Agenda of Council - 8 00 2019

Notice of Meeting:

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

Date: Tuesday 8 October 2019

Time: 3.00 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

8 October 2019

Reports

Dunedin City Council Annual Report for the year ended 30 June 2019

Department: Finance

EXECUTIVE SUMMARY

1 This report asks the Council to approve and adopt the Annual Report for the Dunedin City Council for the financial year ended 30 June 2019.

2 At its meeting on the 30 September 2019 the Audit and Risk Subcommittee met with the Director of Audit New Zealand responsible for the audit of the Dunedin City Council Annual Report. As a result of the discussions the Subcommittee passed the following resolution:

Moved (Susie Johnstone/Janet Copeland):

That the Subcommittee:

a) Recommends that Council approves and adopts the Dunedin City Council Annual Report for the year ended 30 June 2019 as presented, following final clearance from Audit New Zealand.

b) Recommends that the Mayor and CEO sign the Representation Letter for the year ended 30 June 2019 subject to receipt of a corresponding representation letter signed by management.

Motion carried (AR/2019/001)

3 Audit New Zealand have provided audit clearance and propose an unmodified audit report, subject to any final minor amendments.

4 The Director of Audit New Zealand responsible for the audit will attend to discuss the audit and answer any questions from Councillors.

RECOMMENDATIONS

That the Council:

a) Approves and adopts the Dunedin City Council Annual Report for the financial year ended 30 June 2019, subject to any minor editing required between adoption and final publication.

b) Authorises the Mayor and Chief Executive to sign the Statement of Compliance and Responsibility on behalf of Council.

c) Authorises the Mayor and Chief Executive to sign the Letter of Representation on behalf of Council.

BACKGROUND

5 Each year the Council must prepare an annual report in accordance with section 98 of the Local Government Act 2002. Each annual report must be completed and adopted by resolution within four months after the end of the financial year to which it relates, and within one month after the adoption, the local authority must make publicly available:

· its annual report; and

· a summary of the information contained in its annual report.

DISCUSSION

6 This report is of an administrative nature and is of low significance in terms of the Council's significance and engagement policy. Therefore, it is not necessary to include a summary of considerations or options in this report.

NEXT STEPS

7 The annual report will be published and made available on the website of the Dunedin City Council following Council's authorisation and adoption of the report content.

Signatories

Author:	Gavin Logie - Financial Controller
Authoriser:	Dave Tombs - General Manager Finance and Commercial

Attachments

There are no attachments for this report.

Council

8 October 2019

DCC submission: Essential Freshwater - action for healthy waterways

Department: 3 Waters

EXECUTIVE SUMMARY

1 This report summarises the key points for a Council submission to the Ministry for the Environment (MfE) on the Government’s Essential Freshwater package of proposals. The Essential Freshwater package consists of Action for healthy waterways – a discussion document on national direction for our essential freshwater (the discussion document), a draft revised National Policy Statement for Freshwater Management and a draft National Environmental Standards for Freshwater.

2 The proposals in the Essential Freshwater package include:

a) a revised National Policy Statement for Freshwater Management (NPS-FM) and new National Environmental Standards for Freshwater (Freshwater NES);

b) an accelerated freshwater planning process, intended to enable regional councils to have new plans in place to give effect to the revised NPS-FM no later than 2025;

c) revised National Environmental Standards for Sources of Human Drinking Water (Drinking Water NES);

d) new National Environmental Standards for Wastewater Discharges and Overflows (Wastewater NES);

e) new risk management planning and reporting requirements for wastewater and stormwater service providers;

f) new national guidance on stormwater policy and network management; and

g) new national requirements for farm practices.

3 The submission is still being drafted, but will raise matters relating to:

a) territorial authority roles in freshwater planning and management;

b) district plans and integrated management of freshwater;

c) the proposed National Objectives Framework set out in the draft NPS-FM;

d) the potential impacts of proposed measures to protect streams, wetlands and fish passage on the ability of territorial authorities to provide infrastructure services to communities;

e) the proposed Wastewater NES; and

f) potential economic impacts.

RECOMMENDATIONS

That the Council:

a) Authorises the Chief Executive Officer to approve the DCC’s submission on Ministry for the Environment on the Government’s Essential Freshwater package.

b) Authorises the Mayor (or their delegate) to speak to the submission should the opportunity arise.

c) Notes the DCC will have further opportunities to provide feedback on some proposals included in the Essential Freshwater package, through the Essential Freshwater Programme, the Three Waters Review and/or Parliamentary processes.

BACKGROUND

4 The Government established the Essential Freshwater Programme in 2018. The aim of the Programme, which is led by the Minister for the Environment (Hon David Parker) and the Minister of Agriculture (Hon Damien O’Connor), is to deliver a noticeable improvement in freshwater quality in New Zealand within five years.

5 The Essential Freshwater Programme is separate to the Government’s Three Waters Review, which was also established in 2018 and is led by the Minister of Local Government (Hon Nanaia Mahuta). However, there are significant overlaps between the two work programmes, particularly in relation to environmental regulation of stormwater and wastewater.

6 On 5 September 2019, MfE published the Essential Freshwater discussion document and called for submissions. The official closing date for submissions is 17 October 2019, but MfE will accept late submissions until 31 October 2019. The discussion document, draft revised NPS‑FM and draft Freshwater NES are available on the MfE website (https://www.mfe.govt.nz/consultation/action-for-healthy-waterways).

7 Aspects of the Essential Freshwater package also relate to other Government reform initiatives, including proposals to introduce national policy statements for urban development and highly productive land. DCC submissions on these draft national policy statements have also been prepared.

Essential Freshwater package: proposals

8 National policy statements are instruments issued under section 52(2) of the Resource Management Act 1991 (RMA), which state objectives and policies for matters of national significance. The Government proposes raising the bar on freshwater ecosystem health by revising the current NPS-FM. The proposed revisions to the NPS-FM would strengthen and clarify the requirement to manage freshwater in a way that gives effect to Te Mana o Te Wai, the integrated and holistic health and wellbeing of waters as a continuum from the mountains to the sea.

9 The Government also proposes establishing, through legislation, an accelerated freshwater planning process to enable regional councils to have new plans in place to give effect to the revised NPS-FM no later than 2025. The Minister for the Environment introduced the Resource Management Amendment Bill to Parliament on 23 September 2019.

10 The Government proposes to prevent further degradation of waterways by introducing a Freshwater NES, which it has indicated could come into effect by June 2020. National environmental standards are regulations issued under section 43 of the RMA that prescribe standards for environmental matters, to ensure a consistent standard for a particular activity or resource use.

11 In addition to the draft revised NPS-FM and draft Freshwater NES, the Essential Freshwater discussion document also calls for feedback on high level proposals to:

a) revise the current Drinking Water NES to support the delivery of safe drinking water;

b) introduce a new Wastewater NES;

c) introduce new risk management planning requirements for wastewater and stormwater service providers;

d) introduce new requirements for wastewater and stormwater service providers to report on national environmental performance measures for wastewater and stormwater systems; and

e) provide new national guidance on stormwater policy and network management; and

f) impose new national requirements on farm practices.

12 The Government has indicated it will consult on more detailed proposals for protection of drinking water sources and for stormwater and wastewater management in mid-2020.

DISCUSSION

13 Aspects of the Essential Freshwater proposals have implications for the DCC’s provision of three waters (drinking water, stormwater and wastewater) services and for district planning. The proposals also have significant implications for regional councils, and for land users such as farmers whose activities may result in the discharge of contaminants to waterways.

14 While there is broad support for the intent of the proposals, the DCC submission will highlight aspects that require further consideration or clarification as the Essential Freshwater Programme and other related reform initiatives progress. Specific DCC requests will relate to: territorial authority roles in freshwater planning and management; district plans and integrated management of freshwater; the proposed National Objectives Framework of the NPS-FM; the proposed Wastewater NES; and potential economic effects.

15 The submission will also ask the Government to revise the draft NPS-FM and draft Freshwater NES to ensure that measures to protect streams, wetlands and fish passage do not unreasonably impact on the ability of territorial authorities to provide infrastructure services for communities, including:

a) management of urban stormwater systems in a manner that minimises risks to people, property and the environment;

b) spatial planning approaches that facilitate infill development in urban areas;

c) roading; and

d) landfills.

16 As currently drafted, the provisions to protect streams could prevent the DCC undertaking activities such as piping urban watercourses. However, the DCC is likely to continue to need to undertake these sorts of activities in certain circumstances, in order to fulfil its obligations to manage urban stormwater drainage responsibly and facilitate infill development in urban areas.

17 In addition, current draft provisions to protect wetlands could constrain the DCC’s ability to carry out works required to build and maintain roading infrastructure (including bridges and culverts) and to maintain existing and historic landfills built in or near natural wetlands.

18 DCC staff have worked to develop a submission for approval by the Council, however proposal’s broad scope, detailed provisions and potential implications, alongside consultation on numerous other related central government proposals, mean a final draft of the submission is not yet complete.

OPTIONS

Option One (Recommended Option) – submit on the Essential Freshwater package of proposals

19 Authorise the Chief Executive Officer to approve the DCC’s submission on Ministry for the Environment on the Government’s Essential Freshwater package.

Advantages

· Allows the DCC to highlight issues for the Government’s consideration as development of the proposed Essential Freshwater reform package continues.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – do not make a submission on the Essential Freshwater package of proposals

20 Do not make a submission to MfE.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to highlight issues for the Government’s consideration as development of the proposed Essential Freshwater reform package continues.

NEXT STEPS

21 If the Council authorises the Chief Executive Officer to approve the DCC’s submission it will be sent to MfE for consideration on or before 17 October 2019.

Signatories

Author:

Scott Campbell - Policy Analyst

Karen Sannazzaro - Regulation and Policy Team Leader

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the environmental, economic, social 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	☒	☐	☐

A submission will be prepared in line with the goals and objectives of the strategic framework above, including the Infrastructure Strategy in Dunedin’s 10 Year Plan 2018-2028.

Māori Impact Statement

Proposals set out in the Essential Freshwater discussion document are designed to elevate the status of Māori values in the freshwater management and planning. A DCC submission will support Te Mana o Te Wai as a national framework for understanding freshwater, and the proposal that a new Wastewater NES includes approaches for incorporating culturally-acceptable wastewater treatment processes.

Staff have not engaged with Ngai Tahu on the development of the DCC submission.

Sustainability

The proposals set out in the Essential Freshwater package have implications for environmental, economic and social sustainability. A DCC submission will address aspects of these implications.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

A DCC submission is unlikely to have any implications on the LTP, Annual Plan, Financial Strategy and Infrastructure Strategy.

However, the submission will address a number of proposals designed to promote the health of waterways in New Zealand. The implementation of proposals such as revising the current Drinking Water NES, introducing a new Wastewater NES and introducing new risk management planning requirements for wastewater and stormwater service providers will likely have future implications for the 10 Year Plan, Annual Plan, Financial Strategy and Infrastructure Strategy. A more detailed analysis of implications for these documents will be possible after the Government releases more detailed proposals for drinking water source protection and stormwater and wastewater management in mid-2020.

Financial considerations

A DCC submission is unlikely to have any financial implications.

Significance

A DCC submission has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

There has been no external engagement on a DCC submission.

Engagement - internal

Staff from across the DCC, including 3 Waters, Transport, Parks and Recreation, City Development, Building Services and the Economic Development Unit will be invited to contribute to the development of a DCC submission.

Risks: Legal / Health and Safety etc.

There are no identified risks associated with approving a DCC submission.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in the Essential Freshwater package of proposals and the DCC submission.

Council

8 October 2019

Delegations in the Interregnum Period

Department: Civic

EXECUTIVE SUMMARY

1 The interregnum period is the period between the discharge of the Council and the swearing in of the new Council. It is anticipated that this will to occur between 18 October and 25 October 2019, depending on when the final election result is confirmed.

2 The Council must provide for the effective and efficient conduct of the Council’s business during the interregnum, and various delegations and arrangements are required. Options are therefore not presented, as these arrangements are required to give effect to our obligations during this period.

3 As this report concerns administrative matters only, a summary of considerations is not required.

RECOMMENDATIONS

That the Council:

a) Approves the following appointments and powers:

i) That Kate Wilson, Mike Lord, and David Benson-Pope be appointed to act together as Commissioners to undertake the responsibilities of the Hearings Committee from 12 October 2019 if requried. This delegation will expire when all matters commenced immediately prior to the date a Hearings Committee is appointed have proceeded to a decision.

Explanatory Note: the Hearings Committee appointed by Council in the new Triennium is to consider any matters which require a hearing after the date that new Committee is appointed, but any matters commenced after 12 October 2019 and prior to that appointment date will continue under this delegation until a decision has been issued.

ii) That from 12 October 2019 the Chief Executive Officer in consultation with the Resource Consents Manager or City Development Manager as appropriate, be authorised to appoint one or more independent commissioner(s) for hearings where:

a. The Council is the landowner, lessee, applicant, requiring authority, has a financial interest, or the Council has any other role where the perception of bias or impartiality in its quasi-judicial decision making capacity cannot be avoided; or

b. A Commissioner(s) is appointed as provided for in (i) above, where appointees are unavailable or not willing to act; or

c. A joint hearing is to be convened.

This delegation expires on the appointment of a new Hearings Committee.

iii) That from 12 October 2019, Kate Wilson be delegated the power to negotiate and/or resolve any appeal on a resource consent decision. This delegation is to expire on the appointment of a new Hearings Committee.

iv) That from 12 October 2019, until the date that a new Hearings Committee is appointed Kate Wilson is authorised to:

a. Determine any matters regarding minor alterations to designations

b. Initiate or join any Environment Court proceedings under the Resource Management Act 1991

c. Negotiate and resolve or withdraw from any proceeding arising from (iv)(b) above

d. Select the chairperson or mediator for pre-hearing meetings pursuant to s99 and s99A of the Resource Management Act 1991.

v) That the General Manager City Services continues the delegation to resolve 2GP appeals in order to provide consistency through the environment court process which provides certianty for appealants.

vi) That from 12 October 2019 until the inaugural meeting of the Council, the Chief Executive Officer is authorised to make decisions in respect of urgent matters. Where the Mayor elect is known, this will be in consultation with the Mayor elect.

vii) In the event of a pandemic or emergency occurring, the Chief Executive Officer (or Acting Chief Executive Officer) is delegated all of the powers and functions of the local authority (other than those which may not be delegated). This delegation expires on the convening of a valid meeting of the Dunedin City Council.

viii) That from 12 October 2019 until the inaugural meeting of the Council, Susie Johnstone continues to act as the independent alternate Fraud Control Officer and Protective Disclosure Officer, and continues her role with respect to the Electronic Communications (Emails Quarantine) Policy.

BACKGROUND

4 Elected members and standing committees (that have not been constituted to survive the triennium) are discharged from office from the date that the Returning Officer publicises the official results of the elections.

5 Elected members cannot act in any capacity from the date they are discharged until they have made their statutory declarations at the inaugural Council meeting which is tentatively set for 25 October 2019.

DISCUSSION

6 Unless delegations are made to apply to matters commenced in the interregnum, it will not be possible to deal with urgent matters or conduct the business ordinarily delegated to the Hearings Committee or the Hearings Committee Chair.

7 It is proposed that a series of delegations to the Chief Executive Officer and to specified people be put in place from polling day (12 October) and also during the interregnum. In 2016 the Council delegated authority to the Chief Executive Officer to act during the interregnum.

8 The Civil Defence Emergency Management Group continues during the interregnum (section 12 Clause (20) of the Civil Defence Emergency Management Act 2002), therefore no delegations are required for the interregnum.

9 Susie Johnstone, as Chair of the Audit and Risk Committee, acts as an alternate officer in respect of the Fraud Prevention Policy, the Protected Disclosure Whistleblower Policy, and the Electronic Communications (Email Quarantine) Policy. It is proposed that she be delegated authority to continue in these roles for any matters that may arise during this period. Note is made that the Audit and Risk Subcommittee will be reconstituted at the inaugural meeting of Council.

10 If no delegations are made, then the Chief Executive Officer will be required to call an extraordinary Council meeting at 72 hours’ notice if there are matters that require urgent decisions during the interregnum. This would not be effective or efficient, as the Mayor – elect and Councillors – elect would not yet be sworn in, and this too would need to be done under urgency.

NEXT STEPS

15 The recommended options provide for the expiry of the interregnum delegations. Nothing further is required.

Signatories

Author:	Sharon Bodeker - Team Leader Civic
Authoriser:	Sandy Graham - General Manager City Services

Attachments

There are no attachments for this report.

	Title	Page
⇩a	Councillor Interest Register	4
⇩b	Executive Leadership Team Interest Register	4

	Title	Page
⇩a	Cr Hawkins Notice of Motion	4

	Title	Page
a	Minutes of Ordinary Council meeting held on 1 October 2019 (Under Separate Cover 1)

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Sharon Bodeker - Team Leader Civic