Agenda of Council - 1 May 2018

Council

1 May 2018

Reports

Part Owhiro Stream Subdivision, Local Purpose Reserves - proposed Rights to Drain Water Easements

Department: Parks and Recreation and Legal

EXECUTIVE SUMMARY

1 This report discusses an application from Owhiro River Limited for the right to drain water easements over part Local Purpose Reserve and part Local Purpose (Esplanade) Reserve in relation to the new Owhiro Stream subdivision in Mosgiel.

2 There are four right to drain easements proposed, three within the Local Purpose (Utilities) Reserve and one within the Local Purpose (Esplanade) Reserve.

3 The proposed easements are right to drain water easements in gross in favour of the Council. This means that the Council is acting as Grantor (as owner of both Reserves) and as Grantee (in its capacity as the provider of water and waste infrastructure).

4 This report asks the Council to make two decisions as Grantor. First, a decision in its capacity as the administering body for the reserve and second, a decision to exercise the Minister of Conservation's delegation.

RECOMMENDATIONS

That the Council:

a) Grants, as administering body of the Local Purpose Reserves pursuant to Section 48 of the Reserves Act 1977, easements in gross to the Dunedin City Council for the right to drain water over parts of the Local Purpose Reserves, described as follows:

Right to Drain Water - Local Purpose (Utilities) Reserve

(i) Part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, shown as Easement E on LT 519032;

(ii) 43m² (subject to survey) being part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, the right to drain water from the housing subdivision into the Local Purpose (Utilities) Reserve.

(iii) 27m² (subject to survey) being part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, the right to drain water from the Local Purpose (Utilities) Reserve into the Local Purpose (Esplanade) Reserve.

Right to Drain Water – Local Purpose (Esplanade) Reserve

(iv) 123m² (subject to survey) being part Section 4 SO Plan 496786, part Computer Freehold Register 822567, the right to drain water from the Local Purpose (Utilities) Reserve onto the Local Purpose (Esplanade) Reserve.

b) Decides the criteria for exemption for public notification have been met.

c) Approves under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, easements in gross to the Dunedin City Council for the right to drain water over parts of the Local Purpose Reserves described as follows:

Right to Drain Water - Local Purpose (Utilities) Reserve

(i) Part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, shown as Easement E on LT 519032;

Right to Drain Water – Local Purpose (Esplanade) Reserve

d) Decides to exercise the powers conferred on it by delegation under the Reserves Act 1977 to classify the reserve described as part Lot 102, LT Plan 519032 part Computer Freehold Register 814332 previously described as part Lot 99, DP 488615 as a Local Purpose (Utilities) Reserve subject to the provisions of the Act.

e) Authorises the Development Engineer to do everything necessary to give effect to the above resolutions including the execution of all documents, and publication of any Gazette Notice.

BACKGROUND

5 Council has granted subdivision consent for a new housing subdivision between part of the Council Owhiro Stream Local Purpose (Esplanade) Reserve and the Transrail Railway Line adjoining Gladstone Road North, Mosgiel. The subdivision is under construction. Please refer to Attachment A which shows the housing subdivision plan and the location of the Reserves.

6 Part of the development involves the granting of four rights to drain water through the Council Local Purpose Reserve land.

7 It is a requirement of the Reserves Act 1977 to classify a Local Purpose Reserve.

The Proposal

8 As part of the housing subdivision, the proposed Local Purpose Reserve ("Utilities Reserve") adjoining the Owhiro Stream Local Purpose (Esplanade) Reserve ("Esplanade Reserve") will vest in the Council on deposit of LT Plan 519032.

9 The Council Water and Waste infrastructure to support the new housing subdivision proposes to develop an area that can hold water in times of extreme weather (Utilities Reserve) and allow it to drain in a controlled manner into the nearby Local Purpose (Esplanade) Reserve that contains the Owhiro Stream. Please refer to Attachment B which shows the location of the easements within the Reserve areas.

10 It is proposed to grant four rights to drain water.

11 The Utilities Reserve will have three easements containing three pipes:

· One to drain water directly through the Utilities Reserve and onto the Esplanade Reserve;

· One taking water from the housing subdivision onto the Utilities Reserve for water catchment (storm water management pond); and

· One taking water from the Utilities Reserve (storm water management pond) onto the Esplanade Reserve.

12 The Utilities Reserve will be used for emergency flood protection drainage in times of extreme weather events. The land will be contoured in order to contain water in these events with controlled drainage into the adjoining Owhiro Stream contained within the and Esplanade Reserve.

13 As part of the subdivision development the developer will enhance the Utilities Reserve by undertaking planting that will provide beautification and a natural environment within the subdivision for residents to view and enjoy.

14 It is proposed that all the pipes within the right to drain water easements will be buried below the ground. Accordingly the effect of the easements on both the Utilities and Esplanade Reserve land will be minimal.

DISCUSSION

Land Status

Utilities Reserve

15 The land is proposed to vest in the Council as Local Purpose (Utilities) Reserve under the Reserves Act 1977 on deposit of LT Plan 519032 and is legally described on the Plan as being 0.1772 hectares, Lot 102, Deposited Plan 519032, all Computer Freehold Register 814332.

Esplanade Reserve

16 The land is vested in the Council as Local Purpose (Esplanade) Reserve under the Reserves Act 1977 and is legally described as 0.6799 hectares, Section 4, SO Plan 496786 all Computer Freehold Register 822567.

Council as the administering body

17 The Council, in its capacity as administering body of the reserve, has the responsibility for ensuring compliance in terms of the Reserves Act 1977 and for considering the merits of the proposal to grant easements.

18 Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements for public purposes.

The Reserves Act 1977

19 Section 48(2) requires public notification of the intention to grant an easement unless it can be demonstrated that:

(a) The reserve is vested in an administering body and is not likely to be materially altered or permanently damaged; and

(b) The rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

20 As the drainage pipes will all be underground, the reserve is not likely to be materially altered or permanently damaged and the rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

Relevant Reserve Management Plans

21 The Reserves Management Plan – General Policies document ("General Policies") covers the general issues of the day-to-day administration of reserves in Dunedin. This document is used to guide management of the reserves.

22 Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easements be granted in perpetuity. The primary purpose is public benefit in terms of assisting in extreme weather events the drainage in relation to the new adjoining Owhiro Stream housing subdivision. The Utilities Reserve also adjoins the Esplanade Reserve that contains the Owhiro Stream and fits well within this space in terms of its use.

23 It is not intended to charge any fees for the proposed easement as Council is both the Grantor and Grantee in this instance.

Merits of the proposed easements

24 The purposes of the easements are for the right to drain water. This is an appropriate location for the easements as the both the Utilities Reserve and the Esplanade Reserve will facilitate controlled drainage of the Owhiro Stream housing subdivision in extreme weather events. The underground drainage pipes running through the easements will ensure there is little effect to the surface of the Reserves.

Easement terms and conditions

25 The proposed key elements of the easement includes:

Statute Granted pursuant to Section 48 of the Reserves Act 1977

Grantee Dunedin City Council (Water and Waste Services)

Legal Descriptions

Utilities Reserve

· Part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, shown as Easement E on LT 519032;

· 43m² (subject to survey) being part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, the right to drain water from the housing subdivision into the Local Purpose (Utilities) Reserve.

· 27m² (subject to survey) being part Lot 102 on LT Plan 519032 part Computer Freehold Register 814332, the right to drain water from the Local Purpose (Utilities) Reserve into the Local Purpose (Esplanade) Reserve.

Esplanade Reserve

· 123m² (subject to survey) being part Section 4 SO Plan 496786, part Computer Freehold Register, the right to drain water from the Local Purpose (Utilities) Reserve onto the Local Purpose (Esplanade) Reserve.

Purpose The right to drain water

Term In perpetuity

Rental Nil

The terms and conditions of the easements are to be finalised by the Council's solicitors.

Council as the Minister of Conservation's delegate

26 The Council, in its capacity as the Minister of Conservation's delegate, has the supervisory role in ensuring that the decision on whether or not to grant the easements has been arrived at in compliance with the requirements of the Reserves Act 1977.

27 In particular, the Council as the Minister's delegate, needs to be satisfied that:

· the status of the land has been correctly identified;

· there is a statutory power to grant the easement;

· the necessary statutory processes have been followed;

· the easement has been appropriately considered; and

· the decision is a reasonable one.

28 The Utilities Reserve is proposed to vest as a Local Purpose Reserve under the Reserves Act 1977 on the deposit of LT 519032. Computer Freehold Register 814332 will be raised in the name of Council.

29 The Esplanade Reserve is a Local Purpose (Esplanade) Reserve under the Reserves Act 1977. The land is contained within Computer Freehold Register 822567 in the name of the Council.

30 Section 48 of the Reserves Act 1977 provides the statutory authority to grant easements over both the Utilities and Esplanade Reserves. The statutory processes have been followed with full consideration given on whether public notification is required.

31 The drainage pipes will be underneath the ground within the easement corridors and will not affect the surface or management of the Reserves. The Utilities Reserve is specifically designed to be used as a storm water management pond in times of extreme weather and fits within the purpose of the Reserve. The Esplanade Reserve contains the Owhiro Stream and it is appropriate that water is drained into this catchment. The decision is a reasonable one taking into account the facts outlined in this report.

OPTIONS (council as administering body and acting under delegation from the minister of conservation)

Option One – Recommended Option

32 Classifies Lot 102 on LT Plan 519032 as Local Purpose (Utilities) Reserve and consents to the grants of the right to drain water easements in favour of the Dunedin City Council, on the terms and conditions outlined in this report.

Advantages

· The decision will be consistent with the conditions the Council has imposed on the subdivision resource consent.

· The proposal will not affect the surface of the reserves while facilitating drainage from the adjoining new housing subdivision.

· It is less likely that private property will flood with sufficient control within the Council water and waste infrastructure.

· The proposed planting and enhancement of the Utilities Reserve environment can be undertaken.

· Local residents are still able to enjoy both of the reserves environments while there is provision for water control in extreme weather events.

· Confirms that the Council has fully considered the merits of the proposed easement and has complied with the requirements of the Reserves Act 1977

Disadvantages

· Temporary disruption while the underground pipes are installed.

Option Two – Status Quo

33 Do not consent to the classification and grant of right to drain water easements in favour of the Dunedin City Council, on the terms and conditions outlined in this report.

Advantages

· Avoids the temporary disruption while the underground pipes are installed.

Disadvantages

· The decision will be contrary to its prior decision to impose subdivision consent conditions when issuing the subdivision resource consent.

· The proposal will not facilitate the controlled drainage of the adjoining new housing subdivision.

· Private property may flood with insufficient control within the Council water and waste infrastructure.

· To take this option, the Council would need to decide that the Reserves Act 1977 has not been complied with and/or the decision to grant the easements is not a reasonable one.

NEXT STEPS

34 If the Council classifies Lot 102 on LT Plan 519032 and consents to grant the easements and is satisfied the legislative requirements are met, the easements will be created and a gazette notice will be registered giving effect to the classification.

Signatories

Author:

Maria Sleeman - Leasing Officer

Karilyn Canton - In-House Legal Counsel

Authoriser:

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Location of Reserves and the Housing Subdivision	39
b	Plan of Easements over Council Reserve Land	40

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing local infrastructure 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 easements will result in allowing the use of the reserves for facilitating the drainage from the new Owhiro Stream housing subdivision and allowing for the purposes of the reserves which contributes to the 3 Waters Strategy, Spatial Plan and Parks and Recreation Strategy.

Māori Impact Statement

No known impacts for Tangata Whenua.

Sustainability

The easements will provide for the sustainability in terms of water drainage of the adjoining Owhiro Stream housing subdivision in times of extreme rain events while enhancing the environment and allowing local residents to enjoy the reserves other times.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures. The proposal is consistent with the Draft Infrastructure Strategy.

Financial considerations

No financial implications.

Significance

This decision is of low significance in terms of the Council's Significant and Engagement Policy.

Engagement – external

Engagement has been undertaken by Water and Waste Services with the developer of the Owhiro Stream new housing subdivision in terms of the development and beautification of the Reserve for flood control. Liaison with the Surveyor has also been undertaken in terms of LT Plan 519032 for the Utilities Reserve.

Engagement - internal

Water and Waste Services and In-House Legal Counsel have been consulted in relation to the proposal.

Risks: Legal / Health and Safety etc.

There is no material risks associated with the decision. The detailed terms and conditions of the easement document will be checked by the Council's legal team. Any health and safety issues with regards to the proposed work will be dealt with by the developer of the Owhiro Stream new housing subdivision.

Conflict of Interest

No conflict of interest identified.

Community Boards

The land is within the Mosgiel Taieri Community Board - there are no implications for Community Board.

Council

1 May 2018

Dunedin Provisional Local Alcohol Policy

Department: Corporate Policy and Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report recommends that an amended Provisional Local Alcohol Policy (PLAP) for Dunedin is resubmitted to the Alcohol Regulatory and Licensing Authority (ARLA), following the successful appeal in 2016 of some elements of the first notified Dunedin PLAP.

2 The Council resolved in 2015 to adopt a Local Alcohol Policy (LAP) in accordance with the object of the Sale and Supply of Alcohol Act 2012 (the Act). The object of the Act is that harm caused by excessive or inappropriate consumption of alcohol should be minimised, and that the sale, supply, and consumption of alcohol should be undertaken safely and responsibly.

3 ARLA has referred four of the appealed elements of the PLAP back to the Dunedin City Council (DCC) for reconsideration. Options are presented in this report with the proposed option that off licence hours are changed from 9am–9pm to 7am-10pm, and that three other appealed elements are removed from the PLAP. This is the most likely option to be accepted by ARLA and by appellants. If accepted it would allow the LAP to become operative, enabling the District Licensing Committee (DLC) to have the benefit of the LAP as part of their decision making on licence applications.

RECOMMENDATIONS

That the Council:

a) Rescinds March 2017 Council resolution that “A two year trial period for off licence hours of 7am-10pm would be run followed by a further two year restriction of 7am-9pm. A research study would be developed in consultation with the University, Medical Officer of Health and Police to gather data on alcohol related harm during this period”.

b) Decides whether to approve an amended Dunedin Provisional Local Alcohol Policy, as at Attachment A, for resubmission to the Alcohol Regulatory and Licensing Authority with the date of effect, if adopted, five working days after the Local Alcohol Policy adoption.

c) Agrees to work with relevant agencies to monitor the effectiveness of a Local Alcohol Policy

BACKGROUND

This section summarises the relevant legislation, and the process of Dunedin’s draft LAP to date.

Sale and Supply of Alcohol Act 2012

4 The Act 2012 allows territorial authorities to develop LAPs that must be taken into consideration by the DLCs and ARLA when considering applications for alcohol licences. The object of the Act is that harm caused by excessive or inappropriate consumption of alcohol should be minimised, and that the sale, supply, and consumption of alcohol should be undertaken safely and responsibly.

5 The LAP may include policies on any or all of the following matters relating to licensing:

a) Location of licensed premises by reference to broad areas

b) Location by reference to proximity to premises of a particular kind or kinds

c) Location by reference to proximity to facilities of a particular kind or kinds

d) Whether further licences, or licence of a particular kind, should be issued in the district

e) Maximum trading hours

f) The issue of licences with discretionary conditions

g) One-way door restrictions.

6 During the development of the draft LAP the Council must have regard to:

a) The objectives and policies of the District Plan

b) The number, location and operating hours of existing licensed premises

c) The extent of any alcohol prohibition in public places

d) Demography of the district’s residents

e) Demography of visitors to the area

f) The overall health indicators of the districts residents

g) The nature and severity of alcohol-related problems in the district.

7 While there are some regulations around the promotion of alcohol, regulating the price of alcohol is outside the scope of LAPs.

Draft Local Alcohol Policy consultation

8 While not mandatory, the DCC developed a draft LAP in 2014, in consultation with the Medical Officer of Health, Police, licensing inspectors and the hospitality industry. The draft LAP was made available for the public to consider from 1 September-10 October 2014.

9 The period of public consultation resulted in 4,262 submissions to the Council. Of these, 79% were submitted on forms developed by Hospitality NZ and the Dunedin Inner City Licensing Forum, a group of inner city licensed premises. Nineteen percent were sent by individuals and two percent were sent by organisations and businesses. 87% of submissions did not support the general direction of the draft LAP.

Provisional Local Alcohol Policy

10 The LAP Hearings Sub-committee finalised the Provisional LAP (PLAP) which the Council considered in June 2015. It adopted the draft PLAP for public notification from 6 July 2015. Main points of the draft PLAP are:

(i) Premises location: other than allowed in the Dunedin District Plan, licences will not generally be granted to new hotels, taverns/pubs or bottle stores within 100m of any educational or recreational facility or playground likely to attract predominantly young people under the legal purchase age, or any health facility.

Outlet density: there will be a moratorium on new off-licence premises in the area north of the Octagon bound by Stuart Street and Moray Place (south), Filleul and Queens Streets, the Gardens Village and Anzac Avenue until the first review of this policy. The exception to this will be specialist, premium wine stores and breweries selling their own product. This is to address concern at the relatively high number of off-licensed premises in that area.

(ii) Maximum occupancy: all on-licence and club licensed premises must clearly display the maximum occupancy of their premises beside the licence at the principal entrance.

(iii) Trading hours:

On-licence in or adjacent to Metropolitan Residential Areas	Sunday to Thursday 9 am to 11 pm Fridays and Saturdays 9 am to 12 midnight
On-licence in non-residential areas – Hotels and Taverns/Pubs	Monday to Sunday 8 am to 3 am the following day · 2.30 am one-way door
On-licence in non-residential areas – Restaurants/Cafes	Monday to Sunday 8 am to 1 am the following day
On-licence in non-residential areas – Entertainment premises	5 pm to 4 am the following day Premises will be required to have: · Live Entertainment · Door charge · 2.30 am one-way door
On-licence in remote areas	Monday to Sunday 8 am to 2 am the following day
Off-licence premises	Monday to Sunday 9 am to 9 pm
Club licensed premises	Sunday to Thursday 10 am to 11 pm Fridays and Saturdays 10 am to 12 midnight

(iv) Entertainment venues: when there is a genuine entertainment venue, one that is characterised by live entertainment, the sub-committee believes this should be catered for and have allowed them to have a 4 am closing time. This is conditional on there being live entertainment, a cover charge and a one-way door from 2.30 am.

(v) One-way doors: to assist the licensees begin winding down for the night and to start reducing the numbers of people on the streets, a one-way door will be applied by the DLC to take effect at the least 30 minutes before the licensed closing time.

(vi) Alcohol management plans: a requirement that all applications for the issue and renewal of off-licence premises are accompanied by alcohol management plans.

(vii) Planning certificate: a requirement that an application for an off-licence is accompanied by a certificate from the DCC planning department.

Appeals to the PLAP

11 At the end of the notification period, there were six appellants who claimed that elements of the PLAP were unreasonable in light of the object of the Act. Appellants were: Foodstuffs South Island Limited; The Mill Retail Holdings Limited and Independent Liquor (NZ) Limited; Dunedin Hospitality Group; New Zealand Police; Ignition Group Limited; and Progressive Enterprises Limited. Ellis Hospitality Group was also granted leave to appear at the Hearing.

12 Five elements of the PLAP were appealed and these were: the maximum trading hours for off licence hours and the one-way door policy; the moratorium on new off-licence premises; the requirement for alcohol management plans for off-licences; the requirement for a certificate from the DCC planning department for off-licences; and the creation of a new on-licence entertainment premises in non-residential areas.

ARLA hearing and decision

13 Hearings were held in November and December 2016. In February 2017, ARLA made its decision to refer four of the appealed elements of the PLAP back to the Dunedin City Council (DCC) for reconsideration. The four elements were the maximum trading hours for off licence hours; the moratorium on new off-licence premises; the requirement for alcohol management plans for off-licences; and the requirement for a certificate from the DCC planning department for off-licences.

14 The reason for ARLA referring the last three of these elements back to the DCC for reconsideration was that the elements are outside the scope of the Act. The reason for the maximum trading hours for off-licences was that it was unreasonable – there was insufficient local evidence that the proposed changes in off-licence trading hours would minimise alcohol related harm.

15 The appeal against the creation of a new on-licence entertainment premises in non-residential areas was dismissed.

Since the ARLA decision

16 After the February 2017 ARLA decision, the Council resolved in March 2017 that, “A two year trial period for off licence hours of 7am-10pm would be run followed by a further two year restriction of 7am-9pm. A research study would be developed in consultation with the University, Medical Officer of Health and Police to gather data on alcohol related harm during this period”.

17 Legal advice was sought on the Council’s options for reconsidering elements of the PLAP. Progress of other Council’s PLAPs through ARLA was also watched with interest. The Auckland Council PLAP proposed similar elements, specifically in relation to off-licence hours. ARLA’s decision on the Auckland PLAP was made in July 2017 and this was considered in detail as options for Dunedin were reviewed.

18 In July 2017, further discussions were held with the University of Otago Vice Chancellor and Prof Kyp Kypri, an international researcher, about the feasibility of the proposed two year trial for restricted off licence hours and the associated research study. While such a study is possible it would be expensive with no guarantee of statistically significant results. The change of only one hour, from 10pm to 9pm and back again, will make it difficult to detect an effect, even if there was one, because of the ‘blunt tools’ the Police and hospital currently have available. A study could be designed with more sensitive measures, such as breath testing at sentinel sites, but it would be expensive and would require several ‘control’ areas so the study would be wider than Dunedin.

19 Further legal advice on the Council’s options for reconsidering elements of the PLAP was sought again in light of the information provided by Prof Kypri and the Auckland PLAP decision with the PLAP being amended appropriately.

20 Discussions with Police, the Medical Officer of Health and the University of Otago acknowledged that the desired trial was not realistic. All parties are keen to realise the benefits of the LAP as soon as possible e.g. on-license hours and a one-way door policy, and therefore support the abandonment of a trial concept.

DISCUSSION

21 The Council needs to reconsider the four appealed elements that were upheld by ARLA before the PLAP can become operative. Once the LAP is in force, the DLC will have the benefit of the LAP as part of their decision making on licence applications.

22 Specific benefits of having the amended PLAP approved include

a) The 3am closing time for on-licensed premises (currently 4am);

b) The introduction of a one-way door from 2.30am;

c) The 10pm closing for off-licences if that is accepted by ARLA (rather than 11pm);

d) The Alcohol Management Plan would be a discretionary condition to be imposed by the DLC if it considered appropriate.

23 LAP measures should then help with the intent of the Act in Dunedin: that harm caused by excessive or inappropriate consumption of alcohol is minimised; and that the sale, supply, and consumption of alcohol should be undertaken safely and responsibly.

24 It is proposed that three of the appealed elements are removed from the PLAP. These elements are: the moratorium on new off-licence premises; the requirement for alcohol management plans for off-licences; and the requirement for a certificate from the DCC planning department for off-licences. ARLA referred these elements to the DCC for reconsideration because they are outside the scope of the Act.

25 It is also proposed to resubmit to ARLA the maximum trading hours for off-licences of 7am-10pm (rather than the PLAP hours of 9am-9pm). The reason that the proposed maximum trading hours for off-licences was referred to the DCC for reconsideration was they are unreasonable; there was insufficient evidence that the proposed changes in off-licence trading hours would minimise alcohol related harm in Dunedin. Currently, hours are 7am-11pm which are the hours specified in the Act and are the default hours in the absence of a LAP. The draft LAP proposed hours of 8am to 10pm. The 8am restriction is likely to suffer the same deficiencies in terms of evidential support as the 9am restriction. A 10pm restriction had broad support in submissions on the Draft LAP.

26 Other Councils’ LAPs have been subject to similar appeals. The Auckland Council’s PLAP off-licence hours of 9am–9pm were also appealed. ARLA upheld the appeal relating to 9am opening on the grounds that alcohol related harm could not be established in the morning, but accepted 9pm closing on the strength of the evidence presented.

27 Specific proposed amendments to the PLAP are detailed in Attachment A.

28 Once a LAP is in force, it must be reviewed within six years and, thereafter, within six years of the previous review. Part, or all, of the LAP may be reviewed anytime within the six year period. The reviews will provide an opportunity for the DCC to amend elements in light of new or additional evidence gained in relation to alcohol-related harm in Dunedin.

29 Also, in March 2017, the Council resolved that, “A two year trial period for off licence hours of 7am-10pm would be run followed by a further two year restriction of 7am-9pm. A research study would be developed in consultation with the University, Medical Officer of Health and Police to gather data on alcohol related harm during this period”.

30 Stakeholders agree it would be more effective to work alongside one another to monitor the effectiveness of the LAP, if it is introduced. It is recommended that the March 2017 recommendation is rescinded and, instead, that the DCC work with relevant agencies if the LAP is adopted.

31 The LAP, once adopted, must be reviewed no later than six years from the date of adoption. However, various components can be reviewed earlier if Council believes it is appropriate.

OPTIONS

32 There are two options available to Council.

Option One – (recommended) Approve amended PLAP for resubmission to ARLA with maximum off licence hours trading hours of 7am-10pm and removal of three other appealed elements

33 This option involves resubmitting the off licence hours element of the PLAP to ARLA. Resubmitted hours would be 7am opening and 10pm closing. Hours proposed in the 2015 PLAP were 9am opening and 9pm closing. This was the basis of some of the appeals and ARLA asked the DCC to reconsider this element of the PLAP.

34 This option also removes the three other appealed elements of the PLAP that ARLA referred for reconsideration, namely: the moratorium on new off-licence premises; the requirement for alcohol management plans for off-licences; and the requirement for a certificate from the DCC planning department for off-licences.

Advantages

· Unlikely to be appealed

· Minimise potential risks of costs relating to appeals

· Would allow LAP to be adopted and made operative enabling the DLC to have the benefit of the LAP as part of their decision making on licence applications.

Disadvantages

· Less potential to minimise alcohol related harm with longer off licence opening hours than first proposed.

Option Two – (status quo) Abandon the PLAP

35 This option involves abandoning the PLAP and not adopting an LAP for Dunedin.

Advantages

· No further costs would be incurred.

Disadvantages

· Opportunities to minimise alcohol related harm in Dunedin with a LAP are lost

· Momentum and efforts to date may be lost

· If Council wished to draft a LAP in the future, a potentially long and costly process may be repeated.

NEXT STEPS

36 If the Council approves the amended PLAP the next steps, as set out in the Act, are summarised as follows:

a) The amended PLAP is circulated to appellants for feedback (say three weeks)

b) All submitters are notified of proposed amendments to the PLAP

c) Amended PLAP is submitted to ARLA

d) If ARLA accepts the PLAP, then it is adopted on that day

e) Once adopted, all affected licensees and the public are notified of the adoption of the LAP and the LAP is circulated to licensees

f) The adopted LAP is brought into force on a day resolved by the Council (recommendation is five working days after adoption)

g) The new trading hours and one way door restriction will take effect three months after the adoption of the LAP.

37 If ARLA does not accept the resubmitted PLAP, Council would need to reconsider its next steps.

38 If the Council does not approve the amended PLAP there is no further action.

Signatories

Author:

Anne Gray - Policy Analyst

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Maria Ioannou - Corporate Policy Manager

Nicola Pinfold - Group Manager Community and Planning

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

Title

Page

Draft Amended PLAP 22 Jan 2018 with track changes

Draft Amended PLAP without track changes

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 proposal contributes to most strategies: Social Wellbeing priorities of vibrant and cohesive communities, and healthy and safe people; Economic Development priority of a compelling destination; Arts and Culture priority of identity pride; Spatial Plan priorities of liveable city, and vibrant and exciting city; and Parks and Recreation priority of open spaces supporting Dunedin’s communities to thrive.

Māori Impact Statement

If a LAP is adopted, the Maori Participation Working Party and Arai Te Uru Whare Hauroa will be notified of its adoption.

Sustainability

The LAP aims to improve the economic and social sustainability of Dunedin by ensuring vitality in the hospitality industry.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

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

Financial considerations

If the amended PLAP is adopted there are no known financial implications. However, if the amended PLAP is appealed there will be process related costs; the quantum of these is unknown.

Significance

Overall, the PLAP is considered moderate significance in terms of the Council’s Significance and Engagement Policy. There is high interest from the hospitality industry and from the community generally. The PLAP is consistent with current policies and strategies.

Engagement – external

The proposed amended PLAP is the result of a thorough engagement process as outlined in the Act. There were 4,262 submissions during consultation on the draft LAP.

The Police and Medical Officer of Health are supportive of the proposed approach.

If the Council decides to resubmit the amended PLAP to ARLA, the process is that: the amended PLAP is circulated to appellants for feedback; all submitters are notified of proposed amendments to the PLAP; the amended PLAP is submitted to ARLA; if ARLA accepts the PLAP and it becomes adopted all affected licensees and the public are notified of the adoption of the LAP and the LAP is circulated to licensees. The adopted LAP may then be brought into force on a day resolved by the Council (staff recommendation is five working days after adoption). New trading hours and one way door restriction will take effect at least three months after its adoption. Legal opinion was sought and provided throughout the process.

Engagement - internal

There has been discussion between the various Regulatory teams.

Risks: Legal / Health and Safety etc.

Although there is some financial risk if the amended PLAP is appealed by a party who made a submission, this is considered unlikely given that the draft PLAP has been amended in accordance with appeals, particularly in regard to maximum trading hours of off-licence premises.

Conflict of Interest

There is no known conflict of interest.

Community Boards

Community Boards were sent copies of the draft LAP and given the opportunity to respond. If the LAP is adopted, Community Boards will be notified of its adoption.

Council

1 May 2018

Proposed Litter Compliance Policy, Offences and Infringement Fees

Department: Waste and Environmental Solutions and Infrastructure and Networks

EXECUTIVE SUMMARY

1 The purpose of this report is to recommend Council adopt the proposed Litter Compliance Policy, Litter Offences and Infringement Fees.

2 This report addresses the need for a policy document and rationale for imposing penalties for litter offences.

3 Council’s intent to adopt the proposed Litter Compliance Policy, Litter Offences and Infringement Fees has been publically notified for 14 days in accordance with the Litter Act 1979.

RECOMMENDATIONS

That the Council:

a) Approves the proposed Litter Compliance Policy, Litter Offences and Infringement Fees for adoption.

b) Notes that the business case for additional resource to implement and enforce the Litter Compliance Policy, Litter Offences and Infringement Fees will be presented to the Executive Leadership Team.

c) Delegates to the Hearings Committee the power to receive, consider, hear, and determine any objections under the Litter Act 1979 for infringement notice objections issued from 1 July 2018.

Background

4 A report presenting the proposed Litter Compliance Policy, Litter Offences and Infringement Fees was presented to Infrastructure Networks Services Committee (INSCOM) on 16 April 2018.

5 An amendment to the scope of the Proposed Litter Compliance Policy (the Policy) was made to better clarify that the DCC will apply this Policy in public places and to private land within the Council’s control. This excludes land under the control of other public authorities such as the New Zealand Transport Agency.

6 INSCOM approved the Litter Compliance Policy, Litter Offences and Infringement Fees for 14 days public notification in accordance with the Litter Act 1979.

7 The Litter Compliance Policy, Litter Offences and Infringement Fees was publically notified on 17 April 2018.

Discussion

8 This report addresses the need for a policy document and rationale for imposing penalties for litter offences. It provides for an open and transparent process which will be supported by educational material and other communications suitable for a public audience, i.e.:

a) DCC Website

· how to report littering in a public place or a rubbish dumping event;

· offences and infringement fees;

· how to pay a fine for littering or rubbish dumping; and

· disputes process for a littering or rubbish dumping fine.

b) A letter will be sent to Landlords and Property Managers in the University Campus area advising them of the Litter Compliance Policy, Litter Offences and Fees.

c) A litter educational flyer will be developed that summarises the Litter Compliance Policy, Litter Offences and Fees.

d) Litter bin stickers in relation to household waste being deposited in public litter bins will be displayed on litter bins.

9 This report also identifies the need for additional resources, either internal or external, to ensure that this Policy can be enforced when required, as a next step to implementation. A business case will need to be developed and presented to the Executive Leadership Team (ELT) for approval.

10 Council’s Waste and Environmental Solutions, Parks and Recreation, Transportation, and, to a lesser degree, Environmental Health teams are supported by this Policy in the control of littering and illegal dumping.

Options

Option One – Council approves the proposed Litter Compliance Policy, Litter Offences and Infringement Fees for adoption

Advantages:

· Provides for a clear and transparent process

· Provides a consistent enforcement approach for Council to use in dealing with littering and illegal dumping events

Disadvantages:

· Additional resource will be required to enforce the Policy

Option Two – Council does not adopt the proposed Litter Compliance Policy, Litter Offences and Infringement Fees

Advantages:

· No change to Council policies

· No additional resources required

Disadvantages:

· Limits Council’s ability to address the problem of litter and illegal dumping of waste

Next Steps

11 A business case regarding the resource requirements for implementation and enforcement of the Policy beginning 1 July 2018 will be developed for consideration by ELT.

Signatories

Author:

Catherine Irvine - Solid Waste Manager

Christine Davis - PA to the General Manager Infrastructure and Networks (Acting)

Authoriser:

Chris Henderson - Group Manager Waste and Environmental Solutions

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Litter Compliance Policy	82

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

This 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	☒	☐	☐

The objective of the Litter Compliance Policy is to keep Dunedin’s population and Environment healthy by minimising the negative effects of littering and illegal dumping.

Māori Impact Statement

None identified.

Sustainability

The Litter Compliance Policy will assist in enforcement for offences under the Litter Act 1979 and assist in protecting the environment from the harmful effects of litter.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

A schedule of fees contained in the Policy will be adopted by Council on 1 May 2018.

Financial considerations

Some cost recovery via infringement fees.

Significance

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

Engagement – external

The University of Otago and wider public through public notification.

Engagement - internal

DCC Infrastructure and Network Groups, Customer Services Agency, Legal, and Policy staff.

Risks: Legal / Health and Safety etc.

DCC may not receive payment of an infringement fee or the recovery of costs associated with court proceedings if there is insufficient evidence to support the identification of the alleged offender.

Conflict of Interest

No conflicts identified.

Community Boards

The public notification was provided to all Community Boards.

POLICY REGISTER

Department responsible:	Waste and Environmental Solutions
Policy number:	TBC
Policy version:	1.0
Review date:	1 July 2024
Contribution to strategic framework - specific priorities:	Environment Strategy via Waste Management and Minimisation Plan

Council

1 May 2018

1. Litter Compliance policy
Approved by:	Council
Sponsor:	General Manager Infrastructure and Networks
Department responsible:	Waste and Environmental Solutions
Date approved:	1 May 2018	Reviewed:
Next review date:	1 July 2024	DOC ID:

Purpose

Dunedin City Council (DCC) receives a number of call outs to collect litter and illegally dumped rubbish. The Waste and Environmental Solutions (W&ES), Parks and Recreation (PARS), Transportation, and Environmental Health activities are involved in responding to these calls.

This policy provides a consistent enforcement approach for the teams dealing with littering and illegal dumping events regularly.

Ensuring Dunedin’s people and environment are healthy by minimising the negative effects of littering and illegal dumping is a key strategic outcome for this policy.

Scope

Local authorities are responsible for the enforcement of the Litter Act 1979. Sections 13 and 14 of the Act allow local authorities to adopt infringement provisions to minimise the negative effects of littering and illegal dumping.

This policy provides guidance to DCC Officers responding to littering or illegal dumping incidents. It provides a framework for warranted Litter Control Officers to serve infringement notices for non-compliance, littering and illegal dumping based on positive identification of the offender.

The DCC will apply this policy in public places and to private land within the Council’s control. This excludes land under the control of other public authorities such as the New Zealand Transport Agency.

This policy addresses litter offences and infringement only and there are some waste related issues of non-compliance that will not be covered by this policy e.g. contamination of recycling bins which is being managed via a kerbside bin checking programme.

Definitions

For the purposes of this policy litter is defined under three categories:

Litter: - any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, garden waste, grass clippings, other waste matter, or any other thing of a like nature.

Dangerous Litter: - items likely to endanger a person or cause physical injury, disease or infection. This includes glass whether it is broken or not, medical waste (including needles), other sharp or jagged metal or any litter of a toxic or poisonous nature.

Offensive Litter: - rotting food, animal remains, faeces, sanitary products and discarded nappies.

Policy

1. Council role and responsibility

1.1. It is the responsibility of the DCC to monitor the Dunedin district, respond to reported littering and illegal dumping incidents and to decide what remedial action should be taken.

2. Principles of compliance and enforcement

2.1. The DCC has discretion regarding the response taken to a littering or illegal dumping incident.

2.2. Measures such as education, warnings, infringement notices and prosecutions may be used.

2.3. Factors influencing the choice of response are the type/nature of infringement; the impact and significance of the infringement on the environment and/or wider community and the frequency of offending.

3. Enforcement powers

3.1. Litter Control Officers

3.1.1. Section 5 of the Act authorises the DCC to appoint persons (whether employed by the DCC or not) as Litter Control Officers.

3.1.2. The powers and duties of the Litter Control Officer are set out in the Act and incorporated into their warrant of appointment.

3.2. Litter Wardens

3.2.1. Council may appoint persons (whether employed by the Council or not) as Litter Wardens under section 5 of the Act.

3.2.2. Wardens duties are stated in their warrant of appointment and are performed in public places within Councils control.

3.2.3. Litter Wardens cannot issue infringement notices but are able to gather evidence and provide it to the Litter Control Officer so that an investigation can take place.

4. Types of enforcement response

4.1. Education & Warning

4.1.1. Warnings may be issued at the discretion of the Litter Control Officer or Litter Warden.

4.1.2. Education material is supplied in the case of a minor first offence.

4.2. Infringement

4.2.1. The DCC may issue an infringement notice, with the appropriate infringement fee as specified in Table 1.

4.2.2. Any Officer warranted by the DCC under Section 5 of the Act, as a Litter Control Officer, is authorised to issue infringement notices in the Dunedin district.

4.2.3. An infringement notice may be issued if the terms of a notice to clear litter are not met.

4.2.4. Infringement notices may not be issued when an offender cleans up the litter when requested to do so by a Litter Control Officer on the first request.

4.2.5. Where an offence fits more than one descriptor in Table 1, the higher infringement penalty will apply.

4.2.6. Where repeat offending for the same offence occurs within a 12 month period, the higher infringement penalty will apply.

4.2.7. The Council may recover the costs of clean up and any remediation from the offender in addition any infringement fees payable.

Table 1: Schedule of Littering Offences and Infringement Fees

2. 3. LITTERING OFFENCES AND INFRINGEMENT FEES 4.
5. Infringement	6. First Offence	7. Second or Subsequent Offence
8. Household rubbish deposited in public litter bins or public space recycling bins will be treated as litter.	9. $100	10. $400
11. A single item of litter, or less than 1 litre, left in a public space, or on private land without the occupier’s consent	12. $100	13. $400
14. Litter, of more than 1 litre and less than or equal to 40 litres*	15. $150	16. $400
17. Litter, or more than 40 litres and less than 240 litres**	18. $250	19. $400
20. Litter, of more than 240 litres, left in a public space, or on private land without the occupier’s consent***	21. $400	22. $400
23. Dangerous litter or offensive litter left in a public place, or on private land, without the occupier’s consent	24. $400	25. $400

26.

27. * Single item or small scale litter offence i.e. less than the volume of blue glass recycling bin

** Medium scale litter offence i.e. less than the volume of a yellow-lidded kerbside mixed recycling bin

*** Large scale litter offence, in these cases the Litter Control Officer will make a judgement as to whether to apply a fine or pursue a prosecution through the courts.

4.3. Prosecution

4.3.1. The DCC may prosecute offenders in respect of any breaches of the Litter Act 1979, and may do so in combination with enforcement under any other applicable legislation.

4.4. Other Legal Action

4.4.1. The DCC may take other legal action against anyone who:

4.4.1.1. Wilfully obstructs a Litter Control Officer who is performing any powers or duties conferred under the Act.

4.4.1.2. Does not comply with the requirements of a Litter Control Officer infringement notice within a stated timeframe.

4.4.1.3. Provides false information or does not provide their name and place of residence to a Litter Control Officer or Litter Warden

4.4.1.4. Impersonates or falsely pretends to be a Litter Control officer

5. Littering Offences: Depositing of litter/waste

5.1. Depositing household/commercial waste in public litter bins or public place recycling bins is an offence.

5.2. The DCC may assess the medium or large scale deposit of waste as illegal dumping (also known as fly tipping) where the intent to deposit litter unlawfully is established.

5.3. Deposited garden waste will be treated as a medium or large scale litter offence because this type of waste may spread noxious weeds or create a fire risk.

5.4. Litter that has not been properly prepared for transportation and is spilt from a moving vehicle is an offence.

6. Littering Offences: Failure to comply with municipal rubbish collection requirements

6.1. Failure to comply with DCC residential and commercial rubbish collection requirements is a litter offence. Offences include:

6.2. Use of rubbish bags other than the DCC’s official black plastic rubbish bags.

6.3. Rubbish bags put out for collection before 3.00 pm or after 6.00 pm in the Central Business District (Central Business District as defined in the District Plan).

6.4. Any cardboard put out for collection in the Central Business District which:

6.4.1. Is not flattened, tied, taped or otherwise secured to avoid spillage; or

6.4.2. Exceeds 1 meter in length in any direction; or

6.4.3. Is not placed at a designated cardboard collection point; or

6.4.4. Is left in any other condition unsuitable for collection.

7. Littering Offences: Litter on private land

7.1. The DCC or appointed Litter Control Officer, may serve any occupier of any private land a written notice requiring the occupier to:

7.1.1. Clear away, or remove litter from the premises; or

7.1.2. To clean up; or

7.1.3. To screen, cover or otherwise obscure the litter from view.

7.2. The written notice will specify a timeframe for action.

7.3. Action taken by the occupier must be completed to the satisfaction of the Officer issuing the notice.

7.4. An Officer is able to extend the time specified on a notice, if the occupier has reasonably been prevented from completing the work within the time specified.

7.5. Objection process for a notice to clear litter (occupier of private land):

7.5.1. People receiving a notice under Subsection 10 (1) of the Act, may object to the requirement of the notice, in writing, within 14 days after receipt on the grounds that those requirements are unreasonable.

7.5.2. Objections are to be made in writing to the DCC, and a hearing will be scheduled and the objector is entitled to be heard.

7.5.3. The Hearings Committee will issue a decision that upholds, changes or cancels the notice.

Relevant Legislation:	Litter Act 1979
Associated Documents:

Council

1 May 2018

Submission on the draft Government Policy Statement on Land Transport 2018/19 - 2027/28

Department: Transport

EXECUTIVE SUMMARY

1 This report presents a draft submission on the draft Government Policy Statement on Land Transport 2018/19 – 2027/28 (“the draft GPS”) for consideration by the Council (Attachment 1).

RECOMMENDATIONS

That the Council:

a) Considers the proposed submission to the Ministry of Transport.

b) Authorises the Chief Executive Officer to make minor edits to the submission.

c) Authorises the Mayor to sign the submission on behalf of Council.

BACKGROUND

2 The GPS is the Government’s main mechanism for setting priorities for land transport investment. It also establishes the funding ranges available for each activity class, and identifies the results expected from this investment.

3 The GPS is a legislative requirement of the Land Transport Management Act 2003. A new GPS is issued every three years. The outgoing Government issued a draft GPS last year, which has been superseded by the current draft GPS.

4 The Ministry of Transport is seeking feedback on the draft GPS, which can be viewed at www.transport.govt.nz/GPS2018. Submissions close on 2 May 2018.

5 The draft GPS is a key step towards a change in approach to the land transport system. The key strategic priorities are safety and access, supported by the priorities of environment and value for money.

6 Themes have been included to assist understanding of how to effectively deliver on the priorities. The themes for the draft GPS are:

· a mode-neutral approach to transport planning and investment decisions

· incorporating technology and innovation into the design and delivery of land transport investment

· integrating land use and transport planning and delivery.

DISCUSSION

7 Staff have prepared a submission to the Ministry of Transport on the draft GPS (see Attachment 1). The Chair and Deputy Chair of the Infrastructure Services and Networks Committee, and staff from Transport, Corporate Policy and Community and Planning have been consulted in the preparation of the submission.

8 The submission supports the draft GPS, as it aligns well with the Council’s strategic direction, particularly that set out in the Dunedin City Integrated Transport Strategy (2013). The submission supports the strategic direction in the GPS and the proposed funding reprioritisation, particularly the allocation of increased funding to walking and cycling improvements, and an increased focus on demand management.

9 The Ministry of Transport is likely to undertake a second stage review of the GPS to fully realise Government’s direction for transport investment. This has not yet commenced, however the draft GPS contains references to the areas intended to be reviewed in stage two. The submission includes some comments on the second stage review, based on feedback from staff and the Chair and Deputy Chair of the Infrastructure Services and Networks Committee.

OPTIONS

10 Council needs to consider the submission issues and decide the final form and content of the submission it wishes to make. It is also open to Council to decide not to make a submission. As making a submission is an administrative function, it is not necessary to include the advantages or disadvantages of this decision.

11 If Council does wish to make a submission then it is recommended that the Mayor be authorised to submit the response on behalf of Council.

NEXT STEPS

12 Once Council determines its view on the proposed response, staff will formalise the submission to the Ministry of Transport and submit it by the due date of 2 May 2018.

Signatories

Author:

Anja McAlevey - Senior Transportation Planner

Authoriser:

Nick Sargent - Transport Strategy Manager

Richard Saunders - Group Manager Transport

Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
a	Draft Government Policy Statement on Land Transport 2018/19 -2027/28 (Under Separate Cover)	92
b	DCC Draft Submission - GPS on Land Transport 2018/19 - 2027/28

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities by informing the Ministry of Transport of Council’s views and preferences on the topic of land transport funding.

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 draft GPS aligns well with the Council’s strategic direction, particularly that set out in the Dunedin City Integrated Transport Strategy (2013). The attached submission discusses this alignment further.

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.

Financial considerations

There are no financial implications.

Significance

The matter is of low significance when assessed against the Significance and Engagement Policy.

Engagement – external

There has been no external engagement in relation to this submission.

Engagement - internal

Given the short timeframe, the Chair and Deputy Chair of the Infrastructure Services and Networks Committee, and staff from Transport, Corporate Policy and Community and Planning have been consulted in the preparation of this draft submission.

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 have not been consulted on the preparation of the submission due to the short timeframe. The submission is at a broad level, and there are no known implications specific to a Community Board at the level suitable for inclusion in the submission.

Council

1 May 2018

Submission on the Otago Regional Council Long Term Plan 2018-2028

Department: Civic

EXECUTIVE SUMMARY

1 The Otago Regional Council (ORC) has released its Long Term Plan (LTP) consultation document “For Our Future”. Submissions are invited, and are to be received by 11 May 2018.

2 The purpose of this paper is to present to the Council possible items that could be included in a submission to the ORC. Councillors were invited to provide feedback on items they would like to be included in a submission, and some staff suggestions have also been received. These are all discussed in Section 5 of this report.

RECOMMENDATIONS

That the Council:

a) Approves items for inclusion in a submission to the Otago Regional Council on its 2018 – 2028 Long Term Plan consultation document.

b) Authorises the Mayor to approve the final submission.

c) Authorises the Mayor (or his delegate) to present the submission on behalf of Council.

BACKGROUND

3 The ORC has invited submissions on its 2018 - 2028 LTP consultation document, a copy of which is attached to this report. Submissions close on 11 May 2018. Hearing will be held during the week of 23 to 29 May 2018.

4 Given the timing for making a submission, it is proposed that following consideration from Council on items for inclusion, a full submission will be prepared. It is further proposed that the Mayor be authorised to approve the full submission, prior to submitting it to the ORC.

DISCUSSION

5 Feedback has been received, and items proposed for inclusion in a submission to the ORC are discussed below.

Topic	Submission Point
Bus services	· Adequate provision of bus services to meet the needs of Peninsula commuters.
Harbour matters	· Dredge the Eastern Channel · Establish a harbour liaison group, as proposed at the Otago Harbour Forum Heritage Festival held on 16 October 2017, to be led by the ORC. · Consider additional water quality monitoring sites in Otago Harbour, at a minimum, at the harbour entrance and within the harbour basin; to include any additional parameters for analysis against which the effects of urban water quality will be measured.
Climate change	· Support Option 1 – to undertake projects focusing on the effects of sea level rise in South Dunedin and the Clutha Delta and initiate a risk assessment programme to scope and prepare for the effects of climate change on all areas within Otago. Note – Option 2 proposes undertaking the South Dunedin and Clutha Delta projects, but to not complete the wider risk assessment programme.
Water monitoring – extended programme	· Support Option 3 – to significantly increase the number of freshwater monitoring sites to 90, undertake boat – based monitoring of alpine lakes as part of a long term plan programme, and installs three lake buoys over the next four years. Note – Option 1 proposes increasing the number of freshwater monitoring sites to 75, rather than 90. Option 2 proposes monitoring sites to remain at 65, and lake buoys to be installed from 2021/22. · Ensure monitoring is appropriate to inform and support contaminants of concern in the urban environment as well as the rural environment, and that the Kaikorai Stream and the Leith are included in the State of the Environment programme. · Support the inclusion of wetlands and coastal waters in the monitoring programme.
Urban water quality	· Support Option 1 – begin implementing the strategy for urban water quality in 2018/19. Note – Option 2 proposes deferring implementation until 2021/22.
Air quality	· Ban the use of coal for domestic heating.

OPTIONS

6 As this is an administrative report, it is not necessary to provide options or a summary of considerations.

NEXT STEPS

7 Following consideration of items for inclusion, a full submission will be drafted and circulated via email to all councillors, prior to the Mayor approving the final version. The submission will then be submitted to the ORC by 11 May 2018, noting that the DCC wishes to be heard.

Signatories

Author:	Sharon Bodeker - Team Leader Civic
Authoriser:	Sandy Graham - General Manager Strategy and Governance

Attachments

	Title	Page
a	ORC LTP consultation document, For our Future (Under Separate Cover)

Mayor	Mayor Dave Cull
Deputy Mayor	Cr Chris Staynes
Members	Cr David Benson-Pope	Cr Rachel Elder
	Cr Christine Garey	Cr Doug Hall
	Cr Aaron Hawkins	Cr Marie Laufiso
	Cr Mike Lord	Cr Damian Newell
	Cr Jim O'Malley	Cr Conrad Stedman
	Cr Lee Vandervis	Cr Andrew Whiley
	Cr Kate Wilson

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 Confirmation of the Confidential Minutes of Ordinary Council meeting - 20 March 2018 - 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)(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).	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 Confirmation of the Confidential Minutes of Ordinary Council meeting - 13 April 2018 - Public Excluded	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.
C3 Appointment to Trust	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.
C4 Appointment to an External Organisation	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.

	Title	Page
a	Minutes of Ordinary Council meeting held on 20 March 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Economic Development Committee held on 13 March 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Finance and Council Controlled Organisations Committee held on 13 March 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Community and Culture Committee held on 17 April 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Mosgiel-Taieri Community Board held on 7 February 2018 (Under Separate Cover)

	Title	Page
a	Minutes of West Harbour Community Board held on 7 February 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Saddle Hill Community Board held on 15 February 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Waikouaiti Coast Community Board held on 7 March 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Otago Peninsula Community Board held on 8 March 2018 (Under Separate Cover)

	Title	Page
a	Minutes of Strath Taieri Community Board held on 8 March 2018 (Under Separate Cover)

	Title	Page
a	Notice of Motion Proposed Bus Route Changes	101

	Title	Page
a	Notice of Motion - Peninsula Bus Access	103