Information required to be included in Dog Control Policy and Bylaws
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). The requester can complain to the Ombudsman.
From: Karen Anderson
Dear Dunedin City Council,
My preference is to receive the requested information via the fyi.org.nz platform.
(1) Section 10 of the Dog Control Act 1996 makes it mandatory for Dog Control Policy to specify certain information. Despite careful analysis of the Policy it has not been possible to locate some of that information. Accordingly I have been requested to ask you to identify where the current Dunedin City Council Dog Control Policy specifies the following:
(a) The public places in which dogs are to be prohibited
(b) The particular public places dogs are to be required to be controlled on a leash
(c) The areas in respect of which no public places are to be identified as prohibited or controlled on a leash
(d) The places to be designated dog exercise areas in which dogs may be exercised at large
(e) Whether dogs classified as menacing dogs under section 33A or 33C are required to be neutered, whether the requirement applies to all classified dogs, and if not, the matters taken into account when requiring a particular dog to be neutered
(f) Whether dogs classified as menacing by another territorial authority are required to be neutered if registered with the Dunedin City Council and if so, whether the requirement applies to all dogs, and if not, the matters taken into account when requiring a particular dog to be neutered
(g) Land included in a controlled dog area or open dog area pursuant to section 26ZS of the Conservation Act 1987
For the purpose of providing this information it will be adequate to state the number of the clause, sub-clause or sub-sub-clause in which the information appears. This will make providing the information very easy and quick.
(2) Section 20 of the Dog Control Act 1996 provides that no bylaw has effect in respect of land included in a controlled dog area or open dog area under section 26ZS of the Conservation Act 1987. Inspection of the bylaw indicates it specifies levels of dog access for areas under control or managed by other agencies that appear to be open or controlled areas pursuant to that section.
To enable dog owners to comply with their obligations I have been requested to ask you to provide a list of the areas under control or managed by agencies other than the Dunedin City Council for which the bylaw specifies levels of dog access, and confirm, for each, they are not designated open or controlled areas pursuant to s26ZS.
We trust the Dunedin City Council will refrain from the earlier behaviour of demanding payment for providing information that confirms regulatory documents have been properly made, or clarifying the legal obligations created by the documents so members of the public are able to comply.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
From: Jenny Lapham
Dunedin City Council
Good afternoon Karen
Please find below the response (in red) to your request relating to the
Dog Control Policy and Bylaw.
Regards
Jennifer Lapham
Governance Support Officer
Civic
P 03 477 4000 | E [1][email address]
Dunedin City Council, 50 The Octagon, Dunedin
PO Box 5045, Dunedin 9054
New Zealand
[2]www.dunedin.govt.nz
[3]DCC Main Page
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From: Karen Anderson <[FOI #11748 email]>
Sent: Wednesday, 27 November 2019 10:05 a.m.
To: Official Information <[email address]>
Subject: Official Information request - Information required to be
included in Dog Control Policy and Bylaws
Dear Dunedin City Council,
My preference is to receive the requested information via the fyi.org.nz
platform.
(1) Section 10 of the Dog Control Act 1996 makes it mandatory for Dog
Control Policy to specify certain information. Despite careful analysis of
the Policy it has not been possible to locate some of that information.
Accordingly I have been requested to ask you to identify where the current
Dunedin City Council Dog Control Policy specifies the following:
(a) The public places in which dogs are to be prohibited
(b) The particular public places dogs are to be required to be controlled
on a leash
(c) The areas in respect of which no public places are to be identified as
prohibited or controlled on a leash
(d) The places to be designated dog exercise areas in which dogs may be
exercised at large
Animal Services statutory powers are provided for in the Dog Control Act
and Bylaw. The Bylaw is valid and the requirements of section 10(3) (a -
e) are addressed in clause 4 of the Policy which references the relevant
provisions in the Bylaw.
(e) Whether dogs classified as menacing dogs under section 33A or 33C are
required to be neutered, whether the requirement applies to all classified
dogs, and if not, the matters taken into account when requiring a
particular dog to be neutered
(f) Whether dogs classified as menacing by another territorial authority
are required to be neutered if registered with the Dunedin City Council
and if so, whether the requirement applies to all dogs, and if not, the
matters taken into account when requiring a particular dog to be neutered
The requirements of S10(3) (ea) and (eb) (menacing) we agree that it
should be in the policy.
These matters will be clarified when the Policy is next reviewed, however
it is important to note that any lack of clarity within the Policy does
not denigrate from our statutory functions
and enforcement powers in the Act or the validity of the current Dog
Control Bylaw.
(g) Land included in a controlled dog area or open dog area pursuant to
section 26ZS of the Conservation Act 1987
We accept that s10(5)(a) requires every statement or publication of a
policy to identify land within the district that is included in a
controlled area or open dog area under section 26ZS of the Conservation
Act 1987, or a national park. However, there has been no declaration by
the Minister and there are none in our City area – therefore this section
does not apply to our policy.
S26ZS gives the Minister of Conservation by notice in the Gazette to
declare certain land to be either a dog control area or an open dog
control area – there are none as the Minister has not made any declaration
under this Act in respect of any area within the DCC boundary. DOC maybe
able to assist you with any further queries you may have.
(2) Section 20 of the Dog Control Act 1996 provides that no bylaw has
effect in respect of land included in a controlled dog area or open dog
area under section 26ZS of the Conservation Act 1987. Inspection of the
bylaw indicates it specifies levels of dog access for areas under control
or managed by other agencies that appear to be open or controlled areas
pursuant to that section.
To enable dog owners to comply with their obligations I have been
requested to ask you to provide a list of the areas under control or
managed by agencies other than the Dunedin City Council for which the
bylaw specifies levels of dog access, and confirm, for each, they are not
designated open or controlled areas pursuant to s26ZS.
This is covered in the above comments under (g).
We trust the Dunedin City Council will refrain from the earlier behaviour
of demanding payment for providing information that confirms regulatory
documents have been properly made, or clarifying the legal obligations
created by the documents so members of the public are able to comply.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
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From: Karen Anderson
Dear Dunedin City Council,
Dear Dunedin City Council,
I refer to your response dated 13 December 2019.
As fyi.org.nz does not accommodate html formatting using coloured text to make responses readable is predictably ineffective.
---1. Dunedin City Council response to requests numbered 1(a)-(f) ---
The Local Government and Official Information and Meetings Act 1987 specifies permitted responses, and they do not include arguments about the interpretation of the Dog Control Act 1986.
Your response indicates you are refusing to provide the information requested because it does not exist. Please confirm that is your response by 20 December 2019 so we can avoid having to involve the Ombudsman to obtain a response consistent with your Local Government and Official Information and Meetings Act 1987 obligations.
---2. Dunedin City Council response to requests numbered 1(g)& 2---
The first part of request #2 was for a list of areas under control or managed by agencies other than the Dunedin City Council for which the Bylaw specifies levels of dog access. That information is not “covered in the above comments under (g)” as stated.
Your response to 1(g) emphasises the role of the Minister of Conservation and refers me to that department for assistance with this “query” which indicates you consider the request is more closely related to the functions of DoC than to Dunedin City Council.
The Local Government and Official Information and Meetings Act 1987 requires you to promptly transfer requests and it is mandatory to do so within 10 working days. There is no provision for waiting 13 working days before advising the requester to contact the agency themselves.
I record my regret that yet again we will be forced to involve the Ombudsman to require you to comply with simple statutory obligations.
In closing it appears necessary to record that I do not accept your odd assertion that a failure to satisfy your statutory obligations creates a lack of clarity or constitutes an unfair or malicious criticism (denigration) of the statutory functions, enforcement powers or validity of the Dog Control Bylaw.
We take the view that a breach of your legal obligations constitutes a breach of your legal obligations.
Breaching the law does not make the law confused. Your opinion about your legal obligations can be expressed using appropriate processes such as submissions to Parliament, not by breaking the law.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
From: Jenny Lapham
Dunedin City Council
I am on leave until 13 January 2020. For any enquires please ring 477
4000 and ask for the Governance Support Team.
[1]DCC Main Page
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From: Karen Anderson
Dear Dunedin City Council
While sympathetic to the holiday season this request was not made to an individual.
A response to another request suggested a response date of 31st December 2019 which confirms the relevant department continues to operate through the holiday period. The Dunedin City Council also operated after 20 December 2019, will re-open long before 13 January 2020. The proposed date of 13 January 2020 considerably exceeds the maximum time-frame by which a response to this request should have been provided.
Accordingly yet another failure to provide an appropriate response will be referred to the Ombudsman.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
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