Notice of Meeting:
I hereby give notice that an ordinary meeting of the Customer & Regulatory Services Committee will be held on:
Date: Tuesday 21 May 2024
Time: 11.00 am (or at the conclusion of the previous meeting)
Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
Customer & Regulatory Committee
PUBLIC AGENDA
MEMBERSHIP
Chairperson |
Cr Carmen Houlahan |
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Deputy Chairperson |
Cr Andrew Whiley |
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Members |
Cr Bill Acklin |
Cr Sophie Barker |
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Cr David Benson-Pope |
Cr Christine Garey |
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Cr Kevin Gilbert |
Cr Marie Laufiso |
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Cr Cherry Lucas |
Cr Mandy Mayhem |
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Cr Jim O'Malley |
Mayor Jules Radich |
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Cr Lee Vandervis |
Cr Steve Walker |
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Cr Brent Weatherall |
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Senior Officer Claire Austin, General Manager Customer and Regulatory
Governance Support Officer Jennifer Lapham
Jennifer Lapham
Governance Support Officer
Telephone: 03 477 4000
governance.support@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
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Customer & Regulatory Committee 21 May 2024 |
ITEM TABLE OF CONTENTS PAGE
1 Karakia Timatanga 4
2 Public Forum 4
3 Apologies 4
4 Confirmation of Agenda 4
5 Declaration of Interest 5
6 Confirmation of Minutes 15
6.1 Customer & Regulatory Committee meeting - 12 September 2023 15
Part A Reports (Committee has power to decide these matters)
7 Customer and Regulatory Committee Forward Work Programme 22
8 Update on Animal Services education sessions 25
9 Review of Dog Control Bylaw and Dog Control Policy 27
10 Trading in Public Places Bylaw review 133
11 Customer and Regulatory Issues and Trends Report 146
12 Items for Consideration by the Chair 151
13 Karakia Whakamutunga
The meeting will close with a Karakia Whakamutunga
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Customer & Regulatory Committee 21 May 2024 |
1 karakia Timatanga
The meeting will be opened with a karakia timatanga
At the close of the agenda no requests for public forum had been received.
At the close of the agenda no apologies had been received.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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Customer & Regulatory Services Committee 21 May 2024 |
EXECUTIVE SUMMARY
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.
Attachments
|
Title |
Page |
⇩a |
Register of Interest |
6 |
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Customer & Regulatory Committee 21 May 2024 |
Customer & Regulatory Committee meeting - 12 September 2023
That the Committee:
a) Confirms the minutes of the Customer & Regulatory Committee meeting held on 12 September 2023 as a correct record.
Attachments
|
Title |
Page |
A⇩ |
Minutes of Customer & Regulatory Committee meeting held on 12 September 2023 |
16 |
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Customer & Regulatory Services Committee 21 May 2024 |
Customer & Regulatory Committee
MINUTES
Minutes of an ordinary meeting of the Customer & Regulatory Services Committee held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Tuesday 12 September 2023, commencing at 1.44 pm
PRESENT
Chairperson |
Cr Carmen Houlahan |
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Deputy Chairperson |
Cr Andrew Whiley
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Members |
Cr Bill Acklin |
Cr David Benson-Pope |
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Cr Christine Garey |
Cr Kevin Gilbert |
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Cr Marie Laufiso |
Cr Cherry Lucas |
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Cr Mandy Mayhem |
Cr Jim O'Malley |
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Mayor Jules Radich |
Cr Steve Walker |
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Cr Brent Weatherall |
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IN ATTENDANCE |
Sandy Graham (Chief Executive Officer), Paul Henderson (Acting General Manager Customer and Regulatory), Jeanine Benson (Group Manager Transport), Kevin Mechen (Alcohol, Psychoactive Substance and Gambling Advisor), Ros McGill (Manager Compliance Solutions), Neil McLeod () and Clare Sullivan (Principal Committee Advisor) |
Governance Support Officer Wendy Collard
1 Opening
Cr Carmen Houlahan opened the meeting with a karakia timatanga.
2 Public Forum
2.1 Alex Macmillan
Dr Alex Macmillan spoke on climate change and the associated health issues She commented the importance of the Zero Carbon Plan 2030 and the benefits to the community it would have. Dr Macmillan urged Council to adopt the draft Zero Carbon Plan 2030.
Dr MacMillan responded to questions.
3 Apologies |
Moved (Cr Carmen Houlahan/Cr Cherry Lucas): That the Committee: Accepts the apologies from Crs Sophie Barker and Lee Vandervis Motion carried (CRC/2023/021) |
4 Confirmation of agenda |
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Moved (Cr Carmen Houlahan/Cr Andrew Whiley): That the Committee:
Confirms the agenda without addition or alteration
Motion carried (CRC/2023/022) |
5 Declarations of interest
Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.
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Moved (Cr Carmen Houlahan/Cr Andrew Whiley): That the Committee:
a) Notes the Elected Members' Interest Register; and b) Confirms the proposed management plan for Elected Members' Interests. Motion carried (CRC/2023/023) |
6 Confirmation of Minutes
6.1 Customer & Regulatory Committee meeting - 7 August 2023 |
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Moved (Cr Carmen Houlahan/Cr Andrew Whiley): That the Committee:
a) Confirms the minutes of the Customer & Regulatory Committee meeting held on 07 August 2023 as a correct record. Motion carried (CRC/2023/024) |
Part A Reports
7 Actions From Resolutions of Customer and Regulatory Committee Meetings |
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A report from Civic provided the open actions from resolutions of Customer and Regulatory Committee meetings from the start of the triennium in October 2022.
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Moved (Cr Carmen Houlahan/Cr Andrew Whiley): That the Committee:
a) Notes the Open Actions from resolutions of Customer and Regulatory Committee meetings. Motion carried (CRC/2023/025) |
8 Customer and Regulatory Committee Forward Work Programme - September 2023 |
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A report from Civic provided the Customer and Regulatory Committee forward work programme to show areas of activity, progress and expected timeframes for decision making across a range of areas of work. |
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Moved (Cr Andrew Whiley/Cr Jim O'Malley): That the Committee:
a) Notes the Customer and Regulatory Committee forward work programme. Motion Carried
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9 DCC draft submission on the draft Government Policy Statement on Land Transport 2024 |
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A report from Transport sought Council approval for a Dunedin City Council (DCC) submission on the draft Government Policy Statement on land transport 2024/25 - 33/34 (draft GPS 2024). The Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
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Moved (Cr Carmen Houlahan/Cr Steve Walker): That the Committee:
Adjourns the meeting Motion carried (CRC/2023/026)
The meeting adjourned at 2.33 pm and reconvened at 2.35 pm
Councillor Gilbert returned to the meeting at 2.41 pm.
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Moved (Cr Jim O'Malley/Cr Andrew Whiley): That the Committee:
a) Approves the DCC submission to the draft Government Policy Statement on land transport 2024. b) Authorises the Chief Executive to make any minor editorial changes to the submission if required. Motion carried (CRC/2023/027) |
10 Review of Gambling and TAB Venue Policy |
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A report from Civic provided an update on the review of the Gambling and TAB Venue Policy (the Policy) and sought approval for the statement of proposal for consultation. The Acting General Manager Customer and Regulatory (Paul Henderson) and the Alcohol, Psychoactive Substance and Gambling Advisor (Kevin Mechen) spoke to the report and responded to questions.
Cr Mandy Mayhem left the meeting at 2:49 pm.
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Moved (Cr Jim O'Malley/Cr Christine Garey): That the Committee:
a) Notes the update on the review of the Gambling and TAB Venue Policy b) Approves the statement of proposal and Gambling and TAB Venue Policy for consultation purposes
Motion carried (CRC/2023/028) |
11 Animal Services Annual Report to the Department of Internal Affairs |
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A report from Customer and Regulatory provided the Animal Services Annual Report to the Department of Internal Affairs. The Acting General Manager Customer and Regulatory (Paul Henderson) and the Manager Compliance Solutions (Ros MacGill) spoke to the report and responded to questions.
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Moved (Cr Kevin Gilbert/Cr Jim O'Malley): That the Committee:
a) Notes the Animal Services annual report to the Department of Internal Affairs dated as at 30 June 2023. Motion carried (CRC/2023/029) |
12 Demolition by Neglect Update |
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A report from Customer and Regulatory provided a further update on demolition by neglect. The report noted that the Building Act 2004 provided no legal mechanisms to address demolition by neglect and the degradation of the Dunedin streetscape (other than where a building is declared to be, or is affected by a building which is, dangerous or insanitary).
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Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Committee:
a) Notes this update on demolition by neglect b) Notes that this report will be referred to the Heritage Action Plan Advisory Group for its consideration as it develops a Draft Heritage Action Plan, noting that this Group will provide updates to Council.
Motion carried (CRC/2023/030) |
13 Items for Consideration by the Chair |
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There were no items for consideration
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14 Karakia Whakamutunga |
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Cr Carmen Houlahan closed the meeting with a Karakia Whakamutunga.
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The meeting concluded at 2.59 pm
..............................................
CHAIRPERSON
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Customer & Regulatory Services Committee 21 May 2024 |
Customer and Regulatory Committee Forward Work Programme
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to provide a regular update of the Customer and Regulatory Committee forward work programme. This shows areas of activity, progress and expected timeframes for decision making across a range of areas of work (Attachment A).
2 As this is an administrative report only, there are no options or Summary of Considerations.
That the Committee:
a) Notes the Customer and Regulatory Committee forward work programme as shown in Attachment A.
DISCUSSION
3 The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for decision making across a range of areas of work.
4 As an update report, purple highlights show changes to timeframes. New items added to the schedule will be highlighted in yellow. Items that have been completed or updated are shown as bold.
Signatories
Author: |
Jennifer Lapham - Governance Support Officer |
Authoriser: |
Claire Austin - General Manager Customer and Regulatory |
|
Title |
Page |
⇩a |
Forward Work Programmes |
23 |
Customer & Regulatory Services Committee 21 May 2024 |
Update on Animal Services education sessions
Department: Customer and Regulatory
EXECUTIVE SUMMARY
1 This report updates the Customer and Regulatory Committee (the Committee) on the Animal Services’ free dog education sessions being provided to Dunedin primary schools this year.
2 This programme is underway and is proving to be popular. 73 sessions have been scheduled so far and 17 completed to date.
That the Committee:
a) Notes the update on Animal Services education sessions.
DISCUSSION
Proactive approach
3 This year, the Animal Services team took a proactive approach to promoting dog education, by emailing all Dunedin primary schools to offer them free education sessions for their children.
4 Animal Control officers provide these sessions, along with their dogs. Key messages are how to approach a dog, whether the dog is known or unknown, and what to do if they are attacked by a dog. The dogs are important parts of these sessions and allow the children to practise what they have learnt. Sessions take 30-45 minutes.
Response
5 Traditionally, schools have been able to request sessions via the Dunedin City Council (DCC) website with limited results. (In the 2022/2023 year, nine sessions were held.)
6 To date, the Animal Services proactive approach has yielded 73 bookings for dog education sessions. Requests range from 1-12 sessions per school depending on the school size. There is also interest from two pre-schools as well as a children’s library book club.
7 Free dog education sessions are also provided for external organisations and internal teams who are out in the community in the course of their work, for example the DCC Resource Consent and Building Consent teams. Four of these sessions have been carried out this year.
OPTIONS
8 As this report provides an update only to the Committee, there are no options.
NEXT STEPS
9 The Animal Services team plans to continue this approach next year and to gradually extend it, at a manageable level, to organisations whose staff regularly enter people’s properties, for example NZ Post.
Signatories
Author: |
Anne Gray - Policy Analyst Ros MacGill - Manager Compliance Solutions |
Authoriser: |
Claire Austin - General Manager Customer and Regulatory |
There are no attachments for this report.
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Customer & Regulatory Services Committee 21 May 2024 |
Review of Dog Control Bylaw and Dog Control Policy
Department: Customer and Regulatory
EXECUTIVE SUMMARY
1 In August 2023, the Council resolved to commence review of the Dog Control Bylaw (the Bylaw) and Dog Control Policy (the Policy). This review must be carried out under requirements of the Dog Control Act 1996 (the Act) and the Local Government Act 2002 (LGA).
2 This report presents the results of early engagement on the review of the Bylaw and Policy, conducted in November 2023. This early engagement has informed the development of a draft Bylaw and Policy.
3 In order to meet requirements of the Act and the LGA, and for consultation purposes, this report asks the Committee to:
a) Approve a draft Dog Control Bylaw - see Attachment A
b) Approve a draft Dog Control Policy - see Attachment B
c) Adopt a statement of proposal (SOP) - see Attachment C.
4 Proposed changes to the Bylaw and Policy seek to:
· Improve opportunities for the recreational needs of dogs and their owners: for example, proposing that dogs are allowed on-leash in central business district areas (such as the Octagon) where they are currently prohibited.
· Protect wildlife and minimise the potential for danger, distress or nuisance, by requiring:
i) dogs to be on-leash in all coastal dune areas, including access paths
ii) the number of dogs an owner may have on-leash in a public place is limited to six, and off-leash is limited to two at any one time.
· Make the Bylaw and the Policy clearer and simpler, providing notes explaining the Bylaw and Policy and removing duplication, for example of maps.
5 Proposed changes, including reasons for the proposals and an analysis of options, are set out in the SOP.
That the Committee:
a) Notes the review’s early engagement results.
b) Approves the draft Dog Control Bylaw and draft Dog Control Policy for consultation purposes, subject to any amendment.
c) Adopts the Statement of Proposal, for consultation purposes, subject to any amendment.
d) Resolves that the proposed draft Dog Control Bylaw meets the requirements of section 155 of the Local Government Act, in that:
i) the proposed Bylaw is the most appropriate form of Bylaw
ii) the proposed Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.
BACKGROUND
Dog Control Act 1996
6 The Act states that any territorial authority may, in accordance with the LGA 2002, make dog-control bylaws for the following purposes:
a) prohibiting dogs, whether under control or not, from specified public places
b) requiring dogs, other than working dogs, to be controlled on a leash in specified public places, or in public places in specified areas or parts of the district
c) regulating and controlling dogs in any other public place
d) designating specified areas as dog exercise areas
e) prescribing minimum standards for the accommodation of dogs
f) limiting the number of dogs that may be kept on any land or premises
g) requiring dogs in its district to be tied up or otherwise confined during a specified period commencing not earlier than half an hour after sunset, and ending not later than half an hour before sunrise
h) requiring the owner of any dog that defecates in a public place or on land or premises other than that occupied by the owner to immediately remove the faeces
i) requiring any bitch to be confined but adequately exercised while in season
j) providing for the impounding of dogs, whether or not they are wearing a collar having the proper label or disc attached, that are found at large in breach of any bylaw made by the territorial authority under this or any other Act
k) requiring the owner of any dog (being a dog that, on a number of occasions, has not been kept under control) to cause that dog to be neutered (whether or not the owner of the dog has been convicted of an offence against Section 53 of The Act)
l) any other purpose that from time to time is, in the opinion of the territorial authority, necessary or desirable to further the control of dog.
7 The Act also requires that territorial authorities must have a policy on dogs which details:
· the outline, nature and application of any dog control bylaw
· the public places where dogs are to be controlled and how they are to be controlled
· any designated dog exercise areas, and
· whether menacing dogs are to be neutered.
8 In adopting the Policy, the Council must have regard to:
· the need to minimise danger, distress, and nuisance to the community generally
· the need to avoid danger from dogs having uncontrolled access to public places frequented by children
· the importance of public use of public places without fear of attack or intimidation by dogs, and
· the exercise and recreational needs of dogs and dog owners.
9 Dog control bylaws are required to give effect to the mandatory Dog Control Policy. Bylaws cannot be inconsistent with the Policy.
Review requirements
10 The Act requires that a dog control bylaw must be made and reviewed in accordance with the LGA and that dog control policies are to be reviewed whenever the bylaw is reviewed.
11 The DCC’s Bylaw and the Policy were last reviewed in 2015/2016 with the current version taking effect from 1 July 2016. The LGA requires that bylaws are reviewed no later than ten years after their last review.
12 A review of this nature requires use of the Special Consultative Procedure (SCP).
DISCUSSION
Early community engagement
13 To inform any changes to the Bylaw or the Policy, early engagement with key stakeholders was carried out during November 2023. Methods included circulating a web survey to key stakeholders via email, publication in “FYI”, media release, advertisements on Dunedin City Council’s (DCC) social media page, and a People’s Panel survey.
14 Questions focussed on rules about some specific locations, satisfaction with controls and more general questions. The survey also sought feedback on satisfaction with dog exercise parks, long-life metal registration tags and dog poo bag vouchers.
15 Key stakeholder engagement included SPCA, rῡnaka, Community Boards, Department of Conservation (DoC), Blind Foundation, the Police, surf lifesaving clubs, Athletics Otago as well as dog owners and non-dog owners.
Web survey results
16 There were 383 responses to the web survey which ran from 1-30 November 2023. Of these the majority (70%) were dog owners and 29% were not dog owners.
17 See Attachment D for the full web survey results and key findings.
People’s Panel survey results
18 The Dunedin People’s Panel is an online panel of people who want the opportunity to give feedback on a range of DCC issues can opt in to. At the time of the survey, there were around 1,200 people on the panel.
19 There were 239 responses to the People’s Panel survey. Of these, 58% did not own a dog and 42% did own a dog.
20 See Attachment E for the full People’s Panel results and key findings.
Social media feedback
21 On 1 and 27 November 2023, the DCC Facebook page posted information about the Dog Control Bylaw and Policy review. These posts provided links to early engagement questions. 8,046 users saw the first post and 793 engaged with the content (i.e. liked, shared, reacted or commented). 12,711 users saw the second post and 1,237 engaged with the content.
22 The main topics discussed in the social media chat were enforcement, education, compliance, signage, cats, dog swim areas, wandering dogs, dogs in the CBD, dog poo bins and dog parks.
Other councils
22. Staff also researched other councils’ approach to dog control best practice. The proposed updated Bylaw and Policy have been informed by the Christchurch City Council’s 2016 Dog Control Bylaw and Policy model. This seeks to better inform and engage dog owners by providing clear information and explanations.
Proposals
23 Our early engagement suggests that while many current controls work well, there are some opportunities for improvement.
24 These include:
· improving opportunities for the recreational needs of dogs and their owners
· minimising the potential for danger, distress or nuisance to people, other animals, protected wildlife, and
· making the Bylaw and Policy clearer and simpler to read.
25 Proposed changes are summarised in the tables below. For current rules, reasons for proposed changes and an analysis of options, as required by the LGA and the Act, see the SOP at Attachment C.
Improving opportunities for the recreational needs of dogs and their owners
Proposed change |
|
Octagon, Library Plaza and the areas of Princes Street and George Street between the Exchange and Knox Church |
Allow dogs on leash - but not allowed to be left tied up and unattended |
King Edward Street, South Dunedin between Hillside and Macandrew Roads |
Allow dogs on leash - but not allowed to be left tied up and unattended |
Ross Creek tracks – excluding the track around the Reservoir |
Allow dogs off leash |
Te Rauone Beach – ONLY the beach south of Te Rauone Reserve |
Allow dogs off leash |
Pῡrākaunui Beach |
Allow dogs off leash |
Mosgiel Memorial Garden – track only |
Allow dogs on leash |
Woodside Glen – unformed legal roads |
Allow dogs off leash on unformed legal roads |
Frasers Gully Recreation Reserve – track |
Allow dogs off leash on the track |
Jubilee Park – tracks |
Allow dogs off leash |
Bethunes Gully - picnic area |
Allow dogs off leash |
McGouns track |
Allow dogs off leash |
Minimising potential for danger, distress or nuisance
Location/Topic |
Proposed change |
Limiting dog numbers per owner in public places |
Limit the number of dogs a person may have in their charge in a public place to six (6) with no more than two (2) off- leash at any time |
All coastal dune areas including access pathways |
Dogs must be on leash, but are not allowed in any coastal dune areas that are prohibited areas |
Westwood Recreation Reserve – from Ocean View carpark to Kaikorai Estuary |
Dogs must be on leash |
Caledonian Grounds |
Dogs are not allowed within the grounds |
Other proposed changes
Topic |
Proposed change |
Exemptions for dogs from restricted areas |
Council may exempt dogs from the requirements that otherwise apply in restricted areas with written permission |
Playgrounds definition |
Definition is within one metre of fenced or surfaced playground area, or playground equipment, and includes skateparks and outdoor basketball areas |
Right of review |
An owner affected by a decision made under the bylaw may apply in writing to the Chief Executive for a review of the decision within 14 days after receiving notification of the decision. (This does not apply to dangerous dog etc. classifications which are decisions made under the Act and are subject to the objection process in the Act.) |
Making the Bylaw and Policy clearer and simpler
26 Some of the changes to make the Bylaw and Policy clearer and to avoid confusion are:
· adding explanatory notes;
· removing the current set of maps from the Bylaw, replacing these with schedules and
· retaining an interactive map which can be used as a guide (but is not part of the Bylaw or Policy).
27 See Attachment F for the current Dog Control Bylaw 2016 and see Attachment G for the current Dog Control Policy 2016.
New Zealand Bill of Rights Act 1990 (NZBoRA) implications
28 The Council and its Committees must ensure that any bylaw doesn’t unreasonably limit the right to certain freedoms under the NZBoRA.
29 The intent of dog control bylaw is the prevention of harm (either to people, wildlife, other animals, or property). In this sense, limiting the movement of people (when accompanied by their dogs) in some public places and for specified reasons, is a proportionate response and is considered a justified limitation for the prevention of harm.
Consultation
30 The Act requires that the SCP is used for the review of the Bylaw and the Policy and consultation. It is proposed that this is conducted from Monday 10 June until Friday 19 July 2024. This meets the LGA requirement that consultation is open for at least one month.
31 Engagement methods will include sending information to dog owners, advertising on the DCC website, social media pages, on the Otago Daily Times noticeboard and in The Star, a media release, and “FYI” article. Key stakeholders will be advised of the review and invited to comment. Stakeholders include the Society for the Prevention of Cruelty to Animals, Community Boards, Yellow-Eyed Penguin Trust, Wildlife Hospital, Department of Conservation, Blind Foundation, the Police, surf lifesaving clubs, Athletics Otago, bird clubs, dog owners and non-dog owners.
32 There will be the opportunity for people to present their views at hearings after July.
OPTIONS
33 Given the statutory requirement for this review, the two main options are to approve the proposed Bylaw and proposed Policy for consultation with or without any amendments. The third option of not having a bylaw and policy would not meet legislative requirements.
Option One – Approve the draft Bylaw and draft Policy, and adopt the statement of proposal for consultation (Recommended)
· The draft Bylaw and draft Policy are informed by early engagement and feedback.
· The proposed Bylaw, Policy, SOP and review process comply with the Act and LGA statutory requirements including the SCP.
· Feedback will inform Dunedin’s dog control matters and decision-making
· Proposals will improve opportunities for recreational needs of dogs and their owners.
· Proposals will minimise potential for danger, distress or nuisance.
· Proposals will make the Bylaw and Policy clearer and simpler.
Disadvantages
· There are no known disadvantages.
Option Two – Approve the draft bylaw and draft policy, and adopt the statement of proposal for consultation, with amendments
34 This is the same as Option One, but with any amendments specifically recorded in the Committee’s resolutions.
Option Three – Do not have a Dog Control Policy or Dog Control Bylaw
Advantages
· There are no known advantages.
Disadvantages
· The Council would be in breach of Dog Control Act requirements.
NEXT STEPS
35 When the Committee approves the Bylaw, Policy and SOP for consultation, the following proposed next steps are:
Action |
Timeframe |
Consultation – using special consultative procedure |
Monday 10 June until Friday 19 July 2024 |
Hearings |
Around August/September 2024 |
Hearings Committee report to the Council with proposed final bylaw and policy |
To be confirmed |
Signatories
Author: |
Anne Gray - Policy Analyst |
Authoriser: |
Ros MacGill - Manager Compliance Solutions Claire Austin - General Manager Customer and Regulatory |
|
Title |
Page |
⇩a |
Proposed Dunedin Dog Control Bylaw |
37 |
⇩b |
Proposed Dunedin Dog Control Policy |
44 |
⇩c |
Proposed Statement of Proposal for Dog Control Bylaw and Dog Control Policy review |
63 |
⇩d |
Web survey results |
74 |
⇩e |
People's Panel report |
91 |
⇩f |
Current Dog Control Bylaw |
113 |
⇩g |
Current Dog Control Policy |
125 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities. This decision promotes the social well-being of communities in the present and for the future. |
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Fit with strategic framework
Review of the bylaw and policy contributes to priorities of ‘safe people’ in the Social Wellbeing Strategy, ‘healthy environment’ in Te Ao Tῡroa, ‘liveable city’ in the Spatial Plan, and ‘treasuring parks’ and ‘open spaces supporting communities to thrive’ in the Parks and Recreation Strategy. |
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Māori Impact Statement Local rῡnaka are identified as stakeholders and are being engaged with as part of this review. |
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Sustainability The proposed Bylaw and Policy contribute to environmental sustainability as they aim to minimise potential for danger, distress or nuisance to the community generally including, for example, removal of dog faeces from public places and protection of wildlife. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for these strategies and plans. Timing of consultation has been planned so as to not confuse other engagement and consultation processes. |
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Financial considerations There are no financial implications. The changes proposed to the bylaw and policy will be administering within existing operational budget. |
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Significance This decision is considered low-medium in terms of the Council’s Significance and Engagement Policy. It is anticipated that there will be strong interest in the review with some divided views amongst the community. |
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Engagement – external Early engagement was carried out in November 2023 and the results are presented in this report. The special consultative procedure must be used when reviewing the Bylaw and the Policy and this is planned for June/July 2024. Key stakeholders include Community Boards, Society for the Prevention of Cruelty to Animals, Yellow-Eyed Penguin Trust, Wildlife Hospital, Department of Conservation, Blind Foundation, the Police, surf lifesaving clubs, Athletics Otago, bird clubs as well as dog owners and non-dog owners. |
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Engagement - internal There has been internal engagement with In-House Legal Counsel, Parks and Recreation, Business Information Services, and Communications and Marketing. |
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Risks: Legal / Health and Safety etc. There are no identified legal or health and safety risks with this proposal. The draft Bylaw and Policy have had external legal review. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards are identified as key stakeholders and are being engaged with as part of this review. |
Customer & Regulatory Services Committee 21 May 2024 |
Trading in Public Places Bylaw review
Department: Customer and Regulatory
EXECUTIVE SUMMARY
1 The Trading in Public Places Bylaw (The Bylaw) was made on 27 October 2020 and came into effect on 1 January 2021. The Local Government Act 2002 (The Act) requires that a bylaw must be reviewed within five years after being made.
2 This report recommends that the Customer and Regulatory Committee (the Committee) determines that a bylaw continues to be the most appropriate way to address public trading issues in Dunedin.
3 It seeks approval to commence review of the Trading in Public Places Bylaw 2020 (the Bylaw).
4 The Act requires these decisions to be made before commencing the bylaw review.
5 See Attachment A for the Bylaw.
That the Committee:
a) Determines that a bylaw is the most appropriate way to address public trading issues in Dunedin.
b) Approves commencement of the review of the Trading in Public Places Bylaw.
BACKGROUND
Purpose of bylaws
6 Under the Act, bylaws can be made for one or more of the following general purposes: protecting the public from nuisance; protecting, promoting, and maintaining public health and safety; and minimising the potential for offensive behaviour in public places (section 145).
7 The Act also allows bylaws to be made specifically to regulate trading in public places (section 146(1)(a)(vi).
Dunedin Bylaw history and purpose
8 The Bylaw was made on 27 October 2020 with the date of effect 1 January 2021. It replaced the Mobile Trading and Temporary Stall Bylaw which had been in place for more than 30 years regulating mobile trading and temporary stalls only.
9 As substantial changes were intended, the Mobile Trading and Temporary Stall Bylaw was revoked, and a new bylaw was made.
10 From 2021, the Bylaw required permits for a wider range of public trading activities than were addressed in the previous Mobile Trading and Temporary Stall Bylaw, including rental scheme operators (e.g. e-scooter companies), street fundraising, street performing, touting, and commercial use of footpaths. Requirements within the Bylaw include operators complying with conditions of their permit and that safe pedestrian access in public places is maintained. Under the Bylaw, the Council may charge a fee for permits.
11 The Act requires that a new bylaw is initially reviewed within five years of being made. Thereafter the review period is ten years.
12 While the purpose of the Bylaw is to “provide reasonable controls to protect health and safety, to protect the public from nuisance and to regulate trading in public places” it is also important to acknowledge the benefits that public trading can contribute to the city, including vibrancy, liveliness and attractive lifestyle options.
DISCUSSION
Bylaw is appropriate
13 Before commencing the bylaw review process, Council is required to determine whether a bylaw is the most appropriate way to address the perceived issue.
14 A bylaw is still proposed to be the most appropriate way to address issues with public trading in Dunedin. Initial evidence indicates that the Bylaw works well. Operators generally comply with the Bylaw and the relevant trading conditions. Along with a balance of education, the Bylaw ensures appropriate standards of health and safety, and pedestrian access are maintained for all people using our public places including people with disabilities. For example, the introduction of rental scheme operations (such as e-scooter companies) as a trading activity in 2021 means that these companies now require a permit to operate. They are required to pay a fee and comply with conditions (including always maintaining safe pedestrian access).
15 Without a bylaw, there is a risk that operators trade in public places without any health and safety or pedestrian access controls. The Council would have limited mechanisms to manage issues should they arise. Education alone is considered insufficient to manage public place trading in Dunedin.
16 The review will consider how well the Bylaw is working for each of the trading activities, and if there are opportunities for improvement.
Review of trading conditions
17 While the Bylaw requires trading operators to comply with conditions for their trading activity, the conditions themselves sit outside and are separate to the Bylaw. These conditions are monitored and can be reviewed by staff and amended as needed with appropriate levels of community engagement. This allows flexibility to respond to changing needs without the requirement to amend the Bylaw itself, which can only be done by use of the special consultative procedure process and Council resolution.
18 As an example, the code of practice conditions for rental e-scooter operators were updated recently, to meet evolving best practice, and in preparation for the tender process for permit renewal. Mobile trading sites and street performing conditions are also able to be updated to align with city upgrades.
19 Particular attention is planned for the conditions and sites for mobile trading and for street performing. While separate to the Bylaw review, this work will be carried out around the same time.
Special consultative procedure
20 The Act requires the use of the special consultative procedure as part of the review.
OPTIONS
21 Options are whether a bylaw is the most appropriate way to address trading in public places issues in Dunedin and whether to permit the bylaw review process to commence.
Option One – The Bylaw is the most appropriate way to address related issues in Dunedin (recommended)
Advantages
· Bylaw ensures management of appropriate standards of health and safety, and pedestrian access across all public trading operators.
· Bylaw provides the means to address issues arising from public trading in Dunedin.
Disadvantages
· There are some administrative costs of managing the Bylaw.
Option Two – A Bylaw is NOT the most appropriate way to address trading in public places issues in Dunedin
Advantages
· Administrative overheads could potentially be reduced.
Disadvantages
· Appropriate standards of health and safety, and pedestrian access may not be maintained with education and information alone.
The DCC would have limited mechanisms to protect public health and safety and minimise offensive behaviour and public nuisance in the event that issues arise from public trading. NEXT STEPS
22 Once the review commences, next steps are to carry out early engagement before reporting back to the Committee with a draft Statement of Proposal and draft Bylaw.
23 The draft Bylaw will incorporate any proposed changes. The recommendation will then be to approve a draft Bylaw and draft Statement of Proposal for consultation using the special consultative procedure, as required by the Act.
Signatories
Author: |
Anne Gray - Policy Analyst |
Authoriser: |
Ros MacGill - Manager Compliance Solutions Claire Austin - General Manager Customer and Regulatory |
|
Title |
Page |
⇩a |
Trading in Public Places Bylaw |
138 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities and promotes the social and economic well-being of communities in the present and for the future. |
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Fit with strategic framework
The proposal to review the Bylaw contributes to most of the strategic framework as the Bylaw purpose is to “provide reasonable controls to protect health and safety, to protect the public from nuisance and to regulate trading in public places”. In doing so, it is important to acknowledge the benefits of trading in public places including vibrancy, liveliness and attractive lifestyle options for the city. |
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Māori Impact Statement There are no known specific impacts for tangata whenua. |
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Sustainability There are no known implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for these documents. |
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Financial considerations There are no financial implications as management of the Bylaw is carried out within existing budgets. |
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Significance The decision to commence review of the Bylaw is considered low in terms of the Council’s Significance and Engagement Policy. The Act requires that the special consultative procedure is used to review the Bylaw. |
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Engagement – external There has been no external engagement to date. Once the review commences, there will be early engagement with key stakeholders followed by formal consultation. |
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Engagement - internal There has been initial internal engagement with Transport, Urban Design, Creative Partnerships, Compliance Solutions, Governance, Communications and Marketing, and In-House Legal Services. |
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Risks: Legal / Health and Safety etc. There are no identified risks. |
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Conflict of Interest There is no known conflict of interest. |
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Community Boards There are no specific implications for Community Boards. |
Customer & Regulatory Services Committee 21 May 2024 |
Customer and Regulatory Issues and Trends Report
Department: Customer and Regulatory, Customer Services Agency and Community and Planning
EXECUTIVE SUMMARY
1 Please see the attached Customer and Regulatory Issues and Trends report for the six months to 31 March 2024.
2 As this report is an administrative report only, there are no options or Summary of Considerations.
That the Committee:
a) Notes the Customer and Regulatory Issues and Trends report.
Signatories
Author: |
Paul Henderson - Building Services Manager Hayley Browne - Manager Customer Services Ros MacGill - Manager Compliance Solutions Alan Worthington - Resource Consents Manager |
Authoriser: |
Claire Austin - General Manager Customer and Regulatory |
|
Title |
Page |
⇩a |
Customer and Regulatory Issues and Trends report |
147 |