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
Department of Conservation
Kia ora Peter
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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].
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Government Services
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Kia ora Peter
Thank you for your request received on 27/07/2021 to the Department of
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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