Council
MINUTES
Confirmed minutes of an ordinary
meeting of the Dunedin City Council held in the Council Chamber, Municipal
Chambers, The Octagon, Dunedin on Monday 23 May 2016, commencing at 1.03 pm
PRESENT
|
Mayor
|
Mayor Dave Cull
|
|
|
Deputy Mayor
|
Cr Chris Staynes
|
|
|
Members
|
Cr David Benson-Pope
|
Cr Hilary Calvert
|
|
|
Cr Doug Hall
|
Cr Aaron Hawkins
|
|
|
Cr Mike Lord
|
Cr Jinty MacTavish
|
|
|
Cr Andrew Noone
|
Cr Neville Peat
|
|
|
Cr Richard Thomson
|
Cr Andrew Whiley
|
|
|
Cr Kate Wilson
|
|
|
IN ATTENDANCE
|
Sue Bidrose (Chief Executive
Officer), Simon Pickford (General Manager Services and Development), Sandy
Graham (Group Manager Corporate Services), Graham McKerracher (Manager,
Council Communications and Marketing), Andrea Jones (Communications Team
Leader), Kristy Rusher (Manager Civic and Legal), Jendi Paterson (Recreation
Planning and Facilities Manager), Tom Dyer (Asset and Commercial Manager),
Ros MacGill (Environmental Health/Animal Services Manager), Peter Hanlin
(Senior Animal Control Officer), Adrian Blair (Group Manager Customer and
Regulatory Services) and John Christie (Director Enterprise Dunedin)
|
Governance Support Officer Pam
Jordan
1 Opening
Jane Beecroft, Hare Krishna, opened the meeting with a
prayer.
2 Public
Forum
Tree Harvesting at Waikouaiti Reserve
– Gerard Collings
Mr Collings, the Chairperson of
the Waikouaiti Coast Community Board, noted that this had been a community
project for approximately the last 30 years or so. The community had seen
the plantation grow. The recommendations in the report to the Council
were supported by him personally. They were yet to be supported formally
by the Board but were in line with discussions held by the Board in the past.
He believed that Recreation staff should delegate the landscape plan. In
his view it was wholly appropriate that it should sit with the Waikouaiti Coast
Community Board. When the trees were first planted an agreement had been entered
into with the local authority at the time. This Council had picked up
both the assets and liabilities of previous organisations and he asked the
Council to honour this agreement.
|
4 Confirmation
of agenda
|
|
|
Moved (Mayor Dave Cull/Cr Chris
Staynes):
That the Council
Confirms the agenda with
the following alterations:
·
Addition of a report to the non-public part of agenda: Appointment
to Fortune Theatre Board (as the Board requires an appointment by 1 June
2016);
·
Taking the non-public items following Item 5; and
·
Item 24 Conflict of Interest Policy (Council Officers) –
to be taken immediately after the non-public part of the agenda.
Motion carried (CNL/2016/032)
|
5 Declarations
of interest
Members were reminded of the need to stand
aside from decision-making when a conflict arose between their role as an
elected representative and any private or other external interest they might
have.
|
Resolution to exclude the public
|
|
Moved (Mayor Dave Cull/Cr Chris
Staynes):
That the Council:
Pursuant
to the provisions of the Local Government Official Information and
Meetings Act 1987, exclude the public from the following part of the
proceedings of this meeting namely:
|
General subject of the matter to be
considered
|
Reasons
for passing this resolution in relation to each matter
|
Ground(s) under
section 48(1) for the passing of this resolution
|
Reason for
Confidentiality
|
|
C1
Ordinary Council meeting - 11 April 2016 - Public Excluded
|
S7(2)(j)
The
withholding of the information is necessary to prevent the disclosure or
use of official information for improper gain or improper advantage.
|
S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
|
|
|
C2
Audit and Risk Subcommittee - 5 April 2016 - Public Excluded
|
S7(2)(j)
The
withholding of the information is necessary to prevent the disclosure or
use of official information for improper gain or improper advantage.
|
S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
|
|
|
C3
Director Appointments to Dunedin Venues Limited
|
S7(2)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
|
S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
|
This report is
confidential because the information relating to the appointment of
directors is made public by the Mayor and Chair of Dunedin City Holdings
Limited once the applicants have been notified of the decision of Council.
|
|
C4
Director Appointment to the Boards of Aurora Energy Limited and Delta
Utility Services Limited
|
S7(2)(a)
The
withholding of the information is necessary to protect the privacy of natural
persons, including that of a deceased person.
|
S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
|
This report is
confidential because the information relating to the appointment of
directors is made public by the Mayor and Chair of Dunedin City Holdings
Limited once the applicants have been notified of the decision of Council.
|
|
C5
Appointment to Fortune Theatre Board
|
S7(2)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
|
S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
|
|
This resolution is made in
reliance on Section 48(1)(a) of the Local Government Official Information and
Meetings Act 1987, and the particular interest or interests protected by
Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of
the Official Information Act 1982, as the case may require, which would be
prejudiced by the holding of the whole or the relevant part of the
proceedings of the meeting in public are as shown above after each item.
That Mr Keith Cooper be permitted to remain at this
meeting after the public has been excluded because of his knowledge of Items
C3 and C4. This knowledge, which will be of assistance in relation to
the matters to be discussed, is relevant because he is a Director of Dunedin
City Holdings Ltd.
Motion carried (CNL/2016/033)
|
The Council moved into non-public at 1.15 pm and resumed in
public at 1.22 pm.
|
24 Conflict
of Interest Policy (Council Officers)
|
|
|
A report from Corporate Services recommended the adoption
of the Conflict of Interest Policy (Council Officers) following the
incorporation of feedback from staff and further review by the Audit and Risk
Subcommittee.
|
|
|
Cr Thomson proposed some minor amendments to the policy to
distinguish between situations were staff might be lobbied about a particular
decision or as a matter of course in their day-to-day work.
|
|
|
Moved (Cr Richard Thomson/Cr Chris
Staynes):
That the Council:
a) Adopts the
Conflict of Interest Policy (Council Officers) with the following amendments:
6.1.1
… conflicts of interest they have and the employee shall not take part
in the decision-making activity or process.
6.4.1 Last
paragraph now to read: The disclosure must detail the nature of the
employee's involvement and the nature of the dealings the organisation has
with the DCC. In some instances with the agreement of the Group
Manager, General Manager or Chief Executive Officer it may be determined that
the conflict is so indirect or insignificant or able to be managed in such a
robust way, that involvement can continue safely and transparently. The
Group Manager, General Manager or Chief Executive Officer will determine if a
management plan is required.
6.2 Delete
4.8(e) …
certain point of view and where the receipt of such lobbying would not form
part of the normal discharge of the staff member's duties; or
4.8(f) Has
a "material" relationship …
b) Notes that
the management of elected member conflicts of interest is to be part of a
separate report as part of the work to update Standing Orders and the elected
members' Code of Conduct.
Motion carried (CNL/2016/040)
|
6 Confirmation
of Minutes
|
6.1 Ordinary Council meeting - 11 April 2016
|
|
|
Moved (Mayor Dave Cull/Cr Chris
Staynes):
That the Council:
Confirms the
public part of the minutes of the Ordinary Council meeting held on 11 April 2016
as a correct record.
Motion carried (CNL/2016/041)
|
Minutes of Committees
|
7 Planning
and Regulatory Committee - 26 April 2016
|
|
|
Moved (Cr David Benson-Pope/Cr Aaron
Hawkins):
That the Council:
a) Notes Part
A items (1-6) of the minutes of the Planning
and Regulatory Committee meeting held on 26 April 2016.
Motion carried (CNL/2016/042)
|
|
8 Infrastructure
Services Committee - 26 April 2016
|
|
|
Moved (Cr Kate Wilson/Cr Mike Lord):
That the Council:
a) Notes Part
A items (1-10) of the minutes of the Infrastructure
Services Committee meeting held on 26 April 2016.
Motion carried (CNL/2016/043)
|
|
9 Community
and Environment Committee - 27 April 2016
|
|
|
Moved (Cr Jinty MacTavish/Cr Neville
Peat):
That the Council:
a) Notes Part
A items (1-10, 12) of the minutes of the Community
and Environment Committee meeting held on 27 April 2016.
b) Approves the
following Part B item of the minutes of the Community and Environment
Committee meeting held on 27 April 2016:
Item 11: Te Ao
Tūroa - Dunedin's Environment Strategy.
Motion carried (CNL/2016/044)
|
|
10 Economic
Development Committee - 16 May 2016
|
|
|
Moved (Cr Chris Staynes/Cr Andrew
Whiley):
That the Council:
a) Notes Part
A items (1-6) of the minutes of the Economic
Development Committee meeting held on 16 May 2016.
Motion carried (CNL/2016/045)
|
|
11 Finance
Committee - 16 May 2016
|
|
|
Moved (Cr Richard Thomson/Cr Hilary
Calvert):
That the Council:
a) Notes Part
A items (1-7) of the minutes of the Finance
Committee meeting held on 16 May 2016.
Motion carried (CNL/2016/046)
|
|
12 Audit
and Risk Subcommittee - 5 April 2016
|
|
|
Moved (Cr Richard Thomson/Cr Hilary
Calvert):
That the Council:
a) Notes Part
A items (1-10) of the minutes of the Audit
and Risk Subcommittee meeting held on 5 April 2016, including items C1-C4 and
C7 of the non-public part of the minutes.
b) Approves the
following Part B item of the minutes of the Audit and Risk
Subcommittee meeting held on 5 April 2016:
Item C8: Treasury
Risk Management Policy Review
c) Takes Part
C items of the minutes of the Audit and Risk Subcommittee held on Tuesday, 5
April 2016, in the non-public part of the meeting.
Motion carried (CNL/2016/047)
|
Councillor Whiley withdrew from the meeting at 1.48 pm as he
was a submitter to the process.
|
13 Dog
Control Policy and Bylaw and Keeping of Animals (Excluding Dogs) and Birds
Bylaw - 23 March 2016
|
|
|
Moved (Cr Neville Peat/Cr David
Benson-Pope):
That the Council:
a) Notes the
minutes of the Dog Control Policy and
Bylaw and Keeping of Animals (Excluding Dogs) and Birds Bylaw Hearing held on
23 and 24 March and 1 April 2016.
Motion carried (CNL/2016/048)
|
Cr Whiley returned to the meeting at 1.49 pm.
Minutes of Community
Boards
|
14 Waikouaiti
Coast Community Board - 13 April 2016
|
|
|
Moved (Cr Andrew Noone/Cr Kate Wilson):
That the Council:
a) Notes Part
A items (1-10) and public forum of the minutes of the Waikouaiti Coast Community Board meeting held on 13
April 2016.
Motion carried (CNL/2016/049)
|
|
15 Otago
Peninsula Community Board - 14 April 2016
|
|
|
Moved (Cr Neville Peat/Cr Doug Hall):
That the Council:
a) Notes Part
A items (1-12) and public forum of the minutes of the Otago Peninsula Community Board meeting held on 14
April 2016.
Motion carried (CNL/2016/050)
|
|
16 Strath
Taieri Community Board - 14 April 2016
|
|
|
Moved (Cr Mike Lord/Cr Kate Wilson):
That the Council:
a) Notes Part
A items (1-11) of the minutes of the Strath
Taieri Community Board meeting held on 14 April 2016.
Motion carried (CNL/2016/051)
|
|
17 Mosgiel
Taieri Community Board - 19 April 2016
|
|
|
Moved (Cr Kate Wilson/Cr Mike Lord):
That the Council:
a) Notes Part
A items (1-11) and public forum of the minutes of the Mosgiel Taieri Community Board meeting held on 19
April 2016.
Motion carried (CNL/2016/052)
|
|
18 Chalmers
Community Board - 20 April 2016
|
|
|
Moved (Cr Andrew Noone/Cr Doug Hall):
That the Council:
a) Notes Part
A items (1-13) of the minutes of the Chalmers
Community Board meeting held on 20 April 2016.
Motion carried (CNL/2016/053)
|
|
19 Saddle
Hill Community Board - 21 April 2016
|
|
|
Moved (Cr Andrew Whiley/Cr Mike Lord):
That the Council:
a) Notes Part
A items (1-11) of the minutes of the Saddle
Hill Community Board meeting held on 21 April 2016.
Motion carried (CNL/2016/054)
|
Reports
|
20 183
Gordon Road Easement Report
|
|
|
A report from
Parks and Recreation discussed an application by Brocorp Limited for the
grant of easements to drain sewage over part of the Mosgiel Memorial Garden
and recommended the easements be granted. The easements were to enable
the owner(s) of 183 Gordon Road to connect into the existing Council sewer
that was located within the Mosgiel Memorial Garden. The easements were
a condition of the resource consent for the three lot subdivision of 183
Gordon Road, Mosgiel.
The Council
was making two decisions. First, a decision in its capacity as the
administering body for the reserve and second, a decision to exercise the
Minister of Conservation's delegation.
|
|
|
Moved (Cr Kate Wilson/Cr Doug Hall):
That the Council:
a) Acting in
its capacity as the administering body of the Mosgiel Memorial Garden
pursuant to the Reserves Act 1977:
i) Grants
easements to drain sewage over the Mosgiel Memorial Garden at 7 Hartstonge
Avenue, Mosgiel, being Lot 2 DP 9385 as shown marked H and I on DP 489132, in
favour of Lots 1, 2 and 3 DP 489132 subject to the conditions outlined in the
report.
ii) Approves waiving
the annual rental for use of the reserve.
iii) Decides the
criteria for exemption from public notification has been met.
b) Acting under
delegation from the Minister of Conservation dated 12 June 2013, and pursuant
to section 48 of the Reserves Act 1977, consents to the grant of easements to
drain sewage over the Mosgiel Memorial Garden at 7 Hartstonge Avenue,
Mosgiel, being Lot 2 DP 9385 as shown marked H and I on DP 489132, in favour
of Lots 1, 2 and 3 DP 489132 subject to the conditions outlined in the report.
Motion carried (CNL/2016/055)
|
Cr Richard Thomson left the meeting at 1.52 pm.
|
21 Easement Request Over Dunedin Town Belt - 22 Lachlan Avenue
|
|
|
A report from Parks and Recreation and Corporate Services discussed
an application by Alistair and Josephine Regan, the owners of 22 Lachlan
Avenue, Dunedin ("Owners"). The Owners were seeking the
Council's consent to the creation of a right to drain sewage easement over
part of the Town Belt. That easement would be an easement in gross in
favour of the Council. The report recommended that the easement be
granted.
The Council was making two decisions; first,
a decision in its capacity as the administering body for the reserve and
second, a decision to exercise the Minister of Conservation's delegation.
|
|
|
Moved (Cr Mike Lord/Cr Andrew Noone):
That the Council:
a) Acting
in its capacity as the administering body of the Town Belt reserve pursuant
to the Reserves Act 1977:
i. Grants an
easement in gross in favour of the Dunedin City Council to drain sewage over
that part of the Council's Town Belt, as shown approximately as Area A on the
plan attached as Attachment C of the report, subject to the conditions
outlined in the report.
ii. Approves waiving
the annual rental for use of the reserve.
iii. Decides the
criteria for exemption from public notification has been met.
b) Acting
under delegation from the Minister of Conservation dated 12 June 2013 and
pursuant to section 48 of the Reserves Act 1977, consents to the grant of an
easement in gross in favour of the Dunedin City Council, as shown
approximately as area A on the plan attached as Attachment C of the report,
subject to the conditions outlined in the report.
Motion carried (CNL/2016/056)
|
Cr Richard Thomson returned to the meeting at 1.56 pm.
|
22 Tree
Harvesting at Waikouaiti Reserve
|
|
|
A report from
Parks and Recreation sought approval for the harvesting of the remaining nine
hectares of planted pine forest and additional wilding pines at the
Waikouaiti Beachfront Reserve. Council approval was required to harvest
trees on land classified under the Reserves Act.
The remaining
pine trees at the Waikouaiti Beachfront Reserve required harvesting as the
crop was reaching the end of its prime harvest window. The initial
lease for the forested land was granted on the condition that the net harvest
profits would be invested in improvements to the Waikouaiti Domain.
|
|
|
Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council
a)
Invites the Chairperson of the Waikouaiti Coast Community Board
to the table to participate in the discussion.
Motion
carried (CNL/2016/057)
|
|
|
Moved (Cr Andrew
Noone/Cr Kate Wilson):
That the Council:
a) Approves harvesting
of approximately nine hectares of pine forest and additional wilding pine
outliers at Waikouaiti Beachfront Reserve
b) Approves allocation
of harvest profit to the Waikouaiti Forest Reserve Fund
c) Approves replanting
of the harvested area in accordance with a landscape management plan
d) Delegates approval
of a landscape management plan for the Waikouaiti Domain and Waikouaiti
Beachfront Reserve to the Waikouaiti Coast Community Board, subject to the
Group Manager Parks and Recreation being satisfied that the plan aligns with
the Council's strategic framework.
e) Approves funding
the implementation of the landscape management plan from the Waikouaiti
Forest Reserve Fund.
Motion
carried (CNL/2016/058)
|
Cr Andrew Whiley declared an interest and withdrew from the
meeting at 2.06 pm as he was a submitter to the process.
|
23 Amended
Proposed Dog Control Policy and Bylaw 2016 and Keeping of Animals (Excluding
Dogs) and Birds Bylaw 2016
|
|
|
A report from
Regulatory Services presented the amended proposed Dog Control Policy and
Bylaw 2016 and the proposed Keeping of Animals (Excluding Dogs) and Birds
Bylaw 2016.
A hearing
panel made up of Councillors Peat (Chair), Lord and Hall considered all
submissions and had recommended a number of changes to the proposed Dog
Control Policy and Bylaw and no changes to the proposed Keeping of Animals
(Excluding Dogs) and Birds Bylaw.
Staff responded to a considerable number of questions from
Councillors.
|
|
Adjournment of
meeting
|
|
|
Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Adjourns the
meeting for five minutes.
Motion
carried (CNL/2016/059)
|
|
|
The meeting adjourned
from 2.55 pm to 3.01 pm.
|
|
|
Moved (Cr Neville
Peat/Cr Hilary Calvert):
That the Council:
a) Approves and adopts the Dog Control Policy 2016 as amended by the
Hearings Committee, with an operative date of 1 July 2016.
b) Determines that
the proposed Dog Control Bylaw 2016 is necessary and is the most appropriate
form of bylaw and that it does not give rise to any implications under the
New Zealand Bill of Rights Act 1990.
c) Makes the
proposed Dog Control Bylaw 2016 as amended by the Hearings Committee,
with an operative date of 1 July 2016.
d) Revokes
the 2004 Dog Control Policy and Bylaw, with the effect of revocation being 1
July 2016.
e) Determines that
the proposed Keeping of Animals (excluding dogs) and Birds Bylaw 2016 is necessary
and is the most appropriate form of bylaw and that it does not give rise to
any implications under the New Zealand Bill of Rights Act 1990.
f) Makes the
proposed Keeping of Animals (excluding dogs) and Birds Bylaw 2016
amended by the Hearings Committee, with an operative date of 1 July 2016.
g) Revokes
the 2010 Keeping of Animals (excluding dogs) and Birds Bylaw, with the effect
of revocation being 1 July 2016.
|
|
|
An amendment was moved
to Part c of the motion.
|
|
|
Moved (Cr
David Benson-Pope/Cr Richard Thomson):
That the Council:
c) Makes the proposed Dog
Control Bylaw 2016 as amended by the Hearings Committee, with the addition
that current restrictions in commercial areas in Schedule D continue, with an
operative date of 1 July 2016.
Division
Voting was carried out by division.
For: Mayor
Dave Cull, Crs Chris Staynes, David Benson-Pope, Aaron Hawkins, Jinty
MacTavish and Richard Thomson (6).
Against: Crs Hilary Calvert,
Doug Hall, Mike Lord, Andrew Noone, Neville Peat and Kate Wilson (6).
An equality of votes was recorded 6:6 following which the
Mayor used his casting vote in favour of the motion.
Motion
carried (CNL/2016/060)
|
|
|
Following further discussion the
substantive motion was then put.
Motion carried (CNL/2016/061)
|
|
|
Moved (Cr
Jinty MacTavish/Cr Neville Peat):
That the Council:
a) Requests
that staff, as part of the development of the coordinated cross-agency
approach to pest management, review the measures Council currently has in
place to address the public nuisance associated with stray and feral cats,
and recommend to Council alternative or additional measures that could be
employed.
Cr Andrew Whiley returned to the meeting at 3.50 pm.
Cr Richard Thomson left the meeting at 3.52 pm.
Motion carried (CNL/2016/062)
|
The meeting concluded at 3.56
pm.
..............................................
MAYOR
