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Proposed Keeping of Animals Bylaw Review

Council is summarising the community feedback to the proposed Keeping of Animals Bylaw 2022 after public consultation in July for the hearing in August - September.

Residents could make a submission from Monday 3 July to 4:30pm Monday 31 July 2023 during the consultation period. Hearings will be held in August – September with a decision expected to be made by October.

These are the changes proposed: 

Re-definition of urban areas:

  • Only Westport, Carters Beach and Reefton are now proposed to be considered as urban areas  

Keeping of cats in urban areas:  

  • reducing the number to 2 per property*; and  
  • requiring all cats over 6 months old to be desexed, microchipped and registered with Companion Animals New Zealand.

*Cats already living in urban areas in Buller will not be affected by the proposed bylaw. 

A summary of these key changes is presented in the Proposed Keeping of Animals Bylaw 2022 - Statement of Proposal July 2023.

Residents were encouraged to read the Statement of Proposal which includes the maps defining the three proposed urban areas and an explanation of the proposed provisions around keeping cats.

Please note that this proposed bylaw does not affect the keeping of dogs. This is covered by a separate bylaw.

Key information

Read our key information to understand how we got to where we are and how you can bring your voice to the table.

In August 2020, Council resolved that a bylaw was the correct way to address the issues around keeping animals in the district and that the existing bylaw (and amendment) should be changed and updated following a public consultation. The Proposed Bylaw 2022 does not apply to dogs as this is covered separately under the Dog Control Bylaw.

The Council took the opportunity to revisit the previous approach adopted in 2008 by proposing a significant number of changes to better address the perceived problems that arise in relation to animals in the district.

The draft bylaw was presented to the Regulatory and Hearing Committee on the 9 March 2022, where several changes were suggested, and it was approved on that basis to progress to legal review. The legal review was undertaken, and Council’s legal advisors suggested a number of changes, related to formatting and the tightening up of wording and phrases.

The draft bylaw incorporating these changes, along with a set of maps outlining ‘Urban Areas’ in Buller, was approved to go out for public consultation, as required under the LGA 2002 in June 2022. 

Consultation 1.0 

Between 13 September and 11 October 2022 Council consulted on the Proposed Keeping of Animals Bylaw 2022. Public Notices were placed in local papers and Council’s website had a full page dedicated to the proposed bylaw with copies of all the relevant documents, including a submission form and link to an online submission form. There were regular reminders on Council’s Facebook page and copies of all document were placed in libraries, the Reefton Visitor and Service Centre and other locations around the district.

Submissions 

In total, 63 submissions were received from residents and national organisations (five submissions did not have any attached explanation). The issues that were raised covered many aspects of the proposed bylaw like: 

  • Urban Area Boundaries 
  • Keeping of cats in an urban area 
  • Keeping of poultry in an urban area and poultry houses and poultry runs
  • Beekeeping and keeping bees in an urban area
  • Keeping of livestock in an urban area 
  • Pig keeping 
  • Slaughter of livestock (Section 13, p. 7)
  • Commercial vs. Domestic animal keeping
  • Existing use rights
  • Clarification and further definition
  • Bylaw itself. 

Hearings and deliberations

On the 14 December 2022, the Regulatory and Hearings Committee met to hear from those submitters who had notified Council that they wished to speak in support of their submissions. In total nine submitters outlined their reasons for making their submissions. 

After considering submissions and holding the hearing Council suggested some changes to the following sections of the proposed bylaw. The changes proposed are: 

Re-definition of urban areas:

  • Only Westport, Carters Beach and Reefton are now proposed to be considered as urban areas  

Keeping of cats in urban areas:  

  • reducing the number to 2 per property*; and  
  • requiring all cats over 6 months old to be desexed, microchipped and registered with Companion Animals New Zealand.

These changes are considered of sufficient significance that Council had to go out again for public consultation to capture the community' feedback on these specific matters.

The remainder of the proposed bylaw remains the same as the one which was consulted on in 2022. 

There were several ways residents could find out more about the changes to the proposed Keeping of Animals Bylaw 2022, submit thier feedback…

  • Download the Statement of Proposal and proposed Keeping of Animals Bylaw.  
  • Consultation Documents and submission forms could be collected from Council’s offices and libraries in Westport and Reefton, i-Sites, and Resource Centres across the district. 
  • Made a submission online.  
  • Download the submission form and drop it off at Council’s offices in Westport and Reefton or send them to Buller District Council, PO Box 21, Westport 7866. 

If you have any questions to this consultation please send an email to info@bdc.govt.nz with the subject Animal Bylaw.

The consultation period closed at 4:30pm Monday 31 July 2023.  

If you indicate on your written submission that you wish to speak to your submission - to present your information to Councillors - you will be given a time slot to do so during the hearing that Councillors will hold, most likely in August – September.

After considering all submissions, Council will make any further changes to the proposed Keeping of Animals Bylaw 2022, with the final bylaw being adopted by October. The bylaw will come into effect as soon as it is adopted by Council.

Frequently asked questions

Key things to know about your chance to have your say and make sure we have a Keeping of Animals Bylaw that fits Buller.

Bylaws are discrete pieces of law created by councils that specifically apply to a district. These locally applicable forms of legislation deal with district-specific issues that are not already covered by any existing Acts of Parliament or Regulation.

As there were ongoing complaints relating to noise from roosters being kept in urban areas, Council decided that the Keeping of Animals bylaw was one of the first bylaws to get an overhaul.

The aim of the review was to craft a bylaw that would fit Buller and minimise the nuisance caused by keeping animals to your dear neighbours and those living nearby.

Council aimed to draft and create with the community through a public consultation process a bylaw that would be more comprehensive than previous bylaw. Therefore, the proposed bylaw includes specific guidance around keeping poultry, bees, livestock and cats in urban areas. It also incorporates updated definitions to help with the interpretation of terms such as nuisance and urban areas.

Submissions for consultation in September 2022

In total, 63 submissions were received from residents and national organisations (five submissions did not have any attached explanation) in our first round of consultation. The issues that were raised covered many aspects of the proposed bylaw like: 

  • Urban Area Boundaries 
  • Keeping of cats in an urban area 
  • Keeping of poultry in an urban area and poultry houses and poultry runs
  • Beekeeping and keeping bees in an urban area
  • Keeping of livestock in an urban area 
  • Pig keeping 
  • Slaughter of livestock (Section 13, p. 7)
  • Commercial vs. Domestic animal keeping
  • Existing use rights
  • Clarification and further definition
  • Bylaw itself

You can view the summary of the submissions or read each submission in these documents.

Submissions for consultation in June 2023

In total, 32 submissions were received from residents and national organisations in our second round of consultation. You can read each submission in this document.

After considering submissions and holding a hearing Council suggested some changes to the proposed bylaw.

These are the changes proposed: 

Re-definition of urban areas:

  • Only Westport, Carters Beach and Reefton are now proposed to be considered as urban areas  

Keeping of cats in urban areas:  

  • reducing the number to 2 per property*; and  
  • requiring all cats over 6 months old to be desexed, microchipped and registered with Companion Animals New Zealand.

*Cats already living in urban areas in Buller will not be affected by the proposed bylaw. 

Council is only seeking submissions on these two significant changes to the proposed Keeping of Animals Bylaw 2022. Only these will be considered by Council.

One of the main reasons for having a Keeping of Animals bylaw is to ensure that animals in the district are kept in a way that avoids a nuisance to other people.

If complaints are made regarding a nuisance caused by an animal, including cats, Council staff will follow up on this complaint. They will visit the property and inform the owners of the rules in the bylaw that may have been breached.

Staff will provide owners with information about how to do better and then follow up as needed.

 If you have already have more than two cats at the moment you will NOT be affected by the new bylaw if the amendments are adopted. The bylaw will only affect future cat ownerships in urban areas.

Residents who already have cats and those with more than two cats will be encouraged to desex, microchip and register their pets. However the provisions of the bylaw will only apply to new cats and those being brought into the district after the bylaw is adopted.

You can apply to Council for an exemption. Council will consider your application and make a decision after assessing the following: 

  • If the cats will be adequately housed and that no nuisance will result; and 
  • If any other lawful requirements of the Council have been satisfied including any relevant provisions of the Operative Buller District Plan.

There will be no fines if people don’t follow the new rules. However, if Council becomes aware that you have a cat that isn't desexed and microchipped, Council will contact you to remind you of the requirement as well as provide guidance on how to achieve that.

An owner who repeatedly refuses to microchip and / or desex their cat may be prosecuted for breach of the Animals Bylaw. 

This helps keep your cat safe: 

  • Desexed cats are less likely to stray or roam in search of mates (and suffer in road accidents as a result) get in fights, or testicular or mammary cancer 
  • Desexing cats also prevents unwanted litters of kittens which are often abandoned and let to become feral.  Feral cats are forced to hunt to survive and have a devastating effect on birds and wildlife. 
  • Microchipping and linking the chip and your contact details on the NZ Companion Animal Register helps reunite lost pets quickly. 

  • Cats can be scanned to see if they have a microchip. 
  • Apart from obvious signs of desexing vets can also provide a desexing certificate to owners if they've completed the surgery. 

A microchip is a permanent method of identification. The chip is about the same size as a grain of rice and is placed under the skin by a vet by injection. It's like having an injection, although the needle is slightly larger. Cats generally tolerate the procedure well.

Each chip has a unique identification code which can be read by an electronic scanner.

The code is recorded along with your contact details on a national database, the New Zealand Companion Animal Register, operated by Companion Animals New Zealand, a registered charity. 

In addition to microchipping costs there is a one-off registration fee of $15 when you register pets online yourself.