Agenda of Council - 26 February 2019

Notice of Meeting:

I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:

Date: Tuesday 26 February 2019

Time: 1.00 pm

Venue: Council Chamber, Municipal Chambers,
The Octagon, Dunedin

Sue Bidrose

Chief Executive Officer

Council

PUBLIC AGENDA

MEMBERSHIP

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

Senior Officer Sue Bidrose, Chief Executive Officer

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.

Council

26 February 2019

Reports

Delegation re Development Contribution Hearing

Department: Civic

EXECUTIVE SUMMARY

1 A request to remit a development contribution of $66,099 has been received by the Council, and the applicant has asked for a hearing to consider the request.

2 Under the current Committee Structure and Delegations manual, as the contribution is greater than $50,000, the request must be considered by a hearing of the full Council.

3 The purpose of this report is to ask Council to delegate the authority to a panel, to consider and determine the outcome of the application.

4 It is recommended that Cr Kate Wilson, as Chair of the Hearings Committee, is given the authority to appoint a panel.

RECOMMENDATIONS

That the Council:

a) Delegates the authority to a panel of the Hearings Committee, to consider and determine an application for remission for a development contribution, where the contribution is $66,099.

b) Delegates to Cr Kate Wilson, as Chair of the Hearings Committee, the authority to appoint the panel.

BACKGROUND

5 Council has the ability to levy development contributions under the Local Government Act (the Act). The Act provides that requests for considering remissions of development contributions must be decided in accordance with Council’s development contributions policy.

6 Council’s Development Contribution Policy includes the following:

“The DCC will consider requests for remissions, unusual developments and deferral of payment.

Unusual Developments – The DCC reserves the right to individually assess contributions on any development that it deems to create a significantly different demand on infrastructure than could usually be expected under their relevant land use category. This may include a development that the DCC deems does not fit into the land use categories.

Remissions – At the request of the applicant, the development contribution required on a development may be considered for remission at the DCC’s discretion on a case by case basis.”

7 Council’s Committee Structure and Delegations manual sets out delegations to the Hearings Committee for considering and determining applications for remissions of development contributions as follows:

“11 – To consider and determine applications for remission of a development contribution for an unusual development where the amount is less than $5,000 and a hearing has been requested.

12 – to consider and determine applications for remission of a development contribution for an unusual development where the contribution is greater than $5,000 and less than $50,000.”

8 Staff have the delegated authority to consider and determine applications for remission, for contributions up to $5,000 and where a hearing has not been requested.

DISCUSSION

9 The value of development across Dunedin has increased substantially from the time the delegations were set. More requests for remission of contributions greater than $50,000 are likely to be received in the future. Under current delegations, all requests over $50,000 would need to be considered by the full Council, including hearing applications if requested.

10 It may be that Council wishes to raise the threshold for full Council hearings. A formal review of delegations for development contribution applications will be carried out at a future date, for consideration by Council. This report, meanwhile, addresses just this single remission application.

OPTIONS

Option One – Recommended Option

11 The recommended option is to delegate the authority to a panel of the Hearings Committee, to consider and determine the application received for remission of a development contribution for a value of $66,099.

Advantages

· Setting a hearing and considering the application would be held in a more timely manner for the applicant if undertaken by the Hearings Committee rather than the full Council.

Disadvantages

· Any hearing panel would be paid hearing fees in line with the determination. If the full Council considers the matter, then there will be no fees.

Option Two – Status Quo

12 Council to consider the application received, including a holding hearing as requested by the applicant.

Advantages

· Less cost would be incurred by council as there would be no panel costs.

· All councillors will hear the full remission application.

Disadvantages

· The application may not be considered in as timely a manner for the applicant, if the full Council is to be convened to consider and hear the application.

· A panel of 15 councillors at a hearing may feel overwhelming for the applicant.

NEXT STEPS

13 If agreed, Cr Wilson, as Chair of the Hearings Committee, will appoint a panel to hear, consider and determine the application received, otherwise a time will be arranged for the full council to undertake this process.

14 A formal review of delegations for development contribution applications will be carried out at a future date, for consideration by Council.

Signatories

Author:	Sharon Bodeker - Team Leader Civic
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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	☒	☐	☐

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known impacts for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no impacts.

Financial considerations

The appointment of a panel to consider applications would cost more than if the council were to consider them.

Significance

This matter is considered low in terms of 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 risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no impacts for Community Boards.

Council

26 February 2019

Draft 2019/2020 Statements of Intent - Dunedin City Holdings Group Companies

Department: Dunedin City Holdings Ltd

EXECUTIVE SUMMARY

1 This report presents the draft 2019/2020 Statements of Intent of Dunedin City Holdings Group companies for Council comments and/or noting.

RECOMMENDATIONS

That the Council:

a) Notes the draft 2019/2020 Statements of Intent of Dunedin City Holdings Group companies;

b) Provides comments on the draft 2019/2020 Statements of Intent by 1 May 2019.

BACKGROUND

2 Council Controlled Organisations (CCOs) are required to deliver draft Statements of Intent (SoIs) to Council by 1 March each year.

3 Although Aurora Energy is not a CCO as defined in the Local Government Act 2002 (LGA), certain provisions of the LGA apply to the company, one of which requires the preparation of an SoI which complies with the LGA.

4 The SoI demonstrates accountability to the shareholder and the public by outlining the company’s activities and intentions for the next three financial years. The SoI provides the basis for the accountability of the directors to their shareholder for the performance of their organisation.

DISCUSSION

5 Draft SoIs have been drafted to reflect the Letter of Expectation (LoE) from the Dunedin City Council dated 31 August 2018.

6 Please note that due to the compliance timeframes and the length of time between preparation of these draft SOIs and the final SOIs, the financial projections contained in draft SoIs are likely to be at a variance with those presented on or before 30 June 2019.

7 As a shareholder of DCHL the Council may, within two months of 1 March 2019, provide comments on the draft SoIs to the Board of DCHL, who must consider any such comments. DCHL will also co-ordinate providing any feedback to subsidiary and/or associate companies. A workshop to discuss feedback has been scheduled for 8 April 2019.

8 Final SoIs must then be delivered to shareholders on or before 30 June 2019. SoIs are made available publicly on the DCC website on or before 1 July 2019.

OPTIONS

9 Not applicable.

NEXT STEPS

10 The Council may provide comments on draft SOIs to the Board of DCHL by 1 May 2019.

11 A workshop for discussion of the draft Statements of Intent for Councillors and Board Chairs or their representatives will be held on 8 April 2019.

12 Budget figures will be updated prior to the completion of final SOIs in June 2019.

Signatories

Author:	Jemma Adams - General Manager, Dunedin City Holdings Ltd
Authoriser:	Keith Cooper, Dunedin City Holdings Ltd

Attachments

	Title	Page
⇨a	Dunedin City Holdings Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨b	Aurora Energy Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨c	City Forests Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨d	Delta Utility Services Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨e	Dunedin City Treasury Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨f	Dunedin Stadium Property Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨g	Dunedin Venues Management Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨h	Dunedin International Airport Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)
⇨i	Dunedin Railways Ltd Draft 2019/2020 Statement of Intent (Under Separate Cover)

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	☐	☐	☒

All draft SoIs take Council’s Strategic Framework, and the themes of Council’s Letter of Expectation to DCHL, dated 31 August 2018, into account. Each SoI includes the Strategic Framework as an Appendix.

Māori Impact Statement

No known impacts for tangata whenua.

Sustainability

No known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No known implications.

Financial considerations

No financial implications.

Significance

The report is considered low in terms of Council's Significance and Engagement policy.

Engagement – external

There has been no external engagement outside of DCHL Group.

Engagement - internal

There has been no internal engagement to date. A workshop for Councillors and DCHL Group Chairs has been scheduled for 8 April 2019.

Risks: Legal / Health and Safety etc.

No known risks.

Conflict of Interest

No known conflicts of interest.

Community Boards

No known implications for Community Boards.

Council

26 February 2019

Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Ltd

Department: Finance

EXECUTIVE SUMMARY

1 This Report recommends that the existing Procedure for Appointment of Directors of Council-owned companies be replaced with a new Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited.

2 The existing Procedure for Appointment of Directors of Council-owned companies was approved in 2000. Accordingly, a new Procedure has been developed. The new Procedure has been developed in conjunction with both the General Manager, Dunedin City Holdings Ltd and external legal commentary.

RECOMMENDATIONS

That the Council:

a) Approves the new Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited.

BACKGROUND

3 Not applicable.

DISCUSSION

4 The current Council ‘Procedure for Appointment of Directors’ was adopted by Council in September 2000. Officers have recognised that the current Procedure is due for an update and, having obtained expert legal advice, have developed the attached new ‘Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Ltd’.

5 The proposed Procedure varies so significantly from the current Procedure that reviewing the changes via ‘track changes’ would not be effective. Accordingly, the current Procedure is attached as a separate Attachment to enable a comparison to be between the two different versions.

OPTIONS

6 Not Applicable.

Recommendation

7 Council approves the new Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Ltd.

Advantages

· Council will have a relevant Procedure.

Disadvantages

· None.

NEXT STEPS

8 Once approved, this new Procedure will be formally implemented.

Signatories

Author:	Dave Tombs - General Manager Finance and Commercial
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Proposed Procedure for Appointment and Remuneration of Directors of DCHL	31
⇩b	Current Procedure for Appointment of Directors	39

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This proposal relates to providing a regulatory function and it is considered comprehensive and practical.

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	☒	☐	☐

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known long-term sustainability implications.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known LTP, Annual Plan, service levels or performance measure implications.

Financial considerations

There are no known financial implications.

Significance

This Recommendation is considered Low in terms of Council’s Significance and Engagement Policy.

Engagement – external

The proposed Procedure has been discussed with the General Manager of Dunedin City Holdings Ltd and has been developed with external legal advice.

Engagement - internal

The proposed Procedure has been discussed with relevant members of the Executive Leadership Team.

Risks: Legal / Health and Safety etc.

Reputational and Operating risks exist with having an outdated and/or ineffective Procedure.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no known implications for Community Boards.

Council

26 February 2019

Resolution to Exclude the Public

That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Appointments of Chair to Dunedin City Holdings Limited/Dunedin City Treasury Limited	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential because the appointment of director is made public once the applicant has been notified of the decision..
C2 Director Remumeration - Dunedin City Holdings Limited Group Companies	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(b)(i) The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential becasue the information contained in this report remains confidential until Council has determined the level of fees and advised Dunedin City Holdings Limted of the outcome at which point the information can be made public..
C3 Dunedin City Holdings Group Re-Appointments	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 the Otago Museum Trust Board	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item and that and Jemma Adams (General Manager DCHL) be permitted to attend the meeting to speak to Items C1, C2 and C3 and Keith Cooper (Director, DCHL) be permitted to attend the meeting to speak to Item C3 and provide assistance in relation to the matters to be discussed..

	Title	Page
⇩a	Councillor Register of Interest	7