Notice of Meeting:

I hereby give notice that an ordinary meeting of the Planning and Environment Committee will be held on:

 

Date:                             Tuesday 17 October 2017

Time:                            1.30 pm (or at the conclusion of the previous meeting, whichever is later)

Venue:                          Edinburgh Room, Municipal Chambers,

                                      The Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

Planning and Environment Committee

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Cr David Benson-Pope

 

Deputy Chairperson

Cr Damian Newell

Cr Conrad Stedman

 

Members

Mayor Dave Cull

Cr Rachel Elder

 

Cr Christine Garey

Cr Doug Hall

 

Cr Aaron Hawkins

Cr Marie Laufiso

 

Cr Mike Lord

Cr Jim O'Malley

 

Cr Chris Staynes

Cr Lee Vandervis

 

Cr Andrew Whiley

Cr Kate Wilson

 

Senior Officer                               Nicola Pinfold (Acting General Manager Strategy and Governance)

 

Governance Support Officer      Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

 

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 


Planning and Environment Committee

17 October 2017

 

 

 

ITEM TABLE OF CONTENTS                                                                   PAGE

 

1        Public Forum                                                                                             4

2        Apologies                                                                                                  4

3        Confirmation of Agenda                                                                              4

4        Declaration of Interest                                                                                5      

Part A Reports (Committee  has power to decide these matters)

5          Planning and Environment Non-Financial Activity Report for the Quarter Ended 30 September 2017                                                                                      15

6        Review of Gambling and TAB Venue Policy                                                    26

7        Animal Services Annual Report to the Department of Internal Affairs                 45

8        Review of 12 Month Trial Permitting Dogs in DCC Owned Cemeteries                 51

9        Review of South Dunedin Project: - What lies beneath - Looking at the changing ground environment in South Dunedin                                                                    65

10      Responding to requests to endorse 'Our Climate Declaration' and the call for a Zero Carbon Act                                                                                              66

11      Extension of time for delivery of 2GP decision                                               75

12      Items for consideration by the Chair                                                            82             

 

 


Planning and Environment Committee

17 October 2017

 

 

 

1     Public Forum

At the close of the agenda no requests for public forum had been received.

2     Apologies

At the close of the agenda no apologies had been received.

3     Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

 

 

        RECOMMENDATIONS

       

        That the Committee:

 

        Confirms the agenda with the following alteration:

 

-        In regard to Standing Order 2.1, Option C be adopted in relation to moving and seconding and speaking to amendments.

-        Item 9 be taken at an appropriate time in the meeting following the arrival of the students.

 

       


Planning and Environment Committee

17 October 2017

 

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

1.     Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

2.     Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

RECOMMENDATIONS

That the Committee:

a)     Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)     Confirms/Amends the proposed management plan for Elected Members' Interests.

 

 

Attachments

 

Title

Page

a

Register of Interest

7

  



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17 October 2017

 

 

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Planning and Environment Committee

17 October 2017

 

 

Part A Reports

 

Planning and Environment Non-Financial Activity Report for the Quarter Ended 30 September 2017

Department: Customer and Regulatory Services and Community and Planning

 

 

 

 

EXECUTIVE SUMMARY  

1      This report updates the Committee on activities including city development, resource consents, building services, alcohol licensing, environmental health, animal control and parking enforcement.

RECOMMENDATIONS

That the Committee:

a)     Notes the Planning and Environment Non-Financial Activity Report for the Quarter Ended 30 June 2017.

 

 

BACKGROUND

2      The Community and Planning group of activities works with other agencies to set the direction for managing Dunedin’s built and natural environment, and is responsible for promoting the sustainable management of the natural and physical resources through its administration of the functions of the Council under the Resource Management Act 1991 (RMA).

3      Regulatory Services contributes directly to the Safe and Health City outcome which is a part of the Social Wellbeing Strategy and enhances personal safety in relation to building services, animal services, health licensing, the sale and supply of alcohol and parking enforcement.

DISCUSSION

Service and Satisfaction

4      The Residents’ Opinion Survey (ROS) is the principal mechanism by which the Council measures resident satisfaction with a wide range of its activities.

5      From July 2016 the ROS has been conducted on a continuous monthly basis, aiming to obtain around 100 responses each month, to replicate the average annual sample size of around 1,200 obtained in previous years. The quarterly results in the graphs below generally reflect the response of around 300 residents. A sample of 300 has an expected 95% confidence interval (margin error) or +/- 5.7%, whereas the annual result for 2015/16 had a margin error or +/- 2.5%. Aggregate results for the year will continue to be published in the annual ROS report. Notable results are listed in the balances of this report.

Satisfaction with Look and Feel of the City

6      A 6% increase in satisfaction with ‘overall look and feel of the city’ was reported as at 31 August 2017. September results are currently not available.

Satisfaction with Regulatory Services

7      There is no change in satisfaction with ‘overall satisfaction with Regulatory Services’ as at 31 August 2017. September results are currently not available. 

 

Value and Efficiency

Resource Consents

8      During the quarter applications were processed within the statutory timeframe. The number processed for each month was 68, 86 and 86. The graph shows on a monthly basis resource consent processing over the last five years up to September 2017. The blue line shows the percentage meeting the statutory deadline; ranges from 97 to 100. The red line shows the number of resource consents granted each month; five year average is 71. The fluctuation is normal. The low points are normally the December to January period during summer holiday period.

Building Consents

9      The number of building consent applications for the nine months through to 30 September 2017 continue to track at record levels. The external auditors IANZ, left on 29 September having completed their audit (undertaken every two years). We are awaiting the final report with early indications of a positive result.

10    Overall consents values for the quarter remain in line with previous figures at $93.9M. Live consent numbers as at 29 Sept were 126 having reduced over the last 10 days of the quarter with lessor incoming consent applications received. As previously projected and reported, pressure on the 20 working day turnaround was seen throughout August (96.3%) and September (95%). With the new processing officers starting to be productive and the long term absence team members returning, it is projected that October and beyond will see 100% within timeframe. Towards the end of 2017 we will be assessing the need to continue to outsource consent applications. 

Alcohol Licensing

11    The number of on-licensed premise is down on the numbers for the corresponding time last year as indicated in the graphs below.  Some of this is due to licences attached to premises that have ceased trading expiring.  When a premise ceases trading and there is a current licence it remains attached to the premises until the expiry date is reached.  This allows any person who wants to sell and supply alcohol at that location to obtain a ‘temporary authority’ to begin trading while their own licence application is determined.  Once the original licence expires a temporary authority for a premise is no longer an option.

12    Premises changing ownership is not reflected in the number of licences currently in Dunedin.

13    The off-licence premises decrease is a result of some licensees not renewing their off licences attached to taverns because they cannot compete with the larger franchise operations or the supermarket chains.  The cost of renewing a licence in some such situations is not considered viable when compared to their sales.

14    Initially, when the new licensing regime was introduced, some clubs decided not to renew their licences because of cost involved.  In the last two years this number has stabilised.

 

 

15    The number of special licence applications received each month fluctuates during the year depending on the season.  This financial year is mirroring previous years with no significant difference in numbers when compared to last year.

Environmental Health

16    The percentage of ‘A’ grade food premises has remained relatively stable over the last 15 months. New food businesses are not graded immediately and therefore it will be very difficult to achieve a higher proportion of ‘A’ grade premises. Environmental Health staff work closely with food operators to assist them to maintain food standards at a very high level.    


 

Environmental Health - Noise

17    As expected noise complaint numbers have increased compared to the last quarter. There is usually an increase near the end of the tertiary year as students finish their lectures and an increase in October when exams are over. Proactive work with the University Proctor and student landlords is on-going.

 

Animal Services

18    Animal Services customer requests are stable and remain in line with the previous months. The number of requests is less those for the same quarter last year.


 

Parking Services

19    The quarter ending September shows a decrease in infringements issued, when there was a focus on implementing the new ticket writers and a significant number of staff off due to unplanned leave.

 

20    Parking Services customer requests for this quarter remained relatively consistent without any noticeable trends being shown.

 

 

Major Initiatives

21    The following section is not confined to the July to September 2017 quarter and also provides updates on the current status of the initiatives.

22    Proposed Second Generation Dunedin City District Plan (2GP) - Hearings on the 2GP commenced in May 2016, and have been completed with the exception of two hearings.  A reconvened hearing and a wrap up hearing are scheduled for early and late November.  Of the 29 decision reports needed for the overall 2GP decision, 8 have been drafted and are with the 2GP Hearings Panel for consideration. Another 16 draft decisions are expected to be completed this year, and the remaining 5 next year.  Once all the decisions have been completed, the overall decision on the 2GP can be publicly notified.

23    It is anticipated that the decisions will be completed by March at the earliest. However a 12 month extension to the programme has been sought via concurrent report to this committee to cover all possible eventualities.

24    Port Environment Noise Liaison Committee – The most recent meeting of the above Committee was held on Monday 4 September 2017.  A briefing was provided about the anticipated timing and implementation of two major projects at Port Otago – the proposed earthworks for land stability purposes at Flagstaff Hill, and the proposed extension of the multi-purpose wharf.   Both projects have resource consent.  

25    The latter gave rise to concerns and discussion about the effect of construction noise, as the wharf construction would require a long period of piling.    The representatives of Port Otago indicated that they would undertake door knocking to speak to residents in the Port Chalmers/Careys Bay area, in response to criticism about the reliance on the distribution of flyers to inform residents. Subsequent to the meeting there has been an article in the ODT about the wharf project and piling work involved.     

26    Other matters discussed included an update about a proposal for murals on A Shed.    The proposed murals are intended to improve the visual experience for cruise ship visitors and the community.   The project is now proceeding to the design stage, with artists engaged.

27    Following the regular update about acoustic treatment work on residential buildings surrounding the port, clarification was sought about the expenditure and extent of work by Port Otago on this matter.     

28    The next meeting was confirmed for Tuesday 7 November.

Capital Projects

29    Central City Plan (CCP) – Construction of Jetty Street upgrades are due for completion by 14 October 2017 (in time for the Vogel Street Party). Stage III/IV Warehouse Precinct upgrades were signed off at the Council meeting on 26 September 2017, with tendering to begin shortly and the works to commence in 2018.

30    Transport and City Development teams are mapping a strategic way forward for CCP work in 2017-19, setting out a preliminary project structure for the delivery phase, and seeking feedback on a draft Dunedin Street and Open Space Design Guide (being developed with Boffa Miskell). A full report will be provided to the Planning and Environment Committee in due course.

31    CCP Paving Trial – New pavers are being trialled in the northwest quadrant of the Octagon, with installation nearly complete. The public are encouraged to view, use and comment (feedback closes 17 November 2017), and staff will assess how the pavers respond to different maintenance treatments. This feedback will inform the final Central City Plan palette.

OPTIONS

32    As this is an update report there are no options.

NEXT STEPS

33    A further update report will be provided after the conclusion of the next quarter.

 

Signatories

Author:

Adrian Blair - Group Manager Customer and Regulatory Services

Nicola Pinfold - Group Manager Community and Planning

Authoriser:

Simon Pickford - General Manager Community Services

Attachments

There are no attachments for this report.

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This report relates to providing a public service and it is considered good-quality and cost-effective.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The Planning and Environment portfolio of activities support the outcomes of a number of strategies.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

As an update report, there are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

As an update report, there are no implications for the LTP, although some measures are level of service performance measures annually reported as part of the LTP.

Financial considerations

The updates reported are within existing operating and capital budgets.

Significance

This decision is considered of low significance under the Significance and Engagement Policy.

Engagement – external

As an update report, no external engagement has been undertaken.

Engagement - internal

As an update report, no internal engagement has been undertaken. Input to the major initiatives and project updates has been provided by teams within Regulatory Services and Community and Planning Groups, with the Group Manager Transport also providing input regarding the Central City Plan.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no specific implications for Community Boards.

 

 


Planning and Environment Committee

17 October 2017

 

 

 

Review of Gambling and TAB Venue Policy

Department: Community and Planning and Customer and Regulatory Services

 

 

 

 

EXECUTIVE SUMMARY  

1      The Dunedin City Council’s (DCC’s) Gambling and TAB Venue Policy (the policy) is due for review. There are three main legislative requirements for this review:

a)     The Gambling Act 2003 (the ‘Act’) requires all territorial authorities to have a policy stating if it would allow new class 4 (non-casino gambling or ‘pokie’ machine), venues within its district and, if so, where they may be situated.  The policy may also limit the number of electronic gambling machines (EGM) at those locations.

b)     The Gambling (Gambling Harm Reduction) Amendment Act 2013 requires territorial authorities to include a ‘relocation policy’ which sets out if and when it will grant consent for a venue to relocate within its district.

c)     The Racing Act 2003 requires territorial authorities to adopt a policy on New Zealand Racing Board venues (TABs) within its district. 

2      Dunedin’s first Gambling and TAB Venues Policy took effect in March 2004, and at that time there were no restrictions on the number of venues or electronic gambling machines (EGMs).  When the Policy was last reviewed in 2013, a sinking lid was adopted for South Dunedin and a cap introduced for the rest of the Dunedin area (Attachment A).  The number of venues and EGMs in the Dunedin area has continued to fall.

3      Following some pre-consultation, this report recommends a draft Statement of Proposal for community consultation with preferred options of extending the sinking lid which is currently in place in South Dunedin, throughout the Dunedin district, and of not granting consent for relocating gambling venues.  The preferred options recognise the purpose of the Act which is to control the growth of gambling and to prevent and minimise harm from gambling, notwithstanding the fact that it is a legal activity in New Zealand with some people gaining enjoyment from it, and recognising that there are benefits to communities derived from the distribution of some of the income from EGMs.  The policy does not affect existing gambling venues.

RECOMMENDATIONS

That the Council:

a)     Approves the draft Gambling and TAB Venue Policy and draft Statement of Proposal (or amended versions) for community consultation

b)     Appoints the members of the Hearings Committee as follows:

i)      Councillor David Benson-Pope (Chair)

ii)     Councillor Marie Laufiso

iii)    Councillor Conrad Stedman

 

BACKGROUND

Legislative requirements

4      The Act requires all territorial authorities to have a policy stating if it would allow new non-casino gambling, or ‘pokie’ machine, venues within its district and, if so, where they may be situated.  The policy can also limit the number of electronic gambling machines (EGM) at those locations.  There is a statutory requirement to review the policy at least every three years. Since the Policy first took effect in 2004, it has been reviewed three times.

5      Matters considered during the development of the policy are detailed in section 104(4) of the Act:

·           The characteristics of the district and parts of the district

·           Locations of kindergartens, early childhood centres, schools, places of worship and other community facilities

·           The number of gambling machines that should be permitted to operate at any venue or class of venue

·           The cumulative effects of additional opportunities for gambling in the district

·           How close any venue should be permitted to be to any other venue

·           What the primary activity of any venue should be

6      Under the Act, Gambling Venue Policies may not apply to any venue that held a gambling licence on 17 October 2001. Some of these venues do not currently operate the full number of EGMs they are entitled to operate under their initial licence conditions. This means that, in spite of a sinking lid, the number of EGMs across Dunedin could still increase if gambling licensees who held a licence at 17 October 2001 choose to increase the number of their EGMs. Also, if a venue closes it does not lose its status as a gambling venue until there is a continuous period of six months during which EGMs are not used.

7      Requirements of the Gambling (Gambling Harm Reduction) Amendment Act 2013 must also be considered. This Act introduced section 101(5) to the Act which requires territorial authorities to include a ‘relocation policy’ which sets out if and when it will grant consent for a gambling venue to relocate within its district.  This review must address this policy.

8      The Racing Act 2003 also requires territorial authorities to adopt a policy on New Zealand Racing Board venues (TABs) within its district.  The Gambling and Racing Acts were introduced so territorial authorities, in consultation with their communities, had some control over the location and number of gambling venues in its area. The Policy meets requirements of both the Gambling Act and the Racing Act.

9      While the DCC must have a Gambling Venue Policy, the Department of Internal Affairs (DIA) is the licensing authority and is responsible for the granting or refusing of gambling licences. A gambling venue licence must be renewed within three years after it is issued or at an earlier date if specified by the DIA.

Dunedin’s policy

10    The first two reviews of the policy resulted in no changes because the numbers of venues and EGMs have been trending down. During the last review of the policy in 2013, and considering the matters detailed in the Act and described earlier in this report, the Council resolved to introduce a sinking lid approach to the number of venues and machines in South Dunedin, and to cap the numbers in the rest of the Dunedin area (Attachment B).  South Dunedin is an area with a very high number of EGMs per 1000 people compared to the rest of Dunedin and New Zealand. The following table shows the numbers of venues and EGMs in the two areas since the policy was amended in 2013:

Table 1: Venue and EGM numbers in the South Dunedin area

and Rest of Dunedin

 

Venues

EGMs

 

South Dunedin

Rest of Dunedin

South Dunedin

Rest of Dunedin

2013

11

30

156

363

2014

9

28

132

355

2015

9

27

133

312

2016

9

23

133

290

               South Dunedin: sinking lid to 5 venues, 50 EGMs

                   Rest of Dunedin: capped at 30 venues, 362 EGMs

11    Since the adoption of the first GVP in 2004 and the amendment in 2013, the number of venues and machines in Dunedin has declined at a rate greater than the rest of the country.  The table below shows the rate of decline in venues and machines in Dunedin compared with the national trend.  

EGMs

2006

2016

Percentage decrease

Dunedin

704

423

39.9%

National

20739

16250

21.7%

 

 

 

 

VENUES

2006

2016

Percentage decrease

Dunedin

61

32

47.5%

National

1701

1220

28.3%

 

12    The following table shows the very high numbers of EGMs per 1000 people in South Dunedin compared to the rest of Dunedin and New Zealand for the years 2012 and 2016.

 

Table 1: EGMS per 1000 people – comparison

 

2012

2016

Area

Population1

% of Dunedin’s population

No. EGMs in area

EGMs per 1000 people2

No. EGMs in area Apr 2016

EGMs per 1000 people Apr 2016

Area 1 (South Dunedin)

13,030

12.1%

168

12.9

133

10.2

Area 2 (Rest of Dunedin)

94,470

87.9%

350

3.7

290

3.1

 

 

 

 

 

 

 

New Zealand

3,510,8003

 

18,1674

5.2

16,274

4.6

Data sources: Statistics NZ and Department of Internal Affairs 

      1 Estimated number of people over 15 years of age in 2012

             2 Number of EGMs per 1000 people over 15 years of age

             3 Estimated population for people over 15 years of age in 2011

             4 Number of EGMs in NZ in June 2011

13    The current policy has seen a continuation of the steady decline in both venue and EGM numbers in Dunedin that has been evident over the last 10 years, up until last year at which time the numbers have stabilised.   Nationally there has been a 12% decrease in the number of EGMs per 1000 people.  In Dunedin the EGM decrease over the same period is 21% in the identified South Dunedin area and 16% for the rest of the city.  The figures are approximate because the population data has not been changed even though Statistics New Zealand forecast an annual increase in Dunedin’s population from the last census.

DISCUSSION

This section discusses: the context for GVPs; the Council’s current policy; the types of harm that result from problem gambling; benefits from gambling; and results of pre-consultation with those who provide treatment for problem gambling. It also discusses the relocation policy and an approach for community engagement.

Context

14    A GVP allows a territorial authority to state whether it will allow new gambling and TAB venues in its district and if so, where they may be situated.  The policy can also restrict the number of electronic gambling machines (EGM) at those locations to a number less than the allowable maximum of nine per venue.  Venues already licensed before 18 October 2001 can have up to 18 EGMs and this cannot be reduced by the policy.  The Dunedin City Council has included TAB venues in the policy because they also provide gambling opportunities in the community.

15    In determining the form of a Gambling Venue Policy the Council must consider the purpose of the Act which is to control the growth of gambling and to prevent and minimise harm from gambling notwithstanding the fact that it is a legal activity in New Zealand with some people gaining enjoyment from it, and recognising that there are benefits to communities derived from the distribution of some of the income from EGMs. 

16    Section 102(5) of the Act requires territorial authorities to review their policies within three years of adoption and within three years of each subsequent review.  Dunedin’s GVP was last reviewed in 2013, and in 2016 some preliminary research and pre consultation carried out with stakeholders that provides gambling support services in the district.

17    The Department of Internal Affairs (DIA) is responsible for monitoring gambling in New Zealand. Their latest data shows Dunedin now has 32 venues in its district - nine in the South Dunedin sinking lid area and 23 in the rest of Dunedin. There are currently 423 EGMs - 133 in the South Dunedin area and 290 across the rest of Dunedin.  The following table shows the totals from 2008 when records on the amount of money spent on gambling began.  The numbers in the South Dunedin sinking lid area are shown in italics.

Table 2: Venue, EGM and Gambling Spend 2008 - 2016

Year

Venues

 

Sth Dn

EGMs

 

Sth Dn

Spend

($M)

2008

52

 

642

 

22.01

2009

50

 

603

 

19.94

2010

45

 

554

 

18.64

2011

44

 

538

 

18.97

2012

41

 

517

 

18.46

2013

41

11

519

156

17.38

2014

37

9

487

132

16.94

2015

36

9

445

133

16.40

2016

32

9

423

133

16.61

 

Gambling harm

18    Gambling harm is defined in section 4 of the Gambling Act as:

harm

(a) means harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling; and

(b) includes personal, social, or economic harm suffered—

(i)   by the person; or

(ii) the person’s spouse, civil union partner, de facto partner, family, whanau, or wider community; or

(iii) in the workplace; or

(iv) by society at large.

19    There is good comparative data on gambling in New Zealand and the results of a number of studies are summarised here.

20    Two national studies have been carried out and repeated.  The first is the “New Zealand 2012 National Gambling Study: Overview and Gambling Participation”, Abbott M, et al, Gambling & Addictions Research Centre, Auckland, May 2014 and the second, “Gambling and Problem Gambling: Results of the 2011/12 New Zealand Health Survey”, Rossen F, Centre for Addiction Research, University of Auckland, July 2015 (NZHS), which is part of the New Zealand Health Survey and is prepared for the Ministry of Health.

21    Results show there has been little change in the proportion of people that meet the criteria for moderate risk gambling and problem gambling. About 3% of adults experience some level of harm and/or negative consequences as a result of their gambling with 1.2% of these satisfying the criteria for moderate risk or problem gambling (1.0% and 0.2% respectively).  

22    The DIA has also produced a summary of monitoring statistics (“Problem Gambling in New Zealand – a Brief Summary”, Department of Internal Affairs, October 2008).  It states that about 80% of New Zealanders have gambled at least once in the previous 12 months however the overwhelming majority do not participate, even occasionally, in ‘continuous’ forms of gambling. (Continuous forms of gambling include EGMs, casino table games, horse and dog race betting, sports betting, housie, bingo, mobile phone games for money, online activities for money or prizes through an overseas website. They do not include lottery games, going to casino evenings, buying raffle tickets for fundraising, participating in sweepstakes, making bets with family/friends.) 

23    Even fewer people participate in these continuous forms of gambling on a regular basis; however about 20% of those people who do regularly participate in playing EGMs are likely to score as problem gamblers.

24    Gambling affects not only the person participating in the activity, but also partners, children, co-workers and employers.  The results of the NZHS indicate that 2.5% of adults surveyed had been negatively affected by someone else’s gambling in the previous year.  

25    On 6 June 2017 findings from a Ministry of Health funded project were released “Measuring the Burden of Gambling Harm in New Zealand”, Central Queensland University and Auckland University of Technology, Ministry of Health, Wellington, 2017):

·           The study estimates that the total burden of harms occurring to gamblers is greater than common health problems (e.g. diabetes and arthritis) and approaches the levels of anxiety and depression disorders.

·           The burden of harm is primarily due to damage to relationships, emotional/psychological distress, disruptions to work/study and financial impacts.

·           There was an estimated 161,928 years of life lost to disability as a result of harms from gambling in 2012.  Of this total, 67,928 years were attributed to gamblers (42%) and the balance to people affected by someone else’s gambling.  This figure is likely to be conservative.

·           Although the burden of harm is concentrated in problem gamblers, the results suggest that at a population level the majority of harm is accruing to those who are not necessarily problem gamblers. 

Gambling benefits

26    The gambling system in New Zealand is set up to ensure some of the harms caused by gambling are mitigated by pokie proceeds returning to the communities and being used for good causes.

27    The DIA collects data relating to the number of EGMs in the country and where they are located.  They also monitor spending with each machine and the gambling societies are required to publicly report where the grant money is distributed. 

28    The DIA has published a booklet, “Pokie Proceeds: Building Strong Communities”, highlighting some of the projects funded by the proceeds of gambling (Attachment A).  It briefly summarizes nine projects which have impacted on the communities in which they are based.  In its introduction, the Hon. Peter Dunne, Minister of Internal Affairs, states;

“I believe the sustainability of funding from the gambling sector in New Zealand plays a crucial role in building strong communities.  As long as we continue to efforts to reduce gambling harm, through regulation and social initiatives, we can also celebrate this fact.”

29    In “Measuring the Burden of Gambling Harm in New Zealand”, Central Queensland University and Auckland University of Technology, Ministry of Health, Wellington, 2017, the authors state that a public health approach also acknowledges the positive effects associated with safe levels of consumption of gambling products.  The positives cited include:

a.  Recreational gambling can encourage positive community connection and enhance family interaction and engagement, for example, some communities play housie (bingo) to raise money for the church or other community causes.

b.  Some find gambling to be a form of relaxation or entertainment with most people not experiencing adverse outcomes.

c.  Gambling generates employment opportunities.

d.  Provide avenues for community ‘togetherness’ by fostering social interaction within venues.

e.  Provides support for sporting events and other activities that would otherwise be under-funded within the community.

The report also considers the degree gambling may represent an adaptive coping mechanism for other problems, for example, ‘seniors’ dealing with loneliness and social isolation.

30    The New Zealand approach to gambling is consistent with the public health approach as it:

a.     Covers both the positive and negative effects of gambling

b.     Considers those affected beyond an individual level (the broader community and industry)

c.     Acknowledges the various levels of vulnerability for particular groups

d.     Recognises that gambling harms can affect multiple domains of life.

The report states that the “public health approach to gambling harm recognises the broad network of social determinants of health, including but not limited to: political policy, social cohesions, cultural communities and values, education, life-course of health behaviours (including gambling), and subsequent health outcomes (harms).”

Treatment providers’ views

31    Informal pre-consultation was carried out with those who provide treatment for problem gambling in Dunedin.  They believe the information in this report offers a fair picture of what is happening in Dunedin and that the sinking lid in South Dunedin is valuable.

32    Their goal is to create greater awareness of the harm gambling is causing in the community.  Their concern is that the people in the community that are most at risk are those who believe playing EGMs is a neutral and normal behaviour.  

33    The treatment providers would like the Council to support their goal by introducing a city-wide sinking lid.  The number of venues and machines is in decline which would not be impacted by such a policy but it would be an acknowledgement by the Council that gambling on EGMs is causing more harm in the community than any perceived benefit it may gain from it.

Relocation policy

34    The Council must decide whether it will grant consent for a venue intending to relocate. There is an opportunity to align this policy with the rest of the GVP. For example, if a sinking lid is applied to the whole Dunedin district as proposed in this report, then not granting consent for relocating gambling venues is one way to encourage the sinking lid. This is the preferred option.

35    Advantages of this approach are that the policy is consistent in its aims and that the potential for gambling harm is minimised throughout Dunedin. A potential risk with allowing the relocation of gambling venues is that more venues are permitted in vulnerable areas (where there is greater deprivation and the number of venues and EGMs is already relatively high).

36    If Council decides not to the limit the number of gambling venues in Dunedin, then granting consent for relocating gambling venues would be consistent with that policy. An advantage with this approach is that it allows the gambling industry to settle at a level that accommodates local demand. The potential risk is that harm caused by gambling in the community increases.

Community engagement

37    The Act requires the use of the special consultative procedure for engagement on the review of this policy. It also requires that notice of the proposed policy is provided to each corporate society that holds a class 4 gambling licence for a venue in the district and also to organisations representing Mäori in the district.

38    Community Boards, other key stakeholders and the general public will also be consulted.

Conclusion

39    The proposed approach is to extend the sinking lid that is currently in place in South Dunedin, across the whole of the Dunedin district and not to grant consent for a venue intending to relocate.

OPTIONS

Option One– Extend the sinking lid to encompass the whole Dunedin district and do not grant consent for relocating gambling venues (preferred)

40    This option would see an extension of the sinking lid that is currently in place in South Dunedin to encompass the whole of the Dunedin district. Limits on the location of new venues or EGMs are not applicable with this option as the sinking lid would allow no new venues. Consent would not be granted for relocating gambling venues.

Advantages

·      The Council would be making a clear statement that gambling is harming the community and hopes to minimise that harm

·      Harm caused by gambling in Dunedin communities should be minimised as no new venues can be established

·      Harm caused by gambling in Dunedin communities should be minimised with limits on the number of EGMs

·      Meets the wishes of those who provide treatment for problem gambling

Disadvantages

·      Gambling societies may keep ‘under-performing’ venues operating in anticipation of a future need: once they close they would be lost

·      Benefits to the community from gambling proceeds could be more limited

·      Potential social benefits from gambling could be more limited

Option Two – Do not limit the number of venues or EGMs anywhere in Dunedin and grant consent for relocating gambling venues. Limit where gambling venues may be established.

41    This option would pose no limitations on the number of venues or EGMs, only limits on where new gambling venues may be established. This was the original policy from 2004 before the sinking lid was introduced in South Dunedin in 2013. Consent would be granted for relocating gambling venues.

Advantages

·      Allows the gambling industry to settle at a level that accommodates the local ‘market’.

·      Potential for more benefits to the community from gambling proceeds.

·      Potential for more social benefits associated with gambling.

·      Does not allow venues to be established near residential areas or adjacent to school, kindergartens or community facilities.

Disadvantages

·      Potential to increase the harm in the community caused by gambling.

·      Allows gambling societies to open or reopen venues in vulnerable areas (high deprivation) where there are more EGMs per capita than the national average.

·      Does not address the concerns of those who provide treatment for problem gambling.

Option Three – Retain the sinking lid in South Dunedin only and have no limits on the number of venues or gambling machines for the rest of Dunedin.  Limit where gambling venues may be established (status quo)

42    This option means the number of venues in South Dunedin is capped at five and the number of EGMs in South Dunedin is capped at 50 with a sinking lid until those numbers are reached. It includes limits where gambling venues may be established. This option was introduced in 2013 and is the current policy. Under this option consent would not be granted for gambling venues relocating to South Dunedin but consent would be granted for gambling venues relocating to the rest of the Dunedin district.

Advantages

·    Potential to minimise harm from gambling in South Dunedin as no new venues may be established and the number EGMs is capped.

·    Does not allow any new venues in areas outside South Dunedin to be established near residential areas or adjacent to school, kindergartens or community facilities.

·    The rest of Dunedin is allowed to respond to the market and not put ‘pressure’ on gambling societies to keep premises operating.

Disadvantages

·    Potential to increase the harm caused by gambling in the rest of Dunedin.

·    Treatment providers and those closely affected by gambling believe Council can do more and may feel Council is letting them down.

NEXT STEPS

43    If the Council resolves to approve the draft Gambling TAB and Venue Policy and Statement of Proposal for the purpose of consultation the special consultative procedure will need to be followed prior to the final consideration of a policy.  The timeline for a special consultative process is noted below.

Oct 2017

Council decision to proceed with the consideration of a draft policy and commence a special consultative procedure.

6 Nov – 6 Dec 2017

Special consultative procedure commences and runs for one month.

6 Dec – 15 Dec 2017

Summarise feedback and prepare report for public hearings process.

19 Jan 2018

Report and agenda to Hearings Committee

19 Jan – 1 Mar 2018

Hearings process – hearings and deliberations and preparation of report back to the Council.

27 Mar 2018

Council meeting – adopts the Policy

 

 

Signatories

Author:

Anne Gray - Policy Analyst

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Draft Statement of Proposal

38

b

Draft Gambling and TAB Venue Policy

43

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision/report/proposal relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

This draft policy contributes to the Social Wellbeing Strategy priorities of vibrant and cohesive communities, connected people, and safe and healthy people. It also contributes to the Spatial Plan priority of a liveable city – a safe and healthy environment.

Māori Impact Statement

It is a legal requirement to provide notice of the proposed policy to organisations representing Mäori in the area and this is included in the community engagement plan.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP/Annual Plan/Financial Strategy or Infrastructure Strategy.

Financial considerations

There are no financial implications.

Significance

The draft policy is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There has been pre-consultation with organisations that provide treatment and support services for problem gamblers in Dunedin. Information on the benefits and harm caused by problem gambling has been drawn from the Department of Internal Affairs, Gambling and Addictions Research Centre and the Ministry of Health.

There is a legal requirement to advise each corporate society that holds a class 4 venue licence for a venue in the district and this is part of the community engagement plan.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

Community Boards will be advised of the draft policy and invited to provide feedback.

 

 


Planning and Environment Committee

17 October 2017

 

 


 


 


 


 


Planning and Environment Committee

17 October 2017

 

 


 


Planning and Environment Committee

17 October 2017

 

 

 

Animal Services Annual Report to the Department of Internal Affairs

Department: Customer and Regulatory Services

 

 

 

 

EXECUTIVE SUMMARY  

1      Section 10A of the Dog Control Act 1996 requires territorial authorities to publicly report each year on:

·           The administration of their dog control policy and their dog control practices (section 10A(1)); and

·           A variety of dog control related statistics (section 10A(2)).

2      The attached report (Attachment A) outlines the operations of the Dunedin City Council’s Animal Services Unit for the year ending 30 June 2017.

RECOMMENDATIONS

That the Planning And Environment Committee:

a)     Notes the Animal Services annual report to the Department of Internal Affairs.

 

 

BACKGROUND

3      In accordance with section 10A of the Dog Control Act 1996 (DCA) the Dunedin City Council (DCC) is required to publicly report each financial year on the administration of its dog control policy, its dog control practices (Section 10A(1)) and on a variety of dog control related statistics (Section 10A(2)).

4      The primary purpose of this report is to enable the community to see how the Council is managing its dog control responsibilities.

5      This report is for the period 1 July 2016 to 30 June 2017.

 

Signatories

Author:

Ros MacGill - Manager Compliance Solutions

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

DCC Annual Report to the Department of Internal Affairs

47

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This report relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

Animal Services contributes to the ‘healthy and safe people’ strategic direction of the Social Wellbeing Strategy, and the ‘people are active’ draft Parks and Recreation Strategy.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified legal or health and safety risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no implications for Community Boards.

 

 


Planning and Environment Committee

17 October 2017

 

 


 


 


 


Planning and Environment Committee

17 October 2017

 

 

 

Review of 12 Month Trial Permitting Dogs in DCC Owned Cemeteries

Department: Customer and Regulatory Services

 

 

 

 

EXECUTIVE SUMMARY  

1      When the Dog Control Bylaw (bylaw) 2016 was adopted on 23 May 2016 the Council agreed to change the bylaw to permit dogs to be taken, on a leash, into the DCC owned cemeteries. The Council agreed to review this change within 12 months.

2      The 12 month period has now expired and two surveys were undertaken in order to accurately assess public opinion as to the Dunedin City Council (DCC) permanently allowing dogs access on a leash in these cemeteries.

3      This report recommends that the existing arrangement to permit dog owners to walk their dogs on a leash in DCC owned cemeteries is continued, and that there is no amendment to the bylaw.

RECOMMENDATIONS

That the Planning and Regulatory Committee:

 

a)     Notes the results of the surveys undertaken in relation to dogs entering cemeteries;

b)     Resolves that the current form of the bylaw for cemetery entry:

(i)       is the most appropriate form of bylaw; and

(ii)      does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c)     Confirms that no change to the bylaw will be made in respect of dogs entering cemeteries.

 

BACKGROUND

4      When the Dog Control Bylaw 2016 was adopted it was approved to permit dogs to be taken, on a leash, into DCC owned cemeteries, with a review of that provision after a 12 month period.  This was to assess the impact made by allowing dogs into an area where they were previously banned.

DISCUSSION

5      Two surveys have been conducted in 2017 involving direct stakeholders (funeral directors and DCC crematorium and cemetery staff) and members of the public via the Dunedin Peoples Panel. The results of these surveys are included in Attachment A.

6      The general feedback from the stakeholders is that there is currently a problem with dogs fouling and dog owners not removing it. For this reason the three respondents to the survey requested that dogs be prohibited from DCC owned cemeteries.

7      The Dunedin Peoples Panel survey received 157 responses with 125 of those surveyed having visited a DCC owned cemetery within the last 12 months. The majority (153) of respondents to this survey would like to see dogs continue to be permitted in DCC owned cemeteries.

8      Animal Services staff have patrolled DCC owned cemeteries as part of their normal duties over the 12 month trial period and have noticed some fouling but overall they consider that dog owners have been very responsible.

9      The issue of dog fouling can be addressed by education (signage) and it is considered that the scale of the issue is not significant enough to require reinstating the ban on dogs within cemeteries.

10    If the recommended option is adopted, the Council does not need to take any further steps.  That is because section 160(3) of the Local Government Act 2002 does not require consultation where a proposal is assessed as being of low significance and the decision is not considered to result in a significant impact on the public.  The results of the public survey reported have demonstrated that both of these criteria are met, and this step has also satisfied the requirements of informed decision making under section 82 of the Act.

11    If Option 2 is adopted, an amendment to the bylaw would be necessary.  The impact of this amendment is assessed as being significant.  This would mean that the Council will be required to consult on the proposal to amend the bylaw using the special consultative procedure.

OPTIONS

Option One – Continue to allow dog owners access to walk their dogs on a lead in Dunedin City Council owned cemeteries (Recommended Option)

12    Over the last 12 months dogs on a leash have been permitted access to all DCC owned cemeteries.

Advantages

·           Allowing owners to visit to cemeteries creates a culture of responsible dog ownership and may have a positive impact on the dog owners’ health and wellbeing.

·           Acknowledges the positive benefits of animal ownership.

·           Aligns with the 153 submissions which supported this change during the review of the Dog Control Bylaw.

·           Creates a culture of responsible dog ownership.

Disadvantages

·           Potential fouling in the cemeteries. However, given the scale of the issue it is considered that it can be managed by enforcement and education activities.

Option Two – Do not permit dog owners’ access to walk their dogs on a lead in DCC owned cemeteries

13    Revert to prohibiting dogs from cemeteries.

Advantages

·           No fouling in cemeteries.

Disadvantages

·           Does not align with submissions which supported this change during the review of the Dog Control Bylaw.

·           Not allowing dogs to accompany their owners to visit cemeteries may have a negative impact on the dog owners’ health and wellbeing.

·           Cost involved with carrying out a further consultation process.

NEXT STEPS

14    If the recommended option is adopted the next steps to be taken are:

·           Increase Animal Services patrols in cemeteries.

·           Develop a social media plan to educate dog owners about the responsibility to pick up their dog’s faeces.

·           Place ‘no fouling’ signage at entrance points to DCC owned cemeteries.

 

Signatories

Author:

Ros MacGill - Manager Compliance Solutions

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Cemeteries Survey Feedback

56

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

Animal Control contributes to the 'healthy and safe people' strategic direction of the Social Wellbeing Strategy and will help achieve parks and recreation objectives.

Māori Impact Statement

Ōtākou and Puketeraki runaka were consulted with regards to the cultural implications of permitting dogs in cemeteries during the initial bylaw review in 2016. Feedback was received from Ōtākou runaka and this was been incorporated into the 2016 Dog Control Bylaw.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications.

Financial considerations

There are no known financial implications.

Significance

The recommended option has been assessed as being of low significance.  This assessment is based on the criteria in the DCC Significance and Engagement Policy, together with the outcome of surveys showing that there is good community agreement with the current form of the bylaw as it relates to dogs entering cemeteries.

Engagement – external

Residents were surveyed via the Dunedin People’s Panel (total of 157 responses). Direct stakeholders including Funeral Directors, DCC Crematorium and Cemetery staff were surveyed (total of three responses).

Engagement - internal

The Group Manager of Parks and Recreation has been consulted and their staff have no issue with dogs accessing cemeteries.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards were consulted during the initial review and did not identify any concerns with regards to this matter.

 

 


Planning and Environment Committee

17 October 2017

 

 

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Planning and Environment Committee

17 October 2017

 

 

Review of South Dunedin Project: - What lies beneath - Looking at the changing ground environment in South Dunedin

 

 

Phoebe Whittam, Meg O’Connor and Holly Taylor (students from Bayfield High School) and Jake Remon, Oscar Robinson and Sam Standring (students from Kings High School) will attend the meeting to present on the Review of South Dunedin Project:  What lies beneath – looking at the changing ground environment in South Dunedin.

 

Attachments

There are no attachments for this report.

 


Planning and Environment Committee

17 October 2017

 

 

 

Responding to requests to endorse 'Our Climate Declaration' and the call for a Zero Carbon Act

Department: Community and Planning

 

 

 

 

EXECUTIVE SUMMARY  

1      This report responds to three separate public forum presentations, and provides options for responding to requests for the Council to endorse two initiatives – ‘Our Climate Declaration’ and the call for a ‘Zero Carbon Act.’

2      Both initiatives are primarily public commitments by individuals for greater climate action and responsibility. Recognising that the Council is currently establishing a range of citywide greenhouse gas emissions reduction targets, this report recommends the Council consider the impact of endorsing them at this stage. 

3      Councillors are however free to endorse the initiatives as individuals at any time.   

4      This report also provides information on the guidance the DCC provides to schools on methods of heating and reducing vehicle movements.

RECOMMENDATIONS

That the Committee:

a)     Notes the report.

b)     Considers whether Council should formally endorse the ‘Our Climate Declaration’ and ‘Zero Carbon Act’ initiatives.

 

BACKGROUND

5      During the Council meeting on 29 August 2017 there were public forum presentations regarding the ‘Our Climate Declaration’ initiative, including a request for Council endorsement.

6      At that meeting, there was also a request for Council to provide schools with guidance around methods of heating and reducing vehicle movements created by drop-off and collection of children.

7      In addition, during the Council meeting on 26 September 2017, there was a public forum presentation regarding the ‘Zero Carbon Act’ initiative and a request for Council endorsement.

8      Further information on both the initiatives, to enable consideration of these requests, was requested by the Council.

Our Climate Declaration

9      Our Climate Declaration is a citizen-led initiative that lists individuals calling on all New Zealanders to help achieve climate stability by pressuring central Government to meet the targets set as part of the Paris Agreement, and take action, for example by phasing out of fossil fuel usage and decreasing aviation emissions (for the full declaration document see Attachment A).

10    A number of community organisations, including the Blueskin Resilience Community Trust, are listed as ‘supporting organisations’.

Zero Carbon Act

11    The Zero Carbon Act is a citizen-led petition calling on the New Zealand Parliament to pass a Zero Carbon Act. Generation Zero, a youth-led organisation, created the petition and the blueprint of principles for a Zero Carbon Act.

12    Largely based on the UK’s Climate Change Act 2008, the proposals for the Act include: New Zealand establishing a target to become zero carbon by 2050 or sooner; establishing a Climate Commission to provide expert advice and identify ways to respond to climate change; and delivering on existing obligations such as the Paris Agreement. A summary of the Act is attached to this report (Attachment B).

13    Again, some membership-based organisations are listed as ‘supporting organisations’ including Forest and Bird and Oxfam.

DISCUSSION

14    Our Climate Declaration is principally an expression of commitment by individuals to take greater responsibility for, and action to combat, climate change and the Zero Carbon Act is a citizen-led petition to central Government for legislative change and direction to address climate change.

15    At an organisational level the Council, through Te Ao Tūroa – The Natural World: Dunedin’s Environment Strategy, has adopted a citywide goal of Dunedin becoming carbon zero (although a date for achievement of this target has yet to be determined). 

16    The Council also has an organisational commitment to the Compact of Mayors and this includes work currently underway to establish a draft range of citywide greenhouse gas emissions reduction targets in consultation with key stakeholders. Public consultation on these draft targets is likely, and the Council may wish to consider the impact of endorsing the initiatives that are the focus of this report in terms of pre-empting these discussions.

17    This work to develop target reduction ranges for the 2020, 2030, and 2040 years, as a path to achieving a citywide carbon target by 2050, will be presented to the Council on 28 November 2017 for consideration. These target ranges will be based on feedback received from organisations during early engagement and advice provided by consultants AECOM (who assisted the DCC in the first stages of the Compact of Mayors work). This report will also speak to the opportunity for wider public engagement to gauge community preferences around the targets.

18    The Council's decision on whether or not to endorse either or both initiatives in no way precludes the ability of Councillors supportive of these national initiatives to provide their own personal endorsement.

Support for schools on energy and transport efficiencies

19    One of the presentations at the 29 August 2017 public forum suggested a need for the DCC to provide schools with guidance on changing their methods of heating and reducing vehicle impacts.

20    The DCC is committed to assisting schools through the Enviroschools programme.  This programme offers many energy education resources to schools, and provides support to link schools with experts in the community and any grants they need to apply for in order to make changes or conduct a feasibility study.

21    Funding for physical works, such as replacing or converting a school boiler, may be provided by the Ministry of Education. 

22    The DCC works with schools to encourage walking initiatives such as the walking bus, walk and wheel weeks and more. There is also a potential opportunity for schools to work with the DCC and develop a walk/wheel to school map that will show times and distances for walking from suburbs around the school, and 'meet me here' pick up and drop off points to avoid the congestion often seen at school gates.

OPTIONS

Option One (Recommended option) – Council does not formally endorse either of the initiatives

Advantages

·           Does not pre-empt work with stakeholders and the community on setting emissions reduction targets for Dunedin.

Disadvantages

·           Does not respond to community requests for Council to endorse these initiatives.

Option Two – The Council as an organisation endorses one or both initiatives

23    The Council chooses to endorse either one or both of the Our Climate Declaration and the Zero Carbon Act.

Advantages

·           Responds to community requests for Council to endorse the initiatives.

Disadvantages

·           Endorsement of the initiatives may be seen to pre-empt decisions on citywide emissions reduction targets.

NEXT STEPS

24    If the Council chooses to endorse either or both of the climate change initiatives, staff will make contact as appropriate to confirm the Council's support.

 

Signatories

Author:

Jessie Wu - Policy Advisor

Authoriser:

Maria Ioannou - Corporate Policy Manager

Nicola Pinfold - Group Manager Community and Planning 

Attachments

 

Title

Page

a

Our Climate Declaration

71

b

Zero Carbon Act Summary

72

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This report enables democratic local decision making and action by, and on behalf of communities.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

The principles behind these two initiatives are similar to the objectives and goals set in Te Ao Tūroa – Dunedin's Environment Strategy in terms of becoming carbon zero and protecting the environment. There are also similarities with other strategies; the Integrated Transport Strategy (sustainable transport options), Social Wellbeing Strategy (insulating homes), Energy Plan (energy efficiency) and more.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the Long Term Plan.

Financial considerations

There are no financial implications.

Significance

This decision is assessed to be of low significance in terms of the Council's Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

Relevant staff provided input around the support provided to schools.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

 


Planning and Environment Committee

17 October 2017

 

 

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Planning and Environment Committee

17 October 2017

 

 

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Planning and Environment Committee

17 October 2017

 

 

 

Extension of time for delivery of 2GP decision

Department: Planning

 

 

 

 

EXECUTIVE SUMMARY  

1      This report requests a 12 month extension for the Proposed Dunedin City District Plan Hearings Panel / Te Paepae Kaiwawao Motuhake O Te 2GP to deliver their decision on the Second Generation Dunedin City District Plan (2GP).

2      The 2GP was publically notified on 26 September 2015, and in order to meet the decision timeline specified in clauses 10(4)(a) and (b) of the First Schedule to the Resource Management Act 1991 (RMA), a decision on the 2GP had to be given and publically notified within two years of notification of the 2GP being by 26 September 2017.

3      Section 37 permits the Council to extend the timeframe for delivery of the 2GP by up to four years.  A 12 month extension to the 26 September 2018 is sought to ensure the decision on the 2GP is robust and to avoid the need for further extensions.  

4      There are no repercussions from exceeding this time limit, and the power to extend the time limit under section 37 can be exercised, despite it having expired.

5      Further public hearings have been scheduled for the Panel in November 2017.  A large volume of material has been placed before the Panel for consideration; which along with legislative changes and the issuing of a new national policy statement on urban development capacity has required careful consideration.

6      There are no persons known to be directly affected from such an extension, and taking into account the community’s interest in an adequate assessment of the 2GP and the need to avoid unreasonable delay, a 12 month extension is recommended as appropriate.

 

RECOMMENDATIONS

That the Committee:

a)     Approves an extension of the delivery time for the 2GP from 26 September 2017 to 26 September 2018.

 

BACKGROUND

7      The Resource Management Act 1991 requires the decision on a proposed plan to be given and publically notified no later than two years after notification.

8      The 2GP was notified on 26 September 2015.

9      The hearing process is ongoing, with the final hearing tentatively scheduled for 29 and 30 November, and 1 December 2017.

DISCUSSION

10    Schedule 1, Part 1 of the RMA provides the statutory framework for the 2GP review process.

11    Paragraph 10(4) of schedule 1 provides a two year time limit from notification, for the giving of the local authority’s decision on the proposed plan.

12    Paragraph 1(2) of schedule 1 provides that “where any time limit is set in this schedule, a local authority may extend it under section 37.”

13    Section 37 provides the Council with the power to extend a time limit, whether or not the time limit has expired.

14    Before extending a time limit, the Council must take into account the interests of any person considered to be directly affected by the extension, the community’s interests in achieving an adequate assessment of the effects of the proposed 2GP, and the duty to avoid unreasonable delay.

15    The Environment Court[1] has described the s 37 power as (emphasis added):

 

[54]      At the outset, we observe that there appears to be a certain academic aspect in relation to this declaration. Even if we were to conclude that the Council has the power to extend the time limit contained in s 224(h), we have no jurisdiction to direct the Council to exercise that power. It is a discretionary power vested in the Council by s 37 subject to conditions and limits set out in s 37A RMA. The Act does not contain any procedures enabling persons to apply to a consent authority to exercise the power nor is there any right of objection or appeal against a consent authority's exercise (or non exercise) of this discretionary power.   

 

16    Despite the limited participatory rights in the exercise of the s 37 power, a mandatory consideration is whether or not there are persons who “may be directly affected by the extension” (s 37A(1)(a)).

17    The 2GP is a city-wide district plan that is being completely reviewed.  There are no clearly identifiable persons who are “directly effected”, and no known persons who have advised the Council of any impact from a delay in the determining of the 2GP.  It is noted that there are further public hearings scheduled.

18    The 2GP will provide the framework for the integrated management of resource issues for the entire Dunedin area over the next decade. In that sense no individuals are directly affected by extending the delivery time as sought, although clearly all submitters will be affected in a general sense by the extension.

19    A large volume of material has been, and continues to be, placed before the Panel for consideration. 

20    Since the notification of the 2GP there have been significant developments in the statutory environment that have needed consideration, including the coming into effect on 1 December 2016 of the National Policy Statement on Urban Development Capacity.  Aspects of this National Policy Statement were required to be given effect to immediately. 

21    On 1 June 2017 Dunedin was defined as a medium growth area. Under the National Policy Statement on Urban Development Capacity this increased the Policy Statement’s impact on the drafting of the 2GP.

22    While bearing in mind the need to avoid unreasonable delay, the time extension sought is appropriate to ensure the Panel has considered all relevant matters and the Dunedin community receives a robust and high quality planning document.

OPTIONS

23    The time limit can be extended at this time, or as part of the ultimate delivery of the decision.

Option One – Recommended Option

 

24    A 12 month extension to the delivery time is recommended. 

 

Advantages

·           Compliance with a mandatory statutory requirement.

·           Advising public of the expected delivery time for the 2GP, provides some certainty.

Disadvantages

·           Arguably an extension is unnecessary given the absence of any repercussions for not doing so, despite it being a clear statutory obligation.

·           If a further extension to the time limit is required, another decision on this will need to be made.

Option Two – Status Quo

25    The time limit is not extended until the decision is delivered.

Advantages

·           Only one extension would be required. 

Disadvantages

·           Until the Council extends the time limit it will not be complying with its statutory obligations.

·           Uncertainty for the public from having an undefined delivery date for the 2GP. 

NEXT STEPS

26    The public will be notified through the 2GP website of the Council’s decision on the extension.

27    Once the hearing process has been completed it will be possible to determine outstanding issues in respect of the 2GP’s content and structure, and ensure that a robust plan for the integrated management of Dunedin’s natural and physical resources is delivered.

 

Signatories

Author:

Elliot Higbee - Policy Planner

Authoriser:

Paul Freeland - Senior Planner

Nicola Pinfold - Group Manager Community and Planning 

Attachments

 

Title

Page

a

Select provisions of the Resource Management Act 1991

81

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities and aligns with the requirements of the Local Government Act and Resource Management Act.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

This is an administrative decision, rather than a policy decision. However, the 2GP has been developed to align with the DCC’s strategic framework.

Māori Impact Statement

This is an administrative decision rather than a policy decision. However, the 2GP has been developed in consultation with KTKO and has included consultation with Maori landowners.

Sustainability

This is a procedural decision. However, the 2GP is focused on the sustainable management of natural and physical resources as required by the Resource Management Act.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The decision to extend the delivery time of the 2GP will delay when the 2GP rules have effect, and therefore will have consequential delays for changes to the Development Contributions Policy and aspects of the Infrastructure Strategy with regard to areas of potential future urban growth.

Financial considerations

The extended time period for the release of decisions on the 2GP may result in extra costs to produce the decisions, but this work needs to be done.  Making robust decisions should also reduce the likelihood and number of appeals to the Environment Court.  Appeals can be very costly to resolve, so avoiding them where possible can result in financial savings.

Significance

The decision is assessed as low in terms of the Council’s Significance and Engagement policy.  Although the 2GP is a significant regulatory document with a prescribed process under the Resource Management Act, full consultation and the consideration of all relevant matters is crucial to achieving a robust and enduring regulatory document.

Engagement – external

There has been no external engagement on this decision. There has however, been extensive and ongoing engagement with the public on the 2GP process, with submitters notified of the scheduling of hearings through to November 2017.

Engagement - internal

The in–house legal team have provided advice on this report. City Development continues to liaise closely with the Resource Consents Team, and other Council departments involved in the 2GP process.

Risks: Legal / Health and Safety etc.

There is some legal risk from failing to extend the timeframe, as uncertainty of delivery can  increase broad economic costs, as well as undermining the process legitimacy.

Conflict of Interest

There are no known conflicts of interests.

Community Boards

There are no implications for community boards.

 

 


Planning and Environment Committee

17 October 2017

 

 


Planning and Environment Committee

17 October 2017

 

 

Items for consideration by the Chair

 

 

             

  



[1] Ruck v Horowhenua District Council [2013] EnvC 175 at [54]