PART 05: DOG CONTROL
5.1
TITLE AND COMMENCEMENT
5.1.1
The Dunedin City Council makes the Dunedin City Dog Control Bylaw 2016 pursuant
to section 20 of the Dog Control Act 1996 and section 145 of the Local Government
Act 2002.

5.1.2
This bylaw is administered by the Dunedin City Council.

5.1.3
This bylaw comes into force on 1 July 2016.

5.2
FORMER BYLAWS REVOKED
5.2.1
The Dunedin City Council Dog Control Bylaw 2004 is revoked on 1 July 2016.

5.2.2
All bylaws of the Dunedin City Council already in force must be read subject to this
bylaw.

5.2.3
In the event of conflict between the provisions of any  former bylaw and the
provisions of this bylaw, the provisions of this bylaw shall prevail.

5.3
PURPOSE
5.3.1
The purpose of this bylaw is to give effect to the Dunedin City Dog Control Policy
2016 by:

(a)  Protecting the wel -being and safety of both animals and people;

(b)  Regulating the public places where a dog may be taken by its owner, and the
method of control of the dog; and

(c)  Limiting the number of dogs that may be kept on any premises;

(d)  Requiring the owner of any dog that defecates in any public place to immediately
remove the faeces; and

(e)  Requiring the owner to neuter a dog which has not been kept under control on
more than one occasion.

(f)  Provide for the enforcement of this bylaw by prescribing offences for
contravening or permitting a contravention of this bylaw.

5.4
INTERPRETATION
5.4.1
In this Bylaw, unless the context requires otherwise:

Act – means the Dog Control Act 1996

Animal  Control  Officer  –  has  the  same  meaning  as  'Dog  Control  Officer'  as
appointed under  section 11 of the Act.

Cemetery  –  means  any  land  or  premises  for  the  burial  and/or  cremation  of  the
dead and includes a closed cemetery and Urupa (Maori burial ground).

Commercial Areas – means:

(a)  the Octagon, the Civic Centre, the Library Plaza and those areas of Princes Street

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and George Street which lie between the Exchange and Knox Church or

(b)  King Edward Street, South Dunedin between Hil side and Macandrew Roads.

Dangerous dog – means a dog classified in accordance with section 31 of the Act.

Disability assist dog – has the same meaning given to it in section 2 of the Act.

District  –  means  that  area  within  the  Dunedin  City  Council  territorial  authority
boundaries.

Dog control fee - means any fee prescribed under section 37 of the Act.

Dog control officer - means a dog control officer appointed under section 11 of the
Act and  includes a warranted officer exercising powers under section 17 of the Act.

Designated Dog exercise area - means an area that is designated by Dunedin City
Council  resolution  for  use  as  a  place  for  exercising  dogs  and  includes  a  designated
dog exercise area  and small dog park.

Dog  ranger  -  means  a  dog  ranger  appointed  under  section  12  of  the  Act,  and
includes an  honorary dog ranger.

Domestic animal – includes:

(a)  any animal (including a bird or reptile) kept as a domestic pet;

(b)  any working dog; or

(c)  any other animal kept by any person for recreational purposes or for the
purposes of that person's occupation or employment.

Infringement offence - has the meaning given to it in section 65(1) of the Act.

Marked  Playing  Surfaces  –  is  that  area  of  land  in  use  for  sports  activities
(excluding golf  courses)

Menacing  dog  -  means  a  dog  classified  in  accordance with  section  33A  or  section
33C of the  Act.

Neutered  dog  -  means  a  dog  that  has  been  spayed  or  castrated  and  does  not
include a dog  that has been vasectomised.

Owner – means every person who:

(a)  Owns a dog; or

(b)  Has possession of the dog,  whether the dog is at large or in confinement,
otherwise than for the sole purpose of restoring a lost dog to its owner; or

(c)  Is the parent or guardian of and shares a household with a person under the age
of 16 years who is the owner of the dog pursuant to paragraph (a) or (b) of this
definition; but does not include any person who has seized or taken custody of
the dog under the Dog Control Act 1996 or the Animal Protection Act 1960 or any
regulation made under either of those Acts.

Playground  -  means  any  children's  playground  equipment  provided  or  maintained
by  the  Council for public use and includes a skateboarding facility.

Private  way  -  has  the  meaning  given  to  it  by  section  315(1)  of  the  Local

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Government Act 1974.

Protected wildlife – means:

(a)  Any animal for the time being absolutely protected pursuant to section 3 of the
Wildlife Act 1953; and

(b)  Any animal for the time being partial y protected pursuant to section 5 of the
Wildlife Act 1953, other than an animal in such circumstances that it may be
hunted or kil ed under the authority of subsection (2) of that section; and

(c)  Any animal that is a marine mammal within the meaning of the Marine Mammals
Protection Act 1978

Public Place – means a place that, at any material time, is open to or is being used
by the  public, whether  free or  on payment of  a charge,  and whether  any  owner or
occupier of  the  place  is  lawful y  entitled  to  exclude  or  eject  any  person  from  that
place  and  includes  any  aircraft,  hovercraft,  ship  or  ferry  or  other  vessel,  train,  or
vehicle  carrying  or  available  to  carry passengers for reward.

Registration  year  -  has  the  same  meaning  as  that  given  to  the  term  "financial
year"  by  section  5  of  the  Local  Government  Act  2002.  Currently  this  is  defined  as
from the 1st day of  July in any one year to the 30th day of June the fol owing year.

Residential zoned land - as identified in the operative District Plan.

Rural-residential zoned land - as identified in the operative District Plan.

Road – has the same meaning as in section 315 of the Local Government Act 1974.

Small breed dog park - means a designated dog exercise area in which only dogs
weighing  less than eight kilograms may be permitted.

Stock – means:

(a)  Any live horse, cattle, sheep, swine, alpaca, l ama, bison, donkey, hinny, mule,
or water buffalo that is not in a wild state:

(b)  Any deer, goat, tahr, rabbit, possum, or other animal that is kept within a fence
or enclosure for domestic or farming purposes

Warranted  officer  -  means  any  person  who  is  for  the  time  being  a  warranted
officer within  the meaning of the Conservation Act 1987.

Working Dog – has the same definition as in the Act and includes:

(a)  any disability assist dog

(b)  any dog:

i.
kept  by  the  Police  or  any  constable,  the  Customs  Department,  the
Ministry  for  Primary Industries or the Ministry of Defence, or any officer or
employee of any such  Department  of  State  solely  or  principal y  for  the
purposes  of  carrying  out  the  functions,  powers,  and  duties  of  the
Police  or  the  Department  of  State  or  that  constable,  officer,  or
employee; or,

ii.  kept solely or principal y for the purposes of herding or driving stock; or,

iii.  kept by the Department of Conservation or any officer or employee of that

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department  solely  or  principal y  for  the  purposes  of  carrying  out  the
functions,  duties,  and  powers  of  that  department;  or,  kept  solely  or
principal y for the purposes  of  destroying  pests  or  pest  agents  under  any
pest management strategy under the  Biosecurity Act 1993; or

iv.  kept  by  the  Department  of  Corrections  or  any  officer  or  employee  of  that
Department  solely  or  principal y  for  the  purposes  of  carrying  out  the
functions,  duties, and powers of that Department; or

v.  kept  by  the  Aviation  Security  Service  established  under  section
72B(2)(ca)  of  the  Civil  Aviation  Act  1990,  or  any  officer  or  employee  of
that  Service  solely    or  principal y  for  the  purposes  of  carrying  out  the
functions, duties, and powers of that  Service; or

vi.  certified  for  use  by  the  Director  of  Civil  Defence  Emergency
Management  for  the  purposes  of  carrying  out  the  functions,  duties,  and
powers  conferred  by  the  Civil  Defence Emergency Management Act 2002;
or

vii.  owned by a property guard as defined in section  9 of the Private Security
Personnel  and  Private  Investigators  Act  2010  or  a  property  guard
employee  as  defined  in  section  17  of  that  Act,  and  kept  solely  or
principal y  for  the  purpose  of  doing  the  things specified in section 9(1)(a)
to  (c) of that Act; or

viii.  declared  by  resolution  of  the  territorial  authority  to  be  a  working  dog
for  the  purposes  of  the  Act,  or  any  dog  of  a  class  so  declared  by  the
authority,  being  a  dog  owned  by  any  class  of  persons  specified  in  the
resolution and kept solely or  principal y  for  the  purposes  specified  in  the
resolution  and  does  not  include  a  dog  kept for the purpose of recreational
hunting.

5.5
SHELTER FOR DOGS
5.5.1
The owner of any dog must provide:

(a)  a weatherproof kennel of adequate size and on wel  drained land, or other place
of confinement (which may include any dwel ing); and

(b)  access to clean water and food; and

(c)  clean and sanitary conditions.

5.5.2
Where a premise is unfenced, the owner of a dog must restrain the dog by a fixed
chain or running wire which allows the dog free movement.

5.5.3
No owner of any dog shall keep it in any kennel or place of confinement within two
metres to any boundary of neighbouring premises. This clause does not apply to dogs
confined within a dwelling house.

5.6
CONTROL OF DOGS
5.6.1
The owner and any person for the time being having charge of any dog shall ensure
that the dog does not enter or remain in any public place unless it is under
continuous control on a leash except:

(a)  in designated dog exercise areas described in Schedule A; and

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(b)  areas described in Schedule B as permitting dogs to be off leash  but only
between half an hour before sunrise until half an hour after sunset; and

(c)  areas described in Schedule C; and

(d)  any other areas shown in the Schedule E maps as being permitted off leash but
only between half an hour before sunrise until half an hour after sunset.

5.6.2
Owners must ensure that dogs off leash are under effective control at al  times, and
that any restrictions described in any schedule are complied with.

5.6.3
Clause  5.6.1  does not apply to a working dog carrying out the work in respect of
which the dog has been registered.

5.6.4
Dog owners must carry a leash with them at all times.

5.6.5
Dog owners must place their dogs on a leash within 20 metres of protected wildlife.

5.7
DESIGNATED DOG EXERCISE AREAS
5.7.1
Dogs weighing more than eight kilograms may not be allowed inside the boundaries
of any smal  dog park.

5.8
PUBLIC PLACES IN WHICH DOGS ARE PROHIBITED
5.8.1
Dogs are prohibited at all times in those places listed in Schedule D.

5.8.2
If, in the opinion of the Animal Control Officer, there is or is likely to be harm caused
to people or animals in any area, temporary prohibitions of the entry of dogs may be
made to specified places. The temporary prohibition wil  take effect from the time
signage is placed at the points of entry to the affected area and wil  end when
signage is removed by an Animal Control Officer.

5.8.3
The Council may, by resolution, make areas permanently prohibited to dogs.

5.8.4
Permanent prohibitions will be publicly notified.

5.9
FOULING IN PUBLIC PLACES
5.9.1
The owner of any dog that is in a public place must carry and display a bag or other
receptacle suitable for the removal of faeces.

5.9.2
The owner of any dog that defecates in a public place or on land or premises other
than that occupied by the owner must immediately remove the faeces.

5.9.3
Where a public litter bin or similar receptacle is used to dispose of the faeces, they
must be suitably wrapped or contained to prevent fouling the receptacle.

5.10
INFECTIOUS OR DISEASED DOGS
5.10.1  No person being the owner or having control or charge of any infectious or diseased
dog may take that dog into any public place except while being taken to a veterinary
clinic.

5.11
FEMALE DOGS IN SEASON
5.11.1  Every person that is the owner of any female dog in season must at all times keep

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that dog confined so that it does not enter or remain on any place except the
premises occupied by the owner.

5.11.2  Any female dog in season must be  adequately exercised only on private land
occupied by the owner of the dog or other private land with the consent of the
occupier.

5.11.3  Clause 5.8.1 does not apply when that dog is being taken to a veterinary clinic.

5.12
DOGS ADOPTED FROM THE POUND
5.12.1  The owner of any dog adopted from the Council pound must present a certificate to
an Animal Control Officer stating the dog is a neutered dog within one month of the
adoption date.

5.13
NUISANCES
5.13.1  If, in the opinion of the Council, any dog or dogs on any premises has become or is
likely to become a nuisance, the Council may, by notice in writing, require the owner
or occupier of the premises within a time specified in such notice, to do all or any of
the following:

(a)  Reduce the number of dogs kept on the premises;

(b)  Order the permanent removal of a particular dog on a property;

(c)  Construct, alter, reconstruct or otherwise improve the kennels, places of
confinement or other buildings used to house or contain such dog or dogs;

(d)  Require such dog or dogs to be tied up or otherwise confined during specific
periods;

(e)  Take such other action as the Council deems necessary to minimise or remove
the likelihood of nuisance.

5.13.2  The owner of every dog shall ensure it does not create a nuisance by:

(a)  Obstructing the lawful passage of persons in public places;

(b)  Rushing and frightening persons in a public place or lawful y on private property;

(c)  Destroying, tear or otherwise interfere with any refuse container whether the
container is on private property or in a public place.

5.14
PERMIT TO KEEP MORE THAN ONE DOG
5.14.1  No more than one dog of register-able age (whether or not such a dog is registered)
may be kept on any premises unless:

(a)  The owner or occupier is the holder of a permit to keep two or more dogs; or,

(b)  The premises are zoned rural or rural/residential in the operative Dunedin City
District Plan.

5.14.2  No permit shal  be granted to the owner or occupier of any premises if the premises
by reason of inadequate fencing, size, location or detrimental effect on any other
premises would be inappropriate for the housing of two or more dogs.

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5.14.3  If the property in which the dog owner resides is leased/rented, the written consent
of the property owner is required to keep two or more dogs on that property. A copy
of this consent must be provided to the Council with the application for the permit.

5.14.4  A permit issued under this Clause is subject to the conditions set by the Council. Any
breach of such conditions or other terms or restrictions shall be a breach of this
Bylaw.

5.14.5  Any permit may be revoked by the Council for breach of conditions or, in the event of
change of circumstances relating to the premises, the owner or occupier or the
animals kept on the premises.

5.14.6  Applications for permits to keep more than one dog shall be made on the form
supplied by the Council and shall provide such information in respect of the
application as the Council may reasonably require.

5.14.7  There shall be paid to the Council for every such permit an inspection fee which the
Council may from time to time by resolution publicly notified prescribe, and on each
1st day of July following the date of issue, an annual fee may be charged for the
fol owing 12 months.

5.14.8  The fee for such permits shall be payable in addition to the registration fees payable
under the Dog Control Act 1996.

5.15
NEUTERING OF DOGS
5.15.1  The Council may require the owner of any dog (being a dog that, on a number of
occasions, has not been kept under control) to have the dog neutered or spayed
whether or not the owner of the dog has been convicted of an offence against section
53 of the Act.

5.16
OFFENCES
5.16.1  Every person who contravenes or permits a contravention of this bylaw commits an
offence.

5.16.2  Every person who commits an offence under this bylaw is liable to a penalty under
section 242(4) of the Local Government Act 2002 or section 20(5) of the Dog Control
Act 1996.

5.17
SAVINGS
5.17.1  Every licence issued under the Dunedin City Council Dog Control Bylaw 2004 to keep
more than one dog shall continue in effect unless revoked under clause 5.10.

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SCHEDULE A - DESIGNATED DOG EXERCISE AREAS
(Refer to Maps in Schedule E)
Those areas marked with signs in the following locations and which are shown on the  maps
within Schedule E:

Cemetery Road – East Taieri
Forrester Park – Norwood Street
Kew Park – Corner of Easther Crescent and Forbury Road
Rotary Park – Highcliff Road
Shand Park – Brighton Road, Green Island
Shand Park – Brighton Road, Green Island – small breed dog-park
Wakari Reserve

SCHEDULE B - AREAS WHERE SPECIFIC CONTROLS APPLY
(Refer to Maps in Schedule E)
(Explanatory Note: the written description of the areas listed below must be read together
with the maps in Schedule E.)

For all areas listed below dogs may be off a leash during daylight hours unless otherwise
stated.

Cemeteries
Dogs under continuous control on a leash are permitted in cemeteries owned by DCC.

Chisholm Park Golf Course
Schedule E outlines two areas of this golf course:

1
The area closest to the golf club permits dogs on a leash; and

2
The  area  closest  to  the  beach  (also  termed  Ocean  Beach  Domain)  permits  dogs
without a leash.

Sports grounds (excluding DCC owned golf courses)
Dogs are permitted off  a  leash  on DCC owned  sports grounds  in  areas  that  are not  marked
playing fields and must be on a leash when games are being played.

South of Dunedin
Brighton Recreation Reserve (dogs must be under continuous control on a leash in dune areas)
Island  Park  Recreation  Reserve (dogs must be under continuous control on a leash  in  dune
areas)
Ocean  View  Recreation  Reserve  (dogs  must be under continuous  control on a leash  in dune
areas)
Otokia Creek track to the start of Brighton Beach (on a leash)  Westwood Recreation Reserve
Woodside Glen Track (DCC and DOC)

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Smaills Beach
Dogs to be on a leash on the beach east of the middle track and may be off the leash to the
west of the track, subject to temporary bans when required for wildlife protection purposes.

Other Areas
Any other area marked on the maps in schedule E as "al owed off leash".

SCHEDULE C - AREAS WHERE A HUNTING PERMIT IS REQUIRED
(Refer to maps in Schedule E)
Permits are necessary to take your dog into the following areas for hunting purposes:  Al ans
Beach Wildlife Management Reserve (DOC)

Chalkies (DOC)
Maungatua Scenic Reserve (DOC) Silverpeaks (DOC)
Taieri Gorge Scenic Reserve – Outram Glen (DOC)
Woodside Glen Track (DOC)

SCHEDULE D - AREAS WHERE DOGS ARE PROHIBITED
Commercial areas*
The Octagon, the Civic Centre, the Library Plaza and those areas of Princes Street and George
Street which lie between the Exchange and Knox Church.

King Edward Street, South Dunedin between Hillside and Macandrew Roads.

*Except
This prohibition does not apply to disability assist dogs, police dogs and dogs being used by
security guards, working dogs, dogs confined in an efficient container, or securely confined in
or by lead or restraint on a vehicle.   No offence shall be committed when a dog securely
controlled by means of lead, leash or chain is being taken through the defined area to the
nearest area where the dog may be exercised by a resident of the defined area.

Children's Playgrounds
Areas developed and equipped as children's playgrounds.

Sports Grounds
On al  marked playing surfaces (excluding DCC owned golf courses).

Protected Wildlife
Areas  that  from  time  to  time  the  Council  will  notify  by  way  of  signage  and  advertising  that
there is a temporary dog prohibition in place because of the presence of wildlife or stock.

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Beach Areas
Designated areas of bathing beaches where lifeguards mark the safe areas for swimming by
the placement of flags.

Brighton Beach
All of the area within the bay from the Big Rock to opposite 909 Brighton Road at the North
end  of  the  domain  including  Barneys  Island  and  al   of  the  beach  within  the  confines  of
Brighton Road.

St Clair Beach and Esplanade
(a)
All of the beach from the Salt Water Pool to the northern end of the sea wal , except,
dogs  on  a  leash  may  have  access  to  the  beach  between  8.00pm  and  8.00am  the
fol owing day.

(b)
The park on Victoria Road adjoining the playground area and the playground area itself.

Recreation
Broad Bay Beach Reserve Botanic Garden
Macandrew Bay Beach Reserve
Woodhaugh Gardens (other than on defined walking tracks).

Conservation/Wildlife Areas
Al ans Beach north east of where access track enters the beach (DOC)
Aramoana Beach from Keyhole Rock north to Heyward Point (DOC)
Aramoana Ecological Area – salt marsh and wetland (DOC)
Aramoana-Heyward Point (DOC)
Boulder Beach (DOC)
Burns Park (DOC)
Careys Creek (DOC)
Deep Stream Scenic Reserve (DCC and DOC)
Grahams Bush Walk (DOC)
Grangers Road Track (DOC)
Leith Saddle (DOC)
Hereweka/Harbour Cone (Dogs not permitted except for farm management purposes (DCC)
Hyde-Middlemarch Rail Trail (DOC)
Goat Island (DOC)
Lighthouse Reserve (Taiaroa Head and DCC)
Matanaka (DOC)
Mount Cargil  (DCC)
Mil  Creek Track (DOC)
Okia Reserve (DCC and Yel ow Eyed Penguin Trust) Organ Pipes (DCC)

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Orokonui (DOC)
Otekiho Reserve (DCC and Yel ow Eyed Penguin Trust)
Outram Glen to Lee Stream (DOC)
Pilots Beach Recreational Reserve (DCC)
Quarantine Island (DOC)
Sandymount and associated track network (DOC)
Sandfly Bay (DOC)
Seal Point Road to Sandfly Bay (DOC)
Sutton Salt Lake Scenic Reserve (DOC)
Taiaroa Head (DCC and DOC)
Tunnel Beach (DOC)
Victory Beach (Yel ow Eyed Penguin Trust)
Warrington Spit and Rabbit Island – from the first break water point from the north (DCC)

Tracks
41 Peg Track District Road
Aramoana – Heyward Point Track (DOC)
Buskin Road (Otago Peninsula)
Highcliff Road to Hoopers Inlet Lime Kilns (Private)
Mount Charles (Private and DOC)
Nyhon Track
Paradise Road and Track Pipikaretu Beach (Private)
Quoin Cliff (Private)
Track Ridge Road Track

SCHEDULE E – MAPS
1
This  schedule  comprises  a  map  showing  areas  where  dogs  are  prohibited,  must  be
under continuous control  on a  leash or  are  al owed off  leash.  The  maps, together  with
the written description of areas in schedules A - D form part of this bylaw.

2
www.dunedin.govt.nz/dog-control-bylaw

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Document Outline