Keeping animals in Hamilton

The private use or keeping of particular animal species within the city is not actively prohibited.

Council considers that residents are entitled to provide for their own well-being while also recognising that sometimes the keeping of animals can affect the quality of life and well-being of others in the community.

Where this occurs Council has a responsibility to protect the community from unreasonable animal nuisances, including:

• wandering animals
• animal nuisance
• ferral cats and opossums.

Approved use of certain traps in residential areas and within 150 metres of dwellings or places where there are likely to be pets is outlined below.

• For information on borrowing animal traps contact Animal Care and Control on 838 6664.

Wandering animals

Stock and poultry

Animal Care and Control are responsible for any wandering stock or poultry within the city boundaries.

Stock or poultry found wandering or straying may be impounded under the provisions of the Impounding Act 1955. They will be impounded in the nearest accessible pound or temporary stock pound.

Stock or poultry will be released to the owner on payment of the fees and costs associated with the impounding.

Animal Nuisance

When responding to animal nuisance complaints Council enforcement staff will follow a set process. Typically the process includes some or all of the following actions as the situation requires.

Customer reports animal nuisance

• An initial check will be made with the customer to see if the issue is an animal welfare complaint, and may refer this to SPCA
• Initially Council enforcement staff document complaints and requests customer talks to animal owner and share concerns
• The animal owner is asked to respond, and where appropriate encouraged to mitigate the nuisance. Where there is debate about the nuisance, other residents in the neighbourhood may be canvassed for their opinions on the issue.

The enforcement officer will visit the site if necessary, and following reasonable process take further action as the situation requires.

Where the animal owner does not comply with Council's requests a process will be enacted which can ultimately result in the removal of the nuisance animal and court action, as per the bylaw and other legislation.

FAQs - Animal Nuisance

The Animal Nuisance Bylaw 2008 allows for the keeping of animals within the city boundaries, and ensures that there are controls in place to avoid undesirable nuisance issues relating to the keeping of animals. Some frequently asked questions and answers clarify the way the new bylaw will operate.

Q: Can I keep chickens or other animals in my Hamilton backyard?

A: Yes this is usually acceptable, subject to Animal Welfare Act guidelines and to these animals not creating a nuisance to neighbours or health issues under the Public Health Act 1956. Animals need to be well fenced and well maintained and cared for.

Q: What is a nuisance?

A: Examples of nuisance complaints which will be upheld and enforced by Council enforcement officers include (but are not restricted to):

• loud noises from animals such as crowing roosters
• offensive odours from poorly kept or maintained animals
• encroachment of boundaries such as animals escaping or leaning over fences and damaging neighbours property.

Q: What about barking dogs?

A: Council enforcement officers will take action on complaints relating to barking dogs, but this is done using the Dog Control Bylaw.

Q: Can I farm animals for profit in my Hamilton garden?

A: No, Hamilton City Council's District Plan does not allow for farming in residential areas. Large scale keeping of animals is not seen as compatible with urban living.

Q: Can I stop my neighbours from keeping chickens in their back garden?

A: Generally Council does not interfere with activities which do not cause a nuisance to neighbours. In some urban developments in Hamilton covenants exist which prohibit the keeping of some animals including chickens. Developers place these covenants on areas to provide future residents with security in terms of a particular lifestyle.

Q: Can I keep a horse in my Hamilton Garden?

A: Larger animals need large areas of space. Council enforcement officers will use the Animal Welfare Act guidelines and accepted farming industry practices to judge whether animals are being appropriately kept. A horse requires a hectare and fencing needs to be designed to ensure that the animal can not reach beyond property boundaries.

Q: Can I stop my neighbour from killing pigs or goats in their back yard?

A: You can alert Council staff who will ensure that animals are not killed in such a manner that the animal suffers unreasonable or unnecessary pain or distress. As per the Animal Welfare Act 1999.

Q: Can I keep bees in Hamilton?

A: Yes, you can keep bees in Hamilton as long as this is done on a small scale. Care needs to be taken that your bees do not create a nuisance to neighbours. Council enforcement staff have guidelines for keeping bees and will follow up on any nuisance complaints in the same way as with 'other animals'.

Feral Cats and Opossums

Council offers the hire of cat traps for the capture of feral cats and opossums.

You can hire a trap for $11 per week plus $1.50 per extra day. There is a bond of $50 which is refunded when you return the trap to Council.

Council offers free disposal of feral cats and possums caught in this way.

Traps

No leg hold or gin traps

The Hamilton City Council Animal Traps Bylaw 1977 has been superseded by the new Animal Welfare Act Regulations which effectively prohibits the use of leg-hold traps such as gin traps) in residential areas and within 150 metres of dwellings or places where there are likely to be pets.

Cage traps and Timms traps are permitted

The Animal Welfare Act allows for the use of traps such as live catch (cage traps) and Timms kill traps. These traps are available as option in Hamilton for the control opossums and feral cats. Cage Traps are available for hire from Council's Animal Control Unit, while Timms traps, (for opossums only) can be purchased at most rural supplies stores.

Rats and Mice

Three are no restrictions regarding the use of traps designed for the control of mice and rats.

Cage Traps

Live capture traps (cage traps) for the capture of both feral cats and opossums are available for hire from Council. You can hire a trap for $11 per week plus $1.50 per extra day. There is a bond of $50 which is refunded when the trap is returned. Council offers free disposal of feral cats and opossums caught in this way. For more information phone 8386664.

Cage traps are most suitable where there is a higher risk of catching pets. For best results set traps near opossum-damaged plants or beside opossum runs as follows:

• Place the trap on firm ground and check that the door closes properly when triggered.
• Make sure the trap faces the direction opossums are most likely to approach from.
• Ensure the trap is placed so that a opossum can't climb down on top of it, triggering the door to close too early.
• Attach bait to the trigger arm of the trap. Use apple, kiwifruit, orange or carrot.
• Set the trap by lifting the door and holding it open with the trip pin. Insert the trip pin only far enough to prevent a light wind from releasing the door.

Disposing of trapped opossums and feral cats

It is illegal to release live opossums/feral cats in New Zealand. All live captured animals must be killed humanely. This is best done by trained Council staff upon return of the cage.

Using Timms Traps

Kill traps such as the Timms Trap are typically lightweight and easy to set. They can effectively control opossums in small to moderate sized areas, such as urban gardens and gullies. When using Timms traps make sure that you:

• Keep fingers clear of the front opening at all times.
• Set traps in the evening and bait with a piece of fruit, such as quarter of a fresh apple or orange, or pieces of carrot. Don't use meat or fish as bait as it will attract cats to the trap.
• Keep family pets indoors while the trap is set and inform neighbours where traps are set so they can do the same.
• Release the set trap early morning.
• Do not leave set traps in areas where inquisitive children and pets can access to them.
• Replace bait every two days.

Traps can be set:

• On the ground – make sure it is secure by pegging it into the ground. (To avoid catching hedgehogs, fix the trap on a block of wood or a brick a few inches off the ground.)
• Attached to a tree, fence or roof – drill holes into the back and sides of the trap, thread strong cord or bungy cords through the holes and tie to a branch or platform.

Links

• Policies, Bylaws and Legislation

Contact

  
 
 
 
 
 
 
 
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Hamilton City Animal Care and Control Centre
217 Ellis Street
Frankton
Hamilton City Council
Private Bag 3010
Hamilton 3240
Business hours: 838 6664
After hours: 838 6699
Fax: 838 6915

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