Agenda of Council - 28 May 2019

Council

28 May 2019

ITEM TABLE OF CONTENTS PAGE

1 Opening 4

2 Public Forum 4

2.1 Public Forum - Declaring a Climate Emergency 4

2.2 Public Forum - Public Engagement 4

2.3 Public Forum - Foulden Maar 4

3 Apologies 4

4 Confirmation of Agenda 4

5 Declaration of Interest 5

6 Confirmation of Minutes 19

6.1 Ordinary Council meeting - 6 May 2019 19

Minutes of Committees

7 Community and Culture Committee - 16 April 2019 20

8 Planning and Environment Committee - 16 April 2019 21

Minutes of Community Boards

9 Otago Peninsula Community Board - 14 March 2019 22

10 Strath Taieri Community Board - 14 March 2019 23

11 Mosgiel-Taieri Community Board - 20 March 2019 24

12 West Harbour Community Board - 20 March 2019 25

13 Saddle Hill Community Board - 21 March 2019 26

Reports

14 Dunedin Performing Arts Feasibility Study - Phase One Report 27

15 E-scooter safety 31

16 Revocation of a resolution 46

17 Notice of Motion - Unitary Authority Report 52

18 Update on review of the Trade Waste Bylaw 2008 and regulation of stormwater quality 55

19 Railway Station Consultation- Proposed Pedestrian Mall 71

20 DCC submission on the childcare allowance policy for elected members of local government 86

21 Submission to the Minister of Conservation 100

22 LGNZ Conference 118

23 Electronic Communications (Email Quarantine) Policy 120

24 Notice of Motion - Foulden Maar 139

25 New Zealand Masters Games Service Level Agreements and Statements of Intent 141

Resolution to Exclude the Public 159

Council

28 May 2019

Reports

Dunedin Performing Arts Feasibility Study - Phase One Report

Department: Ara Toi

EXECUTIVE SUMMARY

1 Following the closure of the Fortune Theatre, Dunedin City Council (DCC) and Creative New Zealand (CNZ) jointly commissioned a study, to be undertaken by Charcoalblue, on the future provision of performing arts in Dunedin.

2 There are three phases to this study. This report presents the Dunedin Performing Arts Feasibility Study – Phase One Report.

RECOMMENDATIONS

That the Council:

a) Notes the Dunedin Performing Arts Feasibility Study – Phase One Report from Charcoalblue dated 29 April 2019.

b) Endorses the initiation of Phase Two of the Dunedin Performing Arts Feasibility Study.

BACKGROUND

3 Since the Fortune Theatre closed in May 2018, DCC and CNZ have been working together to ensure that Ōtepoti continues to benefit from access to professional theatre. Within this context DCC and CNZ jointly commissioned a comprehensive study into the future provision for performing arts in the city.

4 The study is being delivered in three phases by Charcoalblue drawing on performing arts experts from Australia and New Zealand. A separate report will be delivered at the end of each phase: Phase One – Vision, Phase Two – Options Analysis and Phase Three – Development of the Design of the Preferred Option.

DISCUSSION

5 The Phase One Report (Attachment A) details the consultant team’s deliverables, the outcome of which is a consensus-based vision to inform the second and final phases and final report. This first report sets out the process of their information-gathering and stakeholder engagement.

6 The engagement for the Phase One Report has included over 140 hours of conversation with over 160 major stakeholders. This includes community, mana whenua, local arts practitioners and arts organisations, funders, existing facilities, venues and audiences.

7 The Phase One Report includes an analysis of the business model of the Fortune Theatre and looks at the wider performing arts market and audience potential in Dunedin.

8 The concluding vision provides the criteria and foundations for Phase Two and Three.

9 The report has identified a series of problems and opportunities and has organised these through three themes: ‘Frameworks and Relationships’, ‘Existing Venues, Facilities and Organisations’ and ‘Intangibles’. The three themes are then reflected in strategies identified to implement the vision for organisational and venue development.

10 A desire and need for a building or network of buildings to provide a range of flexible and adaptable spaces has been identified in the vision.

11 A facility mix would ideally be designed to support performance, rehearsals, workshops, training, classes, functions and meetings/events supported by backstage facilities and informal front of house public spaces.

12 No specific geographic location for a new performing arts centre / cultural venue has been identified, but sites will need to be tested against the list of criteria established from the vision.

13 If there is to be a new performing arts centre / cultural venue in Ōtepoti then a partnership with mana whenua is key.

14 A model of asset ownership, operation and governance is to be explored through Phase Two.

OPTIONS

15 There are no options for this report.

NEXT STEPS

16 DCC staff will continue to work with the Charcoalblue team to deliver Phase Two from May to June. Phase Three will start early July, finishing late August with a final report due to Council in September 2019.

Signatories

Author:

Cara Paterson - Relationship Advisor – Arts and Culture

Authoriser:

Nick Dixon - Group Manager Ara Toi

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇨a	Dunedin Performing Arts Feasibility Study Phase One Report (Under Separate Cover)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

Professional theatre and the performing arts are a key part of the city’s arts and culture ecology and support delivery on Ara Toi, Social Wellbeing and Economic Development strategies.

Māori Impact Statement

The opportunity exists for a partnered approach with mana whenua as Phase Two and Three identify a preferred option. Engagement with the Māori Participation Working Party is underway through Phase Two.

Sustainability

Less professional theatre and performing arts activity has potential sustainability implications for the city’s arts and culture ecology and short and long-term access of Dunedin’s communities to professional theatre.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The budget to support the feasibility study is provided for by DCC and CNZ.

Financial considerations

Total fee for the study: $297,950 (exc. GST).

Total CNZ contribution: $120,000

Total DCC allocation $200,000

Costs for any potential options will be assessed and a full business case developed during phases 2 and 3.

Significance

This report is assessed as being of low significance in terms of the Council’s Significance and Engagement Policy.

Engagement – external

External engagement has included community, mana whenua, local arts practitioners and arts organisations, funders, existing facilities, venues and audiences.

Engagement - internal

Internal engagement has included City Property, City Development, Corporate Policy, Enterprise Dunedin, the Ara Toi team and elected members.

Risks: Legal / Health and Safety etc.

There are no significant risks identified.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no implications for Community Boards.

Council

28 May 2019

E-scooter safety

Department: Corporate Policy and Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report responds to a request from the Council asking for a report on further mechanisms to restrict or control electric scooter (e-scooter) use in busy Dunedin pedestrian areas.

2 A 12-month trial of a courtesy zone on footpaths in parts of George and Princes Streets is proposed as a mechanism for regulating e-scooter use in busy pedestrian Dunedin areas.

3 Updates are also provided on progress with New Zealand Transport Agency (NZTA) and Ministry of Transport work and on the review of the Mobile Trading and Temporary Stall Bylaw.

RECOMMENDATIONS

That the Council:

a) Approves the trial of a footpath courtesy zone in George and Princes Streets, from Albany Street to Rattray Street.

b) Notes the updates on New Zealand Transport Agency and Ministry of Transport work and on the review of the Mobile Trading and Temporary Stall Bylaw.

BACKGROUND

Lime e-scooters

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.

5 At 6 March, more than 31,000 riders in Dunedin had made 137,454 trips using Lime e-scooters. As at 14 May, the number of trips since the launch has more than doubled to 300,439 trips by 52,211 riders. There is also a growing number of privately-owned e-scooters in Dunedin.

E-scooter report to Council – March 2019

6 Staff reported to the Council on 26 March on the use of e-scooters in Dunedin, looking at the benefits of e-scooters while investigating options to address safety concerns and manage commercial share scheme operations.

7 Existing regulatory mechanisms and relevant bylaws were outlined in the 26 March report.

8 Work underway was outlined. This includes the Ministry of Transport’s work 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 share 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.

9 Other preliminary investigation included data from Dunedin Hospital Emergency Department, ACC claims, a People’s Panel survey and an observational study.

Council resolution – March 2019

10 The Council resolved on 26 March:

Moved (Cr Jim O’Malley/Cr Aaron Hawkins):

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 that staff will continue to monitor e-scooter use and promote rider and pedestrian safety.

Division

The Council voted by division:

For: Crs David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Aaron Hawkins, Marie Laufiso, Mike Lord, Damian Newell, Jim O'Malley, Chris Staynes, Conrad Stedman, Lee Vandervis, Andrew Whiley and Dave Cull (14).

Against: Nil

Abstention: Cr Kate Wilson

The division was declared CARRIED by 14 votes to 0, with 1 abstention.

Motion carried (CNL/2019/001)

11 The Council also resolved on 26 March:

Moved (Cr Jim O’Malley/Cr Aaron Hawkins):

That the Council:

d) Request staff report urgently on further mechanisms to restrict or control e-scooter use on footpaths in busy pedestrian areas.

Division

The Council voted by division:

For: Crs David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Aaron Hawkins, Marie Laufiso, Mike Lord, Damian Newell, Chris Staynes, Conrad Stedman, Lee Vandervis, Andrew Whiley and Dave Cull (13).

Against: Nil

Abstention: Crs Jim O’Malley and Kate Wilson

The division was declared CARRIED by 13 votes to 0, with 2 abstentions.

Motion carried (CNL/2019/002)

Other public places issues

12 The arrival of Lime e-scooters to Dunedin prompted a review of current challenges in Dunedin public places. Some Councils have specific public places bylaws. Dunedin does not as most public places issues are already dealt with in its other bylaws.

13 Attachment A shows how various legislation addresses public places issues in Dunedin.

DISCUSSION

14 Updates are provided on the Mobile Trading and Temporary Stall (MTTS) Bylaw review and the Ministry of Transport and NZTA Accessible Streets work.

15 Further to the resolutions of the 26 March report, the additional mechanism of courtesy zones is evaluated for consideration.

Mobile Trading and Temporary Stall Bylaw update

16 The Council, in March 2019, resolved to review this bylaw earlier than 2024, starting this year. This 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 done. Penalties could then be imposed 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. The special consultative procedure will be used, as required, to review this bylaw.

17 Potentially, this bylaw could also include permit conditions such as areas and times where e-scooters are not allowed to operate. The feasibility of such permit conditions could be worked through as part of this bylaw review.

18 While the MTTS bylaw is being reviewed early with a view to regulate share scheme operators, the purpose of this bylaw is to control trading activities to ensure appropriate standards of health, safety, pedestrian priority and amenity are maintained.

19 A thorough review of all aspects of the bylaw is required to ensure the bylaw remains fit for purpose. Initial stages of this review are currently underway. They involve identifying issues across five Council activity areas affected by the bylaw, as well as engaging with stakeholders for the bylaw. Issues such as demand for more mobile trading sites and regulating for new commercial activities that may arise will be analysed and appropriate options identified. There may also be the opportunity to merge other guidance and regulation with this bylaw.

20 Good engagement with staff and stakeholders will be important to identify issues and assess appropriate options and preferred options.

21 The first stage involves initial consultation, identification of issues and determining that a bylaw is still the most appropriate means to address the issues. The first report in the process is scheduled for Council’s consideration on 30 July. Consultation on an amended bylaw is planned for later this year. This will be followed by hearings and deliberations by a Hearings Committee and a revised bylaw should come into effect around March 2020.

22 See Attachment B for an indicative timeline for the review of the MTTS bylaw, noting that indicative dates may be subject to change.

Ministry of Transport and New Zealand Transport Agency update

23 Any thoughts of change to speed limits, helmets and e-scooter use should wait for and align with the Ministry of Transport and NZTA ‘Accessible Streets’ regulatory package currently being developed to improve safety for footpath users. Regulations including the use of e-scooters, speed limits and helmet use are also being considered.

24 The Council has written to NZTA and the Ministry of Transport urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters.

25 NZTA responded on 24 April advising that they are “developing the Accessible Streets regulatory package to improve the safety and accessibility of our footpaths and cycle paths. This package is considering proposals that are intended to help reduce the risk to footpath users from the unsafe use of any vehicle on the footpath, including e-scooters. Officials are likely to be seeking public consultation on the package later this year”.

Footpath courtesy zone

What is a footpath courtesy zone?

26 A 12-month trial of a footpath courtesy zone is proposed for a busy Dunedin pedestrian area – George Street from Albany Street through Princes Street to Rattray Street. The aim will be to encourage careful negotiation of footpaths by all users. A 12-month timeframe is proposed as a reasonable length of time and to cover any seasonal variations.

27 The footpath courtesy zone will apply to footpaths and have a voluntary 15 km per hour speed limit for e-scooter, skateboarder and mobile scooter users. E-scooters will still be able to go faster than 15 km per hour on roads. Footpath courtesy zone messaging will indicate that there are multiple users of the footpaths. It will ask all footpath users to be courteous and respectful, to be aware of other footpath users in these high use areas and to respect the 15 km per hour voluntary speed limit. Major busy intersections could also be included. Zones will be indicated by appropriate signage on footpaths and posts.

28 See Attachment C for map of the proposed footpath courtesy zone trial area.

29 The purpose of the zone will be advertised through media to ensure the community is aware, in similar ways that school zones and sharrow areas (where cars and cycles should share the road) and shared use pathways have already been established.

30 Indicative costs for the trial are around $5k which would cover signage, markings, messaging and education. Costs will be covered within existing budgets.

31 Many other Councils have introduced shared pathways for cycles and cars as well as cycles and pedestrians though we are unaware of footpath courtesy zones for pedestrians and scooter types at this stage.

32 Footpath courtesy zones may be a feasible mechanism to control the use of footpaths by all users at least until other mechanisms are developed nationally and more data is collected locally.

Support for footpath courtesy zone

33 Initial discussions with Dunedin Police indicate the promotion of safe behaviour on footpaths generally is a priority. They support the footpath courtesy zone trial and are committed to working with the Council on its successful implementation, including monitoring and enforcement.

34 The Lime e-scooter company is also aware and supportive of the footpath courtesy zone trial proposal, as are Dunedin City Council Transport staff.

Assessment of the footpath courtesy zone trial

35 The trial will be assessed after 12 months in a number of ways. Complaints or feedback during the 12-month trial will be monitored. Intercept surveys of footpath users will be carried out. A short survey of the People’s Panel, whose views have informed work to date, will be also be carried out.

36 Assessment questions will be around whether/what users like about the footpath courtesy zone, whether there is anything that could be improved, suitability of the 15km speed limit, and whether they support the continuation and/or the extension of footpath courtesy zones to other busy pedestrian areas. Users may also be asked about any incidents they may have observed.

37 If successful, footpath courtesy zones could be extended to other busy pedestrian areas.

OPTIONS

Option One – Trial footpath courtesy zone in George and Princes Streets: Albany Street – Rattray Street (Recommended)

38 A footpath courtesy zone will be trialled for 12 months along George and Princes Street footpaths between Albany Street and Rattray Street. The purpose will be to encourage careful negotiation of footpaths by all users. Appropriate signage and markings on footpaths and posts would mark the zones. Community engagement and trials could be used to test footpath courtesy zones in similar ways that school zones and sharrow areas have already been established. If successful, footpath courtesy zones could be extended to other areas.

Advantages

· Footpath courtesy zones operate with self and peer enforcement and do not rely solely on police enforcement.

· Public are already familiar with school and sharrow zones.

· No legislation or regulation process such as a bylaw amendment is required.

· Footpath courtesy zones could be in operation before regulatory packages are in place.

Disadvantages

· No legal or regulatory penalties for non-compliance.

· Some cost (around $5k) for signage and education.

Option Two – Do not trial footpath courtesy zone in George and Princes Streets: Albany Street – Rattray Street (Status Quo)

39 This option is for no change and not trialling or implementing footpath courtesy zones in busy pedestrian areas.

Advantages

· No cost for signage and education.

Disadvantages

· Lost opportunity to trial and implement footpath courtesy zones which could help reduce harm in busy pedestrian areas.

· Lost opportunity to trial a non-regulatory response to ensure courteous behaviour and minimise harm in busy pedestrian areas.

· Lost opportunity to trial and implement a mechanism that could be in place before regulatory packages are finalised.

NEXT STEPS

40 If the Council approves the 12-month footpath courtesy zone trial in George and Princes Streets from Albany Street to Rattray Street, next steps will be to work with relevant staff from Transport, Urban Design and Marketing, as well as organisations such as the Police and Lime, to arrange for the trial including appropriate community engagement, signage, marking, education and messaging. The trial footpath courtesy zone could be in place within two months of Council approval.

41 Staff will also continue work to review the Mobile Trading and Temporary Stall Bylaw, part of which relates to the addition of permits for share scheme operators in Dunedin. The first report for Council’s consideration is planned for the 30 July Council meeting.

42 Data from NZTA and Ministry of Health Accessible Streets progress, ACC claims, Dunedin Hospital, and Lime e-scooter use will continue to be monitored to inform the most appropriate options for restricting or controlling e-scooter use on footpaths in busy pedestrian areas, if needed.

Signatories

Author:

Anne Gray - Policy Analyst

Adrian Blair - Group Manager Customer and Regulatory Services

Authoriser:

Simon Pickford - General Manager Community Services

Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Indicative list of Dunedin regulatory mechanisms for addressing public place issues identified in other cities	41
⇩b	Indicative timeline for review of Mobile Trading and Temporary Stall Bylaw	45
⇩c	Proposed Footpath Courtesy Zone Trial Area	47

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 more 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

If the Council approves the trial of a footpath courtesy zone there will be costs of approximately $5k including for signage, markings and education. Costs will come out of existing budgets.

Significance

The proposals in this report are assessed as medium in terms of the Significance and Engagement Policy, particularly around community interest. There is strong interest in electric scooters in Dunedin and there is evidence of divided views. The special consultative procedure will be used to review the Mobile Trading and Temporary Stall Bylaw.

Engagement – external

To date there has been external engagement with the Police, New Zealand Transport Agency, ACC, 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. External legal advice was sought and observational data was gathered at six city locations.

Engagement - internal

There has been internal engagement with Transport, Customer and Regulatory Services, in-house legal counsel and 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

28 May 2019

Indicative list of regulatory mechanisms currently available in Dunedin for addressing public places issues identified in other cities

	Issue	Existing regulatory mechanism
1	Fencing adjacent to public places	· DCC Roading Bylaw 2008 [in relation to fencing adjacent to roads (as defined) only]. · The Building Act 2004 enables Council to regulate the construction of fences. · The 2GP sets height and design rules relating to fences along boundaries with roads and reserves in residential and recreation zones. · The Fencing Act 1978 can be used to address fences encroaching adjoining land.
2	Begging
3	Signs and advertising	· The Dunedin City District Plan and 2GP regulate signs, including: temporary signs (election signs; event promotion signs; temporary public notices; construction signs; real estate signs), commercial advertising (including mobile signs displayed on a vehicle or trailer parked with the primary purpose of displaying the sign rather than for transport, and tourism advertising) and ancillary signs. · DCC Commercial Use of Footpaths Policy 2005 · DCC Mobile Trading and Temporary Stall Bylaw 2014 · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only].
4	Mobile trading	· DCC Mobile Trading and Temporary Stall Bylaw 2014 · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · The 2GP permits mobile trading within Dunedin City subject to specified rules and limits.
5	Markets	· DCC Mobile Trading and Temporary Stall Bylaw 2014 · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · The 2GP permits temporary events such as markets within Dunedin City subject to specified rules and limits.
6	Outdoor dining areas	· DCC Commercial Use of Footpaths Policy 2005

	Issue	Existing regulatory mechanism
7	Obstruction of public places	· Some issues are Police matters as per the Summary Offences Act 1981, e.g. o Section 12 of the Summary Offences Act 1981 enables the New Zealand Police to address vegetation that creates an obstruction in a public place that is likely to cause injury. o Section 22 of the Summary Offences Act 1981 enables the New Zealand Police to request a person remove a gate or door that is obstructing a public way. · The Local Government Act 2002 and Summary Offences Act 1981 prohibit wilful, negligent or malicious damage, obstruction, interference with any property. Examples include vandalising park furniture, opening a drain cover, interfering with drainage and depositing materials. · The Trespass Act 1980 enables Council to trespass a person who does not leave any gate on a park in the manner it was found. · Some issues may be addressed by DCC Commercial Use of Footpaths Policy 2005. · DCC Roading Bylaw 2008 [in relation to obstruction of roads (as defined) only]. · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only].
8	Nuisance behaviour in public places	· The Local Government Act 2002 and Summary Offences Act 1981 prohibit wilful, negligent or malicious damage, obstruction, interference with any property. Examples include vandalising park furniture, opening a drain cover, interfering with drainage and depositing materials. · Some issues may be addressed through DCC Alcohol (Control of Alcohol in Public Places) Bylaw 2004. · Nuisance behaviour issues in reserves and beaches are addressed through the DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · Section 94(1)(e) of the Reserves Act 1977 prohibits wilfully breaking or damaging any fence, building, apparatus or erection on any reserve.
9	Buildings and structures (including scaffolding) in public places	· DCC Roading Bylaw 2008 [in relation to erecting structures or leaving things on roads (as defined) only].
10	Skateboarding and scooter riding	· DCC Skateboarding Bylaw 2005 has become revoked. · DCC Roading Bylaw 2008 [in relation to use of a vehicle (as defined) on a road (as defined) only]. · Land Transport Act and subsidiary legislation. · The 2GP does not specifically talk about e-scooters, by potentially could manage storage of e-scooters available for hire in public places.
11	Assembly/congregations/processions	· DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only].

	Issue	Existing regulatory mechanism
12	Animals and stock in public places (including stock on road reserves)	· DCC Dog Control Bylaw 2016 · DCC Dog Control Policy 2016 · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · DCC Roading Bylaw 2008 [in relation to stock droving on roads (as defined) only].
13	Busking/use of musical equipment	· DCC Busking Permit · The Resource Management Act 1991 enables Council to address noise affecting private property from a public place.
14	Use of drones/Unmanned Aerial Vehicles (UAVs)	· DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · In general, use of RPAS, UAV, UAS, drones, model aircraft, gyro gliders and parasails, unmanned balloons, kites, and rockets must comply with Part 101 and 102 of the Civil Aviation rules. Part 101 applies to UAVs under 25kg and specifies when and where they can be flown, for example night restrictions, keeping UAV in sight at all times, altitude restrictions above 120m and no flying with 4km of an aerodrome. Part 102 applies to UAVs over 25kgs and that cannot comply with Part 101 and requires the person to obtain certification as an unmanned aircraft operator. · UAV use over private property requires approval of the property owner under Rule 101.207(a)(1)(ii) of the Civil Aviation (Offences) Regulations 2006. · The Privacy Act 1993 addresses concerns about UAVs and privacy.
15	Camping	· DCC Camping Control Bylaw 2015 · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only].
16	Use of fireworks	· On private property, fireworks are permitted provided they do not cause – o injury or alarm to any person in a public place under section 35 of the Summary Offences Act 1981, for example throwing fireworks at people in public places from private property; o excessive noise under section 326-328 of the Resource Management Act 1991, for example fireworks set off late at night. · The 2GP imposes time limits on noise making for temporary events such as public fireworks/pyrotechnic displays.
17	Fires	· Section 94(1)(a) of the Reserves Act 1977 prohibits fires in reserves except in a fireplace in any camping ground or picnic area. · DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only].

	Issue	Existing regulatory mechanism
18	Use of mind-altering substances	· The Summary Offences Act 1981 enables the New Zealand Police to address offensive and disorderly behaviour, obstruction and intimidation associated with the use of psychoactive substances. · The Psychoactive Substances Act 2013 enables the New Zealand Police to address possession, distribution or offering to sell all psychoactive substances in a public.
19	Graffiti	· Graffiti is prohibited under section 11A of the Summary Offences Act 1981. Graffiti is an offence under section 33 of the Summary Offences Act 1981 and carries a fine of $200. · DCC graffiti management measures are outlined here: http://www.dunedin.govt.nz/services/city-safety/graffiti
20	Recreational fishing	· The Fisheries Act 1996 enables the Ministry for Primary Industries to ensure the sustainability of New Zealand’s fisheries. Rules about set netting cover net length, mesh size, how and where nets can be set. · The Litter Act 1979 enables Council to address fish offal, fish carcasses, fishing hooks or other material left behind on a beach, including the issue of infringement fees.
21	Weapons/instruments of a dangerous nature	· DCC Reserves and Beaches Bylaw 2017 [in relation to reserves and beaches only]. · Section 94(4) of the Reserves Act 1977 prohibits the possession or discharge of any weapons, traps or instruments on any reserve. · The Crimes Act 1961 enables the New Zealand Police to address knives, offensive weapons or disabling substances to commit bodily injury, threat or fear of violence, and use of traps or devices to injure or with reckless disregard for public safety. · The Summary Offences Act 1981 enables the New Zealand Police to address a person possessing a knife in a public place.

Council

28 May 2019

Update on review of the Trade Waste Bylaw 2008 and regulation of stormwater quality

Department: 3 Waters

EXECUTIVE SUMMARY

1 The Dunedin City Council Trade Waste Bylaw 2008 (the 2008 Bylaw) regulates the discharge of trade wastes to the Dunedin City Council’s wastewater system. The 2008 Bylaw also includes some provisions to regulate the quality of discharges to the Dunedin City Council’s stormwater system. The 2008 Bylaw is attached to this report as Attachment A.

2 A review of the 2008 Bylaw commenced in February 2018. The review found that a bylaw remains the most appropriate way to manage the matters addressed in the 2008 Bylaw. However, the review concluded that managing the matters through two separate, system-specific bylaws would be clearer and better promote compliance. The two proposed bylaws are:

a) a trade waste bylaw to regulate the discharge of trade wastes to the wastewater system; and

b) a stormwater quality bylaw to regulate the quality of discharges to the stormwater system.

3 These bylaws can be developed in parallel.

RECOMMENDATION

That the Council:

a) Determines that a bylaw is the most appropriate way of regulating the discharge of trade wastes to the wastewater system.

b) Determines that a bylaw is the most appropriate way of regulating the quality of discharges to the stormwater system.

c) Approves the development of a separate stormwater quality bylaw in parallel with the development of an updated trade waste bylaw.

d) Notes the Dunedin City Council will continue to use education and work together with the Otago Regional Council to manage the discharge of trade wastes and stormwater in combination with the proposed bylaws.

BACKGROUND

4 Section 146 of the Local Government Act 2002 (LGA 2002) specifically provides for a territorial authority to make a bylaw for the purposes of regulating trade wastes.

5 The 2008 Bylaw will be automatically revoked on 30 June 2020 unless it is amended, revoked and replaced, or retained without change. On 12 February 2018, the Infrastructure Services and Networks Committee approved commencing a review of the 2008 Bylaw (INF/2018/009). A summary of the findings of the review is attached to this report as Attachment B. The matters considered during the review can be grouped into two broad categories:

a) regulation of the discharge of trade wastes to the wastewater system; and

b) regulation of quality of discharges to the stormwater system.

6 Internal staff workshops and a survey of trade waste customers have identified key areas where amendments to the 2008 Bylaw should be considered. A summary of survey responses is attached to this report as Attachment C.

7 Overall, feedback gathered to date suggests the 2008 Bylaw is generally working well, but it would benefit from simplification and clarification. In particular, feedback identified confusion around the application of the stormwater provisions in the 2008 Bylaw and the advantages of developing a separate bylaw to manage the quality of discharges to the stormwater system.

DISCUSSION

8 Sections 155 and 160 of the LGA 2002 require a territorial authority to determine whether a bylaw is the most appropriate way of addressing the perceived problem when making or reviewing a bylaw.

9 The reasons why a bylaw is the most appropriate way of addressing the discharge of trade wastes to the wastewater system and the quality of discharges to the stormwater system are discussed below.

Regulation of the discharge of trade wastes to the wastewater system

10 Managing the quality and quantity of the discharge of trade wastes to the wastewater system mitigates against the following risks:

a) Environmental damage: Discharges from the DCC’s wastewater system to the environment are consented under the Resource Management Act 1991 (RMA 1991). Identifying criteria for discharges of trade waste to the wastewater system helps to ensure the DCC complies with consent conditions, and is essential to preventing environmental damage.

b) Poor performance of the wastewater system: Poorly managed discharges of trade wastes to the wastewater system pose risks to its performance. Fuels, for example, can damage the pumps required to move wastewater from low points in the system to wastewater treatment plants, while fats and oils can cause blockages. Where system performance is compromised by pump failure or a pipe blockage, the risk of wastewater overflows to the environment is increased. An increased risk of wastewater overflows carries increased risks to public health and safety, and property.

c) Danger to health and safety of people working with the wastewater system: DCC staff and contractors are engaged in a variety of maintenance and other tasks relating to wastewater system infrastructure, including the operation of wastewater treatment plants and pumping stations. The discharge of trade wastes to the wastewater system must be managed to minimise risks to the health and safety of workers who encounter trade wastes downstream.

11 A trade waste bylaw remains the most appropriate way to regulate the discharge of trade wastes to the wastewater system because:

a) a bylaw enables trade waste dischargers to be registered and the quality and quantity of their discharges to be managed and monitored; and

b) a bylaw provides certainty and consistency on the DCC’s requirements for safe use of the wastewater system by trade waste customers.

12 The DCC relies on the 2008 Bylaw, in combination with education, to manage the discharge of trade wastes to the wastewater system. The DCC also works together with the Otago Regional Council (ORC), which regulates discharges to the environment under the RMA 1991.

Regulation of the quality of discharges to the stormwater system

13 The DCC’s stormwater system collects rainwater from the roofs of houses and buildings, footpaths and roads and diverts it to the ground, into waterways, the harbour or the ocean. Most stormwater, in contrast to wastewater, is only screened and/or settled before it is discharged to the environment.

14 Managing the quality of discharges to the stormwater system mitigates against the following risks:

a) Environmental damage: Discharges to the DCC’s stormwater system undergo minimal treatment before they are discharged to the environment. If contaminants such as paints and detergents are introduced into the stormwater system they are subsequently discharged to the environment in a near-original state. Discharges from the DCC’s stormwater system to the environment are permitted or consented under RMA 1991. Identifying criteria for the quality of discharges to the stormwater system helps to ensure the DCC complies with RMA 1991 requirements and consent conditions, and is essential to preventing environmental damage.

b) Poor performance of the stormwater system: The entry of contaminants into the stormwater system poses risks to its performance. Sediments, for example, can cause pipe blockages, while fuels can damage the pumps required to move stormwater from low points in the system to outfalls. Where system performance is compromised through pipe blockage or pump failure, the risk of flooding is increased. An increased risk of flooding carries increased risks to public health and safety and property.

c) Danger to health and safety of people working with the stormwater system: DCC staff and contractors are engaged in a variety of maintenance and other tasks relating to stormwater system infrastructure. The unexpected entry of contaminants into the stormwater system poses risks to the health and safety of workers who could encounter contaminants downstream.

15 A bylaw remains the most appropriate way to regulate the quality of discharges to the stormwater system because:

a) a bylaw provides a mechanism for enforcing compliance with the DCC’s requirements for quality of discharges to the stormwater system; and

b) a bylaw provides the public with a clear and consistent statement of the DCC’s requirements.

16 At present, section 4A of the 2008 Bylaw contains provisions to regulate quality of stormwater discharges to the stormwater system. Section 4A links to a set of acceptance standards at Schedule 1E. The DCC relies on these provisions, in combination with education, to manage the quality of discharges to the stormwater system. The DCC also works together with the Otago Regional Council (ORC), which regulates discharges to the environment under RMA 1991.

17 DCC staff provide education about the stormwater system and preventing stormwater pollution through school visits, tours of wastewater treatment plants, demonstrations at community events (for example, the recent South Dunedin Street Festival) and responses to pollution complaints. The DCC website also provides information about preventing stormwater pollution (the ‘Preventing stormwater pollution’ page is attached to this report as Attachment D).

18 The ORC is responsible for controlling discharges of contaminants (including stormwater) to land, water, and the coastal marine area. The ORC does this through the Regional Policy Statement for Otago, and rules in the Regional Plan: Water, and Regional Plan: Coast. The ORC can issue abatement notices or prosecute polluters under the RMA 1991. The DCC holds ten consents for discharging stormwater to the coast, issued by the ORC. These consents require the DCC, as soon as practicable and subject to statutory processes, to implement a bylaw to control inputs to its stormwater systems.

options

19 The Council should determine that a bylaw is the most appropriate way of regulating the discharge of trade wastes to the wastewater system and the quality of discharges to the stormwater system. The Council can choose to regulate these two matters through one combined bylaw, or two system-specific bylaws as set out below.

Option One – develop a separate stormwater quality bylaw in parallel with the development of an updated trade waste bylaw (recommended)

20 If the Council chooses this option, stormwater quality provisions would be excluded from the updated trade waste bylaw and a separate stormwater quality bylaw would be developed in parallel with the updated trade waste bylaw. The stormwater provisions from the 2008 Bylaw could be used as a basis for a separate stormwater quality bylaw.

21 Both bylaws would be finalised by 1 July 2020. From this date, the DCC would manage the quality of discharges to the stormwater system through the stormwater quality bylaw, in combination with education and working with the ORC. Discharges of trade wastes to the wastewater system would be managed through the updated trade waste bylaw, in combination with education and working with the ORC.

Advantages

· A system-based approach to regulating trade wastes and stormwater quality promotes greater clarity about the DCC’s requirements.

· Greater clarity promotes compliance and reduces risks to the environment, system performance and worker health and safety.

· A separate stormwater quality bylaw would support the DCC to meet the conditions of its stormwater discharge consents.

Disadvantages

· Regulations to manage discharges by trade waste customers to the wastewater and stormwater systems be split between two bylaws. Any confusion arising from this change to the status quo could be mitigated through education.

Option Two – continue to regulate the quality of discharges to the stormwater system through a single trade waste bylaw

22 If the Council chooses this option, stormwater quality provisions would remain in the updated trade waste bylaw. The updated trade waste bylaw would be finalised by 1 July 2020. From this date, the DCC would manage the quality of discharges to the stormwater system and discharges of trade wastes to the wastewater system through the updated trade waste bylaw, in combination with education and working with the ORC.

Advantages

· One bylaw would manage discharges by trade waste customers to both the wastewater and stormwater systems.

Disadvantages

· Including stormwater quality provisions in an updated trade waste bylaw may obscure the DCC’s stormwater quality requirements, particularly for non-trade waste customers. Lack of clarity may increase risks to the environment, system performance and worker health and safety.

NEXT STEPS

23 Drafting of an updated trade waste bylaw to address identified matters is underway. If the Council chooses option one, staff will commence development of a separate stormwater quality bylaw in parallel with the development of an updated trade waste bylaw.

24 Staff will also engage with Iwi, the Otago Regional Council, and relevant stakeholders while the proposal is developed.

25 Staff will report back to the Council on the most appropriate form of bylaw(s) later in 2019. The report will attach a statement of proposal (or two statement of proposals) and draft bylaw(s) for the Council to approve for public consultation using the special consultative procedure.

Signatories

Author:

Scott Campbell - Policy Analyst

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇨a	Trade Waste Bylaw 2008 (Under Separate Cover)	65
⇩b	Review of Trade Waste Bylaw 2008 - summary of findings	66
⇩c	Summary of responses to trade waste customer survey	67
⇩d	Preventing stormwater pollution (DCC website)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☐	☐	☒
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☒	☐	☐
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☒	☐	☐

Developing a stormwater quality bylaw and an updated trade waste bylaw supports the DCC to meet strategic objectives of the 3 Waters Strategy, the Economic Development Strategy and Te Ao Tūroa – Environment Strategy.

Māori Impact Statement

Aukaha have been informed about the review of the 2008 Bylaw. 3 Waters will engage directly with iwi as work to develop a stormwater quality bylaw and an updated trade waste bylaw progresses.

Sustainability

Developing a stormwater quality bylaw and an updated trade waste bylaw will have a positive impact on environmental sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Developing a stormwater quality bylaw and an updated trade waste bylaw is not anticipated to have any implications for the LTP, Annual Plan or Financial Strategy. Developing a stormwater quality bylaw and an updated trade waste bylaw supports the objectives of the Infrastructure Strategy.

Financial considerations

There are no anticipated unbudgeted financial implications.

Significance

The significance of the decisions in this report are considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

In December 2018, 3 Waters surveyed all trade waste customers (approximately 800) about the 2008 Bylaw: what works well, and what could be improved or changed.

3 Waters received 23 written responses from a range of food providers, industrial, and commercial customers. In general, existing customers are happy with the operation of the 2008 Bylaw. Several issues raised will be analysed further as part of the review process.

3 Waters will engage with Iwi, the Otago Regional Council, and relevant stakeholders, prior to formal public consultation that will be carried out through the special consultative procedure, anticipated to take place later in 2019.

Engagement - internal

Several workshops have been held with 3 Waters operational staff to identify and discuss problems with the current bylaw. Further discussions with 3 Waters staff and other Council departments are proposed as the review progresses. DCC legal counsel contributed to the preparation of this report.

Risks: Legal / Health and Safety etc.

None identified.

Conflict of Interest

None identified.

Community Boards

Community Boards may be interested in the development of a stormwater quality bylaw and an updated trade waste bylaw.

Council

28 May 2019

Railway Station Consultation- Proposed Pedestrian Mall

Department: Transport

EXECUTIVE SUMMARY

1 This report discusses the proposal to create a pedestrian mall along part of the unnamed section of legal road that forms the frontage of the Dunedin Railway Station.

2 The purpose of the proposed pedestrian mall is to improve:

· safety in the area outside the Dunedin Railway Station, particularly for pedestrians;

· amenity values in the vicinity of the Dunedin Railway Station; and

· views of the Dunedin Railway Station.

3 The restriction of motor vehicle traffic supports the Central City Plan and objectives for the city’s Cultural and Entertainment Quarter.

4 This report seeks approval from Council to commence the Special Consultative Procedure for the proposed pedestrian mall (including the adoption of a statement of proposal), and to delegate to an Independent Commissioner the power to hear submissions and decide whether or not to create a pedestrian mall.

RECOMMENDATIONS

That the Council:

a) Approves, pursuant to section 336(1) of the Local Government Act 1974, the use of the Special Consultative Procedure to consult on the proposal to create a pedestrian mall along part of the frontage to the Dunedin Railway Station.

b) Adopts the Statement of Proposal attached to this report for the proposed creation of a pedestrian mall.

c) Delegates to an Independent Commissioner the power to consider submissions and decide whether or not to grant a declaration pursuant to clause 336 of the Local Government Act 1974 in relation to the proposed pedestrian mall.

BACKGROUND

5 The land in front of the Railway Station is unnamed legal road. It currently provides two-way vehicle access between Anzac Avenue and Castle Street/High Street (SH1/southbound).

6 The thoroughfare in front of the Dunedin Railway Station is a busy commuter route for pedestrians and cyclists travelling to and from the city centre (and a tourist route linking key visitor destinations such as Toitū Otago Settlers Museum and the Octagon).

7 The Dunedin Railway Station is one of Dunedin’s most celebrated heritage buildings and attracts large numbers of visitors at all times of the year. The area also comprises ‘Anzac Square’, which was extensively remodelled and extended in the 1990s to create ornate formal gardens.

DISCUSSION

Proposed Pedestrian Mall

8 For the reasons set out below, Council Officers propose creating a pedestrian mall over the land shown in red on Attachment A ("Proposed Pedestrian Mall Land").

9 At present, the Proposed Pedestrian Mall Land is legal road. Section 336 of the Local Government Act 1974 specifies that the Council may, by using the Special Consultative Procedure, declare a specified road or part of a specified road to be a pedestrian mall. It may restrict vehicles generally or during particular hours. It may also include exemptions and conditions in relation to the restriction of vehicles. For example, it may include conditions allowing service vehicles to enter the pedestrian mall at certain times.

City Plan, Amenity and Safety Issues

10 The thoroughfare and Anzac Square that forms the Dunedin Railway Station frontage are part of the city’s Cultural and Entertainment Quarter. This ‘quarter’ includes the Octagon, lower Stuart Street, the Dunedin Railway Station and connections to Toitū Otago Settlers Museum. The area is intended as the city’s civic, entertainment and tourism centre, providing a hub for visitors and locals.

11 Key objectives for the Cultural and Entertainment Quarter as defined in the Central City Plan include:

· Establishing the area as a convenient and more attractive place for all people to visit.

· Improve pedestrian connections between the Octagon, the Railway Station and Toitū Otago Settlers Museum.

· Improve safety and accessibility for pedestrians and other vulnerable road users and reduce crash rates.

12 The proposal to restrict motor vehicle traffic along the Proposed Pedestrian Mall is intended to improve the safety, accessibility and ‘look and feel’ of the Railway Station frontage. It is also intended as a step towards improving the area in a way that contributes to the vision of the Central City Plan’s Cultural and Entertainment Quarter, as a safe and attractive hub for visitors and locals.

13 Use of the thoroughfare for tour bus and coach parking has a significant impact on the amenity of the Dunedin Railway Station. Travel websites such as ‘TripAdvisor’ promote the Dunedin Railway Station as one of the most photographed buildings in New Zealand and the southern hemisphere. However, large tour coaches frequently park in front of the building. This blocks views of the entrance and ground floor and detracts from the visitor experience.

14 Passenger vehicles, including large tour coaches, use the thoroughfare to drop off and pick up visitors. Visitors disembark onto the thoroughfare, taking time to orientate themselves before entering the building or fanning out across Anzac Square to view the building and take photographs. The conflict between large vehicles and local traffic navigating the thoroughfare, and visitors disembarking and moving around, creates a safety risk.

15 The thoroughfare between Anzac Avenue and Castle Street/High Street (SH1/southbound) encourages ‘rat-running’ by local traffic in front of the Dunedin Railway Station. The installation of speed humps as a safety measure to slow traffic has not deterred this behaviour. This use is particularly apparent in the evenings as drivers seek to avoid red traffic signals at Lower Stuart Street and traffic queueing on Castle Street.

16 The ‘rat-running’ negatively impacts pedestrian safety. Vehicles travelling through the Railway Station exit onto the State Highway at speeds higher than is appropriate for the environment in order to beat traffic at the Lower Stuart Street intersection. Drivers are watching for traffic on the State Highway and are not necessarily looking for pedestrians moving to and from the pedestrian overbridge or Toitū.

17 The road safety audit for the Dunedin Urban Cycleways project identified a risk for cyclists due to the existing road configuration. The Dunedin Urban Cycleways project has constructed a new 3m wide two-way cycleway on the south side of Anzac Avenue connecting to the thoroughfare in front of the Dunedin Railway Station. This is because cyclists can no longer connect to the Castle Street/High Street (SH1 southbound) cycle lane from Anzac Avenue, as the SH1 cycle lane has been relocated to the opposite side of SH1.

Trial Closure

18 Two trial closures of motor vehicle access to the Dunedin Railway Station have been carried out. The first was for four days between Thursday 25 January 2018 and Sunday 28 January 2018. The second was for two weeks between 17 February and 3 March 2019.

19 For both trials, a description of the trial vehicle access closure and plan showing the closure area, alternative bus parking and taxi stand locations was distributed to a wide range of stakeholders, including the AA, various taxi and bus companies, NZTA, Otago Farmers' Market, Spokes and emergency services. Press releases were issued and the trial was promoted on social media.

20 During the trials, two mobility parks adjacent to the Railway Station ramp were accessible to the public. In the first trial, casual parks along the Railway Station frontage were blocked off. In the second trial, three casual parks were provided at the south end. The public car parks at the north end and allocated tenant car parks at the south end of the Railway Station remained open. Parks for buses, small passenger vehicles and taxis were provided to the north and south of the Railway Station on Anzac Avenue and Castle/High Street (SH1/southbound).

Feedback from the Trial Closures

21 Feedback during both trials was showed a majority of submitters were supportive of the trial. One hundred and fifty (150) submissions were received from the public during the first trial, with 127 in support, 15 in support with reservations and eight (8) opposed. Fifty four (54) submissions were received during the second trial, with 44 in support, 4 in support with reservations and six (6) opposed.

22 Overall, the key benefits that were raised by supporters of the trial were the safety and amenity of the area. Respondents thought the trial improved safety and many commented that the area in front of the Railway Station had a much more relaxed feel and was a lot safer, particularly for children and elderly. There were also many comments about the improved view of the Railway Station without cars and buses, and the improved ability to take nice photos.

23 The key concerns raised by submitters related to difficulties for mobility impaired and/or elderly who visit the area. The need for accessible mobility parking was highlighted. Other concerns raised during the first trial were difficulties for Otago Arts Society exhibitors dropping off artwork, loss of patronage for tenants of the Dunedin Railway Station and inconvenience for some tour operators.

Current Proposal

24 The current proposal is to restrict vehicles from the Proposed Pedestrian Mall Land. A copy of the proposed layout is included as Attachment A. Full details of the proposal are set out in the Statement of Proposal which is included as Attachment B.

25 The Proposed Pedestrian Mall Land is approximately 70 m long and is located between the current entrance from Anzac Avenue to 3 m south of the Railway Station building entrance.

26 The proposed pedestrian mall would prevent access to five P30 car parking spaces and one taxi stand located on the north side of the Railway Station building entrance. An additional ten P30 parks were installed at the northern end of the Railway Station building in March 2017. A new taxi stand would be provided on Lower Stuart Street near the corner of High Street/State Highway 1.

27 Under the proposal, three P30 car parking spaces on the south side of the Railway Station building entrance would be changed. The changes would result in one P5 and one mobility parking space, alongside an existing mobility parking space. This would mean two mobility parking spaces would be accessible on the south side of the Railway Station building entrance. This location provides direct access to the ramp into the building. Sufficient space would be provided behind these mobility spaces for vehicle manoeuvring.

28 Two new parking spaces would be provided at the south end of the Railway Station for the Otago Arts Society. These would be adjoining the currently allocated tenant car parks at the south end of the Railway Station. One existing mobility parking space would be reallocated for this purpose.

29 A new P5 parking space would also be provided near the base of the pedestrian overbridge, south of the Railway Station. This parking space would primarily provide convenient short-term parking for pick up and drop off, and is located near the two public toilets.

30 Additional parking space for passenger vehicles would be provided on Anzac Avenue adjacent to the current entrance to the Railway Station thoroughfare. This is possible because Anzac Avenue is being narrowed to provide a new 3 m two-way cycleway on the south side, and the existing on-road cycle lane is being removed. The space would be large enough to accommodate two tour coaches. This parking is located approximately 60 m from the Railway Station building entrance.

31 Additional parking space for passenger vehicles would also be provided on High Street/State Highway 1 between the Railway Station and Toitū Otago Settlers Museum. There is currently parking for two tour coaches provided in this location, and the additional space would be large enough to accommodate two more tour coaches. Six existing P240 pay and display parking spaces would be reallocated for this purpose. This parking is located approximately 100 m from the Railway Station building entrance.

32 Staff will consider the option of using variable parking signs in some locations to provide for increased coach parking during the busiest times of the year, with the P240 pay and display parks being reinstated on other days.

33 There are no scheduled passenger services currently using the Railway Station for pick up and drop off. The Atomic Shuttle was using the Railway Station but is now operating from a new stop on Moray Place, installed as part of the Dunedin bus hub.

34 It is proposed that cyclists will be allowed to cycle through the Proposed Pedestrian Mall and to proceed south or to the signalised intersection at Castle Street/Stuart Street, which has a dedicated ‘call button’ for cyclists.

35 Existing road markings on the Railway Station thoroughfare would be removed by high pressure water blasting or sand blasting. The two speed cushions would also be removed. A comprehensive signs and markings plan would be prepared, including appropriate directional, wayfinding and shared zone information for pedestrians and cyclists, and to support tour operators.

36 It is likely that service vehicles will want access to the Proposed Pedestrian Mall Land at certain times. The exact details of this can be considered following submissions received as part of the Special Consultative Procedure.

The Proposed Process

37 Council Officers are recommending using the process for creating a pedestrian mall as set out in section 336 of the Local Government Act 1974.

38 The use of an Independent Commission to hear submissions and decide whether to grant a declaration is consistent with other Council processes where the Council is a landowner.

39 From an administrative law perspective, it is preferable for those hearing submissions to also be the decision-making body. Council Officers therefore recommend that an Independent Commissioner be given delegated authority to hear submissions and decide whether or not to make a declaration.

40 The process includes public notification, public consultation and an opportunity for people to make submissions and present their views. If the Council approves the commencement of the Special Consultative Procedure and adopts the Statement of Proposal, the likely timeframes will be as follows:

Action	Timeframe
Notification of property owners, residents and businesses in area	Early June 2019
Public notice of Statement of Proposal	Early June 2019
Submissions open	10 June – 5 July 2019
Summary of feedback and hearing	Mid-Late July 2019
Hearing conclusion reported to Council	27 August 2019

41 If a declaration is made following the hearing, any person may appeal to the Environment Court against the declaration within one month after the making of the declaration. The declaration does not take effect until the time for appealing has expired and any appeals have been determined.

OPTIONS

42 Two options are put forward for consideration. These are:

i) The recommended option of commencing the Special Consultative Procedure in relation to the creation of a pedestrian mall on the Proposed Pedestrian Mall Land; and

ii) Retaining the status quo.

Option One – Recommended Option – Commence with the Special Consultative Procedure for a pedestrian mall

43 In this option, the Council would approve the commencement of the Special Consultative Procedure in relation to the proposed pedestrian mall. The power to consider submissions and decide whether or not to grant a declaration pursuant to section 336 the Local Government Act 1974 would be delegated to an Independent Commissioner.

Advantages

· Stakeholders will have the opportunity to provide a submission on the proposal and be given the opportunity to present their views.

· Subject to the outcome of the SCP safety and amenity in the railway station forecourt could be improved.

· The proposal contained within the SCP is consistent with the objectives of the Central City Plan.

Disadvantages

· There will be costs associated with the creation of the proposed pedestrian mall.

Option Two – Status Quo

44 In this option, the Council would not endorse the proposal to restrict motor vehicle traffic along the Pedestrian Mall Land. No closure would be pursued at this time.

Advantages

· There is no commitment to additional costs for safety and amenity improvements.

Disadvantages

· Amenity and safety in the area around the Dunedin Railway Station will not be improved.

· The objectives of the Central City Plan’s Cultural and Entertainment Quarter will not be fully realised.

45 On the basis of the above information, it is recommended that Option One is adopted, noting that initial feedback for the proposal was supportive and that the proposed closure has been identified as the best option to achieve amenity and safety improvements in the area.

NEXT STEPS

46 Should the Council approve the commencement of the Special Consultative Procedure for the proposed pedestrian mall. The Statement of Proposal will be advertised in early June.

Signatories

Author:

Susan Lilley - Senior Transportation Planner

Authoriser:

Richard Saunders - Group Manager Transport

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	Plan showing the location of the proposed pedestrian mall	82
⇩b	Proposed Statement of Proposal	83

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report relates to providing local infrastructure and it is considered good quality and cost effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☒	☐	☐

The proposal to create a pedestrian mall in front of the Dunedin Railway Station contributes to the objectives of the Central City Plan. The proposal also contributes to the integrated transport strategy's efforts to improve safety in the city, particularly for vulnerable users.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The proposed pedestrian mall promotes the use of the area for pedestrians and cyclists.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The project forms part of the minor safety improvement programme included in the 10 year plan.

Financial considerations

The cost of the pedestrian mall can be funded through existing Transport budgets.

Significance

This decision has been assessed under the Council's Significance and Engagement Policy as being of high significance as it relates to a Strategic Asset and the legislation requires the use of the Special Consultative Procedure in relation to the creation of a pedestrian mall.

Engagement – external

A four day trial was undertaken in January 2018. One hundred and fifty (150) submissions were received from the public. A two week trial was then undertaken in February 2019. The NZTA has also been consulted, and it is in support of the proposal.

Engagement - internal

Internal engagement has been with Parks, Water and Waste, City Development, Economic Development Unit and Property Teams. Legal services had provided advice on the most appropriate process to use for this project.

Risks: Legal / Health and Safety etc.

Council will need to ensure that it correctly follows the procedure set out in section 336 of the Local Government Act 1974 for the creation of the pedestrian mall.

The proposed changes reduce health and safety risks associated with the railway station forecourt.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no known implications for Community Boards.

Council

28 May 2019

RAILWAY STATION

PROPOSED PEDESTRIAN MALL

Statement of Proposal

INTRODUCTION

This Statement of Proposal sets out the proposal to create a pedestrian mall along part of the unnamed section of legal road that forms the frontage of the Dunedin Railway Station.

PROPOSAL

The Council is proposing to restrict motor vehicle traffic and create a pedestrian mall along part of the unnamed section of legal road that forms the frontage of the Dunedin Railway Station. Access will be retained for pedestrians and cyclists, and for emergency service vehicles only.

The Dunedin Railway Station is one of Dunedin’s most celebrated heritage buildings and attracts hundreds of visitors a year. For many years, the Council has received feedback on the impact of moving and parked buses and vehicles on pedestrian safety and amenity in front of the Dunedin Railway Station.

BACKGROUND

The Dunedin Railway Station, the thoroughfare that forms its frontage and Anzac Square are part of the city’s Cultural and Entertainment Quarter. This ‘quarter’ includes the Octagon, lower Stuart Street, the Dunedin Railway Station and connections to Toitū Otago Settlers Museum. The area is intended as the city’s civic, entertainment and tourism centre, providing a hub for visitors and locals.

Key objectives for the Cultural and Entertainment Quarter include to:

· Establish the area as a convenient and more attractive place for all people to visit.

· Improve pedestrian connections between the Octagon, the Railway Station and Toitū Otago Settlers Museum.

· Improve safety and accessibility for pedestrians and other vulnerable road users and reduce crash rates.

A copy of the Central City Plan is available at http://www.dunedin.govt.nz/your-council/council-documents/policies/central-city-plan

OPTIONS

Preferred Option:

The proposal to restrict motor vehicle traffic along the unnamed section of legal road that forms the frontage of the Dunedin Railway Station is intended to improve the safety, accessibility and ‘look and feel’ of the Railway Station frontage, particularly for pedestrians.

Advantages

· It reduces safety risk for pedestrians presented by moving and parked tour buses and coaches.

· It reduces safety risks for pedestrians and cyclists presented by local traffic using the thoroughfare in front of the Dunedin Railway Station as a ‘rat run’ between Anzac Avenue and Castle Street/High Street (SH1/southbound).

· It creates greater opportunities to improve the amenity values in the vicinity of the Dunedin Railway Station and views of the Dunedin Railway Station.

· It reduces the risk of accidents from traffic exiting the Railway Station onto the State Highway.

· It creates opportunities for improvements to be made to the area in a way that contributes to the vision of the Central City Plan, and Cultural and Entertainment Quarter as a safe and attractive hub for visitors and locals.

Disadvantages

· It reduces vehicle access to the thoroughfare in front of the Railway Station building, including access to seven P30 car parking spaces and one taxi stand located in front of the Railway Station building. Two new P30 car parking spaces will be accommodated in the southern car park area. The taxi stand will be relocated to Lower Stuart Street outside the court house.

· For the space to achieve the advantages listed above, the use of DCC operational transport budget will be needed in the short term, and Central City Plan budget in the long term.

Alternative Option: Do nothing:

In this option no change would be made to the thoroughfare in front of the Railway Station building

Advantages

· There is no change to the existing road configuration and vehicle access to the thoroughfare in front of the Railway Station building would remain. There is no cost associated with this option.

Disadvantages

· Safety issues resulting from conflict between pedestrians and tour buses and coaches will remain. Local traffic ‘rat-running’ through the area will continue.

· No amenity improvements will be achieved as large tour coaches would still be able to blocks views of the entrance and ground floor and detract from the visitor experience.

· The opportunities to achieve the objectives of the Cultural and Entertainment Quarter will not be fully maximised.

Any person may, within 1 month after the making of a declaration (or at a later time allowed by the Environment Court), appeal to the Environment Court against the declaration (see http://www.legislation.govt.nz/act/public/1974/0066/latest/DLM420469.html)

HAVE YOUR SAY

The Council wants to know what you think about the proposed Railway Station Pedestrian Mall. Please fill out the feedback form so your views can be taken into account.

Where to from here?

· Public submission period closes at 5pm on Friday 5^th July 2019

· Hearings

· The Council considers submissions and decides on any changes to the proposed amended bylaw/the enactment of the proposed bylaw

· The Council amends/enacts the bylaw

· The amended/enacted bylaw comes into force

Submission Form

[Refer to submission form or feedback form, as required]

The Council wants to know what you think about the proposal to create a pedestrian mall along part of the unnamed section of legal road that forms the frontage of the Dunedin Railway Station.

Submissions are due by 5 pm, Friday 5^th July 2019

Late submissions may not be accepted.

Please note that submissions are made public as part of the Council’s decision making process. Your name and submission will be included on papers available to the media and the public. Your feedback will only be used for the Railway Station Pedestrian Mall consultation.

Send to: Railway Station Pedestrian Mall

Dunedin City Council

PO Box 5045

Moray Place

Dunedin 9058

Deliver: Railway Station Pedestrian Mall

DCC Customer Services Centre

The Civic Centre

50 The Octagon

Dunedin

Online: www.dunedin.govt.nz/consultation

Email: transport@dcc.govt.nz

First name: Last name: _______

Organisation (if applicable):

Address:

Postcode:

Email address: Phone number:

Would you like to speak to the hearing panel in person?

(If you do not tick a box, it is assumed that you do not wish to be heard.)

q Yes q No

If you wish to speak, you will be contacted with a speaking time as soon as possible after the closure of the submission period. (Note: The Council may also allow any person to present his/her views by way of audio link or audio-visual link)

You may answer as many or as few questions as you wish.

1. Overall, do you agree or disagree with this proposal?

q q q q q

Strongly Agree Agree Neutral Disagree Strongly Disagree

Please explain

3. Do you support [specific question relating to the bylaw]?

2. Do you have any other comments?

Important: Submissions must reach the Council by 5 pm, Friday 5^th July 2019

Thank you for your submission.

Council

28 May 2019

DCC submission on the childcare allowance policy for elected members of local government

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to the Remuneration Authority (the Authority) on its proposed childcare allowance policy (Attachment B) for elected members of local government.

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council (DCC) submission to the Remuneration Authority on its proposed childcare allowance policy for elected members of local government.

BACKGROUND

2 The Remuneration Authority has received a considerable number of submissions from councils, groups of elected members and individuals requesting there be an allowance for childcare for elected members in local government while they attend to local authority business. In response, the Authority has drafted a new policy that gives councils the ability to provide a childcare allowance to elected members if individual councils choose to do so.

3 Submissions on the Authority’s draft childcare allowance policy are due 31May.

OPTIONS

Option One – Submit in support of a childcare allowance for elected members of local government

4 Approve the DCC submission to the Remuneration Authority on its proposed childcare allowance policy for elected members of local government.

Advantages

· Enables the DCC to support the inclusion of a childcare allowance for elected members as part of their remuneration rights.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not submit

5 Do not submit on the proposed childcare allowance policy for elected members of local government.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity for the DCC to support inclusion of a childcare allowance for elected members as part of their remuneration rights.

NEXT STEPS

6 If the Council approves the draft submission it will be sent to the Remuneration Authority for consideration.

Signatories

Author:

Hoani Yates - Policy Advisor

Authoriser:

Maria Ioannou - Corporate Policy Manager

Nicola Pinfold - Group Manager Community and Planning

Attachments

	Title	Page
⇩a	DRAFT DCC submission on Childcare Allowance policy	92
⇩b	Childcare Allowance Proposed Policy Paper	94

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This proposal 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	☐	☐	☒

There is no known contribution to the strategic framework

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. However, this could ensure a more representative council over time.

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

Financial implications are not known although costs could be in the order of $1,024 per eligible councillor per annum.

Significance

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

Engagement – external

There was no external engagement.

Engagement - internal

Councillor feedback was sought prior to the drafting of the submission letter.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Board members will be eligible for childcare allowance if Remuneration Authority proposal is approved.

Council

28 May 2019

Submission to the Minister of Conservation

Department: Legal

EXECUTIVE SUMMARY

1 The purpose of this report is to consider making a submission on the proposal for the Minister of Conservation to revoke delegations to every local authority for the management and use of reserves administered by local authorities under the Reserves Act 1977.

RECOMMENDATIONS

That the Council:

a) Decides to make a submission to the Minister of Conservation seeking that the Minister's delegations are not revoked.

b) Approves/Amends the content of the draft submission annexed as Attachment C.

BACKGROUND

2 The Minister of Conservation has delegated decision making authority for the use and management of reserves to Local Authorities to provide for locally based decision making concerning the reserves that are administered by the Council.

3 The Minister has written to the Council advising that the Minister is considering a proposal to revoke those delegations to Council. The Minister's correspondence is annexed as attachments A and B (nb the specified deadline in the Minister's correspondence has been extended).

4 The Minister has sought the Council's view on that proposal and has invited the Council to make a submission.

DISCUSSION

Strategic Context

5 The exercise of the Minister's delegations by Council is an important part of managing the use of reserves in accordance with the Parks and Recreation Strategy. The Strategy takes a partnership approach to delivering on the city’s recreation outcomes, with everyone working together to facilitate and secure a healthy and vibrant community now and into the future.

DCC Roles and Responsibilities

6 The DCC has a role and responsibility to manage parks and reserves, and to ensure that they are used appropriately. The DCC works alongside the legislative roles and responsibilities of the ORC and the Department of Conservation (DOC) to manage pests within the Dunedin City parks and reserves.

Key Points of DCC Submission

7 In general, the DCC submission supports the submission made by the Local Authority Property Association and Local Government New Zealand. It also provides further information about the benefits that come from the current delegation of authority and the likely complications that will arise for community groups if the delegations to Council are revoked. The submission also recommends a review of the Reserves Act 1977, and that the Minister's delegations be available to committees and officers to exercise.

OPTIONS

8 The Council can decide to make or not make a submission.

Option One – Recommended Option

9 Approve the draft submission, to the Minister with amendments, (if any) seeking a decision not to revoke the Minister's delegations to Council.

Advantages

· Enhances recreation outcomes for Dunedin City

· Aligns strongly with DCC strategic framework

· Supports collaboration with the Minister of Conservation on shared goals and responsibilities for recreation outcomes for the City.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Status Quo

10 Do not make a submission to the Minister.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to maintain and enhance recreation outcomes for Dunedin City for users of parks and reserves

· Missed opportunity to support collaboration with the Minister on shared goals and responsibilities for the City's parks and reserves.

NEXT STEPS

11 If the Council decides to make a submission, any amendments to the submission will be incorporated and referred to the Minister of Conservation for consideration prior to 4 June 2019.

Signatories

Author:	Kristy Rusher - Chief Legal Officer
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Minister's Letter to Dunedin City Council	107
⇩b	Minister's Proposal for Delegations to Dunedin City Council	109
⇩c	Draft Submission	116
⇩d	Otago Peninsula Community Board Comments	118

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision 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	☒	☐	☐

A decision to make a submission means that the Council has advocated for its community in a manner that gives effect to the strategic framework.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

Making a submission is considered to give effect to the principles of sustainability as it will contribute to the efficient and effective administration of the reserves that Council administers.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Making a submission has no implications for the Long Term Plan.

Financial considerations

Making a submission has no implications for the Council's finances.

Significance

The decision to make a submission is of low significance.

Engagement – external

There has been engagement on this issue with Local Government New Zealand and the Local Authority Property Association.

Engagement - internal

The advice of property officers and parks officers have been sought and incorporated into the submission content.

Risks: Legal / Health and Safety etc.

There are no known risks from the decision to make a submission.

Conflict of Interest

There are no conflicts of interest.

Community Boards

A letter from the Chairperson of the Otago Peninsula Community Board has been included as part of the draft submission.

Council

28 May 2019

Electronic Communications (Email Quarantine) Policy

Department: Legal

EXECUTIVE SUMMARY

1 The purpose of this report is to present a draft Electronic Communications (Email Quarantine) Policy for adoption.

2 A policy has been designed to protect staff and others with a DCC email address from inappropriate emails which are abusive, offensive, vulgar or intimidatory in content. This policy applies to emails received from anyone.

3 This policy supports the Council’s obligations under the Health and Safety at Work Act 2015 to protect staff well-being.

RECOMMENDATIONS

That the Council:

a) Approves the Electronic Communications (Email Quarantine) Policy.

BACKGROUND

4 Electronic messages with inappropriate content can have harmful consequences for the recipient, including stress and reputational damage where those emails are shared.

5 It is considered to be good practice to prevent the use of the Council's digital network for unreasonable conduct, such as inappropriate email content.

6 Council must also meet its obligations as a good employer by preventing harm to employees experiencing unacceptable consequences from receiving inappropriate electronic correspondence.

DISCUSSION

7 The purpose of this policy, Attachment A, is to ensure Council staff are protected from inappropriate email correspondence whilst ensuring Council has robust processes around the quarantining of emails. The policy makes transparent the manner in which inappropriate emails will be managed and sets out templates for clearly telling senders of inappropriate emails about the policy and the impact of breaching it. The policy also provides options that elected members may choose to adopt to protect themselves from such emails.

8 This policy will apply to all electronic correspondence to and from the domains that the Council controls and from all senders including staff, elected members and members of the public.

9 A policy for managing inappropriate email content has been adopted by Horowhenua District Council and is considered to be good practice. The proposed DCC policy is based on the Horowhenua District Council policy, which has received positive review by the Ombudsman.

10 Under the policy, following repeated sending of inappropriate content (defined in the policy and including abuse and inappropriate sexual imagery for example), a sender can be quarantined. Quarantining of emails will mean the redirection of all emails from that sender to a designated Privacy Officer for review. Emails will be passed on to the relevant staff member following review that the email is appropriate, or with redacted portions, or not passed on if abuse continues. In many ways this can be compared to the practice of envelopes being opened by a dedicated officer who can ensure the correspondence is stored appropriately and delivered to the intended recipient, which is current DCC practice. The Audit and Risk Subcommittee will be given information quarterly outlining any quarantining that has taken place.

OPTIONS

Option One – Recommended Option

11 It is recommended that Council approves the Electronic Communications (Email Quarantine) Policy.

Advantages

· Assists Council to ensure its health and safety obligations to staff, by protecting staff from unwanted, intimidatory or obscene email correspondence which may affect staff well-being.

· Assists Council to monitor and control email and ensure that Council’s email communications network is robust, and that staff time is appropriately used.

Disadvantages

· May contribute to email delivery delay.

Option Two – Status Quo

12 If Council does not approve this Policy, then the status quo remains.

Advantages

· No known advantages.

Disadvantages

· Does not contribute to protection of staff well-being.

· May increase the risk of exposing the Council to legal challenge, investigation or complaint by not taking all practicable steps to deal with email harassment and bullying of staff.

NEXT STEPS

13 If the recommended option is approved, the Chief Executive will forward the policy to the Ombudsman for review, as Horowhenua did. If any suggestions are made to change the policy, this will come back to Council. Meanwhile the policy will go into force.

14 The Council IT team will prepare to implement the policy and will make consequential updates for the other Council policies.

Signatories

Author:	Kristy Rusher - Chief Legal Officer
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Draft Electronic Communications (E-mail Quarantine) Policy	127

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables the Council to provide for the well-being of staff and elected members.

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 policy contributes to the Council ensuring that it takes all practicable steps to prevent harm to employees, volunteers, contractors and elected members who wish to use the policy.

Māori Impact Statement

No known impacts for tangata whenua.

Sustainability

No implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

There are no financial considerations.

Significance

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

Engagement – external

There has been no external engagement, however if the policy is adopted the Chief Executive will liaise with the Office of the Ombudsman as to the policy content.

Engagement - internal

The Policy has been developed by the Council’s Organisation Development and Performance, Human Resources and Legal Services Teams in consultation with Business Information Services Teams.

Risks: Legal / Health and Safety etc.

This policy contributes to managing its obligation to avoid harm from electronic communications. Adopting this policy therefore mitigates Council's legal risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no known implications for Community Boards.

Council

28 May 2019

New Zealand Masters Games Service Level Agreements and Statements of Intent

Department: Community and Planning

EXECUTIVE SUMMARY

1 This report presents the Statement of Intent (SOI) and Service Level Agreement (SLA) for the Dunedin (New Zealand) Masters Games Trust for approval.

2 The Dunedin (New Zealand) Masters Games Trust is a Council Controlled Organisation (CCO) but has historically been exempted from the standard reporting requirements of a CCO. However, the Trust Board voluntarily submits a Statement of Intent and Service Level Agreement, a Pre-Games report and Post Games report to Council biennially.

3 There have been minor changes to the SLA and SOI since those last approved in May 2017.

4 Changes made reflect the Festivals and Events Plan 2018 – 2023 adopted by Council in April 2018.

RECOMMENDATIONS

That the Council:

a) Approves the 2019 – 2021 Dunedin (New Zealand) Masters Games Trust Statement of Intent.

b) Approves the 2019 – 2021 Dunedin (New Zealand) Masters Games Trust Service Level Agreement.

BACKGROUND

5 The Dunedin (New Zealand) Masters Games Trust (the Trust) was established in 2007 primarily as a mechanism to attract external funding through grants funders and corporate sponsorship for the biennial New Zealand Masters Games held in Dunedin. Although the trust has an exempt status as a CCO, it still voluntarily meets the requirements of a CCO in terms of the reporting and accountability.

6 The New Zealand Masters Games is owned by the New Zealand Masters Games Company. Dunedin City Council is one of two franchisees for the Masters Games – the other being the Whanganui (New Zealand) Masters Games Trust. The Dunedin (New Zealand) Masters Games Trust and the DCC have secured the New Zealand Masters Games for Dunedin until the end of 2036, with the event held biennially.

7 The DCC has delegated the management and co-ordination of the Dunedin Games to the Dunedin (New Zealand) Masters Games Trust. The Dunedin Masters Games is the largest regularly occurring event in Dunedin. The Trust's objectives in managing the Games reflect the Council's Festivals and Events Plan in relation to attracting visitors, visitor nights and visitor expenditure, and the Council's goals relating to recreational activity and participation.

8 The Trust is dependent on funding from sources external to the Council for the successful financial management of the Games, so consequently much of its operational activity is focussed on securing Games funding as well as attracting competitors who contribute through a registration fee. The Games attract repeat visitors to Dunedin and participants report high levels of satisfaction with the event and their stay in Dunedin.

9 The 2020 Masters Games will be held in Dunedin from 1 – 9 February 2020.

DISCUSSION

Statement of Intent

10 A copy of the SOI is at Attachment A. The following changes have been made:

11 6.1 Performance Objectives and Measures of Performance

Updated the definition of a Premier Event to reflect the Festivals and Events Plan 2018 – 2023.

Previously the Festivals and Events Strategy defined a Premier Event as;

A festival or event that attracts a large audience and participation, generates significant economic wealth, and contributes to the positive national and international profile of the city. A premier festival or event will attract at least 5,000 visitor nights and/or will generate $1.0 million or more through direct visitor expenditure and will generate high levels of positive awareness. Elements of originality will be incorporated into premier events, although this may be as a result of their Dunedin location. Premier events will be supported by Tourism Dunedin and each will be able to be linked with Tourism New Zealand’s ‘What’s On’ campaign (or any future relevant international marketing campaign). A premier event may be a one-off event or may re-occur on an annual or biennial basis.

The new Festivals and Events Plan 2018 – 2023 defines a Premier Event as;

Targeted appeal but delivers significant visitor spend and national or international profile. 1,000-2,500 visitors, 2,000-10,000 visitor nights and/or $1m-$5m economic impact. Contributes to an exciting and vibrant city and delivers moderate economic benefits. Demonstrates manaakitanga and showcases Dunedin as a memorable and distinctive city to a high number of visitors and residents. Delivers media coverage, showing Dunedin as a compelling destination. Provides opportunities for innovation and/or enhances local creative industry participation. Provides opportunities for skills development among event industry employees and volunteers.

12 7. Financial

Budgeted targets have been updated to reflect the 2018/21 budget.^{^[1]}

No.	Target	Year ending 30 June 2019	Year ending 30 June 2020
7.1	Operating Surplus/Deficit	-$2,118	$3,618
7.2	Stakeholders funds	$93,700	$95,600
7.3	Return on equity	0%	0%

Service Level Agreement

13 A copy of the SLA is at Attachment B. The following changes have been made:

14 3. Outcome and Objectives of the Service Level Agreement

Updated the description to reflect the Festivals and Events Plan 2018 – 2023.

DCC funding for events including Dunedin (New Zealand) Masters Games is based on criteria outlined in the Dunedin City Council Festivals and Events Plan 2018 -2023 adopted by Council April 2018. Based on the economic contribution from estimated visitor nights, visitor expenditure and overall participation levels, the Dunedin (New Zealand) Masters Games falls into the category of Premier Event in the Festivals and Events Plan 2018-2023 however the funding is non-contestable.

OPTIONS

Option One – Council approves the SOI and SLA (Recommended Option)

15 Under this option, Council approves the SOI and the SLA which incorporate minor changes to reflect the Council’s Festivals and Events Plan 2018 – 2023.

Advantages

· The management and co-ordination of the New Zealand Masters Games would continue as previously agreed. The Masters Games continues to provide economic value and add to the profile of the city.

· There is a clear agreement in place which outlines the roles and responsibilities of the Dunedin (New Zealand) Masters Games Trust and staff involved in managing and coordinating the Games.

· There are clear lines of reporting to Council through the agreements with the Dunedin (New Zealand) Masters Games Trust.

Disadvantages

· No disadvantages have been identified.

Option Two – Council does not approve the updated SOI and SLA

16 Council does not approve the updated SOI and SLA for the Dunedin (New Zealand) Masters Games and the Trust operates without an updated SOI in place.

Advantages

· No advantages have been identified.

Disadvantages

· Masters Games will be operating with out of date documents.

NEXT STEPS

17 If the Council approves the recommendation, the Statement of Intent will be amended and continue to be implemented.

18 If the Council does not approve the recommendation, Council staff will work through a process with the Dunedin (New Zealand) Masters Games Trust to get an agreed SOI and SLA in place.

Signatories

Author:

Vicki Kestila - Master Games Manager

Authoriser:

Joy Gunn - Manager Events and Community Development

Nicola Pinfold - Group Manager Community and Planning

Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Statement of Intent 2019-21	149
⇩b	Service Level Agreement 2019-21	155

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 New Zealand Masters Games contributes to three of the Council's defined strategies and the vision Dunedin is one of the world’s great small cities. It also fits within the outcomes of the Festivals and Events Plan 2018 – 2023.

Māori Impact Statement

There has currently been no engagement with manawhenua in the organisation of the event. But organisers would like to see engagement with local Maori to encourage participation and engagement in the Games.

Sustainability

The Dunedin (New Zealand) Masters Games Trust has the franchise rights to host the biennial New Zealand Masters Game until the end of 2036.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The funding for Masters Games is included within the 10 Year Plan and Annual Plan.

Financial considerations

The Dunedin City Council guarantees to under-write the Dunedin (New Zealand) Masters Games should it be required.

Significance

The Statement of Intent and Service Level Agreement provide the Dunedin (New Zealand) Masters Games the direction and process required to run the biennial event in the city. The information within this report is assessed as low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

In the on-going planning of the New Zealand Masters Games the Games Manager regularly engages with; suppliers, funders, Sporting Organisations, Sporting Associations, service providers, volunteers, participants and other Masters Games organisers.

Engagement - internal

In undertaking the Games there is engagement with Property, Community and Planning and Executive Leadership Team. In-house Legal Counsel have provided advice regarding the SOI and SLA.

Risks: Legal / Health and Safety etc.

The New Zealand Masters Games implements its own Health and Safety policy and process in line with current legislation.

There are no legal risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Should the Council approve the Statement of Intent, Community Boards would be asked to promote the Masters Games to residents, as participants and spectators.

[1] Based on a draft budget yet to be approved by the Trust board

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

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