Use of the term “Public Roads not Legal” in the Dog Control Bylaw 2016

Karen Anderson made this Official Information request to Dunedin City Council

Response to this request is long overdue. By law Dunedin City Council should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Karen Anderson

Dear Dunedin City Council,

My preference is to receive the requested information by email.

The Dog Control Bylaw maps identify roads by a black line. A number are designated “Public Roads not Legal, allowed on leash”, which is a category included in the legend as well. Inspection of publicly available records shows land to which this designation has been applied is not part of a road reserve.

The Dog Control Bylaw 2016 defines roads as having the same meaning as section 315 of the Local Government Act 1974. That section does not provide for any category of road that might be understood to mean a public road that is not legal.

I have been unable to locate the category of "Public Roads not legal" in any legislation, regulation or information relating to roads published by any official entity in New Zealand.

Accordingly I have been requested by members of the Dunedin Dog Bylaw Group to ask for the legislation or case-law that authorises the creation of this category of road.

I have also been asked to request the name, date, page and paragraph number of all documents where the intention to distinguish this category of roads was disclosed, consulted and decided during the 2016 Dog Control Bylaw Review.

Yours faithfully,
Karen Anderson

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