Bylaws

Part 03 - Animals 2008

Explanatory note

This bylaw regulates the keeping of animals within the council's district so they do not create a nuisance. Specific reference is made to the keeping of pigs, poultry and bees. Limitations may be placed on the keeping of cats where complaints have been received. It also prohibits the slaughter of stock in urban areas, and controls the burial of dead animals. The keeping of dogs is covered by the dog control bylaw.

The proposed Auckland City District Plan: Hauraki Gulf Islands Section also prohibits some animal pests throughout the islands.

The Auckland Regional Council's (ARC) 'Auckland Regional Pest Management Strategy 2007 - 2012' identifies some pests around the Auckland region and provides additional information on animal and pest controls for the region.

Notes in italics within the bylaw, are not part of the bylaw, but are intended to explain the contents of the bylaw or give further information on matters within the bylaw.

Contents

3.1 General

3.2 Keeping of animals

3.3 Poultry keeping

3.4 Bee-keeping

3.5 Cats

3.6 Wild Animals

3.7 Pig keeping

3.8 Dead animals

3.9 Stock

3.10 Noise from Animals or Birds

3.1 General

3.1.1

In this bylaw unless the context requires otherwise:

Animal means any living stage of any member of the animal kingdom except human beings; and in the case of any mammal, bird, fish or reptile includes the carcass.

Authorised Officer means an officer specifically delegated by the council to administer and enforce aspects of this bylaw.

Keep or Keeping includes owning, looking after, caring for, being in charge, a custodian or in possession of any animal.

Poultry includes geese, ducks, peacocks, pigeons, doves, turkeys, pheasants, swans, chickens, roosters and all other types of domestic or fancy birds kept in aviaries.

Stock includes cattle, deer, donkeys, horses, sheep, goats and pigs and any other animal that the council by resolution from time to time determines to be stock for the purposes of this bylaw.

Urban area means all of the isthmus and the Central Areas of Auckland city as defined by the District Plan and those areas of Waiheke identified as being within the metropolitan urban limits in the Regional Policy Statement from the Auckland Regional Council, (see map 1 attached).

Wild Animal means any animal which is feral by nature or is undomesticated (for example an animal which was previously domesticated but is living in a wild state), and for the avoidance of doubt includes a cat, stoat, weasel, possum, deer, rabbit, pig, seagull and pigeon; but excludes birds hatched in captivity and animals that have been domesticated such as rabbits and cats.

3.2 Keeping of Animals

3.2.1

Every person keeping an animal on private land shall ensure that the animal:

1. does not cause a nuisance to any person;
2. is kept in conditions which are not offensive or injurious to health;

3.2.2

If in the opinion of an authorised officer an animal kept on private land is causing or is likely to cause a nuisance, or is kept in conditions which are or are likely to be offensive or injurious to health, the authorised officer may issue a notice requiring the owner or the person in control of the animal or the owner or occupier of the private land, to take such action as is considered necessary within any time specified to abate or prevent the nuisance or the conditions, which are or are likely to be offensive or injurious to health. A person issued with such a notice shall comply with the notice.

3.2.3

Every person keeping an animal on private land shall collect manure including soiled straw or litter bedding from animal enclosures and either keep it in fly proof bins or containers or shall bury it under at least 50mm of soil.

3.2.4

Every person keeping animals, other than cats and pigeons, shall be responsible for ensuring that the animals are caged or otherwise restrained within the boundaries of the private land on which they are kept.

The issue of stock on roads and other public places is dealt with in the Auckland City Council's Public Places Bylaw.

3.3 Poultry keeping

3.3.1

A person shall not keep poultry, except in accordance with the following requirements:

Poultry house requirements

1. A poultry house shall be provided and shall:
   1. Be of sound construction;
   2. Have a floor of smooth concrete or other easily cleaned approved materials;
   3. Have an enclosed run attached, provided that this shall not apply in the case of any pigeon loft or other pigeon enclosure;
   4. Have a rainproof roof;
   5. Have a floor area of not less than 0.40 square metres for each bird;
   6. Have a height not less than 1 metre from floor to ceiling.

Location

2. The poultry house and run shall be located at least 10 metres from any occupied building, and at least 3 metres from any public place, or boundary of adjoining premises.

Run to be enclosed

3. A poultry run shall be so enclosed as to confine the poultry within it, provided that this shall not apply in the case of any pigeon loft or other pigeon enclosure. The poultry run shall have an area of not less than 0.40 square metres for each bird and a height of not less than 1 metre.

Lofts for racing pigeons shall generally meet the requirements of the Code of Conduct produced by Pigeon Racing New Zealand Inc.

Maintenance

4. Every poultry house and run shall be, to the satisfaction of an authorised officer:
   1. Maintained in good repair;
   2. Maintained in a clean condition;
   3. Free from any offensive smell or overflow;
   4. Free from vermin;
   5. Free from accumulations of manure and food.

Number of poultry permitted to be kept

5. With the exception of pigeons, not more than 6 head of poultry shall be kept on any private land within the urban area without a permit from an authorised officer. An authorised officer may refuse or revoke this authority if the poultry house or run in question is considered to be likely to cause a nuisance or be injurious to health.
6. An authorised officer may impose a limit on the number of pigeons kept on any private land if because of their number, the conditions in which they are kept or for any other reason they are considered to be causing a nuisance or to be offensive or injurious to health and if the person responsible for keeping those pigeons fails to comply with any reasonable request to abate or prevent that nuisance or the conditions which are injurious to health.

Roosters

3.3.2

No person shall keep a rooster in any part of the urban area without the prior approval of an authorised officer. Approval if given may be subject to conditions.

Exemptions

3.3.3

Nothing in this bylaw shall prevent any person keeping poultry:

1. In an auction room for not more than 24 hours;
2. In a retail premises for the purpose of sale.
3. For commercial purposes including the sale of poultry and/or eggs where such use is allowed for under the district plan or by a resource consent.

3.4 Bee-keeping

3.4.1

Every person keeping bees or causing or permitting bees to be kept on private property must ensure that:

1. the bees are not kept in such conditions or sited in such a way as to create or be likely to create a nuisance to any person;
2. that where there is more than one beehive kept on private property in an urban area the consent of an authorised officer has been obtained.

No person shall keep bees in New Zealand unless approval has been given by AsureQuality for American Foulbrood disease and other disease control measures.

3.5 Cats

3.5.1

An authorised officer may impose a limit on the number of cats which may be kept on a private land (such limit being not more than 5) where:

1. the council has received a complaint about the number of cats kept on the private land; and
2. the officer considers that the number of cats creates or is likely to create a public health nuisance; and
3. the person keeping those cats fails to comply with any reasonable request of the officer to abate or prevent the nuisance created.

3.6 Wild Animals

3.6.1

No person shall keep a wild animal without a permit from an authorised officer. In deciding whether to grant permission, the council may consult with relevant persons or agencies such as the Ministry of Agriculture and Forestry and may impose terms and conditions on any permit or may decline the permit if the keeping of the animal is considered to be a potential nuisance or a threat to biosecurity or public health or safety.

3.7 Pig keeping

3.7.1

No person shall:

Areas where pig keeping is permitted

1. Keep any pigs in any part of the urban area without a permit from an authorised officer.

Nuisance, pollution

2. Keep any pigs in such a manner that they are likely to create a nuisance, or become injurious to health, or offensive, or in such a manner as to pollute or be likely to pollute any water.

The Biosecurity (Meat and Food Waste for Pigs) Regulations 2005 prohibits the feeding to pigs of untreated meat, or food waste containing untreated meat, to reduce the risk of an outbreak of foot-and-mouth disease or other diseases.

Note also the requirements above about keeping of wild animals.

Pigsties

3.7.2

Without limiting clause 3.7.1 above no person shall keep any pigs except in accordance with the following requirements:

Sleeping pen roof

1. Roofs of sleeping pens shall be provided and be watertight;

Sleeping pen walls

2. The walls of sleeping pens shall be constructed to prevent the accumulation of filth thereon and to provide a surface that is easily cleaned and impervious;

Floors

3. Floors of sleeping and feeding pens shall be of concrete or other approved impervious material finished to a smooth even surface and graded to a fall of 1 in 25 to an approved outfall;

Effluent disposal

4. All effluent from sleeping and feeding pens shall be disposed of in such a manner as to not create a health nuisance or the pollution of any waterway;

The discharge of wastes from pig keeping is also controlled by the relevant provisions of the Auckland Regional Plan: Air, Land and Water.

Maintenance

5. The pigsty including runs, drains, catchpits and settling tanks shall be maintained in a clean condition;

Housekeeping

6. Accumulated manure and offensive matter shall be removed and disposed of so as not to create a nuisance;

Feeding areas

7. Troughs from which pigs are fed shall be watertight and able to be easily cleaned and shall be maintained in a clean condition;
8. Troughs whether in feeding pens or elsewhere shall be placed on a smooth concrete slab with a raised nib wall all round and of sufficient size to prevent pollution of the area or ground surrounding the trough;

Accumulation/storage of manure and offensive matter

9. No manure or offensive matter from pigsties or any swill shall be stacked, accumulated or stored in any place within 50 metres from any occupied building, or public place, or the boundary of any adjoining private land or in such a way as to give rise or likely to give rise to a nuisance, or be likely to be injurious to health or offensive;

Transport, storage of pigswill

10. Pigswill shall be conveyed and stored in impervious receptacles, with close-fitting covers, to prevent the escape of odour and the swill, or access by flies;

Pigswill storage area

11. Any storage area for pigswill shall be sited at least 50 metres from the edge of any watercourse and shall be located above the estimated 50 year return flood period level of the watercourse;

Council can provide information on the location of 50 year return flood period levels of watercourses

Maintenance of pigswill containers

12. Every vehicle, receptacle, cover or utensil used in the handling of pigswill or pig feed of a perishable nature shall be thoroughly cleaned daily. The washings from these items shall be disposed of in such a manner that no direct or indirect discharge to any watercourse occurs.

3.8 Dead animals

3.8.1

No person shall:

Dead animals

1. Leave, or permit, or suffer to remain any dead animal or vermin, or part thereof, on any land or body of water or premises that they own or occupy so as to create a nuisance;

The Public Places bylaw prohibits the disposal of dead animals in public places except with the permission of council.

2. Bury any animal or part thereof of more than 20 kilograms body weight (other than on land with a minimum lot size of 3 hectares and which is located outside the urban area) without the approval of an authorised officer. Provided that on the Hauraki Gulf Islands, any animal or part thereof may be disposed of at the disposal facilities provided by the council for this purpose.

3.9 Stock

Stock slaughter

3.9.1

No person shall slaughter any stock including stock intended for human consumption for the purpose of selling to the public in any part of the urban area without a permit from an authorised officer.

Persons Exempted

3.9.2

Nothing in clause 3.9.1 shall apply to:

1. A veterinary surgeon registered under the Veterinary Surgeons Act 1956;
2. An inspector appointed for the purpose of the Animals Act 1967;
3. An inspector appointed for the purposes of the Animal Protection Act 1960;
4. Any person who is carrying out bona fide grazing or farming operations within the urban area and where consent has been granted in writing by an authorised officer to slaughter stock.

3.9.3

Any person who does any act contrary to clause 3.9.1 commits an offence notwithstanding:

1. That such slaughter is on any land or premises in the ownership or occupation of such person;
2. Any meat derived from such slaughter is not sold or intended for sale;
3. The person is the owner of such stock.

3.10 Noise From Animals Or Birds

3.10.1

No person shall keep on any private land any noisy animal or bird which causes a nuisance to residents in the vicinity.

Refer to clause 3.2.2 for details on implications when any person fails to comply with this clause

Metropolitan Urban Limits - Waiheke Island,