Waikato District Council Keeping of Animals Bylaw 2015

Waikato District Council Keeping of Animals Bylaw 2015 Page 1

Waikato District Council

Keeping of Animals Bylaw 2015

Waikato District Council, in exercise of its powers under the Local Government Act 2002 and its

respective amendments, and all other relevant powers, hereby makes the following bylaw.

Part one: Introduction

1.0 Short title, commencement and application

1.1 This bylaw shall be known as the “Waikato District Council Keeping of Animals Bylaw 2015”

1.2 The bylaw shall apply to the Waikato District.

1.3 The bylaw shall come into force on 1 May 2015

2.0 Revocation

The “Waikato District Council Keeping of Animals Bylaw 2007” and the Franklin District Council

Keeping of Animals, Poultry and Bees Bylaw 2007” are hereby revoked from the date this bylaw

comes into force.

3.0 Definitions

For the purposes of this Bylaw, the following definitions shall apply:

Animal

any member of the animal kingdom, including any mammal, bird,

finfish, shellfish, reptile, amphibian, insect or invertebrate, and

includes the carcass or constituent parts thereof, but does not

include human beings or dogs.

Annoyance

to harass repeatedly causing anger or mental distress

Authorised Officer

any person for the time being appointed or authorised by the

Council to carry out general or specific duties arising from any of

the provisions of this bylaw, unless stated otherwise.

Beehive and hive

Any receptacle housing a honeybee colony for the purposes of

honey production and includes 1 receptacle per colony used solely

for the purposes of queen breeding, hive maintenance and swarm

prevention purposes.

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Bee keeping

Council

Livestock

The keeping of beehives and includes the removal of honey and bee

products from the hive, but not the further processing of such

products.

the Waikato District Council

means cattle, deer, llamas, alpacas, donkeys, mules, horses (and

ponies of 148cm or less in height), sheep, goats, pigs, and any other

animal kept in captivity or farmed, and dependent on humans for

their care and sustenance. “Stock” shall have the same meaning as

“Livestock”.

Nuisance

Any reasonable interference with the peace, comfort or

convenience of another person including by way of excessive noise

or offensive odours and includes the nuisances defined in Section 29

of the Health Act 1956 and includes the following:

(a) Where any accumulation or deposit of any waste or other

similar material is in such a state or so situated as to be

offensive; and

(b) Where any buildings used for the keeping of animals are so

constructed, situated, used, or kept, or are in such a

condition as to be offensive; and

interferes with the peace, comfort, or convenience of any

person.

Pets

Pigsty

a domestic animal kept primarily as a companion.

means a covered enclosure used for the housing of pigs.

Poultry

any live bird that is kept or raised for the purpose of producing eggs

or meat for human consumption and includes ducks, chickens, geese,

pigeons, turkeys, pheasants, game birds including quail and peacocks,

and domestic fowls of all descriptions.

Premises

any land, dwelling, storehouse, warehouse, shop, cellar, yard,

building, or part of the same, or enclosed space separately occupied,

and all lands, building, and places adjoining each other and occupied

together shall be deemed to be the same premises.

Public place

any place that, at any material time, is under the control of the

Council and is open to or being used by the public, and includes any

road whether or not it is under the control of the Council. It also

includes every reserve, park, domain, beach, foreshore and

recreational grounds under the control of the Council, but excludes

the Hamilton Zoo.

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Rural area

Threat

an area zoned rural, rural residential, country living, or any of the

zones included in the Rural Zones Chapter in the Waikato District

Plan

an action that is likely to occur that will cause damage or danger.

Urban area

an area used mainly for residential or commercial purposes. For

clarity, urban area includes residential, village, heavy industrial,

business, and town centre zones in the Waikato District Plan.

4.0 Exceptions

4.1 This bylaw does not apply to the Hamilton Zoo.

4.2 This bylaw does not apply to the Tuakau Saleyards.

5.0 Keeping of animals

5.1 No person shall keep permit or suffer to be kept any bees or other animal (including livestock

and poultry) which is or is likely to be a nuisance or a threat to public health or safety.

5.2 No person shall keep any noisy animal, bird, or poultry which causes or is likely to cause a

nuisance to any other person.

5.3 No person shall allow any animal (including livestock and poultry) in a public place in a manner

which is or is likely to be a nuisance or a threat to public health or safety.

5.4 In addition to this bylaw, any person keeping animals (including livestock and poultry) shall

comply with any other relevant statutory requirements.

5.5 No person shall slaughter an animal or dismember, handle, process or dispose of the carcass

or remains of an animal on any premises which causes or is likely to cause a nuisance or threat

to public health or safety.

5.6 Any person keeping an animal shall ensure the animal is confined to the boundaries of the

premises where the animal is kept.

6.0 Keeping of pigs – special requirements

6.1 No person shall keep any pigs in an urban area.

6.2 No person shall keep any pigs in a manner which creates or is likely to create a nuisance, or

which is, or is likely to be injurious to the health of any person.

6.3 No pigsty or pig run shall be erected closer than 20m from any dwelling, factory, or other

building whether wholly or partially occupied, or within 30m of the boundary of any adjoining

premises.

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7.0 Keeping of poultry – special requirements

7.1 No person shall keep more than 6 head of poultry, pet or otherwise on premises less than

550m2.

7.2 No person may keep more than 12 head of poultry, pet or otherwise, in an urban area on

premises greater than 550m2.

7.3 No person shall keep a rooster on any property which is within an urban area or which is

zoned country living under the Waikato District Plan.

7.4 No poultry shall be kept in an urban area unless they are provided with enclosed housing

(whether mobile or immobile) that is:

(a) Properly constructed in accordance with the Building Act 2004 as the case may

require; and

(b) Rainproof; and

approved material raised 150 millimetres above ground level to which a poultry run

may be attached; and

(d) Adequately graded and drained.

7.5 No poultry house (whether mobile or immobile) or poultry run shall be located:

(a) within 10m from any dwelling, factory, or other building; or

(b) within 3 m of the boundary of any adjoining premises.

7.5 Every poultry house and poultry run shall be maintained in good repair and in a clean

condition free from any offensive smell or overflow and free from vermin.

7.6 Where an authorised officer considers the keeping of chickens has become or is likely to

become a nuisance or potential danger to any person, they may serve a notice requiring the

owner or occupier of the premises to:

(a) relocate the chickens to another area on the premises; and/or

(b) reduce the maximum number of chickens allowed on the premises; and/or

(d) do any other thing that, in the opinion of the officer, may reduce the nuisance or

potential danger.

7.7 Any person, owner or occupier of a premises who receives a notice under clause 7.7 must,

without delay, comply with the notice.

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8.0 Bee keeping – special requirements

8.1 No person shall keep bees if in the opinion of an authorised officer, the keeping of bees is, or

is likely to become, a nuisance or potential danger to any person.

8.2 Provided that the keeping of bees complies with all other requirements (with the exception of

8.3(e)) contained in this bylaw, there is no maximum number of hives for properties which are

zoned rural under the Waikato District Plan.

8.3 A person may keep bees provided they comply with the following conditions:

(a) In properties which are zoned urban under the Waikato District Plan:

(i) Hives are placed no closer than 5 metres to any adjoining boundary to a residential

dwelling where there is no solid fence 1.8 metres or taller on that boundary; or

(ii) Where there is a solid fence 1.8 metres or taller on any adjoining boundary to a

residential dwelling, the hives are placed no closer than 3 metres from that

boundary; and

(b) In properties which are zoned country living or rural residential under the Waikato

District Plan, hives are placed no closer than 12 metres to any adjoining boundary to a

residential dwelling; and

Note - This clause will also apply to any properties which will be zoned village in any Waikato

District Plan subsequent to the Operative District Plan as of May 2021.

closer than 25 metres to any adjoining boundary to a residential dwelling; and

(d) The minimum property area is 500 square metres or greater; and

(e) Except by prior written approval, the number of hives does not exceed that which is

allowed for the area of the premises as indicated in the following table:

Property Area

Number of hives

500-2000 square metres

2001-4000 square metres

4001 square metres or

greater

8.4 Where an authorised officer considers an existing hive or hives has become or is likely to

become a nuisance or potential danger to any person, they may serve a notice requiring the

owner or occupier of the premises to:

(a) relocate the hives to another area on the premises; or

(b) develop a flight management plan to ensure that the bees flightpath is diverted from or

made to go a minimum of 1.8 metres high over an adjacent premise, footpath or road; or

(d) remove some or all of the existing hives from the premises; or

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(e) do any other thing that, in the opinion of the authorised officer, may reduce the nuisance

or potential danger.

8.5 Any beekeeper, owner or occupier of a premises who receives a notice under clause 8.4 must,

without delay, comply with the notice.

Note: If you keep bees in New Zealand, it is a legal requirement that you register your hive/s.

9.0 Horses – special requirements

9.1 A person shall not keep any horse on premises smaller than 1200 square metres in an urban

area except where the horses are kept:

(a) By a registered breeder or trainer; or

(b) In a stable or other building premises constructed specifically for the keeping of horses.

9.2 Where any horse defecates on any public place, footpath, road or reserve in such a way that it

may cause a nuisance to other users, the person who has custody of that horse shall remove

and dispose of such defecations immediately and in a way that does not cause a nuisance or

offence.

10.0 Encouraging nuisances by feral or stray animals (including cats)

10.1 No person shall provide sustenance, harbourage or comfort to an animal that reasonably

appears to be a feral or stray animal so as to cause the animal to become a nuisance to other

persons.

10.2 Where an animal that is causing a nuisance reasonably appears to be a feral or stray animal,

the owner or occupier of the property from which such animals emanate must take all

reasonable steps to abate the nuisance caused by the animal(s). Abatement may include but is

not limited to:

(a) Claiming the animal(s) as a domestic owned pet and keeping it in such a state as to

abate any nuisance; or

(b) Permanently removing (including disposal of) the animal so it no longer causes a

nuisance to others; or

pay the Council’s reasonable costs.

Note: animal rescue activities in the community are not prohibited unless they are conducted in such a

way as to encourage stray or feral animals to cause nuisance. Where possible, Council will work

proactively with the SPCA and other animal rescue organisations to ensure animal welfare requirements

are met and all practicable options are explored when dealing with feral and stray animals.

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11.0 Service of notices

11.1 Any notice, order or other document which this bylaw requires to be served or given to any

person shall be deemed to have been duly served or given if it is left at their residence or

work place or posted to their last known residential address.

12.0 Offences and penalties

12.1 Any person who fails to comply with the requirements of this bylaw commits an offence and

may be liable to a penalty under the Local Government Act 2002 or the Health Act 1956, as

the case maybe.

This bylaw was made pursuant to a resolution passed by the Waikato District Council on 13 April

2015.

THE COMMON SEAL of WAIKATO

DISTRICT COUNCIL was hereto affixed in the presence of:

____________________________

Mayor

____________________________

Chief Executive

This bylaw was reviewed and amended on 17 May 2021. A further review will occur on or

before 17 May 2031.

Activity

Key Date

Council Resolution

Bylaw made

1 May 2015

WDC1504/06/1/5

Bylaw reviewed

17 May 2021

WDC2105/10

Next review due

date

17 May 2031