area. The track through the
dunes was narrow and very little damage was done by horses. Most was done
by vehicles and problems were also caused by weeds and rubbish dumping
etc. She had looked at university research and little damage was done
by horses. Horse riders contributed to the economy. It used to be
possible to ride on the grass verges of roads but this was no longer possible.
Other safety measures for horses had also disappeared. Horse riders
were always forgotten by city planners. Other cities had tracks
etc. There were now freedom campers at Ocean View which had halved the
parking and made it difficult for horse floats. Not all groups got on
well. In regard to conflicts between riders and quad bikes etc most people
were good and pulled over if they encountered horses in the dunes. Ms
Sutherland also commented on sharing beach areas and asked where people could
take recreational vehicles to enjoy them.
Oliver Goldsmith, Hare Hill Horse Treks
Mr Goldsmith commented that people got confused with what
was proposed regarding horses on beaches and noted that the wording had now
been altered, although that did not solve all the problems. His business
had used Aramoana Beach for 20 years now and he was happy with the way things
were. He wanted to limit the impact they made. Conflict over the
use of resources was not new. His business limited the number of horses
they had on the beach. A person on foot was with the riders, and removed
any excrement. Some people were still not happy with that. He had
customers that came to Dunedin specifically to ride on Aramoana Beach.
Not too many places in New Zealand offered what his business was able to and
he thought it was unique.
Mr Goldsmith noted that other users could be cavalier
about removing droppings, however many horse people were self-regulating and
self-regulation was best for recreational groups. Wildlife was less
threatened by horses compared to people and dogs. When there were
vehicles on the beach his horses had to vacate as he could not risk people
being hurt. If there were land yachts his horses did not go there.
The treks always gave wildlife a wide berth.
Sarah Hexamer
Ms Hexamer tabled a submission and photos. In regard
to horses and dogs she respected the importance of preserving dunes.
Horses caused little damage to dunes. Occasionally a seal was
encountered in dunes but they were not concerned by horses. There was a
need to manage dunes and people could be more respectful. There
were not many tracks etc in forestry areas for people to take their horses.
To reduce options for riding in dunes would be quite devastating. This
was safer than riding on roads as gravel was often slippery and damaged
horses.
In regard to dogs, a few ruined it for everyone. There
needed to be some restrictions. She appreciated there were dog parks
but for those who lived in the country beaches were better as long as the
dogs were under control. Dogs on beaches could be a problem if they chased
horses, and could be a danger to people on beaches. She would like
responsible owners of horses and dogs to be allowed to continue to use
beaches..
Brett Bensemann, Tautuku Fishing Club Dunedin and Haast
Inc
Mr Bensemann advised that he was also involved with other
fishing organisations. He considered there was a need to look at why
beaches were closed and noted that there were a lot of regulations.
Vehicles taking boats to beaches and going fishing should be exempt. This
was also teaching people to fish and provide food. The main focus should
be on "hoons" in sand dunes etc. On the subject of horses, sea
water etc was good for horses and sea access should still be available for
horses. Also children took their horses to the beach, not just the racing
fraternity.
In regard to fears of new technology, privacy, effects on
wildlife etc related to drones, they would be a new concept in fishing.
The food chain on the Otago coast was unique. A drone could take a line
out, fish and bring the line back. If the Council started closing down
recreational areas where people could go, there would be problems. Beaches
should be kept available for people to use. Mr Bensemann also commented
on issues with freedom campers at Smaills Beach.
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting.
Motion carried
The meeting adjourned from 12.35 pm to 1.00 pm
Dr Karsten Schneider
Dr Schneider was quite happy with the changed draft sent
to submitters which had addressed most of his issues. He did not
understand why Shelly Beach was excluded from kite surfing. Kite
surfers had an entry point close to the mole. He was also a jogger as
well as a kite surfer and spent a lot of time on the beach at Brighton.
He had come up against dogs and did not know whether dogs would be
friendly. Dogs were often not controlled and dog excrement was left on
the beach and moved around by the tide. Dr Schneider did not support
vehicles on the sand unless they were being used for launching etc and he
considered that there was no real conflict between kite surfers and horses.
Meghan Mills
Ms Mills was appearing for the Brighton Pony Club as well
as an individual horse rider. She commented on access to beaches at
Ocean View. She lived about 800m from the beach access point and
Scroggs Hill riders had even further to go. It was a dangerous road for
riders and she requested consideration be given to easier access. There
was historical access at the bottom of Braids Hill. She did not have a problem
with dunes being off limits to horses. Beaches were used by locals to
ride and horse trainers brought their horses. There were also other
recreational users. Tracks through the dunes were good but there was potential
for damage to horses' tendons. There were issues with dogs not properly
controlled on the beach and historical issues of dogs attacking ponies, with
potential for conflict. Ms Mills considered that there was often huge
potential for conflict between horses and kite surfers.
Michelle O'Malley-Scott
Ms O'Malley-Scott considered that the bylaw needed to be
renamed the Beach Reserves Bylaw. She would like to see dunes protected,
with weeds removed and natives planted. The beach was a medicinal help
for horses. She was a horse rider and had encountered dogs. She
did not take her dogs to the beach with horses. Other dogs were often
off leads on the beach and she was not sure about control. Her horse was
not used to other dogs. Ms O'Malley-Scott did not like the idea of
drones buzzing overhead but felt that they could be used in designated flying
areas.
She had not encountered dune buggies etc when with
horses. Sand was unpredictable though. If a vehicle struck a soft
patch and got stuck it would often lurch to get out and cause a danger to
other users. She would like beach access to be maintained for as many
people as possible.
Moved (Cr Andrew Whiley/Cr Conrad Stedman):
That the Subcommittee:
Adjourns the meeting
until 1.50 pm.
Motion carried
The meeting adjourned from 1.35 pm to 1.50 pm.
Moved (Cr David Benson-Pope/Cr Andrew Whiley):
That the Subcommittee:
Adjourns the meeting
until the next speaker arrives.
Motion carried
The meeting adjourned from 2.05 pm to 3.03 pm.
Graeme Anderson, Westwood Training
Mr Anderson advised that beaches and horses had gone
together without any problems for many years. His beach was Westwood
and he had worked horses on the beach for 12 years. The beach users got
on well and there was no trouble between horse riders, dog walkers etc.
Not many swimmers used that beach. The bylaw appeared to be reducing
the parts of the beach he could use. He did not impact on dunes at all as
he accessed the beach through the estuary area. No other horses impacted
on the dunes as sulkies were used so they did not go through the dunes.
Swimmers generally went to Brighton Beach. In some areas horse faeces was
not picked up immediately. He did not often see drones or quad bikes
using this area. Other horse trainers used the area regularly or
occasionally but these were low impact as they did not use vehicles. Kite
surfers created a disturbance for horses and were very hard to stop. He
could only work at low tide and could not work in deep sand.
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting
until Tuesday 21 March 2017 at 9.00 am (to deliberate).
Motion carried
The meeting adjourned at 3.17 pm and resumed on Tuesday
21 March 2017 at 9.10 am.
Deliberations
The Subcommittee noted that it had heard those submitters
who wished to be heard on 14 and 15 March 2017.
The Manager Civic and Legal advised that emails had been
received from Terry Wilson relating to the deliberations. She had clarified
to him that today's deliberations were a continuation of the previous week's
hearing and would be held in public.
Moved (Cr David Benson-Pope/Cr Conrad Stedman):
That the Subcommittee:
Confirms the response to
Mr Wilson that the deliberations meeting would be held in public.
Motion carried
An email had also been received about the number of
submissions and it was to be included in the decision how the number of
submissions was calculated.
The matters raised by submitters were discussed by the
Subcommittee and the following points made by submitters were suggested for
inclusion in the amended bylaw document and/or associated report and
implementation plan for recommendation to the Council:
·
New wording regarding the definition of beaches.
·
The permit requirement for drones to be removed given the CAA
requirements already in place, with the airspace of sensitive ecological
areas to be removed from the areas where drones were permitted to be flown.
It was also felt that it would be useful to have the capacity to add and
subtract sensitive areas by Council resolution.
·
Safe management as a purpose of the bylaw was to be emphasised.
·
Sensitive flora and fauna to be emphasised.
·
The expansion of areas available to sensible rider use for
horses.
·
The need for clear signage.
·
The inclusion of an implementation plan when the report went to
Council.
·
Enforcement issues and a section on Enforcement and Penalties.
·
The need for education around the use of drones and CAA
requirements.
·
The parking of vehicles on beaches following boat launching.
·
Provision to allow people to collect driftwood or seaweed for
non-commercial purposes.
·
Additions to the lists of vehicles, vessels and other things
used on beaches.
·
Definition of events.
·
The installation of maps and signposts at designated beach
access points.
·
It was noted that horse training with motorised vehicles may
require a permit.
·
The implementation plan to deal with particular user groups and
also to cover permit costs (if any).
·
Removal of horse droppings.
·
Provision for the retrieval of hang gliders etc.
·
Provision for vehicles undertaking beach maintenance and for
other work purposes.
·
There was discussion on appropriate speed limits eg 10 km/h
when not otherwise specified.
·
The schedule of where horses are allowed was to be expanded.
·
Clarification of prohibitions in sensitive ecological areas eg
salt marshes, dunes.
The Subcommittee would report to the Council meeting on 1
May 2017.
Moved (Cr David Benson-Pope/Cr Conrad Stedman):
That the Subcommittee:
Adjourns the meeting
until Wednesday 5 April 2017 at 9.00 am (for further deliberations).
Motion carried
The meeting adjourned at 11.36 am and resumed on Wednesday
5 April 2017 at 9.10 am.
The Subcommittee recorded that members had attended a
drone demonstration the previous day provided by submitter, Mr Glen Turner.
The draft updated bylaw and maps had been circulated in
previous days and were considered on a page-by-page basis by the Subcommittee.
The following additional points were discussed for inclusion.
·
Notes to be added regarding public safety.
·
Requirements regarding drones to be in line with those of other
local authorities eg reference to 1.5 kg drone weight, however it was noted
that technology was changing and provision could be left for change.
·
Explanatory note to be included that the Council only had
jurisdiction over parts of beaches.
·
Definition of "camp" to be adjusted.
·
Whether "ecologically sensitive zones" could include
a provision "from time to time as determined by resolution of
Council".
·
"Fauna" definition also to include insects.
·
Expansion to the definition of "vehicles".
·
There was discussion on horses in dunes and formed and
designated access points.
·
There was discussion on provision for events and training on
beaches.
·
It was suggested people should take the most direct practical
route when launching or retrieving vehicles.
·
Practicalities relating to enforcement and the appointment of
enforcement officers.
·
A schedule of ecologically sensitive areas where vehicles,
drones etc are prohibited to be added eg Okia Reserve/Victory Beach,
albatross colony, Aramoana Beach, Shelly Beach and salt marsh, Boulder Beach
etc. This would be discussed with the Department of Conservation and
the Yellow-eyed Penguin Trust. An exemption would be granted for rangers
and vehicles undertaking "approved conservation activities".
Moved (Cr Andrew Whiley/Cr David Benson-Pope):
That the Subcommittee:
Adjourns the meeting.
Motion carried
The meeting adjourned from 10.45 am to 10.55 am.
The Manager Civic and Legal suggested additions to the
clause relating to permission and prior approval.
There was discussion on seizure of vehicles for dune
damage and disturbance of wildlife. A penalty section was to be
developed.
The schedule where horses are permitted was also to
include Tomahawk, Smaills Beach, parts of Aramoana, Warrington, Blackhead to
Braids Hill, south of Brighton swimming beach.
Maps would not be included in the bylaw document itself.
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