Notice of Meeting:

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

 

Date:                                                    Tuesday 27 August 2019

Time:                                                   1.00 pm

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

 

Sue Bidrose

Chief Executive Officer

 

Council

PUBLIC AGENDA

 

MEMBERSHIP

 

Mayor

Mayor Dave Cull

 

Deputy Mayor

Cr Chris Staynes

 

 

Members

Cr David Benson-Pope

Cr Rachel Elder

 

Cr Christine Garey

Cr Doug Hall

 

Cr Aaron Hawkins

Cr Marie Laufiso

 

Cr Mike Lord

Cr Damian Newell

 

Cr Jim O'Malley

Cr Conrad Stedman

 

Cr Lee Vandervis

Cr Andrew Whiley

 

Cr Kate Wilson

 

 

Senior Officer                                               Sue Bidrose, Chief Executive Officer

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

 

 

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

 


Council

27 August 2019

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Opening                                                                                                                                                                       4

2             Public Forum                                                                                                                                                              4

2.1       Public Forum - Seniors' Climate Action Network Wisdom of the Waterfront Development         4

2.2       Public Forum - Simon Fogarty/Chris Ford - Lime Scooters                                                           4

2.3       Public Forum - Anne Marie Parsons - Intercity Bus Hub                                                               4

2.4       Public Forum – Quentin Blair – Water Supply                                                                                  4

3             Apologies                                                                                                                                                                    4

4             Confirmation of Agenda                                                                                                                                        4

5             Declaration of Interest                                                                                                                                           5

6             Confirmation of Minutes                                                                                                                                    17

6.1       Ordinary Council meeting - 30 July 2019                                                                                         17  

Minutes of Committees

7             Toitū Otago Settlers Museum Board - 3 April 2019                                                                                  18

8             Toitū Otago Settlers Museum Board - 3 July 2019                                                                                    19

9             Infrastructure Services and Networks Committee - 5 August 2019                                                    20

10           Community and Culture Committee - 6 August 2019                                                                              21

11           Planning and Environment Committee - 6 August 2019                                                                         22

Minutes of Community Boards

12           Waikouaiti Coast Community Board - 19 June 2019                                                                                23

13           Mosgiel-Taieri Community Board - 26 June 2019                                                                                      24

14           Saddle Hill Community Board - 27 June 2019                                                                                             25

15           West Harbour Community Board - 21 August 2019                                                                                 26

Reports

16           Application to extend urban water supply area boundary and supply water to 309 Portobello Road               27

17           Mosgiel Memorial Park - Approval to Grant Easements in favour of 191 Gordon Road, Mosgiel                        37

18           Housing Action Plan for Dunedin 2019-2039 Update                                                                              46

19           Dunedin Town Hall - Proposed Formalisation of Reserves Status and Reserve Classification and Granting of Easement                                                                                                                                                                  52

20           Animal Services Annual Report to the Department of Internal Affairs                                              72

21           DCC submission on local Government Funding and Financing: Draft Report                                  81

22           Otago Regional Economic Development Framework                                                                               93               

Resolution to Exclude the Public                                                                                                                     154

 

 


Council

27 August 2019

 

1     Opening

Adrian Hindes (Chairman) and Martin Ginet, Dunedin Interfaith Council will open the meeting with a prayer.

2     Public Forum

2.1       Public Forum - Seniors' Climate Action Network
Wisdom of the Waterfront Development

Donna Peacock wishes to address the meeting concerning Wisdom of the Waterfront Development on behalf of SCAN (Seniors’ Climate Action Network)

2.2       Public Forum - Simon Fogarty/Chris Ford - Lime Scooters

Simon Fogarty and Chris Ford wish to address the meeting concerning Lime Scooters, their location and usage on behalf of the Foundation of the Blind and Disabled Persons.

2.3       Public Forum - Anne Marie Parsons - Intercity Bus Hub

Anne Marie Parsons, wishes to address the meeting concerning the Intercity Bus Hub.

             2.4       Public Forum – Quentin Blair – Water Supply – 309 Portobello Road

Quentin Blair wishes to address the meeting concerning the Application to extend urban water supply to 309 Portobello Road.

3     Apologies

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

4     Confirmation of agenda

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


Council

27 August 2019

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

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

 

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

 

3.         Executive Leadership Team Members’ are reminded to update their register of interests as soon as practicable.

 

RECOMMENDATIONS

That the Council:

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

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

c)     Notes the Executive Leadership Team Members’ Interest Register as Attachment B.

 

 

Attachments

 

Title

Page

a

Councillor Register of Interest

7

b

Executive Leadership Team Register of Interest

15

  



Council

27 August 2019

 

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Council

27 August 2019

 

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Council

27 August 2019

 

Confirmation of Minutes

Ordinary Council meeting - 30 July 2019

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 30 July 2019 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 30 July 2019 (Under Separate Cover)

 

 

  


Council

27 August 2019

 

Minutes of Committees

Toitū Otago Settlers Museum Board - 3 April 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Toitū Otago Settlers Museum Board meeting held on 03 April 2019

 

 

Attachments

 

Title

Page

a

Minutes of Toitū Otago Settlers Museum Board held on 3 April 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Toitū Otago Settlers Museum Board - 3 July 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Toitū Otago Settlers Museum Board meeting held on 03 July 2019

 

 

Attachments

 

Title

Page

a

Minutes of Toitū Otago Settlers Museum Board held on 3 July 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Infrastructure Services and Networks Committee - 5 August 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Infrastructure Services and Networks Committee meeting held on 05 August 2019.

 

 

Attachments

 

Title

Page

a

Minutes of Infrastructure Services and Networks Committee held on 5 August 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Community and Culture Committee - 6 August 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Community and Culture Committee meeting held on 06 August 2019

 

 

Attachments

 

Title

Page

a

Minutes of Community and Culture Committee held on 6 August 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Planning and Environment Committee - 6 August 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the Planning and Environment Committee meeting held on 06 August 2019

 

 

Attachments

 

Title

Page

a

Minutes of Planning and Environment Committee held on 6 August 2019 (Under Separate Cover)

 

   


Council

27 August 2019

 

Minutes of Community Boards

Waikouaiti Coast Community Board - 19 June 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 19 June 2019

 

 

Attachments

 

Title

Page

a

Minutes of Waikouaiti Coast Community Board held on 19 June 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Mosgiel-Taieri Community Board - 26 June 2019

 

 

gg

RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 26 June 2019

 

 

Attachments

 

Title

Page

a

Minutes of Mosgiel-Taieri Community Board held on 26 June 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

Saddle Hill Community Board - 27 June 2019

 

 

gg

RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Saddle Hill Community Board meeting held on 27 June 2019

 

 

 

Attachments

 

Title

Page

a

Minutes of Saddle Hill Community Board held on 27 June 2019 (Under Separate Cover)

 

  


Council

27 August 2019

 

West Harbour Community Board - 21 August 2019

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes minutes of the West Harbour Community Board meeting held on 21 August 2019

 

 

 

Attachments

 

Title

Page

a

Minutes of West Harbour Community Board held on 21 August 2019 (Under Separate Cover)

 

   


Council

27 August 2019

 

Reports

 

Application to extend urban water supply area boundary and supply water to 309 Portobello Road

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks the Council’s decision on an application to extend the urban water supply area boundary to include 309 Portobello Road and provide an ‘extraordinary’ water supply connection to this property.

2          The analysis in this report found that extending the urban water supply area boundary and providing an extraordinary water supply connection at 309 Portobello Road does not meet the Dunedin City Council’s strategic direction, risks setting a precedent and having a cumulative impact, is not technically feasible, and is not commercially beneficial to Dunedin or the DCC.

RECOMMENDATIONS

That the Council:

a)     Declines the application to extend the urban water supply area boundary to include 309 Portobello Road and provide an ‘extraordinary’ water supply connection to this property.

 

BACKGROUND

Property and application

3          The property at 309 Portobello Road is zoned Rural under the Operative Dunedin City District Plan (Operative Plan), and zoned Rural Residential 2 under the Second Generation District Plan (2GP). The site is subject to several appeals which means the relevant rules in both the Operative Plan and 2GP have effect. The property is located outside the boundaries of the urban water supply area defined in the Dunedin City Council Water Bylaw 2011 (the Bylaw) and is not charged for water supply by the DCC. The property is also self-serviced for wastewater disposal and is not charged the residential drainage rate. A map showing the property and the boundary of the urban water supply area is attached to this report as Attachment A.

4          In March 2019 the DCC received a written application for a change to the boundary of the water supply area to include 309 Portobello Road, so that the property could be connected to the metropolitan water supply for domestic water use. The application refers to health and hygiene concerns arising from the inability of 309 Portobello Road’s rainwater system to reliably meet demand for water.

5          The applicant has stated that the owner of a neighbouring property also wishes to connect to the metropolitan water supply. 

Water Bylaw 2011 and previous Council decisions

6          The Bylaw is the key regulatory tool for managing Dunedin’s water supply system. The Bylaw provides for reticulated water supply to properties within defined water supply areas, or beyond those areas to properties with residential zoning (where supply is possible). The Council, at its discretion and under certain conditions, may approve an existing or new out of zone water supply connection as an ‘extraordinary supply’. The Bylaw also provides for a committee of Council to add new water supply areas. These provisions are set out at clause 2 of the Bylaw, as shown below:

Except as specifically provided for in this Bylaw, no new connections will be permitted to properties lying outside these water scheme boundaries. The addition of any new water scheme areas shall be made by a committee of the Council.

Where a connection has been installed or located outside these water scheme boundaries, prior to 1 April 2011, being the date of adoption of amendments to this Water Bylaw, the Council at its discretion, may approve the connection as an “Extraordinary Supply”.

Where a Property is zoned rural but within urban water scheme boundaries and/or zoned residential but outside the water scheme boundary, the Council at its discretion may supply water as an “Extraordinary Supply”. If Council does not approve an Extraordinary Supply it is required to be disconnected.

7          On 26 July 2011 the Infrastructure Services Committee adopted a process to consider applications for new out of zone water connections and to formalise existing out of zone water connections.

8          For new applications, the feasibility and benefit to the city are considered for the following key factors:

a)         Strategic;

b)        Cumulative impact;

c)         Technical; and

d)        Commercial.

9          Between 2010 and 2014 the Council considered over 30 individual applications for out of zone water connections. The majority sought to formalise existing connections, all of which were approved. Water connections to some properties on Portobello Road that were in place prior to April 2011 have been formalised. Ten applications for new connections were also made, and two were declined. In 2014 the Infrastructure Services Committee approved an application to extend the water supply area boundary to include a new multi-lot, rural-zoned subdivision in Halfway Bush/Wakari that was considered an orderly expansion of an existing urban area and in-fill of land that could not reasonably be put to a rural use.

DISCUSSION

10        This application is for an extension of the urban water supply area boundary and provision of a new extraordinary water supply connection. If the urban water supply area boundary were to be extended, the connection would still be extraordinary due to the property’s rural zoning.  The analysis in this report applies the four key factors considered for new connections. Staff consider these factors are also the relevant factors to be considered for applications to extend the water supply area boundary. The feasibility and benefit to the city of approving this application are considered in accordance with the four key factors below. The other circumstances raised by the applicant are also considered.

Strategic considerations

11        Extending the urban water supply area boundary and providing a new extraordinary connection for a Rural/Rural Residential property that would not otherwise be entitled to water supply does not align with the objectives of Dunedin’s strategic framework.

Spatial Plan and Operative Plan/2GP

12        Ad-hoc connections of individual properties to reticulated services do not align with the overall urban form objective of Dunedin’s Spatial Plan or the zoning intent of the Operative Plan and 2GP. The overall urban form objective of the Spatial Plan is a “compact city with resilient townships”. The Operative Plan and 2GP endeavour to protect the environment while providing for the social, cultural and economic well-being of current and future generations. Land use is controlled through zoning. Zoning identifies suitable locations for different types of activities to be established subject to meeting appropriate performance standards, including infrastructure requirements.

13        Rural and Rural Residential zone requirements seek to protect rural productivity and amenity. No connection to the DCC’s water or wastewater infrastructure is necessary for properties in these zones as self-servicing is considered appropriate in the rural environment. In general, provision of a reticulated water supply can lead to intensification of development and expectations for additional services such as wastewater, street lighting or kerb and channelling, and an associated loss of rural land and amenity.

14        The zoning approach ensures the DCC’s investment in infrastructure is concentrated into specific areas, enabling a cost-effective and sustainable approach to managing infrastructure while curbing inappropriate expansion. Fringe development puts unplanned pressure on existing infrastructure and diverts capacity allocated for development on appropriately zoned land.

15        Variation 2 to the 2GP was initiated by Council on 12 February 2019. Variation 2 is focused on the provision of additional urban development capacity areas (serviced land) to meet Dunedin’s future housing needs. This will require an infrastructure capacity assessment and the identification of future infrastructure works to enable urban development. Any expansion of residential zoned land, which would require the urban water supply boundary to be extended will be considered through this process.

3 Waters Strategy

16        The 3 Waters Strategic Direction Statement 2010-2060 (3 Waters Strategy) identifies seven key strategic priorities, including: “We will meet the water needs of the city for the next 50 years from existing water sources.” The ability of the DCC to achieve this priority was based on forecast demand within the boundaries of the water supply areas defined in the Bylaw. Cumulative extensions of the water supply area boundary to facilitate new extraordinary water supplies are unanticipated and may compromise the DCC’s ability to meet the city’s water needs from existing sources.

Other strategic considerations

17        A holistic, city-wide assessment of where the DCC might expand provision of 3 Waters services is the fairest and most appropriate way to address new requests for servicing. Scoping work has begun on a review of the DCC’s 2007 water and sanitary services assessment, which will assess servicing requirements across the entire city. In addition, extraordinary out of zone connections are being considered as part of the current review of the Water Bylaw 2011. 

Cumulative impact

18        Extending the urban water supply area boundary and supplying water to a property in the Rural/Rural Residential zone sets a perceived precedent that may increase expectations from other property owners on Dunedin’s urban fringes for water supply. This could have a cumulative impact.

19        As noted above, the fairest and most appropriate way to address new requests for servicing is through a holistic, city-wide assessment of servicing needs and arrangements. Several pieces of work on this are underway.

Technical considerations

20        Water supply connections for individual properties are typically made to a DCC reticulation main located in road reserve adjacent to the property boundary. As 309 Portobello Road is outside of the urban water supply area, there is no DCC reticulation main near the property boundary. The nearest suitable DCC reticulation main is approximately 480 metres away from 309 Portobello Road. Extending this main and therefore the urban water supply area boundary to supply water to 309 Portobello Road poses significant technical challenges.

21        Installing new underground services in Portobello Road is complicated by difficult ground conditions, including the presence of historic rock walls. Installing new underground services in Portobello Road would also involve further lane closures in a section of road that has been significantly impacted by works on the Peninsula Connection project.

22        Connecting 309 Portobello Road to any DCC reticulation main without installing new underground services in Portobello Road would require the DCC and/or the applicant to seek easements to allow the installation of a pipeline across private property, and may involve works in landslide-prone sections of hillside between Highcliff and Portobello Roads.

Commercial considerations

23        Rough order cost estimates install the services required to establish a compliant point of supply for 309 Portobello Road are in the hundreds of thousands of dollars. While installation of a new reticulation main would enable the DCC to charge water supply rates on an additional property (or two properties if the neighbouring property was also granted a connection), the rates revenue would not justify the capital cost of installing the new pipeline and the ongoing costs of operating it.

24        Extending the urban water supply area boundary and supplying water to 309 Portobello Road is not commercially feasible and is not commercially beneficial to Dunedin or the DCC.

Other considerations

25        The application states the current rainwater system at 309 Portobello Road cannot reliably meet the demands of a family of five for water, giving rise to health and hygiene concerns.  Staff have suggested the applicant investigate other water supply options to address these concerns, including installation of a larger water storage tank, and/or the delivery of water via a registered water carrier. These options are considered appropriate for properties in Rural/Rural Residential zones.

OPTIONS

26        The Council must determine whether to approve or decline the application to extend the urban water supply area boundary to include 309 Portobello Road and provide an ‘extraordinary’ water supply connection to this property.

Option One – Decline the application (Recommended Option)

 

27        Decline the application to extend the urban water supply area boundary to include 309 Portobello Road and provide an ‘extraordinary’ water supply connection to this property. Consider expansion of residential zoned areas and servicing through holistic, city-wide processes such as 2GP processes, review of the DCC’s 2007 water and sanitary services assessment and review of the Water Bylaw 2011.

Advantages

·        Supports the DCC’s strategic objectives.

·        Consistent with the intent of the Water Bylaw 2011, the Operative Dunedin City District Plan and the Second Generation District Plan.

·        Avoids contributing to cumulative impacts on Dunedin’s urban water supply system.

·        Servicing needs are considered on a holistic, city-wide basis, in line with Dunedin’s strategic objectives.

Disadvantages

·        The applicant is unlikely to be satisfied with the decision, as they will continue to be responsible for managing the water supply needs for their home.

·        The decision may be considered inconsistent with previous decisions of Councils to approve ‘extraordinary’ water supply connections. This includes formalising irregular/out of zone water connections to nearby properties, however these properties had existing connections prior to April 2011 and so were assessed under different criteria.

Option Two – Approve the application

28        Approve the application to extend the urban water supply area boundary to include 309 Portobello Road and provide an ‘extraordinary’ water supply connection to this property. Provide an extraordinary water connection to 309 Portobello Road, subject to the terms and conditions of the Water Bylaw 2011, including that the customer will pay the required fees and charges, and will install a reduced pressure zone (RPZ) backflow prevention device.

Advantages

·        The applicant will be satisfied with the decision, as they will receive a reticulated water supply for domestic purposes.

Disadvantages

·        Inconsistent with the DCC’s strategic objectives.

·        Inconsistent with the intent of the Water Bylaw 2011, the Operative Dunedin City District Plan and the Second Generation District Plan.

·        Contributes to cumulative impacts on the water supply network.

·        Sets a perceived precedent that may increase expectations from other property owners on Dunedin’s urban fringes for water supply.

·        Cost impact to the DCC to install infrastructure to enable a connection outweighs the payment for services received and is not budgeted for.

·        Requires further road works on Portobello Road.

NEXT STEPS

29        The applicant will be informed of the Council’s decision.

30        Should the Council approve the application, the DCC will need to undertake further work to design, cost and build the new infrastructure required to enable a compliant point of supply for 309 Portobello Road. Connection will be subject to payment of the appropriate fees and charges by the applicant.

 

Signatories

Author:

Scott Campbell - Policy Analyst

Authoriser:

Zoe Moffat - Planning Manager

Simon Drew - General Manager Infrastructure Services

Attachments

 

Title

Page

a

Map: 309 Portobello Road, urban water supply area boundary and water supply network infrastructure

35

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

Declining the application promotes the economic, social and environmental well-being of communities in the present and for the future by promoting the objectives of Dunedin’s 3 Waters Strategy and Spatial Plan, and the zoning intent of the Operative Dunedin City District Plan and 2GP. 

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

Out of Zone connections are contrary to the objectives of the 3 Waters Strategy and Spatial Plan.

Māori Impact Statement

Declining the application has no known impacts for tangata whenua.

Sustainability

Declining the application supports the long-term sustainability of Dunedin’s water supply system.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The Infrastructure Strategy, Annual Plan and 10 year plan does not provide for out of zone connections.

Financial considerations

Declining the application does not have any financial implications.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

3 Waters and City Development staff contributed to the preparation of this report.

Risks: Legal / Health and Safety etc.

There are no known risks. 

Conflict of Interest

No conflicts of interest have been identified.

Community Boards

The proposed connection is in the Otago Peninsula Community Board area.

 

 


Council

27 August 2019

 

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Council

27 August 2019

 

 

Mosgiel Memorial Park - Approval to Grant Easements in favour of 191 Gordon Road, Mosgiel

Department: Parks and Recreation and Legal

 

 

 

 

EXECUTIVE SUMMARY

1          This report discusses an application by Gene and Dalise Sanderson, owners of 191 Gordon Road, for the grant of easements to drain sewage over part of the Mosgiel Memorial Park and recommends the easements be granted. The easements are to enable the owners to connect into the existing Council foul sewer that is located within the Mosgiel Memorial Park.  The easement requirement is a condition of the resource consent for the two-lot subdivision of 191 Gordon Road, Mosgiel. 

2          The Council is making two decisions.  First a decision in its capacity as the administering body of Mosgiel Memorial Park which is a recreation reserve subject to the Reserves Act 1977 and second, a decision to exercise the Minister of Conservation’s delegation.

RECOMMENDATIONS

That Council:

a)     Acting in its capacity as the administering body of the Mosgiel Memorial Park pursuant to the Reserves Act 1977:

i)          Grants easements to drain sewage over part of Mosgiel Memorial Park located at 187D Gordon Road, Mosgiel, being Lot 1 DP 9385 as shown marked ‘C’ and ‘D’ on Plan No. M2135/1, Rev A, in favour of 191 Gordon Road, Mosgiel being Lot 11, Block V Deposited Plan 3697, Record of title OT370/19, subject to the conditions outlined in this report.

ii)         Approves waiving the annual rental for use of the reserve.

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

b)     Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of easements to drain sewage over part of Mosgiel Memorial Park located at 187D Gordon Road, Mosgiel, being Lot 1 DP 9385 as shown marked ‘C’ and ‘D’ on Plan No. M2135/1, Rev A, in favour of 191 Gordon Road, Mosgiel being Lot 11, Block V Deposited Plan 3697, Record of title OT370/19, subject to the conditions outlined in this report.

 

BACKGROUND

3          Mosgiel Memorial Park (the Park) is a community reserve subject to the Reserves Act 1977, classified for recreation and vested in the Council.  A 150 mm Council foul sewer runs through the Park.  Several existing foul sewer connections from Gordon Road properties connect to the sewer. 

4          The Council foul sewer line lies approx. 8 - 9 metres from the north-east boundary of 191 Gordon Road. 

5          The Sandersons received consent on 30 July 2019 to subdivide 191 Gordon Road into two lots (SUB 2019-64).  The consent contemplated that private sewage drains would be laid across the Park to connect into the Council’s existing foul sewer, as this was considered by the Council’s planning officers to be the most appropriate way of providing for the drainage of sewage.

6          An existing private foul sewer pipe over the Park connects the original dwelling at 191 Gordon Road (new Lot 1) to the Council foul sewer.  There is no registered easement for this sewer connection.

7          New Lot 2 will require a separate foul sewer line over the Park to connect to the Council foul sewer and will require an easement for this connection.

8          The new private sewer line will run parallel to and approximately 1m north of the existing private sewer line.  Refer to Attachment A.

9          The development has not yet been undertaken so the new foul sewer is not constructed. In recognising this, the decision in SUB 2019-64 at condition 2. requires that prior to certification of the survey plan, pursuant to Section 223 of the Resource Management Act 1991 (RMA), the consent holder must ensure service easements [are] provided where any private wastewater laterals cross property boundaries in favour of the property they service.

10        For avoidance of doubt, the decision further states; “this includes easements for Lot 2; and for Lot 1 over Lot 2, to connect wastewater laterals to the existing foul sewer located within Memorial Park”.

11        Prior to Section 224 RMA certification being granted, the Sandersons will be required to register the easements in line with Council’s approval.  

12        To provide certainty to the Sandersons, the applicant is seeking approval of the Council, as the administering body of the reserve and as the Minister of Conservation’s delegate, to the grant of easements to drain sewage pursuant to Section 48 of the Reserves Act 1977. 

DISCUSSION

Council as the administering body

13        The Council, in its capacity as administering body of the reserve, has the responsibility for ensuring compliance with the requirements of the Reserves Act 1977 and to consider the merits of the request for a grant of easements.

Reserves Act 1977

14        Section 48 of the Reserves Act 1977 provides the statutory authority for the grant of easements to drain sewage over reserves.

15        Section 48 of the Reserves Act 1977 requires public notification of the intention to grant an easement unless it can be demonstrated that:

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

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

16        The existing private foul sewer connection from 191 Gordon Road has been in existence for more than 30 years, while the new private foul sewer connection is yet to be completed. Those installation works will require the affected Park ground to be reinstated.  The effects on the Park of any future maintenance or repairs to the private sewers will be temporary, and the costs will not be borne by Council. 

17        The installation of the new private foul sewer will not permanently damage the surface of the Park and public use of the Park will be generally unaffected.

18        Section 48 of the Reserves Act 1977 empowers the reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act and the consent of the Minister of Conservation.  The Minister of Conservation has delegated powers of consent to the Council, without limitation, under instrument of delegation dated 12 June 2013.

Reserve Management Plan General Policies

19        The Reserve Management Plan General Policies (March 2005General Policies) provides for easements to be granted over reserves if they do not prevent the use of the reserve for its primary purpose which in this instance is recreation.   They also require an assessment of alternative pipe locations and why these cannot be used. 

a)         The Council’s 150mm foul sewer line lies approx. 8m inside the Park from the rear boundary of 191 Gordon Road.  The only practical option available to the owners of 191 Gordon Road is to continue to drain sewage to the Council foul sewer via pipelines under the Park.  

b)        The existing 150mm Council foul sewer limits future development over the part of the Park it occupies, as do the existing private sewage pipes that connect other adjacent Gordon Road properties to Council’s foul sewer.  The addition of a new underground pipe from 191 Gordon Road will not create any lasting impacts on the Park or limit the public’s use of the Park beyond those that already exist.  As the sewers are below ground, public use of the Park is unaffected. 

20        The General Policies recommend a maximum term equivalent to the useful life of the asset and state that easements in perpetuity “will not be granted”. The Council could grant the easement for the life expectancy of the pipes (100 years); however, until the Council foul sewer is relocated, the need for these private connections will remain. Accordingly, an easement in perpetuity is recommended.

21        The General Policies provide for the owners of privately-owned underground facilities to pay a fee as a yearly rental to recognise the private benefit gained from use of a public reserve. If the facilities are owned by Council, the General Policies provide for the yearly rental to be waived on the recommendation of Council. Council has not charged for other private connections to this particular foul sewer.

Easement terms and conditions

22        The proposed key elements of the easement would include:

Statute                          Granted pursuant to section 48 of the Reserves Act 1977 and        Schedule Four of the Land Transfer Regulations 2002.

Grantee                        Dunedin City Council           

Subject Land               Lot 1 DP 9385

Dominant Land          Lots 1 and 2 being a proposed subdivision of Lot 11 Block V DP 3697

Purpose                        Right to drain sewage

Term                              In perpetuity 

Rental                            Nil

 

Merits of proposed easements

23        It is considered that the proposed easements are unlikely to cause significant impact to the use of the Park as a recreation reserve but would legalise the services for the properties at 191 Gordon Road as required by the resource consent for that subdivision.

Council as the Minister of Conservation’s delegate

24        The Council, as the Minister of Conservation’s delegate, has a supervisory role in ensuring that the decision on whether or not to grant the easements has been arrived at in compliance with the requirements of the Reserves Act 1977.  In particular, the Council as the Minister’s delegate, needs to be satisfied that the status of the land has been correctly identified, that there is statutory power to grant the easements, that the necessary statutory processes have been followed, that the classification has been appropriately considered, and the decision is a reasonable one.

OPTIONS (Acting as administering body of Mosgiel memorial Park)

Option One – Recommended option 

25        Council, acting as the administering body of Mosgiel Memorial Park, grants easements for the drainage of sewage across parts of the Mosgiel Memorial Park recreation reserve on the terms and conditions outlined in this report.

Advantages

·        The proposed easements are unlikely to significantly impact the use of the reserve

·        Satisfies resource consent condition

·        Facilitates asset management processes.

Disadvantages

·        There are no material disadvantages. Although the reserve will have additional in- ground infrastructure, potentially restricting future development of this area of the reserve, this is not seen as being material given the location of other existing infrastructure within the vicinity, and the fact that the services will be underground.

Option Two – Status Quo

26        Do not grant easements to drain sewage across parts of the Mosgiel Memorial Park recreation reserve

Advantages

·        No material advantages

Disadvantages

·        Does not satisfy the conditions contemplated in the approved resource consent

·        Does not facilitate asset management

 

OPTIONS (ACTING UNDER DELEGATION FROM THE MINISTER OF CONSERVATION)

Option One – recommended option

27        As Council exercising its delegated legislative power, consent to the grant of easements to drain sewage across parts of the Mosgiel Memorial Park recreation reserve upon the terms and conditions outlined in this report.

Advantages

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

Disadvantages

·        There are no material disadvantages.

Option Two – Status Quo

28        Do not consent to the grant of the easements to drain sewage across parts of the Mosgiel Memorial Park recreation reserve

Advantages

·        No material advantages

Disadvantages

·        To take this option, the Council (as the Minister’s delegate) would need to determine the reasons that the Reserves Act 1977 has not been fully complied with and/or the decision to grant the easements is not a reasonable one.

NEXT STEPS

29        If Council consents to granting the easements to drain sewage and is satisfied the legislative requirements are met, the installation of the private sewer lines will be arranged, and the survey of these pipelines undertaken to enable the easement documents to be prepared for execution.

30        All costs associated with the installation, survey and legal costs associated with the formalisation of these easements will be met by the applicants.

Signatories

Author:

Owen Graham - Leasing and Land Advisor

Karilyn Canton - Senior In-House Legal Counsel

Authoriser:

Robert West - Group Manager Parks and Recreation

Attachments

 

Title

Page

a

Plan showing proposed Easements for 191 Gordon Road, Mosgiel

45


 

 

 

 

 SUMMARY OF CONSIDERATIONS.

 

 

Fit with purpose of Local Government

This decision relates to providing local infrastructure to existing and new dwellings and 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

 

Ensuring on going access to public assets is considered good asset management practice

 

 

Māori Impact Statement

No known impacts for Tangata Whenua

 

 

Sustainability

An appropriately developed and maintained sewage system contributes to social, economic and environmental sustainability.

 

 

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP or the Annual Plan.  There are no implications for current levels of service or performance measures. 

The proposal is consistent with the Infrastructure Strategy.

 

 

Financial considerations

The applicant is meeting the costs of installation, survey and preparing and executing the easement documentation.  On-going maintenance of the private sewer pipes will be the responsibility of the easement owners.

 

 

Significance

The decision has been assessed as being of low significance being an administrative function.

 

Engagement – external

The original resource consent was not publicly notified.  No other external consultation has been undertaken.

 

 

Engagement - internal

Water and Waste Services and Parks and Recreation were consulted as part of the resource consent process. The Council’s Senior In-House Legal Counsel has provided advice in relation to the Reserves Act requirements.

 

Risks: Legal / Health and Safety etc.

There are no material risks associated with the decisions.

 

 

Conflict of Interest

There are no known conflicts of interest.

 

 

Community Boards

The Mosgiel Community Board Chair has been advised of the proposal and has not raised any concerns about the proposal.

 

 

 


Council

27 August 2019

 

 

 



Council

27 August 2019

 

 

Housing Action Plan for Dunedin 2019-2039 Update

Department: Community and Planning

 

 

 

 

EXECUTIVE SUMMARY

1          At its meeting on 6 May 2019 Council agreed to take stewardship of the Mayor’s Taskforce for Housing (MTFH) Housing Action Plan for Dunedin 2019-2039.  This report highlights some of the work carried out by DCC staff to date.

RECOMMENDATIONS

That the Council:

a)     Notes the Mayor’s Taskforce for Housing (MTFH) Housing Action Plan for Dunedin 2019‑2039 Update.

 

 

BACKGROUND

2          MTFH was formed at the Council’s request in late April 2018 to assist in better identifying and addressing the city’s housing issues. The MTFH was a multisector group representing the Council, community housing providers, social service agencies, government departments, public health, commercial property managers and Rūnaka.  An interim report was provided to Council on 26 November 2018.

3          The MTFH ratified the Housing Action Plan (the Plan) for Dunedin 2019 – 2039 at its final meeting on 15 April 2019. The Plan provides 16 actions under the themes of: Healthy Housing, Promote Healthy Homes across all tenures; Planning, Leadership to Deliver Community Outcomes; and Delivery, Building Homes to Meet Community Need.  The actions highlight areas the Council, central government and other stakeholders need to focus on to adequately address housing needs within the city.

4          At the 6 May 2019 Council meeting, the following resolution was passed:

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a)        Adopt the actions outlined within the Mayor’s Taskforce for Housing; Housing Action Plan for Dunedin 2019-2039.

b)        Decides to take a stewardship role in implementing and advocating for the Housing Action Plan for Dunedin 2019-2039 and requests staff to undertake further work to develop a detailed work programme by September 2019.

c)         Supports the inclusion of $130,000 per annum in the Draft Annual Plan for the next two financial years, to coordinate and implement DCC-related actions in the Housing Action Plan for Dunedin 2019-2039, for further consideration by Council at the Annual Plan deliberations.

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, Andrew Whiley, Kate Wilson and Dave Cull (12).

Against:         Cr Lee Vandervis (1).

The division was declared CARRIED by 12 votes to 1

 

Motion carried (CNL/2019/001)

 

5          The MTFH called upon all stakeholders with an interest / responsibility for housing to work collaboratively on actions to address the city’s current and future housing issues.  It also advocated for Council to steward the implementation of the Housing Action Plan for Dunedin.

DISCUSSION

6          The 16 actions within the Plan are intended to guide key stakeholders, Council and the wider community in meeting the city’s long-term housing needs. 

7          Some actions within the Plan are multi-layered; ranging from advocacy to substantial pieces of work such as a Housing Needs Assessment and scaling up community housing trust provision.  There are 50 individual actions identified in the Plan that involve Council, central government and other partners.

8          In the three months since the Plan was adopted the following actions have either been completed or started for reporting purposes.  These are divided into operational and strategic actions.

Operational Actions

9          Through the Annual Plan budget, DCC continues to invest in the Cosy Homes Charitable Trust for both its administration and subsidy of insulation.  The Warm Dunedin Targeted Rate programme will continue to be advertised as an option for those who do not meet the Energy Efficiency Conservation Authorities scheme.

Developers meeting

10        On 13 June the DCC Property Group hosted a Public Housing Development Forum with developers, land owners, staff from the Ministry of Housing and Urban Development (MHUD), and the Ministry of Social Development (MSD).  The meeting aimed to link developers and land owners with Community Housing Providers (CHPs) to increase public housing within Dunedin.  At the forum the roles of central and government were explained, and an update provided on the Second-Generation District Plan (2GP).

Second Generation District Plan (2GP)

11        The City Development team have commenced work on Variation 2 to the 2GP to increase residential development capacity. This project is looking at a wide range of options to enable further housing. These include identifying new ‘greenfield’ areas to apply residential zoning, allowing more housing in existing residential areas (intensification), changing rules / performance standards to encourage or increase the feasibility of residential development, and any other actions identified as appropriate. Staff are getting ongoing input from developers and housing providers on draft options.

12        Staff are also developing further information to feed into growth planning. Consultants have started work on a housing preferences survey and infrastructure capacity modelling, while a request for proposals is currently underway for developing new population projections.

New staff positions

13        With the adoption of the Housing Action Plan, resources allocated in the 2019/20 budget will be used for the establishment of two part-time roles within the DCC. A navigator position of provide a ‘green carpet’ approach for developers was requested by the MTFH. A Project Coordinator role will have oversight of the over 50 actions identified in the Plan. It is expected the roles will be advertised by the end of August.

Meetings with Developers

14        Staff continue to make themselves available to developers for pre-application meetings and general advice. The new ‘navigator’ position will coordinate these with staff from planning and infrastructure teams once this person is appointed. 

Strategic Actions

Submissions

15        The Policy Team Coordinated a submission on the bill to establish Kāinga Ora - Homes and Community. The legislation establishing Kāinga Ora (previously urban development agency) is currently before Select Committee. Kāinga Ora will consolidate Housing New Zealand, its development subsidiary HLC, and parts of the KiwiBuild Unit to ensure its development capability, and will continue Housing New Zealand’s existing role as a public landlord.

16        The DCC submitted in favour of the new crown entity. Key points include climate resilience in urban development goals, and work with local government as a partner.

17        It is proposed that Kāinga Ora receive a range of statutory powers better enabling development when undertaking large-scale, complex projects at scale and pace.  These have been called ‘specified development projects’. The legislation that will give Kāinga Ora these statutory powers will be introduced to Parliament later this year.

18        Further to this Council also submitted to the Building System Legislative Reform Programme. The five key areas of change highlighted in the June submission were: Building products and methods; Occupational regulation; Risk and liability; Building levy; Offenses, penalties and public notification.

OPTIONS

19        There are no options. 

NEXT STEPS

20        Staff will continue to work with external stakeholders to implement the actions set out within the Housing Action for Dunedin 2019 – 2039 and will provide regular updates to the new Council on progress.

 

Signatories

Author:

Paul Coffey - Community Advisor

Authoriser:

Joy Gunn - Manager Events and Community Development

Sandy Graham - General Manager City Services

Attachments

There are no attachments for this report.


 


SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

This decision promotes the social well-being of communities in the present and for the future.

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 Housing Action Plan set outs key actions to meet the city’s housing needs, which align primarily with the Social Wellbeing, Spatial Plan and 3 Waters Strategies. The recommendations also align with the Economic Development and Integrated Transport Strategies.

Māori Impact Statement

Mana Whenua were represented on the MTFH to keep all parties informed.  Maori and Pasifika peoples are identified as being over represented within the group needing public housing.

Sustainability

Ensuring there is adequate healthy housing which meets the needs of all residents means the city can sustain residents’ quality of life, economically, socially and from a health perspective.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no financial implications to this report. Funds were allocated in the 2019-2021 budgets.

Financial considerations

There are no financial implications to this report.

Significance

The significance of this update report is assessed as low in terms of Council’s Significance and Engagement Policy.

Engagement – external

For this report there has been no external engagement, although in implementing the Housing Action Plan actions staff are in discussions with developers, land owners and central government organisations.

Engagement - internal

An internal housing group has been convened and meets monthly. The group includes staff from Building Services, Property, Planning, Policy, Enterprise Dunedin, Customer Services, and Community Development.  Members of this group have contributed to the work and report.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no specific implications for Community Boards, although the actions are likely to be interest to Community Boards; in particular Boards which identified housing as a key local issue.  

 

 


Council

27 August 2019

 

 

Dunedin Town Hall - Proposed Formalisation of Reserves Status and Reserve Classification and Granting of Easement

Department: Property

 

 

 

 

EXECUTIVE SUMMARY

1          The land status and history of acquisition for the Dunedin Town Hall has been researched and it has been concluded that the land became a Reserve under historic legislation.  The requirement to formally record the Reserve status on the Record of Title was not necessary at that time.

2          This report recommends that the Record of Title be updated to note that the land is subject to the Reserves Act 1977, and that the land be classified as Local Purpose (Municipal and Entertainment) Reserve.

3          In addition, there is an easement over part of the Dunedin Town Hall land that needs to be granted under the Reserves Act.

4          The Council acts in its role as administering body and on behalf of the Minister of Conservation under instrument of Delegation dated 12 June 2013 in the decision-making process.

5          It is intended that both matters be dealt with in this report under two separate headings:

·        Reserve land status and classification

·        Easement – right to convey and transform electricity

RECOMMENDATIONS

That the Council:

a)     Resolves that pursuant to Section 16(1) of the Reserves Act 1977, that the Reserve known as the Dunedin Town Hall be classified as Local Purpose (Municipal and Entertainment) Reserve being 4516 square metres more or less described as Lot 1, Deposited Plan 17134 all Record of Title OT8C/787.

b)     Notes that public notification for the classification of the Reserves known as the Town Hall is not required.  There are exemptions under Sections 16(5)(a) and (b) of the Reserves Act 1977, the classification proposed is the same as the purpose for which the reserve was held and administered immediately before the commencement of the Reserves Act 1977; and under the District Plan, designation D617 includes the use as Municipal Chambers respectively.

c)     Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 16(1) of the Reserves Act 1977 that the Reserve known as the Dunedin Town Hall be classified as Local Purpose (Municipal and Entertainment) Reserve being 4516 square metres more or less described as Lot 1, Deposited Plan 17134 all Record of Title OT8C/787.

d)     Grants, as administering body of the Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the right to convey and transform electricity over that part of the Reserve shown as A on Deposited Plan 494034 legally described as part Lot 1, Deposited Plan 17134 part Record of Title OT8C/787.

e)     Decides the criteria for exemption for public notification of the granting of the easement in gross to Aurora Energy Limited for the right to convey and transform electricity has been met.

f)     Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, grants an easement in gross to Aurora Energy Limited for the right to convey and transform electricity over that part of the Reserve shown as A on Deposited Plan 494034 legally described as part Lot 1, Deposited Plan 17134 part Record of Title OT8C/787.

 

 


 

dunedin town hall – land status and proposed classification

BACKGROUND

6          The majority of the Dunedin Town Hall (“Town Hall”) is contained in Record of Title (RT) OT8C/787 and was vested in The Dunedin City Council via an historic ordinance in 1867.

7          Various other historic legislative actions affected the land and the conclusion reached is that the land is a Class I reserve as a site of market under the Public Reserves and Domain Act 1908.

8          Under current statute this translates to a land status of Reserve subject to the Reserves Act 1977 (“the Act”).  For more specific details, please refer to Attachment A, a land status report undertaken by Wilkinson Rodgers.

9          The current Record of Title does not reflect the Reserve status, and a request to the Registrar General of Land, Land Information New Zealand (LINZ) is required to ensure “subject to the Reserves Act 1977” is noted on the RT.

DISCUSSION

10        It has been identified that the current RT for the Town Hall does not reflect a land status of Reserve.  It is proposed to rectify this by putting a request through to the Registrar General of Land, LINZ.

11        Further to this under Section 16 of the Act all reserves shall be classified to ensure the control, management, development, use, maintenance and preservation of the Reserve.  For reserves that are vested in Council, it is the classification of the reserve that empowers Council to undertake the day-to-day detail of management.

12        Reserves that are not classified are required to be administered for the purpose they had prior to 1 April 1978 until they are classified.

13        The Town Hall is currently used for municipal purposes such as Council meetings and functions as well as an entertainment venue.  DVML hire out the spaces within the Town Hall for functions.  The Metro Cinema located on Moray Place that is part of the Town Hall complex also provides entertainment to the public.

14        A classification for the Reserve land upon which the Town Hall is situated of Local Purpose (Municipal and Entertainment) Reserve confirms the current use.

 

Statutory Information and Advice

Reserve Classification

15        The status of the land upon which the Dunedin Town Hall is situated has been researched and it has been revealed that the land is a Reserve subject to the Reserves Act 1977.  See Attachment A for these details.

16        Under Section 16 of the Reserves Act 1977 there is a mandatory requirement for all Reserve land to be classified.  Section 16(1) of the Act allows for the control, management, development, use, maintenance and preservation of reserves for their appropriate purpose.

17        The Reserve is currently held as a market under historic legislation.

18        Pursuant to Section 16 of the Act and in order to reflect the current use of the Reserve which is municipal and entertainment, it is proposed to classify the Reserve for that purpose.

Local Purpose Reserves

19        Section 23 of the Act allows for the classification of an area of Reserve suitable for a specified local purpose for providing and retaining areas for such local purpose or purposes as are specified in any classification of the reserve.

Public Notification

20        Section 16(4) of the Act requires that before classifying any reserve under subsection (1) that public notification is required. 

21        There is an exemption under Section 16(5)(a) where the classification proposed for any reserve is substantially the same as the purpose for which the reserve was held and administered immediately before the commencement of the Act.  The Act came into force on 1 April 1978.  At that time, the Reserve had not been used as a site of market for some time and the use was similar to what it is used for today.

22        Section 16(5)(b) also allows for an exemption from public notification regarding if the intended use of the land is in conformity with the relevant operative district plan under the Resource Management Act 1991.  The area upon which the Town Hall is located is designated D617 in the Dunedin District Plan which covers the block containing the Dunedin Town Hall, Library and Civic Centre buildings.  Designation D617 allows for Civic Centre, Library, Town Hall and Municipal Chambers – Dunedin City council Offices, Library and Town Hall.

23        The above instances demonstrate that public notification is not necessary.

Minister’s Delegation – Council Resolution for Classification

24        The Council is the administering body of the Reserve.  As the Minister of Conservation’s delegate, the Council, in cases where the proposed classification confirms the existing purpose of the reserve, has a supervisory role in ensuring that the resolution for the classification of the Reserve has been arrived at in compliance with the Act.  In particular, the Council needs to be satisfied that the status of the Reserve has been correctly identified and there is a statutory power to pass the resolution to classify the Reserve, that the necessary statutory processes have been followed and that the decision is a reasonable one.

Gazette Notice

25        Upon the passing of the resolution to classify the Reserve as Local Purpose (Municipal and Entertainment) Reserve a Gazette Notice will be prepared for publication in the New Zealand Gazette.  The notice is to be signed by the Council’s Chief Executive or other authorised officer and the notice will then be published in the New Zealand Gazette.  Upon publication of the Gazette Notice the classification is given effect to.

proposed easement – right to convey and transform electricity

background

26        The re-development of the Town Hall involved the relocation and extension of various services and infrastructure.  Located within the Town Hall is a transformer that supplies electricity to the Town Hall and surrounding buildings.

27        Please refer to Attachment B which shows photos of the access to the transformer room and the transformer room itself, for completeness DP 494034 is also included.  The access to the transformer and occupation of it within the Town Hall allows for servicing, maintenance, repairs and capital works by Aurora Energy Limited.  This needs to be formally recorded by way of an easement in gross for rights to convey and transform electricity.

28        The easement will be in favour of Aurora Energy Limited (“Aurora”) as Grantee and the Dunedin City Council as Grantor.

discussion

Land Status and Council acting as administering body

29        As previously advised the land is a Reserve under the Reserves Act 1977.

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

31        Section 48 of the Act (“Section 48”) is the statutory authority for the granting of easements for public purposes.

The Reserves Act 1977

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

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

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

33        The Town Hall building has been located on the land since the mid to late 1800s.  Accordingly, any reconfiguration within the building does not affect the Reserve any more than the original establishment of the Town Hall.

34        The transformer room is in an isolated area located within the north-west corner basement of the Town Hall.  Access to the transformer room is from Harrop Street down a private stair-well and through a second door for entry.  The area is not accessible by the public nor is the public affected by this.

35        The requirement for public notification is not applicable.

Relevant Reserve Management Plans

36        The Reserves Management Plan – General Policies document (“General Policies”) covers all basic issues of the day-to-day administration of reserves in Dunedin.  This document is used as a guide for the management of reserves.

37        Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity.  The easement is necessary for the continuing functionality of the Dunedin Town Hall and surrounding buildings for the public’s use and benefit.

38        The General Policies allow for a fee as a yearly rental, however in this instance it is recommended that the fee be waived given the benefit of the transformer to the neighbouring Council facilities.

Merits of the Proposed Easement

39        The easement is necessary for the integral operation of the Town Hall and the part that it plays as a venue for municipal activities and entertainment.

Easement Terms and Conditions

40        The proposed key elements of the easement include:

Purpose of Easement       Right to Convey Electricity and Right to Transform Electricity

Statute                                   Granted pursuant to Section 48 of the Reserves Act 1977

Grantee                                 Aurora Energy Limited

Legal Description               Shown as A on DP 494034, being part Lot 1, DP 17134 part Record of Title OT8C/787

Term                                        In perpetuity

Rental                                     Nil

 

The terms and conditions of the easement is to be finalised by the City Solicitors.

Council as the Minister of Conservation’s Delegate

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

42        In particular, the Council as the Minister’s delegate, needs to be satisfied that:

·        The status of the land has been correctly identified;

·        There is statutory power to grant the easement;

·        The necessary statutory processes have been followed;

·        The easement has been appropriately considered;

·        The decision is a reasonable one.

43        It has been determined that the land on which the Town Hall is situated is a reserve and it is proposed that it be classified Local Purpose (Municipal and Entertainment) Reserve under the Reserves Act 1977.  The completion of outstanding actions to record this will be undertaken prior to the registration of the easement on the RT.

44        Section 48 of the Reserves Act 1977 provides the statutory authority to grant the easement over the reserve.  Upon Council resolutions, the statutory processes will have been followed with full consideration given to the public notification requirement.

45        The functions and purposes of the municipal and entertainment classification allows the Town Hall to be fully resourced for this purpose.  The decision is a reasonable one taking into account the facts outlined in the report.

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

Option One – Recommended Option

46        That Council resolves to classify the Reserve under Section 16(1) of the Reserves Act 1977 as Local Purpose (Municipal and Entertainment) Reserve and consents to the grant of an easement to convey and transform electricity in favour of Aurora Energy Limited.

Advantages

·        The classification of the reserve allows for the present use of municipal and entertainment.

·        Council complies with the requirements of the Reserves Act 1977.

·        Granting the easement will allow for the functionality and operation of the Town Hall as a municipal and entertainment venue.

·        The easement does not affect the public use of the Town Hall.

Disadvantages

·        Nil, the actions are in accordance with the Reserves Act requirements.

Option Two – Status Quo

47        That Council does not resolve to classify the Reserve under Section 16(1) of the Reserves Act 1977 as Local Purpose (Municipal and entertainment) Reserve and does not consent to the grant of an easement to convey and transform electricity in favour of Aurora Energy Limited.

Advantages

·        Nil, the actions are in accordance with the Reserves Act requirements.

Disadvantages

·        Council does not comply with the requirements of the Reserves Act 1977.

·        Not granting the easement will not allow for the functionality and operation of the Town Hall as a municipal and entertainment venue.

NEXT STEPS

48         Upon the Record of Title being endorsed as being subject to the Reserves Act 1977, a Gazette Notice will be prepared to classify the Reserve for publishing in the New Zealand Gazette.  The easement document can then be registered against the Record of Title.

 

Signatories

Author:

Maria Sleeman - Property Officer - Community and Civic

Authoriser:

David Bainbridge - Group Manager Property Services

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

Land status report from Wilkinson Rodgers

62

b

Photos of Easement areas and DP 494034

66

 

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision meets the needs of the community and provides for local infrastructure and 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 classification of the Town Hall Reserve ensures the continued use as municipal and entertainment.  It contributes to the connected People, Vibrant and Cohesive Communities People strategic direction of the Social Wellbeing Strategy, the outcomes of the Spatial Plan by contributing to a liveable city, the Arts and Culture Strategy in terms of access and inclusion and inspired connections.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The classification of the reserve will provide a layer of protection for its specified future use while the easement will provide sustainability for the functionality and operations of the Town Hall into the future.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications.

Financial considerations

There are no known financial considerations.

Significance

The decision is of low significance in terms of the Council’s Significant and Engagement Policy.  However, it is noted that the Dunedin Centre, Town Hall and Municipal Chambers is recorded in Schedule 2 as a Strategic Council-Owned Asset.  The classification is following Council’s statutory obligations for the Asset, while the Easements provide for the operation and use of it.

Engagement – external

Both David Abercrombie and Associates and Wilkinson Rodgers, (John van Bolderen) have provided advice on land status.

Engagement - internal

Discussions have been undertaken with the Council’s In-House Legal Team.

Risks: Legal / Health and Safety etc.

There are no known risks associated with this decision.

Conflict of Interest

There is no identified conflict of interest.

Community Boards

The Town Hall is not part of a Community Board area.

 

 


Council

27 August 2019

 

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Council

27 August 2019

 

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Council

27 August 2019

 

 

Animal Services Annual Report to the Department of Internal Affairs

Department: Customer and Regulatory Services

 

 

 

 

EXECUTIVE SUMMARY

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

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

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

2          The attached report (Attachment A) outlines the operations of the Dunedin City Council’s Animal Services Unit for the year ending 30 June 2019.

RECOMMENDATIONS

That the Council:

a)     Notes the Animal Services annual report 2018/19 to the Department of Internal Affairs.

 

BACKGROUND

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

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

5          This report is for the period 1 July 2018 to 30 June 2019.

options

6          Not applicable.

 

Signatories

Author:

Ros MacGill - Manager Compliance Solutions

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Annual DIA Report 1 July 2018 to 30 June 2019

75

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

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

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified legal or health and safety risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

Animal Services matters are of interest to all areas of the city.

 

 


Council

27 August 2019

 

Attachment 1

Dunedin city council’s animal services annual report to the department of internal affairs for Period ending 30 june 2019

 

 

Dog Control Policy and Practices

 

1.     The Dunedin City Council covers a large geographical area, which includes both urban and rural dog owners.  As at 30 June 2019 there were 18,030 registered dogs (93% were pet dogs). This is an increase of 565 dogs on the previous year.  

2.     To deliver an animal control service, the Council has an Animal Services Unit consisting of a Manager, Team Leader, two Administration Officers (1.6 FTEs) and six FTE Animal Services Officers, one of which is a special duties officer who also conducts school and community education sessions. 

3.     The Animal Services Unit has a close working relationship with key stakeholders in the community such as the Society for the Protection of Animals, local veterinarians, Police, Department of Conservation, Yellow Eyed Penguin Trust, Dog Rescue Dunedin and dog clubs. 

Dog Control Enforcement Practices

4.     The Animal Services Unit operates a seven-day service from 7.00am to 8.00pm during the summer (daylight saving) and between 8.00am and 6.00pm during the winter.  In addition, the unit operates a 24-hour standby service for emergency call outs.

5.     Over the last 12 months the unit responded to 3,393 complaints.  Complaints included aggression, attacking, barking, fouling and wandering dogs and dogs that were "contained" by members of the public.  Of the total number of complaints 29% were in relation to barking and 29% in relation to wandering dogs.  All complaints are followed through to completion.

6.     In addition, 276 dogs were impounded over the review period, a decrease of 27 on the previous year. 

7.     During the course of enforcing the dog control legislation and policies, 632 infringement notices were issued to dog owners, a decrease of 122 on the previous year.  Two owners were prosecuted for a breach of the Dog Control Act over the 12-month period.

Dogs Prohibited, Leash Only and Dog Exercise Areas

8.     The majority of Dunedin dog owners are generally very compliant with regard to not exercising their dogs in prohibited areas and in the use of a leash in "leash only" areas. 

The Council has six dog exercise areas, two of which have a small dog exercise area within them, that are well patronised daily. Positive feedback from the public continues to confirm that they are very successful with both the socialisation of dogs and the interaction of people. 

9.     Each of the dog exercise parks has a unique design and has been built to maximise the use of the topography of the area. The surrounding areas are regularly maintained and upgraded. The ratio of dog exercise parks to known dogs (registered and unregistered) is 1:2,289.

10.   All the parks have:

a.  Re-fillable dog poo bag dispensers; and

b.  Double gates (air lock) to provide safe access and exit for dog owners using the parks.

11.   Most parks have:

a.  Drinking fountains;

b.  Shelters for dog owners;

c.  Agility equipment; and

d.  Recently installed solar lighting.

Dog Registration and Other Fees

12.   Dog registration fees increased from $103 to $106 to register a pet dog. The fee for the first working dog increased from $49 to $51 and the second and subsequent working dogs from $25 to $26. The annual rebate for registered neutered dog/s increased from $6 to $10. 

13.   To ensure there is ongoing compliance with owners registering their dogs, the Animal Services Unit is continuing to undertake a zero-tolerance policy in regard to any known unregistered dogs, and any dogs that were still unregistered after being issued with an infringement notice were impounded. This strategy continues to be very successful with 98% of known dogs registered during this period.

14.   In addition, the Unit is monitoring the number of impounded dogs that are unregistered and during this report period 36% of impounded dogs were unregistered. This is an 8% decrease from the previous year.  All impounded dogs are legally required to be registered and microchipped prior to leaving the pound.

Dog Education

15.   The Dunedin City Council’s Responsible Dog Owner Policy (RDOP) exists to recognise and encourage responsible dog ownership. Providing the dog owner has not had any valid complaints in the previous two years regarding the management of their dog, they may apply for RDOP status and if successful will receive a 43% discount on future dog registration fees. 

16.   For dog owners to become Responsible Dog Owners they are required to be present during an inspection of their property by an Animal Services Officer. The inspection is to ensure that the property meets the required standard in relation to adequate fencing and to test the dog owner’s knowledge of relevant aspects of the local bylaw and Dog Control Act. 

17.   Currently 31% of pet owners are classified as "responsible dog owners" which is a 1% increase from the previous year.

18.   The Unit is also very proactive in conducting newspaper and radio advertising programmes promoting dog owner responsibilities.  This has been found to be a positive

 

 

and effective medium to assist in having dogs accepted by the public in an urban environment.

19.   A school and community group education programme is also conducted and over the twelve-month period the Animal Services Officer (Special Duties) visited 8 schools and 2 community groups in Dunedin.  Presentations were given to 23 classes.

Disqualified and Probationary Dog Owners

20.   Over the last 12 months no dog owners were classified as a probationary. One dog owner was disqualified from owning a dog.

Menacing and Dangerous Dogs

21.   The Council has classified 201 dogs as menacing (37 were classified during the last 12 months). Of the total 37 dogs classified as menacing, 17 were classified as menacing due to behaviour and 20 were classified by breed under s33c(1) Schedule 4. 

22.   The Council has nine dogs classified as dangerous which is two less than the previous year. During the last 12 months one dog was classified as dangerous due to a rushing offence. 

Pound Facility

23.   The facility continues to provide an excellent standard of kennels. The security is to a very high standard which has resulted in no break-ins.

General Information

24.   As at 30 June 2019 a total of 10,841 of pet dogs have been neutered in Dunedin, which is 60% of the total number of registered pet dogs and a 1% decrease from the previous year. 

25.   The Council promotes a dog neutering programme for owners who would have difficulty meeting the costs.  The full cost of the operation is paid by the Dunedin City Council and the number of dogs neutered in the last 12 months was 246. This service is put out to tender to local veterinarians to ensure a competitive price is achieved.

26.   Over the last year 99% of impounded dogs (274 of 276) were either claimed or adopted. Two dogs (1%) were euthanised due to not being claimed by their owner and were either classified as menacing by breed (therefore not permitted to be re-homed) or when assessed by staff were found to be unsuitable to be re-homed.

27.   Ninety-one per cent of registered dogs are microchipped which is a 3% increase from the previous year.  This includes 100% of the classified dangerous dogs and 98% of the classified menacing dogs. The benefits of microchipping have continued over the last 12 months by:

a.  Making it easier for Animal Services Officers to identify the owners of wandering and impounded dogs;

b.  Local veterinarians providing updated details of dogs they have microchipped which enables Animal Services to check they are registered.

28.   When dog owners register a dog, they are given information packs that contain advice on how to care for their dog and their responsibilities as a dog owner.

29.   To reduce dog fouling in the city more poo bag dispensers and signage have been placed at popular walking places across the city.

30.   Dog Rescue Dunedin (DRD) continues to work alongside Dunedin City Council’s Animal Services team under a Memorandum of Understanding helping to provide homes for unwanted pound dogs. The relationship between DRD and Animal Services has proven to be a very positive and constructive one. Because of DRD’s hard work and dedication to this cause most of the unwanted pound dogs are rehomed.

31.   Due the high number of barking complaints received annually by Animal Services the Animal Services Officers are now use ‘bark boxes’ to record barking. This device has been found to be invaluable when dealing with these complaints, particularly when dog owners are often not at home and do not realise how often their dog/s are barking.

 


Dog Control Statistical Information

 

Section 10A(2) of the Dog Control Act 1996 requires territorial authorities to publicly report each financial year on a variety of dog control related statistics in a tabular format.

Column B shows the total number at 30 June 2019 on DCC record and Column C shows the number recorded during the period from 1 July 2018 to 30 June 2019. For example, as at 30 June 2019 the DCC have seven dangerous dogs on record. This number changes each year as some dogs may have died and others may have moved districts. Of those seven dogs two were classified in the last twelve months.

 

Category (A)

Total in Dunedin City as at 30 June 2019 (B)

 

 Period 1 July 2018 to 30 June 2019 (C)

 

1)    Total # Registered Dogs

18,030

Statistics not required

2)    Total # Probationary Owners

1

0

3)    Total # Disqualified Owners

5

1

4)    Total # Dangerous Dogs

9

1

     Dangerous by Owner Conviction

6

1

     Dangerous by Sworn Evidence

3

0

     Dangerous by Owner Admittance in Writing s31(1)(c)

0

0

5)    Total # Menacing Dogs

201

37

     Menacing under s33A(1)(b)(i) - ie by Behaviour

94

17

     Menacing under s33A(1)(b)(ii) - by Breed Characteristics

0

0

     Menacing under s33C(1) by Schedule 4 Breed

107

20

6)    Total # Infringement Notices

Statistics not required

632

7)    Total # Complaints Received

Statistics not required

3,393

     Aggressive

Statistics not required

196

     Attack

Statistics not required

218

     Barking

Statistics not required

980

     Fouling

Statistics not required

57

     Wandering

Statistics not required

997

     Dogs Contained

Statistics not required

688

     Dogs Impounded

Statistics not required

276

8)    Total # Prosecutions Taken

Statistics not required

2

9)    Total # Pet Dogs

Statistics not required

16,845

10)  Total # Pet Dogs Neutered

Statistics not required

10,841

11)  Total # Responsible Dog Owners

Statistics not required

4,223

12)  Total # Schools Visited

Statistics not required

8

     Number of Classes

Statistics not required

23

13)  Total # Dog Exercise Areas

Statistics not required

8

     Ratio of Known Dogs to Exercise Areas

Statistics not required

2,289

 


Council

27 August 2019

 

 

DCC submission on local Government Funding and Financing: Draft Report

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks approval of a Dunedin City Council (DCC) submission (Attachment A) to the Productivity Commission on the latest stage of its inquiry into local government funding and financing (Draft Report, Attachment B).

RECOMMENDATIONS

That Council:

a)     Approves the draft Dunedin City Council submission to the Productivity Commission on the Local Government Funding and Financing Draft Report.

 

BACKGROUND

2          New Zealand Productivity Commission (Commission) launched an inquiry into local government funding and financing in July 2018 at the request of central Government. The Commission has been tasked with identifying shortcomings in the current system, and to examine options for improving the system. The Commission began its inquiry with the release of their Local Government Funding and Financing: Issues Paper, which the DCC submitted on in February 2019.

3          The Commission has reviewed submissions received on the issues paper, undertaken further research, and released the next stage of its inquiry, the Local Government Funding and Financing Draft Report. Submission’s on the Draft Report are due 29 August 2019.

4          The Commission has determined the current funding and financing framework performs well against the principles of a good system. The Commission’s findings state the current system, based on rating properties, is simple and economically efficient, compared to alternatives, such as local income taxes. Largescale change to a radically different model would be expensive, disruptive and uncertain.

5          The Commission has recommended the current system should therefore remain as the foundation of a fit-for-purpose future funding and financing system for local government. However, the Commission notes councils need new tools to help them deal with some specific cost pressures that the existing funding model has been found insufficient to solve, the Commission has proposed reforms and / or new funding tools for the following areas:

a)         supplying enough infrastructure to support rapid urban growth

b)        adapting to climate change

c)         coping with the growth of tourism

d)        the accumulation of responsibilities placed on local government by central government.

6          The Government has asked the Commission to provide a final report by 30 November 2019.

DISCUSSION

7          Funding and financing underpins the DCC’s ability to deliver its strategic priorities. In addition, the local government funding and financing framework has significant impacts on the financial situation of not only local governments, but their local communities as well.

8          The submission highlights issues the DCC would like to see receive full attention as the inquiry progresses. The issues have the potential to enhance local government’s ability to deliver on its strategic priorities and improve affordability for local communities.

9          The DCC submission is aligned with the identified four key issue areas outlined in the Draft Report: supplying infrastructure to support rapid growth, adapting to climate change, coping with the growth of tourism and the accumulation of responsibilities placed on local government.

KEY POINTS

10        The DCC recommends the Commission explores how central Government could facilitate meaningful dialogue between the market and the public sector, including local government.

11        The DCC agrees in principle with the Commission’s recommendation for new funding for local government to incentivise preparation for rapid growth, allocated on the basis of new building work occurring within an authority’s boundary.

12        The DCC agrees in principle with the Commission’s recommendation that local government have access to Special Purpose Vehicles financing options.

13        The DCC recognises both positive and negative impacts a new value capture funding tool for councils, and encourages the Commission to explore this tool further.

14        The DCC is cautious about commenting on the Commission’s recommended vacant land tax.

15        The DCC agrees with the Commission’s recommendation that central Government take the lead on providing high-quality and consistent science and data, standard setting, and legal and decision-making guidance for climate change adaptation.

16        The DCC agrees central Government should extend the role of the New Zealand Transport Agency in co-funding local roads to include assistance to councils facing significant threats to the viability of roads and bridges from climate change.

 

17        The DCC agrees with the Commission’s recommendation that central Government creates a climate-resilience agency and associated fund.

18        The DCC agrees with the Commission’s recommendation central Government should legislate to enable local governments in tourist centres to implement an accommodation levy, and that the Government should provide funding from the international visitor levy to local government in tourist centres for new infrastructure.

 

19        The DCC requests the Commission re-explore the Crown’s rates exemption, as currently most Crown land is currently exempt from rates.

 

20        The DCC is hesitant to endorse the Commission’s proposal of reducing the frequency of Long-Term Plans (LTP) from every three to every five years on the basis of reducing the administration burden on councils.

21        The DCC agrees with the Commission’s overall recommendation that the Local Government Act needs to be reviewed to clarify and streamline the required contents of LTPs to reduce duplication, ease the compliance costs and help make them more accessible documents.

 

22        The DCC encourages the Commission use its final report on the local government funding and financing inquiry to assess and respond to the funding and financing issues the Government’s three waters proposals raise.

 

 

Option One (Recommended Option) – Submit on the Local Government Funding and Financing Draft Report

 

23        The recommended option is that council approves the draft submission on the draft report, with any suggested amendments, to the Productivity Commission.

Advantages

·        Allows the DCC to highlight issues that could benefit from full attention as the Commission finalises its recommendation to central Government.

·        Supports an inquiry into local government funding and financing that is attuned to the specific needs and concerns of DCC.

Disadvantages

·        There are no identified disadvantages for this option.

Option Two - Do not submit on the Local Government Funding and Financing Draft Report

24        Under this option council would not approve the submission to the Commission on the draft report.

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Missed opportunity to highlight issues that could benefit from full attention as the Commission finalises its recommendation to central Government.

·        Missed opportunity to support the local government funding and financing being attuned to the specific needs and concerns of local government.

NEXT STEPS

25        If the Council approves the submission it will be sent to the Productivity Commission for consideration.

 

Signatories

Author:

Hoani Yates - Policy Advisor

Authoriser:

Maria Ioannou - Corporate Policy Manager

Nicola Pinfold - Group Manager Community and Planning

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

DCC submission on Local Government Funding and Financing Draft Report

87

b

Local Government Fund and Financing: Draft Report (Under Separate Cover)

 

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

This decision promotes the social well-being of communities in the present and for the future.

This decision promotes the economic well-being of communities in the present and for the future.

This decision promotes the environmental well-being of communities in the present and for the future.

This decision promotes the cultural well-being of communities in the present and for the future.

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 submission has been made in line with the goals and objectives of the DCC strategic framework above.

Māori Impact Statement

There are no known impacts for tangata whenua at this stage.

Sustainability

The DCC submission promotes inquiry into ensuring the sustainability of services local government provides to communities and tourists.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The DCC submission responds to Productivity Commission recommendations and suggests improvements to proposed reforms that would impact the LTP / Annual Plan / Financial Strategy / Infrastructure Strategy, but has no impact on the 10 year plan or financial strategy at this stage.

Financial considerations

There are no known financial implications at this stage.

Significance

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

Engagement – external

Staff reviewed draft responses to the Productivity Commission’s Draft Report by the Society of Local Government Managers (SOLGM).

Engagement - internal

Finance, Corporate Policy and City Development have had input into the draft DCC submission.

 

Finance have signalled they have reservations regarding the mechanisms of the proposed new funding for local government allocated on the basis of new building work occurring within an authority’s boundary (para 5).

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in the Productivity Commission’s inquiry into local government funding and financing and the DCC submission.

 

 


Council

27 August 2019

 

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Council

27 August 2019

 

 

Otago Regional Economic Development Framework

Department: Enterprise Dunedin

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to present the Otago Regional Economic Development (ORED) framework.

2          The framework has been endorsed by the Otago Mayoral and Chief Executive Forums and received by the Clutha and Queenstown Lakes District Councils’ on 8 August and Central Otago District and Otago Regional Councils’ on 14 August. Waitaki District Council will receive the ORED Framework on 27 August 2019.

3          The report also notes an application has been submitted to the Provincial Growth Fund (PGF) for funding to build capacity, portfolio manage and support PGF activities across the Otago region.

RECOMMENDATIONS

That the Council:

a)         Receives the attached Otago Regional Economic Development (ORED) framework 2019.

b)         Notes a proposal has been submitted to the Provincial Growth Fund (PFG) for $200,000 per annum available for two years (2019/20 - 20/21) to build capacity, portfolio management and support PGF activities across the Otago region.

c)         Notes approval from the Otago Council Chief Executives to use this funding to appoint two advisors:

i)          A coastal Otago portfolio advisor covering Clutha, Dunedin and Waitaki, hosted by Enterprise Dunedin;

ii)         An inland Otago portfolio advisor covering Central Otago and Queenstown Lakes, hosted by Central Otago District Council.

 

BACKGROUND

4          The 2013-23 Dunedin Economic Development Strategy (EDS) theme of Linkages beyond our border notes the importance of strengthening the links between industries and business across the Otago region. The EDS recognises that ‘Dunedin needs Otago and Otago needs Dunedin’ (refer: page 32/33, Dunedin 2013-23 EDS).

5          In 2018, a project team comprised of economic development managers from across Otago (including Enterprise Dunedin) was formed to work with Ministry of Business, Innovation and Employment (MBIE) on the development of an Otago Regional Economic Development (ORED) framework.

6          The framework was intended to help facilitate collaboration between Councils on regional economic development strengths, weaknesses, opportunities and threats and support applications to government on initiatives such as the Provincial Growth Fund (PGF).

DISCUSSION

7          The ORED Working Group (composed of Council economic development agencies, MBIE and Ministry of Social Development officials) has developed the ORED strategic framework over the last year. The attached ORED strategic framework is intended to:

a)         Identify and assess strategic priorities for economic development across Otago;

b)        Provide a tool to identify, assess and recommend economic development activities and projects - including PGF applications within the proposed themes;

c)         Provide a basis for strengthening the partnership with Ngāi Tahu and engaging with Government and stakeholders.

8          The framework has been informed by the Better Business Case methodology, workshops and interviews with stakeholders (including MBIE) and industry across Otago. The framework has four high level outcomes:

High level OUTCOMES:

What outcomes do we want to contribute to?

Our people

Our communities

Our environment

Our

culture

Improved       wellbeing

for all

More vibrant, prosperous and resilient communities

Improved environmental sustainability

Stronger, more productive partnerships with Ngāi Tahu

 

 

9          To achieve these outcomes, the framework highlights four objectives, five key themes and a commitment.


 

Our OBJECTIVES:

What do we want to focus on improving in order to help achieve those outcomes?

To provide multi-district benefits through economic development initiatives

To increase regional productivity

To assist Otago to access the skills and experience it needs to prosper

To improve the ability of Otago communities to respond to social, environmental, economic and cultural opportunities

Our THEMES:

What are the priority areas for change that will help us meet our objectives and contribute to the outcomes?

Connectivity

Productivity

Enabling greater connections between people, between districts, across the region, and nationally and internationally

Fostering innovative new ideas with productivity growth impacts

Talent

Housing

Sustainability

Making Otago the place for skilled and experienced people to live, study, work and invest

Improving the availability, choice and quality of accommodation for individuals, families, seasonal and migrant workers

Improving the resilience of key sectors and the sustainable use of the region’s human, social, economic and natural assets

Our COMMITMENT:

What is key for successfully achieving our objectives and contributing to the outcomes?

Collaboration

Greater collaboration that extends more widely than just between districts, but also with iwi, industry, the neighbouring regions and central Government.

This will be proactively supported across the region through the provision of appropriate and targeted resources.

 

10        Members of the ORED Working Group met with local rūnaka regarding the framework on 16 April 2019. The rūnaka has welcomed a partnership approach on the framework and indicated their overall support for the approach and interest in the identified themes.

11        The ORED Working Group considers the framework is sufficiently developed and robust to inform the consideration of potential collaborative economic development activities. The ORED strategic framework was endorsed by the Chief Executive Forum on 23 May 2019 and Mayoral Forum on 17 June 2019. 

12        The framework has been received by the Clutha and Queenstown Lakes District Council on 8 August and Central Otago District and Otago Regional Council on 14 August. Waitaki District Council will receive the ORED Framework on 27 August 2019.

Provincial Development Unit: Enterprise Capacity Funding

13        On 2 April 2019, all economic development agencies received a letter from Fletcher Tabuteau, Parliamentary Undersecretary for Regional Economic Development, confirming each region is eligible for $200,000 per annum for two years to support PGF portfolio management and regional coordination, subject to an express application to the PGF (attachment 2).

14        The ORED Working Group has prepared an application to the PGF fund two advisors to build capacity, portfolio management and support activities across the Otago region.

15        Those positions are proposed to be fixed-term, for a period of two years from 2019/20, and will be split as follows:

a)         A Coastal Otago portfolio advisor covering Clutha, Dunedin and Waitaki, and hosted by Enterprise Dunedin, Dunedin City Council;

b)        An Inland Otago portfolio advisor covering Central Otago and Queenstown Lakes, and hosted by Central Otago District Council.

16        Under the proposal, Central Otago District Council and Dunedin City Council will appoint each advisor in accordance with their recruitment policy. The appointment is intended to be rates neutral.

OPTIONS

17        As a report for noting there are no options.

NEXT STEPS

18        The ORED Working Group will consider and develop proposals and projects under each of the themes for consideration by Otago Councils, the Otago Chief Executive and Mayoral forums.

19        As a first-generation framework the ORED Working Group will review the document at the end of the first year. The ORED Working Group will continue:

a)         Tracking, recording and regularly updating Chief Executives on potential PGF ideas, concepts and applications;

b)        If requested, providing general feedback on proposed PGF applications (not assessing PGF applications – noting that this will be undertaken by the Ministry of Business Innovation and Employment (MBIE) as part of the PGF decision-making process);

c)         Notifying Otago Chief Executives of any requests for regional support of applications;

d)        On receipt of a request, discussing the application and assessing its alignment with the framework prior to advising Otago Chief Executives.

 

Signatories

Author:

Fraser Liggett - Economic Development Programme Manager

Authoriser:

John Christie - Director Enterprise Dunedin

Attachments

 

Title

Page

a

Otago Regional Economic Development (ORED) Framework

99

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

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 ORED framework contributes directly to the Economic Development Strategy and themes. The themes identified in the ORED framework are also likely to inform activities which will contribute to the Social Wellbeing Strategy and Arts and Culture Strategy.

Māori Impact Statement

The ORED framework was discussed with the Maori Participation Working Party on 28 November 2018. Members of the ORED Working Group met with Aukaha and local rūnaka regarding the role of Ngāi Tahu in the framework on 16 April 2019. The rūnaka has welcomed a partnership approach on the framework and indicated their overall support for the approach and interest in the identified themes.

Sustainability

The ORED framework includes ‘sustainability’ as a theme and priority of improving the resilience of key sectors and the sustainable use of the region’s human, social, economic and natural assets.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications.

Significance

As a report for noting this decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Approximately 40 organisations and individuals across Otago have been engaged on the development of the ORED framework. The Otago Chief Executive and Mayoral Forums have been engaged significantly and have endorsed the ORED framework. The framework has also been presented to all other Councils in Otago in August. 

Engagement - internal

The Executive Leadership Team was briefed on the ORED framework on 3 July 2019.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest

Community Boards

There are no implications for Community Boards.

 

 


Council

27 August 2019

 

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Council

27 August 2019

 

Resolution to Exclude the Public

 

 

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

 

General subject of the matter to be considered

 

Reasons for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

 

Reason for Confidentiality

C  Options for the Protection of Foulden Marr

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C1  Confirmation of  the Confidential Minutes of Ordinary Council meeting - 30 July 2019 - Public Excluded

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

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C2  Property Negotiations

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This report is confidential to protect Council's position in respect of property negotiations..

C3  Film Dunedin Development

S7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

 

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C4  Dunedin City Holdings Group Appointments

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C5  Annual Review - DCC Treasury Risk Management Policy

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C6  Dunedin City Council's Letter of Expectation for Dunedin City Holdings Limited and Group

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This letter is presented in draft form for discussion prior to finalisation, signing and issuing to Dunedin City Holdings Limited..

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.