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1. Animals causing nuisance or becoming a risk

Animals causing nuisance or becoming injurious to health

We’re proposing to add new section to better address animals that cause a nuisance or become a risk to public health or safety. This addition will also explain how Council would deal with these situations.

Why?

In recent years, Council has had to deal with situations where animals or stock are repeatedly escaping from enclosures and not only causing a nuisance but also creating a risk of accidents. Under the new clause, Council can direct the owner of the animals to fix or improve fencing, or reduce the number of animals. If the person fails to do this after being given notice, Council could have a contractor do the required work and make the owner responsible for the associated costs.

With the addition of this new section, we’re also proposing to update and expand the purpose of the bylaw so it remains consistent.

The purpose of this bylaw is:

  • to outline requirements for the keeping of animals, bees and poultry. The requirements are deemed necessary for the protection of neighbouring property owners and/or occupiers from nuisance.
  • to maintain and promote public health and safety – (NEW)

What are our options?

  1. Make the changes as proposed. This is our preferred option.
  2. Make other changes. Council will also consider any additional ideas from public feedback. Depending on changes made (if any), further consultation may be required.
  3. Make no changes to the existing bylaw. We could leave the bylaw unchanged but would miss the opportunity to improve public health and safety.

2. Keeping of cats

Keeping of cats

While there is no national legislation for cat management, there has been a significant increase in the number of councils adding cat regulation to their bylaws and we’re proposing to bring in new rules around the keeping of cats in our district.

The proposed rules would include the requirement for all cats over the age of four months to be desexed and microchipped, and for the microchip to be registered with the New Zealand Companion Animal Register.

There would be an exemption for registered cat breeders and situations where desexing would put the cat at risk due to its age or poor health. These proposed rules wouldn’t require cats to be registered with the council, pay annual registration fees or wear a tag.

Council is also proposing a rule against the feeding of cats other than your own, where that feeding encourages stray or feral cat populations, results in nuisance or fouling, or adversely affects wildlife or public health. Temporary feeding for the purpose of trapping or capturing feral and stray cats would still be allowed.

Why?

Members of our community have called for the introduction of cat management rules to help protect our local biodiversity. Our braided rivers, for example, are rich in biodiversity and home to many endangered birds and lizards, but nearby residential areas mean cats often roam freely and hunt in these environments. Pest trapping is used in riverbeds and other areas to protect our native species and we want to ensure domestic cats are safeguarded when they accidentally end up in a trap. Some traps are equipped with sensors, which prevent them from triggering when a cat’s microchip is detected.

If a cat is caught in a trap, it will be scanned by volunteers. If microchipped and registered, it can be returned to its owner. However, if that cat is not chipped, it may be humanely put down. This poses a risk for unchipped domestic cats.

Cats that are microchipped and registered can also be scanned by vet clinics and other authorised agencies, making it much easier to reunite lost cats with their owners.

The requirement to desex cats is designed to improve animal welfare by preventing unwanted litters. Unneutered companion cats can cross-breed with the stray population, which in turn, feeds the feral cat population (see the FAQ below about types of cats).

Cats can also pose a risk to health as carriers of tuberculosis, toxoplasmosis and parasites which are harmful to other animals and humans. Keeping a control on stray and feral cats in the district will help prevent these diseases from spreading.

What are our options?

  1. Make the changes as proposed. This is our preferred option.
  2. Make other changes. Council could adopt only some of the proposed changes or incorporate new ideas from public feedback. Depending on changes made (if any), further consultation may be required.
  3. Make no changes to the existing bylaw. This is not our preferred option as it misses an opportunity to promote responsible cat ownership and help protect local biodiversity.

3. Other changes

What are we proposing?

Section

Proposed change

2. Purpose

  • ‘The requirements are deemed necessary for the protection of
  • Adding the purpose related to new section 14 ‘to maintain and promote public health and safety’
  • Removed ‘birds or poultry’ from title (included in definition of animal)
  • Changed Noise to Nuisance (covered in definition nuisance)
  • Moved to start of Bylaw

neighbouring property owners from nuisance’.
Added the wording ‘from nuisance’

3. Related Documents

Added sentence explaining paragraph

Added additional related documents

5. Definitions

Feral animal: added definition

Nuisance: Updated definition

Added explanatory note on Dogs

Pet: Added details on definition of Pet

Urban area: updated definition to match definition in Explanatory Bylaw

Stock: update & correction definition

6. Nuisance from animals

Added ‘in an urban area’ for clarity and consistency.
Removed ‘noisy’ as this is covered by the definition of nuisance.

8. Stock keeping

Updated title for consistency throughout Bylaw

Added ‘other than areas zoned Residential D under the Ashburton District Plan’ for alignment with the District Plan

Included the paragraphs (8.2, 8.3, 8.4, 8.5 that are not considered ‘conditions’ from the Bylaw Advisory Note (First Schedule – Stock licencing conditions) to this section.

8.5 – added paragraph referencing the Bylaw Advisory Note (First Schedule) that stipulates the Stock licencing conditions.

9. Moving of stock in urban areas

9.1 Added paragraph to reference the ‘driving of stock’

9.2 moved from the Bylaw Advisory Note (First Schedule – Stock licensing conditions) to this section and updated for clarity. Removed reference to stock licence which is replaced with a new generic reference to breaching the bylaw in the advisory note.

9.3 Added reference to a person having control of animals in urban area.

10. Poultry keeping

10.1 paragraph added for consistency with other sections

10.2 reference to maximum number of poultry added for clarity

10.3 updated to state poultry can only be kept in a poultry house

10.4 Note added

10.5 ‘such poultry unit’ changed to ‘it’

11. Beekeeping

11.2 changed ‘shall’ to may

11.3 New paragraph stating the national requirement of beekeepers to be registered with The Management Agency (National American Foulbrood Pest Management Plan), not Council. This is a legal obligation under the Biosecurity Act 1993.

12. Encouraging nuisances by feral animals

12.1 included feral cats

12.2 rephrased for clarity
12.2 bullet 2 – replaced ‘permanently removing it’ with dispose of the animal(s) humanely

16. Breach of the Bylaw

Adding a clause to reference consequences of breaching the bylaw for clarity and consistency with other bylaws.

First Schedule – Stock Licence Conditions.
Bylaw Advisory Note

Paragraphs that are not conditions moved to section 8 ‘Stock keeping’ or 9 ‘Moving of animals in urban areas’

5. updated paragraph on horse manure to be relevant to all stock

6. added a reference to a breach of the bylaw

Contact Us

Have questions or want to learn more about a project, contact us below:

Contact Information
Phone 03-307 7700
Email info@adc.govt.nz
Website www.ashburtondc.govt.nz
In writing

2 Baring Square East, Ashburton 7700