Prohibition of Dogs in Carnival Park Scenic Reserve

Peter Russell made this Official Information request to Department of Conservation

The request was successful.

From: Peter Russell

Dear Department of Conservation,

Noting that:

Until recently a "no dogs" sign was attached to the entrance sign at Carnival Park, Pahiatua (which is immediately adjacent to the campground and parkland administered by Tararua District Council and serves as the only public route to the Scenic Reserve), and

The Department's website states that "our native wildlife needs as much protection as we can provide. Even the most obedient, domesticated dogs and cats can reveal their predatory instincts in the wild.” https://www.doc.govt.nz/parks-and-recrea... and

Dogs are prohibited at similar sites in the Manawatu/Whanganui Region (including Gordon Park Scenic Reserve, Manawatu Gorge Scenic Reserve, Paengaroa Scenic Reserve and Papaitonga Scenic Reserve), and

Ample opportunities for dog walking and exercise exist elsewhere in Pahiatua,

Are dogs prohibited in Carnival Park Scenic Reserve?

Alternatively, does the Department intend to prohibit dogs in Carnival Park Scenic Reserve?

If the response to both questions is no, does the Department intend to consider the need to prohibit dogs from Carnival Park Scenic Reserve?

If so, please provide details, including the process it will use and the time frame involved. If not, please explain why.

Yours faithfully,
Peter Russell

Link to this

Department of Conservation

Kia ora Peter

Thank you for your official information request to the Department of
Conservation.
Your reference number is OIAD-1291.

We will endeavour to respond to your request as soon as possible and no
later than 24/08/2021, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe.

If you have any queries email us at [1][email address]. 

Ngā mihi

Government Services
Department of Conservation
Te Papa Atawhai

Privacy: Your details have been recorded in DOC's workflow system and will
be used to provide you with a response to, and communicate with you about,
your request. Records are retained, used and disposed of in accordance
with the Privacy Act 1993 and the Public Records Act 2005. See our
[2]privacy statements for more information about how DOC manages personal
information.

Caution - This message and accompanying data may contain information that
is confidential or subject to legal privilege. If you are not the intended
recipient you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you received this email
in error, please notify us immediately and erase all copies of the message
and attachments. We apologise for the inconvenience. Thank you.

References

Visible links
1. mailto:[email address]
2. https://www.doc.govt.nz/footer-links/pri...

Link to this

Mike McGavin left an annotation ()

I'm not from DOC or a lawyer (just random commenting), but the DOC's online DOCGIS land database indicates that Carnival Park Scenic Reserve is definitely a legal scenic reserve under section 19(1)(a) of the Scenic Reserves Act.

Elsewhere in that Act, section 122A(2), and also 26ZT of the Conservation Act, both state that scenic reserves declared under s19 cannot lawfully be "Open Dog Areas". Legally DOC's still allowed to treat a scenic reserve as a "Controlled Dog Area", for which according to Conservation Act section 51M a dog is allowed if a person has a dog control permit (and keeps it under control, etc).

Sometimes when there are conditions of permits (like with radio communications, there are cases where an agency can issue a general permit for everyone to do something, but I don't think that's the case here.

Following the references in the legislation, the DG of Conservation can issue permits for taking dogs into controlled dog areas under Conservation Act section 26ZZH, but I can't see how there could be such a thing as a general permit for everyone who visits because that section states that a person with a permit must carry the permit with them whenever in a controlled dog area with the dog.

Maybe I'm wrong but I can't see how it can be lawful to have a dog in a scenic reserve without a very specific permit.

Anyway.... is it possible someone just ripped the sign down and nobody's yet informed DOC? I'm not directly familiar with Carnival Park Scenic Reserve, but in other places I've seen signs-that-some-people-don't-like just mysteriously go missing from time to time, maybe because some people think they know better, and often it needs someone to report it before a relevant council or agency becomes aware of it.

Link to this

Department of Conservation

Kia ora Peter

Thank you for your request received on 27/07/2021 to the Department of
Conservation.

Please find attached our response to your request.

If you have any queries email us at [1][email address]. 

Ngā mihi

Government Services
Department of Conservation
Te Papa Atawhai

Caution - This message and accompanying data may contain information that
is confidential or subject to legal privilege. If you are not the intended
recipient you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you received this email
in error, please notify us immediately and erase all copies of the message
and attachments. We apologise for the inconvenience. Thank you.

References

Visible links
1. mailto:[email address]

Link to this

Department of Conservation


Attachment OIAD 1291 Response Russell.pdf
129K Download View as HTML


Kia ora Peter

Thank you for your request received on 27/07/2021 to the Department of
Conservation.

Our apologies, the email we sent through several minutes ago was missing
our letter of response. Please find attached our response to your request.

If you have any queries email us at [1][email address]. 

Ngā mihi

Government Services

Department of Conservation

Te Papa Atawhai

References

Visible links
1. mailto:[email address]

Link to this

Things to do with this request

Anyone:
Department of Conservation only: