Appendix 4: Definitions
Act means the Dog Control Act 1996.
Animal Control Officer has the same meaning as ‘Dog Control Officer’ as appointed under section 11 of the Act and includes a warranted officer exercising powers under section 17 of the Act.
Bylaw means the Waimate District Council Consolidated Bylaw 2008 and amendments.
Continuous Control means that the dog is kept under control by means of a leash which is secured or held by a person capable of restraining the dog so that the dog cannot break loose.
Council means the Waimate District Council.
Disability Assist Dog means a dog certified by one of the following organisations as being a dog trained to assist (or as being a dog in training to assist) a person with a disability:
(a) Hearing Dogs for Deaf People New Zealand
(b) Mobility Assistance Dogs Trust
(c) New Zealand Epilepsy Assist Dogs Trust
(d) Royal New Zealand Foundation of the Blind
(e) Top Dog Companion Trust
(f) An organisation specified in an Order in Council made under section 78D of the Act.
District means the area administered by the Waimate District Council.
District Plan means the operative Waimate District Plan for the purposes of the Resource Management Act 1991.
Dog Exercise Area means a public place identified as an area where dogs may be exercised at large without being controlled on a leash.
Dog on Leash means that the dog must be continually controlled on a leash by the owner or person in charge of the dog.
Farm Pet Dog means a dog kept on a rural property of 4 hectares in size or greater for the purpose of a pet, and not for solely or principally for the purposes of a working dog (see working dog definition).
Infringement Notice means an offence specified in Schedule 1 of the Act.
Leash means a lead which is capable of restraining a dog.
Menacing and Dangerous dog means a dog that is officially declared as such which poses a threat to any person, stock, poultry, domestic animal, or protected wildlife because of any observed or reported behaviour of the dog or any characteristics typically associated with the dog’s breed or type; or which is specified as menacing by breed in Schedule 4 of the Act.
Nuisance means excessive barking or any activity or behaviour that result in inconvenience or annoyance to member of the community.
Neutered dog means a dog that has been spayed or castrated and does not include a dog that has been vasectomised.
Owner means every person who:
(a) Owns a dog; or
(b) Has possession of the dog, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
(c) Is the parent or guardian of a person under the age of 16 years who;
(i) is the owner of the dog pursuant to paragraph (a) or (b) of this definition; and
(ii) is a member of the parent or guardian's household living with and dependent on the parent or guardian;—
But does not include any person who has seized or taken custody of the dog under the Dog Control Act 1996 or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Conservation Act 1987 or any regulation made under any of those Acts.
Policy means the Waimate District Dog Control Policy.
(a) Means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and
(b) Includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward:
(c) A public place does not include a private vehicle.
Prohibited Public Place means a public place within the District as a place where a dog is prohibited except as provided for in this Bylaw.
Reserve means any land set aside for public purpose under the management or control of Council that is subject to the Reserves Act 1977.
Responsible Person refer to clause (b) under the definition of “Owner.”
Rushing Dog means as provided by section 57A of the Act.
(a) any live horse, cattle, sheep, swine, alpaca, llama, bison, donkey, hinny, mule, or water buffalo that is not in a wild state
(b) any deer, goat, tahr, rabbit, possum, or other animal that is kept within a fence or enclosure for domestic or farming purposes.
Suitable Receptacle means a plastic bag, a paper bag or any acceptable container.
Under Control means that the dog is not causing a nuisance or danger and that the person in charge of the dog has the dog under continual surveillance and is able to obtain the desired response from the dog by use of a leash and, when not on a leash, by use of voice commands, hand signals, whistles or other effective means.
Urban means any area which is not zoned Rural in the Waimate District Plan.
(a) Any disability assist dog; and/or
(b) Any dog—
(i) Kept by the Police or any constable, the Customs Department, the Ministry of Agriculture, the Ministry of Fisheries or the Ministry of Defence, or any officer or employee of any such Department of State solely or principally for the purposes of carrying out the functions, powers, and duties of the Police or the Department of State or that constable, officer, or employee; or
(ii) Kept solely or principally for the purposes of herding or driving stock; or
(iii) Kept by the Department of Conservation or any officer or employee of that Department solely or principally for the purposes of carrying out the functions, duties, and powers of that Department; or
(iv) Kept solely or principally for the purposes of destroying pests or pest agents under any pest management strategy under the Biosecurity Act 1993; or
(iva) Kept by the Department of Corrections or any officer or employee of that Department solely or principally for the purposes of carrying out the functions, duties, and powers of that Department; or
(ivb) Kept by the Aviation Security Service established under section 72B(2)(ca) of the Civil Aviation Act 1990, or any officer or employee of that Service solely or principally for the purposes of carrying out the functions, duties, and powers of that Service; or
(ivc) Certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002; or
(v) Owned by a security guard as defined in section 4 of the Private Investigators and Security Guards Act 1974 and kept solely or principally for the purposes of carrying on the business of a security guard; or
(vi) Declared by resolution of the territorial authority to be a working dog for the purposes of this Act, or any dog of a class so declared by the authority, being a dog owned by any class of persons specified in the resolution and kept solely or principally for the purposes specified in the resolution.
[Note: In the Waimate District, working dogs must be kept solely or principally for the purposes set out above, and this definition does not include a farm pet dog.]
Click here to view all maps where dogs are allowed and are not required to be on a leash and where dogs are prohibited.