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 3 October 2016, commencing at 1.00 pm

 

PRESENT

 

Mayor

Mayor Dave Cull

 

Deputy Mayor

Cr Chris Staynes

 

Members

Cr David Benson-Pope

Cr John Bezett

 

Cr Doug Hall

Cr Aaron Hawkins

 

Cr Mike Lord

Cr Jinty MacTavish

 

Cr Andrew Noone

Cr Neville Peat

 

Cr Richard Thomson

Cr Lee Vandervis

 

Cr Andrew Whiley

Cr Kate Wilson

 

 

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager Strategy and Governance), Kristy Rusher (Manager Civic and Legal), Gavin Logie (Acting Chief Financial Officer), Scott Tobin (Audit New Zealand) and Keith Cooper (Dunedin City Holdings Ltd)

 

Governance Support Officer      Jennifer Lapham

 

 

1       Public Forum

There was no Public Forum.   

 

2       Apologies

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

Accepts the apology from Cr Hilary Calvert.

 

Motion carried (CNL/2016/130)

 

 

3       Confirmation of agenda

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

Confirms the agenda with items 14, 15 and 16 to be taken following the non-public items.

 

Motion carried (CNL/2016/131)

 

 

4       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.

 

There were no declarations of interest declared.

5       Confirmation of Minutes

5.1    Ordinary Council meeting - 19 September 2016

 

Cr Whiley advised that he withdrew from item 29.

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 19 September 2016 as a correct record.

 

 Motion carried (CNL/2016/132)

Minutes of Committees

6       Hearings Committee - 23 August 2016

 

Moved (Mayor Dave Cull/Cr Lee Vandervis):

 

That the Council:

 

a)     Confirms the minutes of the Hearings Committee held on 23 August 2016 as a correct record (82 Riccarton Road East, Mosgiel).

Motion carried (CNL/2016/133)

 

 

7       Hearings Committee - 24 August 2016

 

Moved (Cr Andrew Noone/Cr Lee Vandervis):

 

That the Council:

 

a)     Confirms the minutes of the Hearings Committee held on 24 August 2016 as a correct record (10 Riccarton Road West, Mosgiel).

Motion carried (CNL/2016/134)

 

8       Hearings Committee - 31 August 2016

 

Moved (Cr Andrew Noone/Cr Lee Vandervis):

 

That the Council:

 

a)     Confirms the minutes of the Hearings Committee held on 31 August 2016 as a correct record (40 Beach Street, Port Chalmers).

Motion carried (CNL/2016/135)

 

9       Development Contributions Subcommittee - 2 September 2016

 

Moved (Cr Richard Thomson/Cr Kate Wilson):

 

That the Council:

 

Confirms the public part of the minutes of the Development Contributions Subcommittee held on 2 September 2016 as a correct record.

Motion carried (CNL/2016/136)

Reports

10     Annual Reports of the Subsidiaries and Associate Companies of Dunedin City Holdings Limited 2015/2016

 

A report from Finance advised that the subsidiaries and associate companies of Dunedin City Holdings Ltd (DCHL) were required to prepare and present an annual report to Council for noting.

 

 

Dunedin City Holdings Ltd representative (Keith Cooper) and the Acting Chief Financial Officer (Gavin Logie) commented on the report and responded to questions from Councillors.

 

 

Moved (Cr Andrew Noone/Cr Jinty MacTavish):

 

That the Council:

 

a)     Notes the annual reports for the subsidiaries and associate companies of Dunedin City Holdings Limited for the year ended 30 June 2016.

Motion carried (CNL/2016/137)

 

11     Dunedin City Council Annual Report 2016

 

A report from Finance asked the Council to approve and adopt the Annual Report for the Dunedin City Council in the financial year ended 30 June 2016.

 

 

The Chief Financial Officer (Gavin Logie) and Scott Tobin (Audit New Zealand) commented on the report and responded to questions from Councillors. 

 

 

Moved (Cr Richard Thomson/Cr Chris Staynes):

 

That the Council

 

a)     Approves and adopts the Dunedin City Council Annual Report and summary report for the financial year ended 30 June 2016, subject to any minor editing required between adoption and final publication.

b)     Authorises the Mayor and Chief Executive to sign the Statement of Responsibility on behalf of Council.

c)     Authorises the Mayor and Chief Executive to sign the Letter of Representation on behalf of Council.

Motion carried (CNL/2016/138)

 

12     Delegations in the Interregnum Period

 

A report from Civic and Legal noted that the interregnum period was the period between the discharge of the Council and the swearing in of the new Council.  It was anticipated to occur between 15 October and 25 October 2016.

The Council must provide for the effective and efficient conduct of the Council's business during the interregnum.

 

 

Moved (Cr John Bezett/Cr Mike Lord):

 

That the Council:

 

a)     Approves the following appointments and powers:

i)      That Andrew Noone, Lee Vandervis and Andrew Whiley (or Kate Wilson, Aaron Hawkins or David Benson-Pope to act as alternates where one of the other delegate(s) is unavailable or not willing to act) be appointed to act together as Commissioners to undertake the responsibilities of the Hearings Committee from 8 October 2016 until that matter has proceeded to a decision.  This delegation will expire when all matters commenced immediately prior to the date a Hearings Committee is appointed have proceeded to a decision. 

Explanatory Note: the Hearings Committee appointed by Council in the new Triennium is to consider any matters which require a hearing after the date that a new Committee is appointed, but any matters commenced after 8 October 2016 and prior to that appointment date will continue under this delegation until a decision has issued.

ii)     That from 8 October 2016 the Chief Executive Officer in consultation with the Resource Consents Manager or City Development Manager as appropriate, be authorised to appoint one or more independent commissioner(s) for hearings where:

·           The Council is the landowner, lessee, applicant, requiring authority, has a financial interest, or the Council has any other role where the perception of bias or impartiality in its quasi-judicial decision making capacity cannot be avoided; or

·           A Commissioner(s) appointed as provided for in the above circumstances is unavailable or not willing to act; or

·           A joint hearing is to be convened.

This delegation expires on the appointment of a new Hearings Committee.

iii)    That from 8 October 2016, Andrew Noone be delegated the power to negotiate and/or resolve any appeal on a resource consent decision.  This delegation is to expire on the appointment of a new Hearings Committee. 

iv)    That from 8 October 2016, until the date that a new Hearings Committee is appointed Andrew Noone is authorised to:

·           Determine any matters regarding minor alterations to designations

·           Initiate or join any Environment Court proceedings under the Resource Management Act 1991

·           Negotiate and resolve or withdraw from any proceeding arising from 4(b) above

·           Select the chairperson or mediator for pre-hearing meetings pursuant to s99 and s99A of the Resource Management Act 1991.

v)     That from 8 October 2016 until the inaugural meeting of the Council the Chief Executive Officer is authorised to make decisions in respect of urgent matters.  Where the Mayor elect is known, this will be in consultation with the Mayor elect.

vi)    In the event of a pandemic or emergency occurring the Chief Executive Officer (or Acting Chief Executive Officer) is delegated all of the powers and functions of the local authority (other than those which may not be delegated).  This delegation expires on the convening of a valid meeting of the Dunedin City Council.

Motion carried (CNL/2016/139)

 

13     Notice of Motion - Transfer of Public Transport Functions

 

Cr MacTavish introduced the following Notice of Motion and the reasons behind presenting it at Council.

 

That the Council:

 

a)        Notes that the Otago Regional Council has offered to transfer public transport functions to the Dunedin City Council.

b)        Notes that the Dunedin City Council has supported the transfer in principle (subject to further investigation and a report back to Council for a final decision prior to consultation).

c)         Notes that collaboration between the two councils on public transport planning is important in this context.

d)        Notes the importance of a well-designed, strategically located bus hub for Dunedin's economic, social and environmental wellbeing.

e)        Notes that, to support delivery of Dunedin's Integrated Transport Strategy, the bus hub must facilitate easy transfers between different modes of transport, both local and national.

f)         Notes the opportunities for excellent urban design outcomes potentially afforded by collaboration around design and delivery of central city initiatives:

- the Central City Plan

- the Dunedin Hospital rebuild

- planned tertiary precinct works, and

- the city's proposed bus hub

- implementation of parking reviews

 

g)        Reiterates the request made in 2015/16 and 16/17 submissions to the Otago Regional Council's budget planning processes, for close collaboration on the proposed bus hub.

h)        Expresses concern about the current proposed location and design of the bus hub, and requests urgent cross-council collaboration to resolve these issues.

 

Discussion took place on the Notice of Motion and with the agreement of the mover and seconder amendments were made to parts g and h of the motion.

 

During the discussion it was moved (Mayor Cull/Staynes):

 

That the Council:

 

        a)      Adjourns the meeting.

 

                  Motion carried

 

The meeting adjourned from 1.58 pm to 2.02 pm.

 

The Mayor advised he would take each item separately.

 

 

Moved (Cr Jinty MacTavish/Cr David Benson-Pope):

 

That the Council:

 

 

a)     Notes that the Otago Regional Council has offered to transfer public transport functions to the Dunedin City Council.

b)     Notes that the Dunedin City Council has supported the transfer in principle (subject to further investigation and a report back to Council for a final decision prior to consultation).

c)     Notes that collaboration between the two councils on public transport planning is important in this context.

d)     Notes the importance of a well-designed, strategically located bus hub for Dunedin's economic, social and environmental wellbeing.

e)     Notes that, to support delivery of Dunedin's Integrated Transport Strategy, the bus hub must facilitate easy transfers between different modes of transport, both local and national.

f)     Notes the opportunities for excellent urban design outcomes potentially afforded by collaboration around design and delivery of central city initiatives:

- the Central City Plan

- the Dunedin Hospital rebuild

- planned tertiary precinct works, and

- the city's proposed bus hub

- implementation of parking reviews

g)     Encourages both Councils to continue to work collaboratively to achieve a mutually beneficial outcome for the proposed bus hub.

h)     That the Mayor be requested to approach the Otago Regional Council for discussion on the issues raised at a governance level.

 

Motion A was put and carried

Motion B was put and carried

Motion C was put and carried

Motion D was put and carried on a division (13:1)

For:            Crs Benson-Pope, Bezett, Hall, Hawkins, Lord, MacTavish, Noone, Peat, Staynes, Thomson, Whiley, Wilson and Mayor Cull

Against:   Cr Vandervis

Motion E was put and carried on a division (13:1)

For:            Crs Benson-Pope, Bezett, Hall, Hawkins, Lord, MacTavish, Noone, Peat, Staynes, Thomson, Whiley, Wilson and Mayor Cull

Against:   Cr Vandervis

Motion F was put and carried on a division (12:2)

For:            Crs Benson-Pope, Bezett, Hall, Hawkins, MacTavish, Noone, Peat, Staynes, Thomson, Whiley, Wilson and Mayor Cull

Against:   Crs Lord and Vandervis

Motion G was put and carried

Motion H was put and carried.

 

Motion carried (CNL/2016/140)

 

MINUTES OF COMMITTEEs

17     Audit and Risk Subcommittee - 13 September 2016

 

Moved (Cr Chris Staynes/Mayor Dave Cull):

 

That the Council

 

a)     Notes Part A items of the minutes of the Audit and Risk Subcommittee meeting held on 13 September 2016.

b)     Takes Part C items of the minutes of the Audit and Risk Subcommittee held on Tuesday, 13 September 2016, in the non-public part of the meeting.

Motion carried (CNL/2016/141)

 

18     Audit and Risk Subcommittee - 29 September 2016

 

Moved (Cr Chris Staynes/Mayor Dave Cull):

 

That the Council:

 

a)     Notes Part A items of the minutes of the Audit and Risk Subcommittee meeting.

b)     Takes Part C items of the minutes of the Audit and Risk Subcommittee held on Thursday, 29 September 2016, in the non-public part of the meeting.

Motion carried (CNL/2016/142)

 

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, excludes 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 - 19 September 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  Development Contributions Subcommittee - 2 September 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.

 

 

C6  Audit and Risk Subcommittee - 13 September 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.

 

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

S7(2)(c)(ii)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

S6(b)

The making available of the information would be likely to endanger the safety of a 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.

 

C7  Audit and Risk Subcommittee - 29 September 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.

 

S7(2)(b)(i)

The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

 

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 Appointment for Dunedin City Holdings Limited and Dunedin City Treasury 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 to protect the privacy of individuals noting that the information relating to the appointment or reappointment of directors will be made public by the Mayor and Chair of Dunedin City Holdings Limited once the applicants have been notified of the decision of Council.

 

C4  Annual Report of Dunedin City Holdings Limited for the Financial Year 2015/16

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

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.

The commercial information within this report has not yet been the subject of a final audit opinion and Council and it is also subject to final director approval.

 

Consideration of this matter in public may prejudice the commercial interests of the entity that is the subject of the auditor's advice.

 

C5  CEO Appraisal and Remuneration

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.

I also move that Scott Tobin (Audit New Zealand) and Keith Cooper (DCHL) be permitted to remain in the meeting, after the public has been excluded because of their knowledge of item C4: Annual Report of Dunedin City Holdings Limited for the Financial Year 2015/16.  This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because they have knowledge of the audit process.

        Motion carried (CNL/2016/143)

 

The meeting moved into non-public at 2.15 pm.

 

14     Acknowledgement of Retiring Community Board Members

 

Councillors paid tribute to the retiring Community Board members, some of whom had served their communities tirelessly for many years, and acknowledged the work they had carried out and projects they had been involved with during their time on the Boards.

 

 

Moved (Cr Andrew Noone/Cr Jinty MacTavish):

 

That the Council:

 

 

a)     Records its sincere thanks to the following retiring Community Board members for their loyal and conscientious service given to the City of Dunedin:

 

Chalmers Community Board

Mel Aitken                                       2010-2016

 

Mosgiel Taieri Community Board

Bill Feather (Chairperson)                   2007-2016

 

Otago Peninsula Community Board

Christine Garey (Chairperson)             2007-2016

 

Saddle Hill Community Board

John Moyle                                      2007-2016

Jonathan Usher                                2007-2016

 

Strath Taieri Community Board

Russell Anderson                              1989-2016

 

Waikouaiti Coast Community Board

Gerard Collings (Chairperson)              2001-2016

Tracey Scurr                                    2013-2016

 

Motion carried (CNL/2016/144)

 

15     Acknowledgement of Service of Retiring Members

 

The Council heard valedictions from and paid tribute to retiring Councillors. 

 

Each Councillor in turn commented on their time on the Council, their experiences, their positions of responsibility, and provided anecdotes.  They also paid tribute to current and former fellow Councillors they had worked with and those who had mentored them, staff, their families, members of the community they had been involved with during this time, and people who had voted for them over the years.

 

Councillors took the opportunity to pay tribute to the contributions, commitment, strengths, personal qualities and service of each of the retiring Councillors, their particular interests and involvements, the projects they had worked on, and the positions they had held.

 

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

 

That the Council:

 

a)     Records its sincere thanks to John Bezett for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for 30 years during the period 1989 to 1992 and 1995 to 2016, and the pre-amalgamation Dunedin City Council from 1983 to 1989. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

b)     Records its sincere thanks to Hilary Calvert for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for three years during the period 2013 to 2016. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

c)     Records its sincere thanks to Jinty MacTavish for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for six years during the period 2010 to 2016. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

d)     Records its sincere thanks to Andrew Noone for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for 18 years during the period 1998 to 2016. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

e)     Records its sincere thanks to Neville Peat for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for three years during the period 2013 to 2016. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

f)     Records its sincere thanks to Richard Thomson for the loyal and conscientious service given to the City of Dunedin as a member of the Dunedin City Council for six years during the period 2010 to 2016. 

The Council extends sincere appreciation for the services rendered and every good wish for the future.

Motion carried (CNL/2016/145)

 

16     Final Meeting of Triennium

 

Mayor Cull here reflected on what the Council had achieved during the course of the triennium and commented on various projects. 

 

 

 

The meeting concluded at 4.07 pm.

 

 

 

 

 

……………………………                                                         ……………………………………

MAYOR                                  CHIEF EXECUTIVE