The current Policy specifies certain areas as on-leash, off-leash or prohibited to dogs. In other areas not specified under the Bylaw, dog owners must carry a leash and ensure that the dog is kept under control at all times.

Requiring that dog owners keep the dog on-leash by default in public places (unless specified as an off-leash or prohibited area in the Policy) reduces confusion around what qualifies as “under control” and is clear for dog owners and Council to apply.

Options considered:

Option One – Status quo: Dog owners must carry a leash and ensure the dog is kept under control at all times in areas not specified in the Policy.

Option Two – Require that dog owners ensure their dogs are on leash in all public places not specified in the Policy.

Moving to an “on-leash by default” approach is the most equitable way of meeting the new Policy’s objective, which is to:

1. encourage responsible dog ownership
2. spread awareness within the community
3. promote an environment where dogs and people can happily and peacefully co-exist.

This approach captures areas which are not currently designated as prohibited or as on-leash. For example Whataupoko (Fox Street) Reserve is currently not included in the Policy. Concerns have been raised around the safety of dogs in this area due to mountain bikers who share these tracks. During early pre-engagement, dog owners have suggested that this be made an ‘on-leash’ zone.

This approach is consistent with the approach taken by other district councils including Wairoa, Napier and Whanganui.

Preferred option

Option Two - Require that dog owners ensure their dogs are on leash in all public places throughout Gisborne urban areas.

Kaiti Beach is popular with dog walkers. However, the surrounding area is a well-established nesting site for native kororā (little penguin) to which dogs present a significant threat.

The Department of Conservation (DoC) has collected several dead penguins from Kaiti Beach, whose injuries are consistent with dog attack. At least 3 autopsies concluded the penguin was killed by a dog.

Additionally, the New Zealand Coastal Policy Statement 2010 directs councils to avoid adverse effects of activities on ‘at risk’ indigenous species, of which kororā are one.

In discussions with Ngāti Oneone it was noted the current approach (a mix of on-leash and off-leash) has proved ineffective and they support initiatives such as prohibiting dogs from the area, that further protect the kororā colony.

The kororā population is unknown in Midway, Wainui and Okitu beaches, but thought to be low. Council’s ability to protect kororā and other birds from dogs in these areas is also more limited due to the proximity of residential areas. Due to its layout, distance from residential development and established nesting colony, Kaiti Beach presents a unique opportunity for Council and the community to protect an at-risk native species from dog attacks by prohibiting dogs from the beach.

To be effective, Council staff, DoC and Ngāti Oneone agree the prohibition should include the entire beach and dune area.
Kororā nests can be found along the full length of the beach and northwards towards the rock and beyond.
It is recommended dogs are still permitted on-leash within the road corridor up to the northern turnaround area.

Options considered:

Option One: Status Quo: Allow dogs to be off-leash on Kaiti Beach between 6am to 9am except on public and school holidays, require dogs be on-leash at all other times.

Option Two: Prohibit dogs on the entirety of Kaiti Beach and the dunes up to but not including the adjacent road corridor.

Option Three: Prohibit Dogs on the section of Kaiti Beach between Eastland Port and the Yacht Club.

Preferred option

Option Two: Prohibit dogs on the entirety of Kaiti Beach and the dunes up to but not including the adjacent road corridor.

Council’s current dog control bylaw takes a conservative approach to dog access, prohibiting dogs from all public areas with an unfenced playground.

This restricts opportunity for exercising dogs while doing little to increase public safety as dogs are currently permitted off-leash on the surrounding footpaths, often less than 10 metres from the playground.

The risk to users of amenities in these parks (children on unfenced playgrounds, users of skate ramps) are not increased and can be sufficiently managed by requiring dogs within the areas to be kept on leash.
This approach is in line with more recent bylaws adopted in several regions including Wairoa and Auckland.

Options considered

Option One: Status Quo – maintain most neighbourhood reserves as prohibited for dogs.

Option Two: Allow dogs on leash in neighbourhood parks listed in Table 1 where dogs are currently prohibited.

Preferred option

Option Two: Allow dogs on leash in a number of neighbourhood reserves where dogs are currently prohibited.

Table 1: Neighbourhood reserves currently prohibited for dogs:

Area	Current Designation	Proposed Change	Comments
Abbott Street Reserve	Prohibited	On-leash	Area consists of an unfenced swing set with a large surrounding area. Risk from dogs can be managed by requiring dogs to be on-leash.
Emily Street Reserve	Prohibited	On-leash	Area consists of an unfenced swing set with a large surrounding area. Risk from dogs can be managed by requiring dogs to be on-leash.
Ida Road Reserve	Prohibited	On-leash	A neighbourhood park and thoroughfare for many residents, especially children commuting to schools. Risk from dogs can be managed by requiring dogs to be on-leash.
Kaiti Memorial Park	Prohibited	On-leash	Area includes a skate ramp, but risk to users can be managed by dogs being on-leash.
Mangapapa Park	Prohibited	On-leash	Area consists of an unfenced swing set with a large surrounding area. Risk from dogs can be managed by requiring dogs to be on-leash.
Marina Park	Prohibited	On-leash	Risk to other users of the area can be sufficiently managed by dogs being on-leash.
Mary Street Reserve	Prohibited	On-leash	Area consists of an unfenced swing set with a large surrounding area. Risk from dogs can be managed by requiring dogs to be on-leash.
Blackpool Street Reserve	Prohibited	On-leash	Area consists of an unfenced swing set with a large surrounding area. Risk from dogs can be managed by requiring dogs to be on-leash.
Martin Road Reserve	Prohibited	On-leash	Risk to other users of the area can be sufficiently managed by dogs being on-leash.
Vivian Street Reserve	Prohibited	On-leash	Staff have considered if this reserve could potentially be an off-leash area, however it was assessed that there is not sufficient space for this.
Waiteata Park (South side of waterway)	Prohibited	on-leash	The playground side of the park is a suitable on-leash area – a large space with an unfenced playground. Risk from dogs can be managed by requiring dogs to be on-leash.
Waiteata Park (North side of waterway)	Prohibited	Off-leash	Due to the waterway separating the playground and a grassed clearing, the non-playground side of the park could be a suitable off-leash area.

Waiteata Park provides an opportunity for Council to provide an off-leash exercise area in an area with limited off-leash options. The waterway serves as a natural demarcation of the park allowing between the proposed off-leash area and the playground area (currently prohibited, proposed on leash – see Proposal 3).

Options considered

Option One: Status Quo: Keep the entirety of Waiteata Park prohibited for dogs.

Option Two: Allow dogs off-leash in Waiteata Park north of the waterway.

Option Three: Allow dogs on-leash for the entirety of Waiteata Park.

Preferred option

Option Two: Allow dogs off-leash in Waiteata Park north of the stream

Reasoning

Dog faeces is a health hazard and a nuisance at sports grounds. This risk is not sufficiently managed by dogs being on-leash due to non-compliance with the requirement to pick up faeces. This prohibition would apply only to the sports field areas and not the surrounding environment (as shown in Schedule 1 of the Draft Dog Control Policy 2023), as these are popular areas for walking dogs.

Options considered

Option One: Status Quo – Allow dogs on-leash on the Waikirikiri Reserve and Nelson Park.

Option Two: Prohibit dogs from the sports grounds such as Waikirikiri Reserve and Nelson Park.

Option Three: Prohibit dogs entirely at Waikirikiri Reserve and Nelson Park including surrounding areas.

Preferred option

Option Two: Prohibit dogs from the sports grounds in Waikirikiri Reserve and Nelson Park

Reasoning

Different restrictions depending on the time of day and year causes confusion for dog owners. Recent “Request for Service” data shows that there has been an increasing number of dog-related callouts at our beaches due to confusion amongst dog owners.

Options considered

Option One: Status Quo - Retain different rules for beaches depending on the time of day and year.

Option Two: Remove time-of-day, public and school holiday restrictions on all beaches

Option Three: Amend time-of-day, public and school holiday restrictions for some beaches.

Preferred option

Option Two: Remove time-of-day, public and school holiday restrictions on all beaches

Reasoning

Under the current Bylaw, dog owners need a permit to keep more than one dog on premises within the urban area (including in rural townships). This is to ensure that Council can identify the person responsible for the care and control of each dog.

There is no cost for the permit, which requires consent of the surrounding neighbours. In cases where a neighbour refuses to give consent, Council officers assess the situation and issue a decision.

Many dog owners choose to keep two dogs, and this rarely causes safety or nuisance issues. Increasing the number of dogs that can be kept on premises before a permit is required reduces the administrative burden required by dog owners and Council.

Options considered

Option One - Status quo: Proceed with the current requirement to attain a permit to keep more than one dog on premises in the urban area.

Option Two – Increase the limit on number of dogs kept on premises without permit to two.

Option Three: Increase the limit on number of dogs kept on premises without permit to three.

Option Four: Remove the limit on the number of dogs per premises.

Preferred option

Option Two – Increase the number of dogs that can be kept on premises without a permit to two.

Reasoning

The Dog Control Act 1996 enables Councils to require a dog to be neutered if found to have been not under the control of their owners. Council’s current bylaw allows this action to be considered after three or more recorded incidences. This proposal would allow consideration after two or more incidences within a 12-month period. This will would better protect people from harm from aggressive dogs that can rush at, intimidate or attack people or other dogs.

This would not require automatic neutering of the dog after the second incident but makes such action an option. Officers consider a wide variety of circumstances when considering decisions such as this. There is an appeal process available for owners should they wish to contest the decision.

Options considered

Option One – Maintain status quo: Council can require the neutering a dog if it has been out of control on three or more instances in a 12-month period.

Option Two – Enable Council to require the neutering of a dog that has been found to be not under control two or more times in a 12-month period.

Option Three - Enable Council to require the neutering of dogs that have been found to be not under control at the first incidence.

Preferred option

Option Two – Enable Council to require the neutering of dogs that have been found to be not under control two or more times in a 12-month period.