Agenda of Council - 26 March 2019

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 19 February 2019, commencing at 1.00 pm

PRESENT

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

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services), Graham McKerracher (Manager, Council Communications and Marketing), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), Dave Tombs (General Manager Finance and Commercial), John Christie (Director Enterprise Dunedin), Sharon Bodeker (Team Leader Civic), Maria Ioannou (Corporate Policy Manager), David Bainbridge (Group Manager Property Services), Robert West (Group Manager Parks and Recreation), Tami Sargeant (Senior Policy Analyst), Andrea Jones (Communications Team Leader)

Governance Support Officer Lynne Adamson

1 Opening

TRIBUTE TO GRAHAM CROMBIE, CHAIR, DUNEDIN CITY HOLDINGS LIMITED

The Mayor paid tribute to Graham Crombie, Chair of Dunedin City Holdings Limited (DCHL) who recently passed away and acknowledged the contribution he had made to Council, DCHL and its subsidiaries.

The Mayor commented on the extensive list of appointments Mr Crombie held and on his reputation for revitalising and lifting the performance of the organisations he worked in, noting that his experience, expertise and guidance would be sorely missed.

The Mayor extended sincerest sympathy and condolences to the family on their very sad loss.

Council then held a minute of silence for Mr Crombie.

OPENING PRAYER

Revd Greg Hughson, (University Chaplain) opened the meeting with a prayer.

2 Public Forum

2.1 South Dunedin Community Hub

Craig Waterhouse (South Dunedin Business Association) postponed speaking to Council.

2.2 Climate Change and Carbon Soil Sequestration

Diane Yeldon had provided a written submission on Climate Change and Carbon Soil Sequestration that had been circulated to Councillors.

2.3 George Street Traffic

Michael Lee expressed concerns he held with the traffic flow in the central city and responded to questions.

3 Apologies

There were no apologies.

4 Confirmation of agenda

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Confirms the agenda with the following alterations:

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

- That Item C4 – Appointment to the Otago Museum Trust Board be deferred until the Council meeting to be held on 26 February 2019.

Motion carried (CNL/2019/016)

5 Declarations of interest

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

Cr Rachel Elder advised that she was the Chair of the Southern Urban Dunedin Community Response Group and requested that her declaration be updated.

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a) Amends the Elected Members' Interest Register; and

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

Motion carried (CNL/2019/017)

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a) Notes the Executive Leadership Team's Interest Register.

Motion carried (CNL/2019/018)

6 Confirmation of Minutes

13 6.1 Ordinary Council meeting - 29 January 2019

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 29 January 2019 as a correct record.

Motion carried (CNL/2019/019)

14 6.2 Ordinary Council Annual Plan meeting - 29 January 2019

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Confirms the public part of the minutes of the Ordinary Council Annual Plan meeting held on 29 January 2019 as a correct record.

Motion carried (CNL/2019/020)

Minutes of Community Boards

15 7 Waikouaiti Coast Community Board - 14 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 14 November 2018.

Motion carried (CNL/2019/021)

16 8 Strath Taieri Community Board - 15 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Strath Taieri Community Board meeting held on 15 November 2018.

Motion carried (CNL/2019/022)

17 9 Otago Peninsula Community Board - 15 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Otago Peninsula Community Board meeting held on 15 November 2018.

Motion carried (CNL/2019/023)

18 10 Saddle Hill Community Board - 20 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Saddle Hill Community Board meeting held on 20 November 2018.

Motion carried (CNL/2019/024)

19 11 Mosgiel-Taieri Community Board - 21 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 21 November 2018.

Motion carried (CNL/2019/025)

20 12 West Harbour Community Board - 21 November 2018

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Council:

a) Notes the minutes of the West Harbour Community Board meeting held on 21 November 2018.

Motion carried (CNL/2019/026)

On behalf of the West Harbour Community Board, Cr Aaron Hawkins expressed thanks for the work undertaken to advance the SH88 shared pathway and advised that they were looking forward to the completion of the project.

Reports

21 Annual Plan 2019/20 update
	A report from Community and Planning provided an update on the development of the Annual Plan 2019/20 and a proposed approach to engage with the community on the draft budgets. An Annual Plan 2019/20 information document would be delivered to every Dunedin home.
	The General Manager City Services (Sandy Graham), Corporate Policy Manager (Maria Ioannou) and Policy Analyst (Tami Sargeant) spoke to the report. They responded to questions on youth and Māori engagement; the central city upgrade and methods for the inclusion of items that were not on the list, for example the Waikouaiti Landfill. There was a discussion on bus services and the possibility of seeking feedback on whether the community supports the principle of using Council parking and/or rates revenue to lower the cost of bus fares, and that this be included in the consultation document.
	Moved (Cr David Benson-Pope/Cr Kate Wilson): That the Council: a) Confirms the proposed approach for engaging with the community on the draft budgets and content of the Annual Plan 2019/20. b) Notes the draft Annual Plan 2019/20 Information Document. Motion carried (CNL/2019/027)
	Moved (Cr Aaron Hawkins/Cr David Benson-Pope): That the Council: c) Agrees with the inclusion of the question “Do you support the principle of using Council parking and / or rates revenue to lower the cost of bus fares in the city?” in the draft Annual Plan information document. Motion carried (CNL/2019/028) with Cr Vandervis recording his vote against

22 Otago Museum funding request outcomes discussion
	A report from Ara Toi and Finance provided an update on the outcome of the initial discussions between DCC staff and the Otago Museum in relation to the Museum’s request for additional funding. It was noted that an additional financial report would be submitted to Council prior to May 2019.
	The General Manager Community Services (Simon Pickford) and Group Manager Ara Toi (Nick Dixon) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Rachel Elder): That the Council: a) Notes that a further financial report on Museum funding will be delivered to Council in time for Annual Plan deliberations. b) Notes the steps to be followed if the DCC formally objected to a Levy increase in the Museum’s budget. Motion carried (CNL/2019/029)

23 Mosgiel Aquatic Facility - Project Update

A report from Parks and Recreation provided an update on the Mosgiel Aquatic Facility redevelopment project (the pool) and sought approval from Council to disband the Mosgiel Aquatic Facilities Advisory Panel (the Advisory Panel) and replace it with a Mosgiel Aquatic Project Team (the Project Team).

The General Manager City Services (Sandy Graham) and Group Manager Parks and Recreation (Robert West) spoke to the report and responded to questions.

Members expressed thanks and congratulations to Irene Mosley, staff and members of the Taieri Community Facilities Trust for their work undertaken to ensure the success of the project.

Moved (Cr Chris Staynes/Cr Doug Hall):

That the Council:

a) Notes that the fundraising target of $3.2 million had been met.

b) Notes that the Notice of Requirement for the designation of the Mosgiel Community and Recreation Area had been lodged.

c) Disbands the Mosgiel Aquatic Facilities Advisory Panel.

d) Establishes the Mosgiel Aquatic Project Team.

e) Constitutes the membership of the Mosgiel Aquatic Project Team as follows:

i) Taieri Community Facilities Trust Representative x 2

ii) Dunedin City Council Parks and Recreation Representatives x 3

iii) Mosgiel and Taieri Community Board x 1

iv) Advisory - Mosgiel Aquatic Facility Project Manager x 1

Motion carried (CNL/2019/030)

24 Speed Limits Bylaw 2004 - Amendment 9

A report from Transport appended the findings of the Speed Limits Bylaw Committee on proposed changes to speed limits as per Speed Limits Bylaw 2004 Amendment 9.

The Group Manager Transport (Richard Saunders) and Lisa Clifford spoke to the report and responded to questions on demarcation and signage to indicate the new speed limits around schools.

Moved (Cr Mike Lord/Cr Doug Hall):

That the Council:

a) Notes the recommendations of the Speed Limits Bylaw Committee on proposed changes to speed limits.

b) Adopts the changes to speed limits as noted in Amendment 9 to the Speed Limits Bylaw 2004.

c) Agrees that the Speed Limits Bylaw 2004 – Amendment 9 take effect from March 2019.

d) Notes that staff would review the use and sped limits of Queens Drive as recommended by the Speed Limit Bylaw Committee.

Motion carried (CNL/2019/031)

25 Community Board Remuneration
	A report from Civic advised that the Local Government Act 2002 (LGA) gave the Remuneration Authority (the Authority) the responsibility for setting remuneration for local government elected members, including Community Board members. In December 2018, the Authority sought feedback on how Community Board members should be remunerated. The report provided the feedback received from Community Boards, and sought feedback from Council, which would then be forwarded to the Authority for its consideration. The General Manager City Services (Sandy Graham) and Team Leader Civic (Sharon Bodeker) spoke to the report and responded to questions on feedback received from Community Boards. The increased role and value of Community Boards was acknowledged noting some of the extensive community projects they had been involved in which were of benefit to the wider community. Following discussion it was agreed that the Remuneration Authority should continue to perform the function as per Schedule 7 of the Local Government Act 2002 and that it was not appropriate for Councillors to set Community Board members remuneration levels.
	Moved (Cr Christine Garey/Cr Chris Staynes): That the Council: a) Notes the Community Board feedback that would be provided to the Remuneration Authority. b) Agrees that: (i) any pool from which Community Boards are paid was independent of the governance pool that remunerates Councillors. (ii) the Remuneration Authority continued to determine the remuneration of Community Board members and chairs, rather than making it a decision of Council, thus maintaining independence. c) Agrees that the amount of the governance pool that remunerates Councillors should not be impacted by the existence or otherwise of Community Boards. d) Agrees that Community Board remuneration should reflect many relevant factors in addition to population, as determined by the Remuneration Authority. Remuneration should reflect the number of residents represented by the whole board rather than by each individual member. e) Notes that the Council feedback would be forwarded to the Remuneration Authority for its consideration. Motion carried (CNL/2019/032)
	Moved (Cr Aaron Hawkins/Cr Christine Garey): That the Council: a) a) Notes Schedule 7 of the Local Government Act 2002 and its reference to the role of the Remuneration Authority to set the remuneration levels of all elected members, and urges them to perform this function rather than delegating it to territorial authorities. Motion carried (CNL/2019/033)

26 18 Notice of Motion - Weigh Bridge

Councillor Hall withdrew from this item.

In accordance with Standing Order 26.1, a Notice of Motion was received from Cr Kate Wilson and Cr Jim O’Malley for inclusion on the agenda for the meeting being held on Tuesday, 19 February 2019.

Moved (Cr Kate Wilson/Cr Jim O'Malley):

That the Council:

a) Requests that staff provide a report on the cost and implications of a second weigh bridge being installed at the Green Island Landfill for Annual Plan deliberations.

Motion carried (CNL/2019/034) with Cr Vandervis recording his vote against.

Resolution to exclude the public

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Ordinary Council meeting - 29 January 2019 - Public Excluded	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(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). S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	.
C2 Appointment to Dunedin Indoor Sports Venue 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.
C3 South Dunedin Library & Community Complex Update on Purchase	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(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.
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.

Motion carried (CNL/2019/035)

The meeting moved into confidential at 2.33 pm and concluded at 2.50 pm.

..............................................

MAYOR

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 26 February 2019, commencing at 1.02 pm

PRESENT

Mayor	Mayor Dave Cull
Deputy Mayor	Cr Chris Staynes
Members	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 Kate Wilson

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), Dave Tombs (General Manager Finance and Commercial), John Christie (Director Enterprise Dunedin) Graham McKerracher (Manager, Council Communications and Marketing), and Sharon Bodeker (Team Leader Civic), Keith Cooper (Director, Dunedin City Holdings Ltd) and Jemma Adams (General Manager, Dunedin City Holdings Ltd)

Governance Support Officer Lynne Adamson

1 Opening Prayer

Father Mark Chamberlain opened the meeting with a prayer.

1 Public Forum

There was no Public Forum.

1A COUNCILmark EXCELLENCE ASSESSMENT PROGRAMME

The Mayor announced that the results of the CouncilMARK Assessment programme which provided an independent assessment of Council performance had been received. The Dunedin City Council had received an “A” ranking across governance, financial, service delivery and communication methods. He noted that, of the Councils assessed, three others had received an A rating and two a AA rating with no Council receiving a AAA rating.

The Mayor praised the efforts of the Chief Executive Officer and staff for the enormous effort required to achieve the A rating.

Councillors acknowledged the results with acclamation.

2 Apologies

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Accepts the apologies from Cr David Benson-Pope and Cr Andrew Whiley.

Motion carried (CNL/2019/036)

3 Confirmation of agenda

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Confirms the agenda with the following alterations:

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

- That the tabled pages 44 and 45 of the public agenda, confirming the item numbers of the confidential agenda be accepted.

Motion carried (CNL/2019/037)

4 Declarations of interest

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

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a) Notes the Elected Members' Interest Register and

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

Motion carried (CNL/2019/038)

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a) Notes the Executive Leadership Team's Interest Register.

.Motion carried (CNL/2019/039)

Reports

6 Delegation re Development Contribution Hearing
	A report from Civic noted that a request to remit a development contribution of $66,0999 had been received, and that the applicant had asked for a hearing to consider the request. It was noted that as the contribution was greater than $50,000, the request must be considered by a hearing of the full Council. The report noted that Council now needed to delegate the authority to a panel to consider and determine the outcome of the application.
	The Team Leader Civic (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Cr Aaron Hawkins/Cr Doug Hall): 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 the Chair of the Hearings Committee, the authority to appoint the panel. Motion carried (CNL/2019/040)

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

A report from Dunedin City Holdings Ltd presented the draft 2019/2020 Statements of Intent of Dunedin City Holdings Group companies for Council comments and/or noting.

The Director, Dunedin City Holdings Ltd (Keith Cooper) and General Manager, Dunedin City Holdings Ltd (Jemma Adams) responded to questions on debt levels, investment plans and the current reinvestment programme for Aurora.

It was noted that Councillors would provide feedback which would then be workshopped with a report on the results and changes to be presented to Council for approval prior to the adoption of the Statements of Intent.

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

a) Receives 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.

Motion carried (CNL/2019/041)

8 Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Ltd
	A report from Finance recommended 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. The report noted that the existing Procedure for Appointment of Directors of Council-owned companies was approved in 2000. Accordingly, a new Procedure had been developed in conjunction with both the General Manager, Dunedin City Holdings Ltd and external legal commentary.
	The Chief Executive Officer (Sue Bidrose) and General Manager Financial and Commercial (Dave Tombs) spoke to the report and responded to questions on the terms of Directorship and the opportunity to lengthen a term past the standard maximum three term appointment. Ms Bidrose advised that it could be addressed, if necessary under section 3.1.1 – Exceptions whereby if Council considered that adherence to the procedure was not appropriate and by resolution with two thirds majority support, it could be changed as set out in the Larsen Report.
	Moved (Cr Chris Staynes/Cr Kate Wilson): That the Council: a) Approves the new Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited. Motion carried (CNL/2019/042)

Resolution to exclude the public

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 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 Remuneration - 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 because the information contained in this report remains confidential until Council has determined the level of fees and advised Dunedin City Holdings Limited 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 Jemma Adams (General Manager – Dunedin City Holdings Limited) be permitted to attend the meeting to speak to Items C1, C2 and C3 and Keith Cooper (Dunedin City Holdings Limited) be permitted to attend to speak to Item C3 to provide assistance in relation to the matters to be discussed.

Motion carried (CNL/2019/043)

The meeting moved into confidential at 1.42 pm and concluded at 2.46 pm.

..............................................

MAYOR

Council

26 March 2019

Reports

United Nations Sustainable Development Goals

Department: Corporate Policy

EXECUTIVE SUMMARY

1 Otago Polytechnic is in the process of seeking to establish a Regional Centre of Excellence around the United Nations Sustainable Development Goals. Being accredited as a Regional Centre of Excellence is a title awarded by the United Nations University.

2 The purpose of this report is to recommend that the Council both become a signatory to the United Nations Sustainable Development Goals, and formally agree to support the Otago Polytechnic application to the United Nations to become a Regional Centre of Excellence.

RECOMMENDATIONS

That the Council:

a) Agrees to become a signatory to the United Nations Sustainable Development Goals.

b) Provides a letter of support to the Otago Polytechnic in its application to become a United Nations Regional Centre of Excellence.

c) Agrees to become a member of the Otago Polytechnic hosted Regional Centre of Excellence if the application to the United Nations is successful.

BACKGROUND

3 A Regional Centre of Excellence (RCE) is a network of existing formal, non-formal and informal organisations that facilitate learning and action towards sustainable development in local and regional communities. There are a number of agencies and organisations in Otago with strategic aims and intents that are well aligned with the United Nations (UN) Sustainable Development Goals (SDGs), including Dunedin City Council (the Council).

4 The 2030 Agenda for Sustainable Development, and its 17 SDGs, were adopted by UN Member States including New Zealand in 2015 and came into force on 1 January 2016. The goals “call for action by countries, poor, rich and middle-income to promote prosperity while protecting the planet. They recognise that ending poverty must go hand in hand with strategies that build economic growth and address a range of social needs including education, health, social protection, and job opportunities, while tackling climate change and environmental protection”.

5 The 17 SDGs are detailed in Attachment A. They align well with the Council’s strategic direction. The Otago Polytechnic has recognised this alignment and has asked Council to provide a letter of support for its application to the UN, and to also agree to join its RCE if its application is successful. This would mean working with other local organisations that join to identify areas of alignment and common ground so that progress can be made towards those of the 17 goals that are collectively identify as being best aligned to our region.

6 The proposed RCE targets five SDGs. These are Quality Education (SDG 4); Clean Water and Sanitation (SDG 6); Decent Work and Economic Growth (SDG 8); Climate Action (SDG 13); and Partnerships for the Goals (SDG 17). Otago Polytechnic remains open to adding other goals to its application as partners agree support. An obvious option would be to include goal 11 (Sustainable Cities and Communities), if the city decides to join the RCE.

7 The Council already works collaboratively with many of our local agencies and organisations, and it is anticipated that committing to the RCE will build on partnerships and ways of working together that are already established.

Other Dunedin organisations committed to SDGs

8 The University of Otago is a signatory to the ‘SDG Accord’, which is a separate commitment to the RCE administered by the Environmental Association for Universities and Colleges. The Accord commits to advance the critical role that education has in delivering the SDGs, and enables learning institutions like the Otago University to share and collaborate on findings each year.

DISCUSSION

9 The 17 SDGs themselves are not legally binding. The New Zealand Government is a signatory to the SDGs and notes that reporting on implementation is expected only voluntarily.

10 However, if the DCC were to be a member of the Otago RCE, there are a number of implications to consider including:

· the alignment of current and future work with the identified SDGs;

· responsibilities and existing commitments of the DCC’s nominated RCE member;

· the intensity of RCE working group reporting requirements; and

· clarifying DCC responsibilities within the proposed Otago RCE Action Plan, which is a collective and agreed process between all RCE partners and signed off by the UNU.

11 It does not appear possible for Council to be a formal signatory to the SDGs outside of the Otago Polytechnic’s RCE application. Therefore, becoming a signatory to the SDGs and supporting the Otago Polytech’s RCE application are part of the same commitment.

OPTIONS

Option One – (Recommended Option) Council supports becoming a signatory to the United Nations Sustainable Development Goals, and formally supports the Otago Polytechnic application to become a Regional Centre of Excellence.

12 This option also implies that the DCC become a member of the Otago Polytechnic hosted RCE if its application to the UN is successful.

13 The draft letter of support (Attachment B) identifies DCC’s commitment to future working groups related to SDG 8 (sustainable growth) and SDG 13 (climate change) but acknowledges that other DCC activities contribute to a range of SDGs.

Advantages

· Aligns with existing Council strategies, activities and plans.

· Fosters collaboration and building on existing and well-established partnerships.

· Raises the profile of the Council as taking action as part of a well-known and widely agreed international commitment.

Disadvantages

· Requires additional external reporting requirements.

· May cause potential confusion with other international agreements made by Council such as the International Covenant of Mayors.

· Unknown cost to meet workload, participation and reporting requirements, but this is voluntary and for a Council decision at a later time.

Option Two – Council does not support becoming a signatory to the United Nations Sustainable Development Goals and does not support the Otago Polytech application to become a Regional Centre of Excellence.

14 Becoming a signatory to the UN SDGs and supporting the Otago Polytechnic’s application are the same commitment.

Advantages

· Avoids confusion with other international agreements made by Council such as the International Covenant of Mayors.

· Avoids potential additional resourcing issues with external reporting requirements.

Disadvantages

· Missed opportunity to apply existing activities, and partner with the Otago Polytechnic and other organisations on regional issues relevant to the SDGs.

NEXT STEPS

15 If the recommended option is approved, the attached letter of support will be sent to the Otago Polytechnic.

16 If option two is approved, the Otago Polytechnic will be notified of Council’s decision.

Signatories

Author:	Sean Jacobs - Senior Policy Analyst
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Sustainable Development Goals info booklet	50
⇩b	DCC Partnership Letter of Support - Draft	74
⇩c	Letter to Mayor Dave Cull from Otago Polytechnic	75

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision/report/proposal 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 SDGs align well with the Council’s strategic framework.

The proposed RCE targets five SDGs. These are Quality Education (SDG 4); Clean Water and Sanitation (SDG 6); Decent Work and Economic Growth (SDG 8); Climate Action (SDG 13); and Partnerships for the Goals (SDG 17).

Of these five SDGs, DCC has strong alignment with SDG 8 (sustainable growth) through the Economic Development Strategy, and SDG 13 (climate change) through the Environment Strategy and other DCC projects that focus on carbon assessment and mitigation.

Māori Impact Statement

There are no known implications for tangata whenua

Sustainability

There are no sustainability impacts. However, support for the SDGs and the RCE will highlight Council’s commitment to environmental, social and economic sustainability principles.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no specific implications for the Long-Term/Annual Plan or Financial or Infrastructure Strategies. However, relevant activities undertaken as part of these Strategies may be used to show DCC’s commitment or alignment with relevant SDGs.

Financial considerations

There may be a financial impact in terms of full-time equivalent if the workload related to the RCE working groups requires significant reporting and engagement duties.

Significance

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

Engagement – external

No external engagement but the recommendation is in response to a formal request from the Otago Polytechnic.

Engagement - internal

Internal engagement has included with the CEO and Policy team.

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.

Council

26 March 2019

Submission on Review of the Copyright Act 1994: Issues Paper

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a Dunedin City Council (DCC) submission to the Ministry of Business, Innovation and Employment (MBIE) on the Review of the Copyright Act 1994: Issues Paper (the issues paper). A draft DCC submission is attached to this report as Attachment A. The issues paper is attached to this report as Attachment B.

2 The closing date for submissions on the issues paper is 5 April 2019.

3 The issues paper outlines the Government’s proposals to review the Copyright Act 1994. MBIE has asked for submissions on the issues paper to outline how the current copyright regime operates in practice and identify key issues and opportunities for change.

4 The draft DCC submission outlines aspects of how the current copyright regime affects DCC activities in the Galleries, Libraries, Archives and Museum (GLAM) sector. It identifies key issues the review could address to ensure a new copyright regime supports GLAM sector institutions to make their collections more widely available for research and public use and enjoyment.

RECOMMENDATIONS

That the Council:

a) Approves the Dunedin City Council submission to the Ministry of Business, Innovation and Employment on the Review of the Copyright Act 1994: Issues Paper at Attachment A.

b) Notes the DCC will have further opportunities to provide feedback on the review of the Copyright Act 1994.

BACKGROUND

5 The Copyright Act 1994 provides a set of intellectual property rights called ‘copyright’ to authors and producers of creative works. An objective of the copyright regime is to encourage the creation and dissemination of creative works.

6 There have been significant technological developments since the Copyright Act 1994 was last reviewed in 2004. New technologies impact the way people create, distribute and consume creative content.

7 MBIE is undertaking a major review of the Copyright Act 1994 to ensure New Zealand copyright law keeps pace with the rapidly changing digital world. The review will provide additional opportunities for public feedback after analysis of submissions on the issues paper. MBIE will hold a second public consultation on an options paper later in 2019. Feedback on the options paper will inform the Minister of Commerce and Consumer Affairs’ recommendations to Cabinet on changes required to the copyright regime. Ultimately, any changes to the copyright regime will require new legislation. There will be an opportunity for submissions on any proposed new copyright legislation when it reaches a Parliamentary select committee.

8 As part of consultation on the issues paper, MBIE hosted public workshops in Auckland, Wellington and Christchurch to encourage and facilitate conversations about the copyright regime and the issues explored in the issues paper. DCC staff attended the Christchurch workshop on 12 February 2019.

9 On 27 February 2019, DCC staff attended a workshop on copyright issues in the GLAM sector. The workshop was run by National Services Te Paerangi, a Te Papa service, in Dunedin.

DISCUSSION

10 The DCC is active in the GLAM sector. The DCC provides public access to information and cultural heritage collections through institutions such as the Dunedin Public Art Gallery, Dunedin Public Libraries, Toitū Otago Settlers Museum and Lan Yuan The Dunedin Chinese Garden, DCC Archives and Olveston Historic Home. The DCC is also the primary funder of the Otago Museum.

11 The DCC’s activities in the GLAM sector and the wider arts and culture area are guided by the city’s strategic framework, including the Social Wellbeing Strategy and Ara Toi Ōtepoti – Dunedin’s Arts and Culture Strategy. Access and inclusion, including open access, is one of the strategic themes of Ara Toi Ōtepoti.

12 The DCC currently holds Certificate of Trade Mark Registration certificates for the Dunedin Public Art Gallery, Toitū Otago Settlers Museum and Lan Yuan The Dunedin Chinese Garden. The registrations cover:

a) the organisation and provision of museum facilities, presentations, displays, exhibitions;

b) organisation and provision of educational and entertainment services and events including presentations, exhibitions, lectures, seminars, conferences, symposiums, workshops, shows, audio-visual, film and video presentations, multi-media presentations, theme attractions and competitions;

c) organisation and presentation of live performances;

d) practical training and demonstration;

e) educational displays;

f) cultural activities;

g) publication of books and texts including publication of texts on-line; and

h) provision of information services relating to the foregoing; provision of information services over a computer network including the internet relating to the foregoing.

13 Public expectations that GLAM sector institutions share their collections online have increased dramatically in recent years. With a view to supporting a review to address aspects of the current copyright regime that hinder the ability of GLAM sector institutions to make collections widely available for public use, the draft submission outlines aspects of how the current copyright regime operates in DCC GLAM sector activities, and identifies key issues and opportunities for change.

14 Comments in the DCC submission are organised according to three of the broad topic areas set out in the issues paper:

a) transactions (including comments on orphan and multi-creator works, and enabling re-use of creative works);

b) exceptions and limitations (including comments on exceptions that facilitate particular desirable uses, exceptions for education, and exceptions for libraries and archives); and

c) the relationship between the review of the Copyright Act and work to respond to the recommendations in the Waitangi Tribunal’s Ko Aotearoa Tēnei: A Report into Claims Concerning New Zealand Law and Policy Affecting Māori Culture and Identity (Wai 262).

OPTIONS

Option One (Recommended Option) – Submit on the Review of the Copyright Act 1994: Issues Paper

15 Approve the draft submission on the issues paper, with any suggested amendments, to the Ministry for Business, Innovation and Employment.

Advantages

· Opportunity to highlight issues that could benefit from full attention as the review of the Copyright Act 1994 progresses.

· Supports a review of the Copyright Act 1994 that is attuned to GLAM sector-specific issues under the current copyright regime.

· Supports self-review of the current approach to copyright in DCC GLAM sector activities.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not submit on the Review of the Copyright Act 1994: Issues Paper

16 Do not approve the submission on the issues paper.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to highlight issues that could benefit from full attention as the review of the Copyright Act 1994 progresses.

· Missed opportunity to support a review of the Copyright Act 1994 that is attuned to GLAM sector-specific issues under the current copyright regime.

· Missed opportunity to support self-review of the current approach to copyright in DCC GLAM sector activities.

NEXT STEPS

17 If the Council approves the submission it will be sent to MBIE for consideration by 5 April 2019.

18 Staff will update Councillors on the review of the Copyright Act as it progresses, including further opportunities for the DCC to provide feedback to the Government on the review.

Signatories

Author:

Scott Campbell - Policy Advisor

Authoriser:

Maria Ioannou - Corporate Policy Manager

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	DCC Submission on Review of the Copyright Act 1994: Issues Paper	83
⇨b	Review of the Copyright Act 1994: Issues Paper (Under Separate Cover)

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.

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 submission has been developed in line with the goals and objectives of the strategic framework above, with particular reference to the access and inclusion strategic theme of Ara Toi Ōtepoti – Dunedin’s Arts and Culture Strategy.

Māori Impact Statement

The DCC submission makes comments and a recommendation about the relationship between the Government’s response to the recommendations in the Waitangi Tribunal’s Wai 262 report and the review of the Copyright Act 1994.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known impacts for current levels of service and/or performance measures resulting from a decision to approve the draft DCC submission.

Financial considerations

There are no known financial implications resulting from a decision to approve the draft DCC submission.

Significance

This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

DCC staff attended a Copyright Act review workshop run by the Ministry of Business, Innovation and Employment in Christchurch on 12 February 2019. On 27 February 2019, DCC staff attended a workshop on copyright issues in the GLAM sector, which was run by National Services Te Paerangi (Te Papa) in Dunedin.

Engagement - internal

Staff from Business Information Services, Ara Toi, Legal and Corporate Policy contributed to the development of this submission.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The DCC submission may be of interest to Community Boards.

Council

26 March 2019

DCC submission: proposed reform of vocational education

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a Dunedin City Council (DCC) submission to the Tertiary Education Commission (TEC) and Ministry of Education (MoE) on the proposed reform of vocational education (Attachment A).

2 Otago Polytechnic is a significant contributor to Dunedin and one of the DCC’s major strategic partners. The draft DCC submission outlines the DCC’s support for the alternative structural model proposed by Otago Polytechnic.

RECOMMENDATIONS

That the Council:

a) Approves a DCC submission to the Tertiary Education Commission and Ministry of Education on the proposed reform of vocational education.

BACKGROUND

3 In February 2019 the Ministry of Education published ‘Reform of Vocational Education: Consultation discussion document’ (Attachment B). The discussion document outlined broad proposals for reform of New Zealand’s vocational education sector, including:

a) Merging all polytechnics and institutes of technology into a centralised New Zealand Institute of Skills and Technology;

b) New roles for providers and industry bodies; and

c) A unified funding system.

4 The deadline for submissions on the proposed reform of vocational education is 5 April 2019.

5 Otago Polytechnic supports aspects of the proposed reforms but has proposed an alternative structural model for the Minister of Education’s consideration.¹ The proposed alternative model is more akin to a ‘parent – subsidiary’ model rather than the ‘head office – branch’ model proposed by the Government. It comprises a central office (System Head Office) and a number of regional providers (System Regional Centres), each with decision rights over specific matters. The proposed alternative model is designed to ensure effective leadership by the ‘branches’. Otago Polytechnic considers it will be better able to serve the Otago region if its proposed alternative model is adopted by the Government.

6 On 5 March 2019 the Minister of Education addressed a public meeting at Otago Polytechnic on the proposed reforms. The Mayor, Councillors and DCC staff were in attendance.

7 On 7 March 2019 a working group convened to formulate a Dunedin response to the proposed reform met for the first time. The working group includes the Mayor, Deputy Mayor, DCC staff, the Chief Executive of Otago Polytechnic, and Grow Dunedin Partners including as the Otago Chamber of Commerce and University of Otago.

DISCUSSION

8 As a reflection of discussion at the 7 March working group meeting, the draft DCC submission attached supports the Otago Polytechnic’s proposed alternative structural model.

9 The content of the draft DCC submission is framed around four topic areas:

a) meeting complex challenges;

b) partnerships that deliver;

c) championing strong regions; and

d) driving innovation.

OPTIONS

Option One (Recommended Option) – Submit on the proposed reform of vocational education

10 Approve the draft submission on the proposed reform of vocational education, along with any suggested amendments, to TEC and MoE.

Advantages

· Opportunity to support the alternative proposal put forward by Otago Polytechnic, one of the DCC’s major strategic partners.

· Opportunity to promote an approach to reform of vocational education tailored to ensure successful vocational education institutions such as Otago Polytechnic are enabled to maintain the positive contribution they make to their regions.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not submit on the proposed reform of vocational education

11 Do not approve the draft submission.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to support the alternative proposal put forward by Otago Polytechnic, one of the DCC’s major strategic partners.

· Missed opportunity to promote an approach to reform of vocational education tailored to ensure successful vocational education institutions such as Otago Polytechnic are enabled to maintain the positive contribution they make to their regions.

NEXT STEPS

12 If the Council approves the draft submission it will be sent to TEC and MoE for their consideration.

NOTES

¹ Full URL for Otago Polytechnic’s proposed alternative model: https://www.op.ac.nz/about-us/governance-and-management/vocational-education-reform/proposed-alternative-model/

Signatories

Author:

Hoani Yates - Policy Advisor

Scott Campbell - Policy Advisor

Authoriser:

John Christie - Director Enterprise Dunedin

Attachments

	Title	Page
⇩a	Draft DCC submission on the proposed reform of vocational education	93
⇨b	Reform of Vocational Education: Consultation discussion document (Under Separate Cover)

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.

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 submission has been developed in line with the goals and objectives of the strategic framework above, with particular reference to the five strategic themes of Dunedin’s Economic Development Strategy.

Māori Impact Statement

There are no known specific impacts for tangata whenua resulting from a decision to approve the draft DCC submission.

Sustainability

There are no known specific impacts for sustainability resulting from a decision to approve the draft DCC submission.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known impacts for current levels of service and/or performance measures resulting from a decision to approve the draft DCC submission.

Financial considerations

There are no known financial implications resulting from a decision to approve the draft DCC submission.

Significance

This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

The draft submission incorporates ideas from the meeting of a working group convened to formulate a Dunedin response to the proposed reform. The working group includes the Mayor, Deputy Mayor, DCC staff, the Chief Executive of Otago Polytechnic, and Grow Dunedin Partners including as the Otago Chamber of Commerce and University of Otago.

Engagement - internal

Staff from Corporate Policy and Enterprise Dunedin developed the 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

The proposed reform of vocational education and a DCC submission on the proposed reform may be of interest to Community Boards.

Council

26 March 2019

Otago Boat Harbour Recreation Reserve - Approval to Grant an Electricity Easement - Aurora Energy Limited

Department: Parks and Recreation and Legal

EXECUTIVE SUMMARY

1 This report discusses an application by Aurora Energy Limited for the grant of an electricity easement over part of the Otago Boat Harbour Recreation Reserve.

2 The easement is to allow the removal of the existing power poles and overhead lines along part of the West Harbour pedestrian and cycling pathway, and their replacement with underground cabling.

3 This report asks Council to make two decisions:

a) Firstly, a decision as the administering body of the Otago Boat Harbour Recreation Reserve; and

b) Secondly, a decision to exercise the Minister of Conservation's delegation.

RECOMMENDATIONS

That the Council:

a) Grants, as administering body of the Otago Boat Harbour Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over part of the West Harbour pedestrian and cycling pathway within the Otago Boat Harbour Recreation Reserve (Record of Title OT95148).

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

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the West Harbour pedestrian and cycling pathway within the Otago Boat Harbour Recreation Reserve (Record of Title OT95148).

BACKGROUND

4 The Otago Boat Harbour Recreation Reserve ("Boat Harbour Reserve") is vested in Council as a recreation reserve under the Reserves Act 1977.

5 Part of the West Harbour pedestrian and cycling pathway is located within the Boat Harbour Reserve.

6 Aurora is seeking an electricity easement for the line of a proposed underground cable which would pass through a section of the West Harbour pedestrian and cycling pathway from the end of Magnet Street.

7 The cable would use an existing duct and, by undergrounding the cable, the first five (5) poles located on the Boat Harbour Reserve would be replaced (out of seventeen power poles in total along the West Harbour water front that are intended for replacement shortly).

8 An aerial photo showing the proposed work is attached as Attachment A.

DISCUSSION

Land Status

9 Otago Boat Harbour Recreation Reserve is a recreation reserve subject to the Reserves Act 1977, with ownership and control vested in Council. The Boat Harbour Reserve is contained within Record of Title OT95148.

Council as the owner and as the administering body

10 The Council, in its capacity as administering body of the Otago Boat Harbour Recreation 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.

11 Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements over reserves. Section 48(1) specifically allows for electricity easements on reserves.

The Reserves Act 1977

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

(a) The Boat Harbour 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 Boat Harbour Reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

13 Here, the Boat Harbour Reserve is not likely to be materially altered or permanently damaged and the rights of the public in respect of the Boat Harbour Reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement. As set out above, the existing poles and wires are to be replaced by underground cables, which should improve the reserves rather than damage it.

Reserves Management Plan

14 The Reserves Management Plan – General Policies document ("General Policies") covers all basic issues of the day-to-day administration of reserves in Dunedin.

15 Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity as its primary purpose is public benefit.

Otago Boat Harbour Recreation Reserve Management Plan (April 2005)

16 The Otago Boat Harbour Recreation Reserve Management Plan ("Boat Harbour Plan") does not directly refer to utilities. However, at Section 5.3 of the Boat Harbour Plan, it mentions the need to enhance the aesthetics of the Boat Harbour Reserve through landscaping to encourage greater public use.

17 The creation of the West Harbour pedestrian and cycling pathway and associated landscaping works reflect the intent of the Boat Harbour Plan. During construction of the West Harbour pedestrian and cycling pathway, ducting was installed in anticipation of eventually removing overhead powerlines. This proposal to underground these cables, removing the power poles, and the associated requirement for an electricity easement are a continuation of the improvement of the aesthetics of the Boat Harbour Reserve.

Merits of the proposed easement

18 The proposal will enhance the use of the Boat Harbour Reserve. The underground option negates any risks associated with poles and assists in beautification and ease of management for maintenance and access over this part of the Boat Harbour Reserve.

Standard Easement terms and conditions

19 The proposed key elements of this easement include:

Statute Section 48 of the Reserves Act 1977

Grantee Aurora Energy Limited

Reserve Otago Boat Harbour Recreation Reserve

Purpose The right to install an electricity transformer and associated equipment/right to install underground cables and ancillary equipment

Term In perpetuity

Rental Nil

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

Council as the Minister of Conservation's delegate

21 The Minister of Conservation, under a delegation dated 12 June 2013, has delegated to the Council the authority to approve easements over reserves where the activity is either contemplated in an approved management plan or the activity is an existing use and the effects of the use will be the same or similar in character, intensity and scale. Here, the activity is an existing use and the effects will be the same of similar in character, intensity and scale.

22 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 easement over part of the Boat Harbour Reserve has been arrived at in compliance with the requirements of the Reserves Act 1977.

23 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 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.

24 The Otago Boat Harbour Recreation Reserve is classified as a recreation reserve under the Reserves Act 1977. This is recorded on the Record of Title OT95148 for the Boat Harbour Reserve. Section 48 of the Reserves Act 1977 provides the statutory authority to grant an easement over this Reserve. The statutory processes have been followed with full consideration given to whether public notification is required.

25 The functions and purposes of the recreation classification of the Boat Harbour Reserve will be enhanced by legalising the proposed electricity easement. The removal of power poles and underground installation of cables will improve the values of the Boat Harbour Reserve for users. The decision is a reasonable one considering the facts outlined in this report.

OPTIONS

Option One – Recommended Option

26 That the Council:

a) Grants, as administering body of the Otago Boat Harbour Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over part of the West Harbour pedestrian and cycling pathway within the Otago Boat Harbour Recreation Reserve (Record of Title OT95148).

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

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over that part of the West Harbour pedestrian and cycling pathway within the Otago Boat Harbour Recreation Reserve (Record of Title OT95148).

Advantages

· The removal of five (5) existing power poles and overhead lines from beside the public walk/cycleway will ensure public safety and enhance the values of the Boat Harbour Reserve.

· New cabling along the public walk/cycleway will be underground, minimising future disruption to public use of the Boat Harbour Reserve.

· Updates infrastructure that will need replacing in the foreseeable future.

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

Disadvantages

· The removal of power poles and power lines and the installation of under cabling along the section of Boat Harbour Reserve walk/cycleway will cause some short duration disruption to users. However, Aurora will be required to keep the disruption to a minimum.

Option Two – Status Quo

27 Do not consent to the grant of an electricity easement over part of the Boat Harbour Reserve in favour of Aurora Energy Limited.

Advantages

· Avoids the temporary disruption while power poles and lines are removed and underground cabling work undertaken.

Disadvantages

· The old compromised power poles along the Boat Harbour Reserve walk/cycleway will remain, presenting a public safety concern.

· There is no improvement to the aesthetics of the Boat Harbour Reserve.

NEXT STEPS

28 If the Council consents to the grant of an electricity easement and is satisfied the legislative requirements are met, an Agreement to Grant Electricity Easement can be executed and work can proceed.

Signatories

Author:

Owen Graham - Leasing and Land Advisor

Karilyn Canton - Senior In-House Legal Counsel

Authoriser:

Robert West - Group Manager Parks and Recreation

Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇩a	Otago Boat Harbour Rec Reserve photo of easement	103

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing essential utility 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 proposed electricity easement will result in improved pedestrian outlooks from the Boat Harbour Reserve which overall contributes to both the Social Wellbeing and Parks and Recreation Strategy.

Māori Impact Statement

There are no known impacts for Tangata Whenua.

Sustainability

The proposed electricity easement will provide for new and improved infrastructure that will be sustainable for the future.

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 Infrastructure Strategy.

Financial considerations

There are no financial implications.

Significance

This decision is of low significance in terms of the Council's Significance and Engagement Policy. It is noted that the Otago Boat Harbour Recreation Reserve is a significant strategic asset providing access to Otago Harbour.

Engagement – external

The replacement of existing electrical infrastructure will only affect a small part of the Otago Boat Harbour Recreation Reserve and will not overly affect the ability of users to enjoy the areas.

Engagement - internal

Parks and Recreation, Transport and Legal staff have been consulted on the proposal.

Risks: Legal / Health and Safety etc.

There are no material risks associated with the decision. The detailed terms and conditions of the Agreement to Grant and Easement documents will be checked by the Council's solicitors. Any health and safety issues with regards to the proposed work will be dealt with by Aurora Energy Limited.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Chair of the West Harbour Community Board has been advised of this proposal. He is supportive of the proposal and will provide a verbal report to the West Harbour Community Board at its meeting on 20 March 2019.

Council

26 March 2019

Electric Vehicle Fast Charger

Department: Enterprise Dunedin

EXECUTIVE SUMMARY

1 The purpose of this report is to consider granting a Licence to Occupy over Council-owned land to ChargeNet NZ Limited (ChargeNet) for an electric vehicle (EV) fast charging station in Dunedin.

2 This report seeks approval from Council to proceed with an agreement to grant ChargeNet a licence for the installation of an EV fast charging station near the intersection of Water and Vogel Streets. This will also require dedicating two adjacent car parks for EV charging.

3 Facilitation of additional EV fast charging infrastructure will contribute to Council’s objectives related to electric vehicle uptake and reducing greenhouse gas emissions.

RECOMMENDATIONS

That the Council:

a) Approves granting a license to occupy for ChargeNet NZ Limited to install, operate and maintain an electric vehicle fast charging station on Council-owned land.

BACKGROUND

4 In December 2015, DCC issued a “License to Use Car Parks and Install and Operate Fast Charging Station” to Delta Utility Services Limited (later Aurora Energy Limited), which resulted in the installation of the South Island’s first EV fast charger at the DCC’s Filleul St carpark. There was no council decision/resolution on this matter.

5 Use of the Filleul Street fast charger has been available to the public free of charge as part of an initiative by DCC and Delta/Aurora to encourage EV uptake. However, this unit has suffered from reliability issues and access to the charging station can be difficult.

6 Aurora Energy has indicated a preference for working with commercial providers such as ChargeNet to further develop EV charging infrastructure on its network, rather than operating its own fast charging stations.

DISCUSSION

7 Current production electric vehicles (EVs) are generally capable of being “slow charged” via a standard domestic wall socket, but can also be “fast charged” using a specialised fast charging station. Fast charging stations are relatively expensive and require a three phase 80 Amp supply and are therefore unlikely to be used in a domestic application. Depending on the size of the vehicle’s batteries a fast charge can take 20-40 minutes.

8 ChargeNet is developing a nationwide network EV fast charging stations, and is offering to cover the cost of supply and installation of these stations. ChargeNet operates the stations remotely and handles billing for the service. A smart phone application directs the client to the station location and advises when it is available. ChargeNet services are being delivered in conjunction with BMW and the NZ Government. There are currently 98 ChargeNet fast charging stations nationally. ChargeNet’s introductory publication is Attachment A to this report.

9 ChargeNet has two fast chargers in the Dunedin area: one on the University of Otago campus and one at New World Mosgiel. ChargeNet, in partnership with Foodstuffs, has also received funding from the Energy Efficiency and Conservation Authority towards installation of a fast charger at Pak n’ Save South Dunedin. That installation is expected to occur later this year.

10 The only other public fast charger in Dunedin is located at the DCC Filleul St carpark and operated by Aurora Energy.

11 Aurora Energy and ChargeNet, in consultation with DCC staff, identified the Crawford/Water/Vogel Street area as a desirable location for Dunedin’s next fast charger. This is based on the location of existing and planned fast chargers, proximity of suitable electricity supply, good access to SH1 and other major routes, upcoming development projects in central Dunedin (e.g., new hospital), and availability of nearby amenities such as cafes.

12 Any license to occupy granted to an operator of EV charging infrastructure should include appropriate conditions to delineate responsibilities and mitigate any potential risks to Council, including:

a) The structure must not compromise roading or services maintenance activities.

b) Ongoing maintenance of the structure is to be the responsibility of the Licensee along with any damage that may occur to the road reserve as a result of the structure.

c) Any works within the licence area to be undertaken to the specification and approval of Council’s Engineers.

d) Licence to be for an initial term of 5 years with two further 5-year renewals at Council’s sole discretion.

e) No rent will be charged for the initial term however any further renewals will be charged at a rate set by Council.

f) One or two EV fast charging units will be installed with two car parking stalls marked and signed for EV charging.

g) Should Council require the charging station/s and stalls to be moved within the initial 5-year term, then Council at its cost will identify a suitable alternative location and relocate the facility.

13 There are currently 523 EVs registered in Dunedin (NZTA data, through Feb 2019). There are 12,725 EVs registered nationally, and 732 in Otago. Otago has the second-highest per capita EV ownership of all regions nationally.

14 The New Zealand Government has set a goal of doubling the number of EVs nationally every year until 2021, to reach a total of 64,000 registered EVs.

15 To support continued EV uptake, it is key that there are sufficient charging facilities available in convenient locations for both local motorists and visitors.

16 DCC staff have engaged with the Dunedin EV Owners Group, Aurora Energy, and the Otago Chamber of Commerce Energy Committee. These stakeholders all support the installation of additional EV fast chargers in Dunedin.

17 Transport is responsible for 28.3% of Dunedin’s total greenhouse gas emissions, and 54.5% of non-agricultural emissions (2014/15 data). As part of the city’s sustainability programme, the Council committed to taking climate action as a signatory to the “Global Covenant of Mayors for Climate and Energy” and has adopted a target of net zero emissions (excluding methane) by 2050. Achieving these commitments will require a significant reduction in transport-related emissions.

18 Driving an EV reduces greenhouse gas emissions by about 80% compared to a conventional fossil-fuelled vehicle, because most of the electricity used to charge an EV is generated from renewable energy sources.

19 In addition to not producing greenhouse gases, EVs do not produce harmful exhaust emissions that contribute to local air pollution.

20 “Dunedin EV” is one of the actions under the Energy Plan 1.0. The Energy Plan states that the Dunedin community has “indicated a wish for the city to make the shift to energy efficient electric vehicles” and notes that successful delivery of this action will result in “more charging stations available at convenient locations throughout the city.” Further development of EV charging infrastructure directly contributes to the Energy Plan’s overarching goals, including improved energy efficiency, enhanced energy security and ability to adapt to future change, and reducing climate change and environmental effects.

21 Having sufficient fast charging stations will contribute to the Economic Development Strategy by attracting visiting EV drivers to the city, who will spend money locally while their vehicle is charging. In addition, EVs further support regional economic development as they result in less money being spent on imported oil by consumers and more money spent on domestically generated electricity.

22 The installation of additional EV charging infrastructure also supports Te Ao Tūroa by enabling a reduction in transport-related carbon emissions and air pollution, thereby contributing to climate change mitigation and improved air quality. Increased EV uptake also supports the Dunedin Integrated Transport Strategy’s focus on sustainable transport options. Finally, it fits with the Spatial Plan’s theme of an environmentally sustainable and resilient city by increasing the use of renewable energy resources, reducing carbon emissions, and enhancing energy security.

OPTIONS

Option One – Grant ChargeNet License to Install EV Fast Charging Station, Subject to Appropriate Conditions

23 Approve a licence to occupy for ChargeNet NZ Limited to install, operate and maintain an electric vehicle fast charging station.

24 Specific location of the Licence to is to be confirmed, but it is likely to be on the footpath along Water Street between Crawford and Vogel Streets. (See Attachment B.) Aurora Energy has confirmed the availability of suitable electricity supply at this location. Two on-street car parking spaces will be dedicated for use by those charging EVs. These spaces would have a P60 limit and not be subject to the pay and display requirements that are planned for that area.

Advantages

· Minimal capital and operational expenditure by Council.

· Minimal risk to Council as license term will be of limited duration.

· Demonstrates Council’s commitment to meeting its stated goals of decreasing greenhouse gas emissions and associated climate change impacts, and facilitating the development of charging infrastructure to encourage EV uptake.

· Demonstrates Council’s commitment to provide for the current and future needs of communities for good-quality local infrastructure.

Disadvantages

· Potential negative response from local conventional vehicle owners who perceive an overall reduction in car park stall numbers and little value in EV uptake.

· Potential reduced parking revenue if those using EV chargers are not subject to pay and display parking requirements.

· By offering a free license for the initial period, Council may be seen to be subsidizing a commercial operator.

Option Two – Status Quo

25 Council does not facilitate the installation of any additional EV fast chargers on Council property.

Advantages

· No further use of Council resources for EV charging infrastructure.

Disadvantages

· Potential reputational damage, as Council could be seen as not being proactive or having commitment to sustainable energy and the reduction of carbon emissions.

· Potential environmental impacts, as failing to facilitate further EV charging infrastructure could slow the uptake of EVs in Dunedin, contributing to increased greenhouse gas emissions and air pollution.

NEXT STEPS

26 If a license to occupy is granted to ChargeNet, ChargeNet will work with Aurora and local contractors to supply electricity and install the unit. ChargeNet will manage the installation process.

27 The carparks will need to be painted to indicate they are for EV charging only, and appropriate road signage indicating the location of the charger will need to be installed.

Signatories

Author:

Jeremy Baker - Energy Planning Co-ordinator

Authoriser:

John Christie - Director Enterprise Dunedin

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	ChargeNet's Introductory Publication	111
⇩b	Proposed Fast Charger Location	122

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	☒	☐	☐

Facilitating EV uptake by providing charging infrastructure contributes to the climate change, sustainability, and environmental goals across the Council’s strategic framework.

Māori Impact Statement

No known impacts for tangata whenua.

Sustainability

Provision of additional EV fast chargers will support Dunedin’s economic, social, and environmental sustainability goals, in particular those related to reducing the effects of climate change.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications. This project is not included in LTP or Annual Plan.

Financial considerations

There are no financial implications associated with this decision. Any associated cost will be met from existing budgets.

Significance

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

Engagement – external

DCC staff have engaged with the Dunedin EV Owners Group, Aurora Energy, and the Otago Chamber of Commerce Energy Committee. These stakeholders all support the installation of additional EV fast chargers in Dunedin.

Engagement - internal

Enterprise Dunedin has been in ongoing engagement with DCC Transport, Property, and Community Services and Development regarding this proposed fast charging station since October 2018.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

No conflict of interest.

Community Boards

No implications for Community Boards.

Council

26 March 2019

Electric scooters in Dunedin

Department: Corporate Policy and Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report considers the use of electric scooters (e-scooters) in Dunedin.

2 This report looks at the benefits of e-scooters in Dunedin while investigating options to address safety concerns and manage commercial share scheme operations.

3 A review of the Mobile Trading and Temporary Stall bylaw is proposed with a view to require licences for commercial e-scooter and other vehicle/transport share scheme operators. This will allow for conditions and controls around things such as curfews, and numbers. A public safety campaign, and continued monitoring of issues is also proposed, as is encouraging the Ministry of Transport and NZTA to take a national approach on issues such as helmet use, cycle way use and speed limits.

RECOMMENDATIONS

That the Council:

a) Approves commencement of the first stage of the Mobile Trading and Temporary Stall Bylaw review

b) Writes to the Ministry of Transport and the New Zealand Transport Agency urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters.

c) Notes staff will continue to monitor e-scooter use and promote rider and pedestrian safety.

BACKGROUND

4 Commercial e-scooter company, Lime, introduced 300 commercial electric scooters to Dunedin on 10 January 2019. Now Lime has more than 700 e-scooters in Dunedin. Use of e-scooters is becoming increasingly popular and at 6 March, more than 31,000 riders in Dunedin have made 137,454 trips using Lime e-scooters. There are also a number of privately-owned e-scooters in Dunedin.

Existing regulatory mechanisms

5 There are several regulatory mechanisms already in place to manage potential e-scooter safety issues in Dunedin. However, current mechanisms do not allow for the management or control of commercial use of e-scooters.

6 As e-scooters are defined as vehicles in the Land Transport Act 1998 (LTA) and subsidiary legislation, these laws allow e-scooters to be ridden on the footpath and the far left of the road. The LTA requires careful and considerate use of e-scooters, and that speed is not a hazard to other footpath users. Enforcement powers sit with the Police.

7 Police advise that complaints received have been minimal but have not been broken down into private or commercial use. Generally, a complaint to Police around the manner of road/footpath use would trigger communications across police radio networks resulting in a response that would be influenced by time delay, accuracy of information, seriousness of incident or availability of staff.

8 The use of safety helmets on roads is regulated by the Land Transport Rule 2004. This requires wearing of helmets for motorcycles, mopeds and all-terrain vehicles and for bicycles.

9 There is no regulation or rule requiring the rider of a scooter to wear a helmet.

10 The Dunedin City Council (DCC) Beaches and Reserves Bylaw sets rules for conduct on beaches and reserves. An Enforcement Officer may ask a user to leave these areas or have an e-scooter removed. Other public places are not covered by this bylaw.

11 Lime’s rental terms of use for e-scooters stipulate users must be over 18 years, must not obstruct pedestrians, must adhere to traffic laws and regulations and must not be under the influence of alcohol or prohibited drugs.

Bylaws

12 Bylaws are one mechanism that local authorities may use for regulation of a specific matter/issue. A bylaw is made by a local authority under an enactment. Bylaws are mechanisms to control and enforce an issue rather than an enabling mechanism.

13 A local authority may make a bylaw for its district for one or more of the following purposes:

(a) protecting the public from nuisance

(b) protecting, promoting, and maintaining public health and safety

14 Where a local authority has the statutory authority to enact a bylaw it shall be for the purposes or objectives intended by the empowering statute. When considering a bylaw, made under the Local Government Act (LGA), a local authority must, before commencing the process, determine whether a bylaw is the most appropriate way of addressing the perceived problem.

15 Bylaws made under the LTA must be submitted to the Minister of Transport who may amend, replace or disallow the bylaw in whole or part.

16 Issues should be identified and scoped with evidence. All feasible options to address issues should be considered and evaluated. Considerations would be whether there are already, or could be, other legislative controls to address/remedy the particular issue. This could include the role of other agencies and identification and support of the agencies required to carry out enforcement action. It could look at options such as education, promotion and collaboration.

Rest of New Zealand

Public e-scooter share schemes

17 Currently, there are six NZ territorial authority areas with public commercial e-scooter share schemes: Auckland, Christchurch, Hutt City, Upper Hutt City, New Plymouth and Dunedin. Schemes in Auckland, Christchurch, Hutt City, Upper Hutt City operate with permits from the local authority. While permits can allow for the operation they cannot control use.

Licensing commercial operators

18 Some local authorities, where commercial e-scooter share schemes are operating, have bylaws which require e-scooter companies to hold a licence or permit to operate. For example, Hutt City and Upper Hutt City have 12 month permits in place for e-scooter share operators. Auckland and Christchurch have permitted Lime to operate for a trial period.

19 In Auckland, the Trading and Events bylaws require e-scooter rental companies to hold a licence from Auckland Council to operate. This allows Auckland Council to approve and decline licence requests. It can impose conditions on the licence, amend or revoke a licence, and if the licence is breached allows a Court fine of up to $20,000 for businesses upon prosecution.

20 Auckland Council does not plan to impose further regulation for e-scooters at this stage as there are mechanisms in places including national legislation, bylaws and e-scooter rental companies’ own terms of use. Auckland Council carried out a safety communication and education campaign in collaboration with Lime.

21 Wellington City proposes an evaluation of public e-scooter share schemes throughout its city by licensing up to two operators for a specified period and working with providers so that e-scooters are not ridden in certain areas and that providers contribute to evaluation and monitoring costs.

DISCUSSION

22 NZTA, along with Auckland and Christchurch councils commissioned a report in January 2019 with the purpose of understanding any behaviour change as a result of shared e-scooter use, evaluating safety perceptions, perceived benefits and considerations for the ongoing use of shared e-scooter schemes. Key findings were that shared e-scooters are a popular and successful initiative in Auckland and Christchurch but that there are important safety concerns such as ensuring pedestrian safety, e-scooter rider safety, and safety with all riders sharing pathways.

People’s Panel results

23 To inform this report, feedback was sought from the Dunedin People’s Panel to gauge the level of support for e-scooters and to identify their benefits and any areas of concern.

24 The People’s Panel gives people who opt in to the Panel the opportunity to give their views on a range of DCC issues by completing online surveys. While it is not a statistically representative sample of the Dunedin population, it has been found to be reflective of the wider community view. The Panel has been used as a consultation tool on a broad number of community issues to good effect since its inception.

25 There were 422 responses to the People’s Panel e-scooter survey which is one of the highest response rates to a People’s Panel survey since its inception in 2012.

26 Overall, 57% of all respondents are supportive of e-scooter use in Dunedin, 16% are neutral and 28% are unsupportive.

27 Of those who have used an e-scooter (26% of respondents), the main reasons for use were for fun (33%), to commute to or from a work meeting or appointment (28%) and to get around easier and faster. Other reasons were to get to and from shops, sporting and social engagements and to save money on transport.

28 Thirty-five percent of users said they use a motor vehicle less often as a direct result of using an e-scooter and 19% said they use Uber or a taxi less often.

29 Most users (66%) felt fairly safe or very safe riding an e-scooter, 8% were neutral and 24% felt a little unsafe or unsafe. However, when all respondents were asked how safe they felt as a pedestrian using footpaths shared with e-scooters, most (65%) felt unsafe and 29% felt safe.

30 All respondents were asked about helmets and views were mixed with 45% disagreeing with the current situation where helmets are recommended but not compulsory. Comments indicate these respondents want helmets to be compulsory. Thirty-seven percent agreed that helmets should be recommended but not compulsory. Personal choice and responsibility are important as is the view that the benefits and use of e-scooters would diminish if helmets are compulsory.

31 Most respondents (67%) agree that there should be a curfew with views mixed on specific curfew times. Reasons were to prevent harm and damage at night with greater risk of intoxicated riders and limited visibility. Some said they would be beneficial at night time for some such as shift workers.

32 Most respondents (80%) disagree that there are no speed limits for e-scooters on city pavement areas. Comments show safety concerns as the main reasons.

33 Most respondents (62%) think there are some places in Dunedin where the use of e-scooters should not be permitted. High foot traffic and Central Business District areas were the most common ‘no go’ areas specified.

34 See Attachment A for the full People’s Panel report.

ACC data

35 The number of ACC claims is also being monitored. The number of e-scooter related claims compared to other types of ACC claims for Dunedin and New Zealand are as follows:

ACC claims 6 Jan 2019 – 23 Feb 2019
Type of claim	Dunedin	New Zealand
Electric scooter related	109	732
Foot/other scooter related	58	2,009
Mobility scooter related	<12	88
Bike related	<28	1,069
Running/jogging related	342	11,787
Pedestrian vs e-scooter*	<4	<12
Pedestrian vs. other scooters (foot, mobility or other)*	0	0
All ACC claims	6,848	292,223

*Pedestrian claims are where the accident description specified the client collided with a scooter of some form, and is not from the perspective of the rider.

36 Dunedin represents approximately 15% of all NZ ACC e-scooter claims, and it appears that Dunedin’s crash frequency is relatively in line with national levels. Current statistics are too sparse to show a definite trend and it would take more time to know whether claims are levelling out or will they slow down due to users becoming more familiar with e-scooters.

37 There is a significantly higher number of claims for e-scooters than cycling. However, comparing e-scooters to cycling and running claims is difficult as the kilometres travelled while cycling or running is needed (travel data is available for e-scooters).

38 The table below shows the type of injury causes in national e-scooter claims between 14 October 2018 and 23 January 2019.

National ACC e-scooter claims by injury cause 14 Oct 2018 – 23 Jan 2019
Injury Cause	Number of e-scooter claims
Loss Balance/Personal Control	770
Collision/Knocked Over by Object	23
Loss of Control of Vehicle	8
Tripping or Stumbling	7
Slipping, Skidding on Foot	15
Twisting Movement	17
None	7
Puncture	9
Pushed or Pulled	7
Lifting/Carrying/Strain	5
Other	20
Grand total	888

39 The main cause of injury for e-scooter accidents is loss of balance/personal control. The second cause is collision or getting knocked over by an object. Data for primary injury sites also show that the most injured body part is the head/face, and then knee, arm and hand/wrist respectively. These results suggest the majority of ACC claims relating to e-scooters is in relation to the individual’s actions, and a small amount includes a third party’s involvement.

Dunedin Hospital Emergency Department

40 The Emergency Department at Dunedin Hospital (ED) is currently collecting data from ED visitors who present with injuries relating to e-scooter accidents. The study will run from 10 January 2019 (when Lime e-scooters were introduced to Dunedin) and 24 March 2019.

41 Objectives of the study are to:

· Characterise the frequency and nature of injuries associated with e-scooter use in Dunedin

· Describe safety practices associated with users presenting to ED with injury (helmet use rates, underage use, double riding, intoxication)

· Estimate the related community healthcare resource burden and

· Describe the pattern of ED presentations as it relates to the day of the week, arrival of students to Dunedin and weather patterns.

42 Some initial findings are that between 10 January - 21 February there were around 30 e-scooter related presentations to ED. Most were for minor abrasions and contusions but there has also been some fractures and hospital admissions. Fuller results should be available in the next couple of months.

Observational study

43 An observation study was carried out by the DCC Regulatory team to better understand the use of e-scooters in Dunedin. The study observed the number of e-scooters being used at different locations between 8^th and 14^th of March and observations were made at various times (e.g. during weekdays, weekends and peak traffic times). It also noted any e-scooter related incidents that occurred during these times.

44 Observations were carried out in six city locations:

· The Octagon

· George Street (outside Meridian mall)

· Cumberland Street (outside New World)

· Railway Station

· Albany Street (outside the University library)

· St Clair (the Esplanade)

45 The number of e-scooters monitored, and incidents observed are shown in Table 1.

Table 1: E-scooter observation statistics in Dunedin locations – 8-14 March 2019

Location	Total hours spent observing at location	Number of e-scooters observed	Number of e-scooter incidents observed	Number of e-scooters observed per hour
Railway	6.5	48	0	7
Octagon	6	43	0	7
Cumberland	6	56	2	9
Albany	9	173	8	19
Esplanade	7	39	6	6
George	6.8	112	8	16
TOTAL (All locations)	41.33	471	24	Average per hour: 11

46 Table 2 shows details of the types of incidents observed

Table 2: Types of e-scooter incidents observed in Dunedin locations – March 2019

Location	# of Incidents	High Speed	Double Ups	Near Misses		Fall/Crash/Hit
Location	# of Incidents	High Speed	Double Ups	Pedes-trian	Vehicle	Pedes-trian	Vehicle	Scooter
Octagon	0	0	0	0	0	0	0	0
Railway	0	0	0	0	0	0	0	0
Cumberland	2	0	2	0	0	0	0	0
Esplanade	6	1	5	0	0	0	0	0
Albany	8	4	4	0	1	0	1	1
George	8	1	6	2	0	0	0	0
TOTAL	24	6	17	2	1	0	1	1

47 The results of the observation show a significant number of e-scooter usage in Dunedin, particularly around George Street and Albany Street. Given the high usage of e-scooters, there were a low number of incidents reported in comparison (24 incidents out of 471 e-scooters observed).

48 Of the 24 incidents observed, two were serious incidents that involved a fall/crash/hit, and three were near misses. Most of the incidents were double ups (two on one e-scooter) and hazardous/high speed, which all happened without any consequence observed.

49 Although the Octagon was a busy area for e-scooter use, there were no incidents observed. Observers noted the careful nature of the e-scooter riders in this heavily congested area, which could explain the low incident rate.

50 Other general observations made during this exercise were:

a) E-scooter riders generally slowed down, moved to the road or dismounted their e-scooter around congested areas such as George St. Many riders also swerved around pedestrians and because of their slow speed, they did not hit any pedestrians or other obstacles on the pavement.

b) During busy days such as cruise ship days, heavily congested areas saw limited e-scooter use, although it’s unclear whether this is because of less e-scooter placement or less users riding.

c) Some use of personal e-scooters was observed, and the majority of these riders also wore helmets and other safety gear.

d) Confident riders used cycles lanes or rode along the road. They generally followed the road rules safely and effectively.

e) A few underage children were seen riding e-scooters, sometimes with two on one e-scooter.

f) The placement of e-scooters on footpaths have sometimes been a hazard e.g. pulled onto middle of footpaths, blocking passengers from getting out of cars.

51 See Attachment B for full results.

Ministry of Transport

52 The Ministry of Transport is currently working on an ‘Accessible streets’ regulatory package that aims to improve safety for footpath users and encourage active transport. Part of this work is looking at how differently mobility devices including e-scooters, can be used on footpaths and shared paths. The Auckland and Christchurch shared e-scooter schemes will inform this work and public consultation is expected this year. Further regulations for the use of e-scooters, including speed limits and helmet use will be considered.

Conditions for commercial operators

DCC Mobile Trading and Temporary Stall Bylaw

53 One way for Dunedin to impose conditions around e-scooters is to require e-scooter share scheme operators to hold a licence to operate. Legal advice is that this could be controlled through a bylaw which would provide a mechanism to permit an operator and to attach a fee to the permit. This would not, however, regulate user behaviour.

54 For example, the Mobile Trading and Temporary Stall Bylaw could be amended to include a clause requiring businesses such as e-scooter rental companies to hold a licence to operate from the DCC in the same way other Councils have, and these can apply conditions and impose penalties if conditions are not met. Curfews, fees, numbers and monitoring data are some of the things that could be managed and controlled in this way.

55 In its current form, the DCC Mobile Trading and Temporary Stall Bylaw does not provide a permit scheme or control mechanism for commercial activity of the type that is carried out by Lime.

56 The DCC Mobile Trading and Temporary Stall Bylaw is due for review by April 2024 but could be reviewed earlier. An early review could allow for hire businesses like Lime to be brought within the scope of this bylaw. In addition, the DCC Transport Group has expressed interest in an early review of this bylaw to allow for the addition of new mobile trading sites.

57 Whenever a bylaw is reviewed, a ‘special consultative procedure’ would be used as required by the LGA.

58 The bylaw review process must also show that a bylaw is the most appropriate way to address an issue. A consideration here is that the Ministry of Transport and NZTA are considering options for the regulation of e-scooters.

59 An early review would provide the opportunity to address changing transport modes and changing technology in commercial activities.

Managing e-scooter use and safety

Speed

60 People’s Panel results show there are concerns that the speed of electric scooters could cause risk, particularly on footpaths. Currently, land transport regulations state speed must not be a hazard to other footpath users and that scooter users must be careful, considerate and give way to pedestrians and mobility devices.

61 Legal advice is that the Council could use a bylaw to restrict speed in certain locations where a problem may exist. This is not recommended at this stage as options for the regulation of electric scooters are currently being considered by the Ministry of Transport and NZTA and their intentions are not yet clear. Also, there is no evidence at this stage of speed related safety issues in particular locations. Under the provisions of the LTA, enforcement of any speed restriction would remain a matter for the Police and cannot be enforced by Council officers.

62 The DCC’s transport department has received a few calls relating to e-scooters since the roll-out. These include cars versus e-scooters at driveways and e-scooters passing pedestrians at high speeds resulting in near crashes. Staff will continue to monitor any e-scooter related injury, harm and damage through liaison with other agencies, and look forward to Ministry of Transport proposals.

Helmets

63 Helmets for electric scooter riders are recommended (but not required) by NZTA. Legal advice is that the use of safety helmets on roads is regulated by central government rather than local government. The use of helmets is being considered as part of the Ministry of Transport and NZTA review of regulations for the use of e-scooters.

64 It is proposed that the Council writes to the Ministry of Transport and NZTA urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters.

Areas e-scooters should not be permitted

65 No controls to ban e-scooters from particular areas are proposed at this stage as there is limited evidence to warrant this. Staff will continue to monitor the use of e-scooters. Should concerns arise in certain areas, options will be evaluated.

66 As noted elsewhere in this report the Council currently has no ability to licence and therefore control the commercial use of e-scooters in Dunedin. However, the establishment of a memorandum of understanding with Lime has provided the basis for a cooperative relationship with the Council having some influence over the control of scooters in the city (for example the number of units, and locations of deployment, and timeframes for dealing with complaints).

67 The Council has also encouraged Lime to carry out safety education and take steps to better control the use of scooters and promote responsible use. Lime has collaborated with the Council to hold safety summits during Orientation.

68 There is a need for public safety messaging and awareness for all footpath and public space users regarding the use of e-scooters. Council staff are monitoring the use of scooters in public through data provided by Lime, ACC and other sources such as feedback to the contact centre. This can inform a public safety messaging initiative.

Fit with strategic framework

69 This proposal contributes to the strategic framework in terms of safe, affordable, accessible and user-friendly transport modes, safe and vibrant places in the city, ‘more active more often’ recreation themes, and encouraging carbon-free transport modes.

OPTIONS

Option One – Begin early review of the Mobile Trading and Temporary Stall Bylaw; and write to the Ministry of Transport and the New Zealand Transport Agency urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters (Recommended)

70 This option involves commencing the start of the Mobile Trading and Temporary Stall Bylaw by June so that introducing licences or permits for e-scooter share scheme operators can be considered. It involves writing to the Ministry of Transport and NZTA urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters so that national intentions are clear.

Advantages

· Would provide for the control of commercial operators of e-scooters or other conveyances through a permit or licensing scheme with conditions and a fee to be attached.

· May encourage central government to hasten consideration of safety aspects such as the use of helmets and excessive speed.

· Council would be seen to be addressing public concerns around safety and unplanned use of footpath or public spaces.

· Taking steps to provide some future parameters over unforeseen commercial use of innovative technology in public spaces.

Disadvantages

· There will be cost implications associated with the review of the bylaw, and with monitoring and safety initiatives. These costs would be covered by existing budgets.

· May create an unrealistic public expectation upon the Council in terms of its jurisdiction over issues such as excessive speed and compulsory use of helmets.

· Will not fully address concerns raised by sections of the community around safety in terms of issues such as excessive speed and compulsory use of helmets.

Option Two – No further action (status quo)

71 Maintain the status quo with the Council not having a permit or licensing regime to control commercial e-scooter operators establishing in Dunedin.

Advantages

· No further action required.

· No additional resourcing required.

Disadvantages

· Lack of control over commercial e-scooter (or other conveyance) operators establishing in Dunedin.

· Perception that the Council is not addressing public concerns or feedback.

· Missed opportunity to work with commercial operators and members of the public on safety and education initiatives.

NEXT STEPS

72 If the Council approves the recommendations, next steps will be to:

· Begin the process to amend the Mobile Trading and Temporary Stall Bylaw.

· Write to the Ministry of Transport and NZTA urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters.

· Monitor the Ministry of Transport and NZTA approach to e-scooter use.

· Work with Lime and other commercial e-scooter operators on public safety and education messages.

· Continue to monitor e-scooter use, benefits and related incidents.

· Report back to the Council in 12 months on the efficacy of the current approach and with further options, if required.

Signatories

Author:

Anne Gray - Policy Analyst

Adrian Blair - Group Manager Customer and Regulatory Services

Authoriser:

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇨a	People's Panel e-scooter report March 2019 (Under Separate Cover)
⇨b	E-scooter observation results March 2019 (Under Separate Cover)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision/report/proposal relates to providing a public service and 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 of the strategic framework in terms of safe, affordable, accessible and user-friendly transport modes, safe and vibrant places in the city, more active more often, and encouraging carbon-free transport modes.

Māori Impact Statement

There are no specific impacts for tangata whenua.

Sustainability

Electric scooters provide an additional sustainable mode of transport for the city.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

The proposals in this report are assessed as medium in terms of the Significance and Engagement Policy, particularly around the community interest. There is strong interest in electric scooters in Dunedin and there is evidence of divided views. If it is decided to review the Mobile Trading and Temporary Stall bylaw, the special consultative procedure would be used, as required by the Local Government Act 2004.

Engagement – external

There has been engagement with the Police, New Zealand Transport Agency, ACC, the Southern District Health Board, Lime E-scooter company, Auckland Council, Christchurch City Council and Hutt City Council. Feedback was obtained from the People’s Panel and responses have informed this report. External legal advice was sought, and observational data was gathered at six locations throughout the city.

Engagement - internal

There has been internal engagement with Transport, Customer and Regulatory Services, in-house legal counsel, Corporate Policy for this report.

Risks: Legal / Health and Safety etc.

There are no identified risks associated with this proposal.

Conflict of Interest

There is no identified conflict of interest with this proposal.

Community Boards

There are no specific implications for Community Boards at this stage.

Council

26 March 2019

Proposed Remuneration of Elected Members

Department: Civic

EXECUTIVE SUMMARY

1 The Local Government Act 2002 (LGA) gives the Remuneration Authority (the Authority) the responsibility for setting remuneration for local government elected members.

2 This report presents the Authority’s proposed councillor remuneration for the period 1 July 2019 up until the new council assumes office following the 2019 local government elections, and the proposed remuneration pool that will be in place after that time. A letter from the Authority outlining its proposals is provided at Attachment A, and the proposed determinations for the DCC is provided at Attachment B.

RECOMMENDATIONS

That the Council:

a) Notes the Proposed Remuneration of Elected Members report.

BACKGROUND

3 Over the past two years, the Authority has undertaken a review of how it sets remuneration for elected members. In undertaking its review, the Authority consulted widely. Consultation included issuing a consultation document to all councils and boards, surveying outgoing councillors, working with LGNZ, and requesting information from all current councillors.

4 The Authority has decided to change the current system of allocating a base pay for each councillor, along with a pool for remunerating additional responsibilities, to a system of allocating a governance pool (the pool) to each council. The pool will provide the total amount that can be paid in remuneration to councillors, excluding the Mayor, whose remuneration will be determined directly by the Authority.

5 The pool will not have any relationship to the number of councillors on a council, so if the number of councillors were to increase or decrease, the pool will remain the same.

6 Each council will need to determine how the governance pool is to be allocated to councillors. Council will need to allocate the pool according to its own priorities and circumstances. Positions of additional responsibility do not have to be limited to deputy mayor or committee chair but can include other jobs such as council representation on outside groups.

DISCUSSION

7 For the period 1 July 2019 until the new council assumes office following the election, an interim determination will apply. Council has been advised of the proposed determination for this period, which is as follows:

	Proposed determination 1 July 2019 up to new council assuming office	Current determination
Mayor	$160,699	$157,798
Deputy Mayor & Chair Economic Development	$81,495	$77,316
Committee Chair (4)	$76,794	$72,856
Subcommittee Chair	$68,716	$65,192
Councillor	$62,689	$59,474

8 The Authority has advised that the proposed pool and mayoral remuneration that the DCC will be allocated following the 2019 local government election is as follows:

Proposed – post election

Proposed from

1 July 2019

Current

Mayor remuneration

$165,500

$160,699

$157,798

Total pool for councillors, excluding the Mayor

$1,105,920

$958,901

$909,724

9 The Authority has advised that the minimum allowable remuneration for a councillor post the election will be $59,555.

10 The pool does not include remuneration for Community Boards.

11 In earlier communication, we were advised that the outgoing council would need to provide a proposal for how the pool would be allocated, acknowledging that the new council may wish to change the proposal. This position has changed and Council will now be asked by the Authority to provide a formal response outlining how the pool is to be allocated to individual roles by 20 November 2019.

OPTIONS

12 As this is a report for noting, there are no options.

NEXT STEPS

13 Early consideration will be given to how the pool may be allocated, acknowledging that the new council may wish to revise identified options, and that a formal response is now required by 20 November 2019.

Signatories

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

Attachments

	Title	Page
⇩a	Letter from the Remuneration Authority	140
⇩b	Proposed determination for the DCC	145

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	☐	☐	☒