Council

MINUTES

 

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 08 October 2019, commencing at 1.00 pm

 

PRESENT

 

Mayor

Mayor Dave Cull

 

Deputy Mayor

Cr Chris Staynes

 

 

Members

Cr David Benson-Pope

Cr Rachel Elder

 

Cr Christine Garey

Cr Doug Hall

 

Cr Aaron Hawkins

Cr Marie Laufiso

 

Cr Mike Lord

Cr Damian Newell

 

Cr Jim O'Malley

Cr Conrad Stedman

 

Cr Lee Vandervis

Cr Andrew Whiley

 

Cr Kate Wilson

 

 

 

IN ATTENDANCE

Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services), Graham McKerracher (Manager, Council Communications and Marketing), Simon Drew (General Manager Infrastructure Services), Dave Tombs (General Manager Finance and Commercial), John Christie (Director Enterprise Dunedin), Julian Tan (Audit NZ), Gavin Logie (Financial Controller)

 

Governance Support Officer                  Lynne Adamson

 

 

1          Opening

Matapura Ellison opened the meeting with a Karakia.

2          Public Forum

There was no Public Forum.   


 

3          Apologies

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

Accepts the apology from Cr Damian Newell.

 

Motion carried

 

 

4          Confirmation of agenda

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

Confirms the agenda with the following alterations:

 

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

 

Item 8 – DCC submission Essential Freshwater – action for healthy waterways be withdrawn from the agenda.

 

Motion carried (CNL/2019/028)

 

 

5          Declarations of interest

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

 

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

a)     Notes the Elected Members' Interest Register; and

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

c)     Notes the Executive Leadership Teams’ Interest Register.

Motion carried (CNL/2019/029)

 

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 1 October 2019

 

Moved (Mayor Dave Cull/Cr Chris Staynes):

That the Council:

 

Confirms the public part of the minutes of the Ordinary Council meeting held on 01 October 2019 as a correct record.

Motion carried (CNL/2019/030)

   

Reports

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

 

A report from Finance sought Council approval and adoption of the Annual Report for the Dunedin City Council for the financial year ended 30 June 2019.

The General Manager Finance and Commercial (Dave Tombs), Financial Controller (Gavin Logie) and Director, Audit New Zealand (Julian Tan) spoke to the report and responded to questions on the Annual Report.

 

Moved (Cr Chris Staynes/Cr Andrew Whiley):

That the Council:

 

a)         Approves the draft Dunedin City Council Annual Report for the financial year ended 30 June 2019

b)        Delegates the Chief Executive the authority to make any minor editing required to the approved Annual Report for the year ended 30 June 2019.

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

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

e)        Receives the Audit Report on the Annual Report for the year ended 30 June 2019; and

f)         Adopts the audited Annual Report for the year ended 30 June 2019.

Motion carried (CNL/2019/031) with Cr Vandervis recording his vote against

 

 

9          Delegations in the Interregnum Period

 

Cr Kate Wilson withdrew from this item.

A report from Civic noted that the interregnum period was the period between the discharge of the Council and the swearing in of the new Council.  It was anticipated that the period would occur between 18 October and 25 October 2019, depending on when the final election result was confirmed.

 

The General Manager City Services (Sandy Graham) spoke to the report and responded to questions.

 

 

Moved (Cr Aaron Hawkins/Cr Rachel Elder):

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.

Motion carried (CNL/2019/032)

 

10        Notice of Motion  Public Transport

 

In accordance with Standing Order 26.1, a Notice of Motion had been received from Cr Aaron Hawkins.

Cr Hawkins spoke to the Notice of Motion which was then considered by Council.

 

Moved (Cr Aaron Hawkins/Cr Christine Garey):

That the Council:

 

a)         Supports in principle, the transfer of public transport governance in the Dunedin district from the ORC to the DCC;

b)        Requests that the ORC include this question in their forthcoming review of the Regional Public Transport Plan, and;

c)         Continue to work with LGNZ and central government on reform of the Public Transport Operating Model (PTOM).

 

Division

The Council voted by division:

 

For:                  Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie Laufiso, Jim O'Malley, Chris Staynes, Conrad Stedman and Dave Cull (9).

Against:          Crs Doug Hall, Mike Lord, Lee Vandervis and Andrew Whiley (4).

Abstained:    Cr Kate Wilson (1).

 

The division was declared CARRIED by 9 votes to 4

 

Motion carried (CNL/2019/033)

 

11        Acknowledgement of Retiring Community Board Members

 

Christine Neill was present and spoke of her time on the Board over the past six years.  She enjoyed the variety and acknowledged staff and Cr Andrew Whiley, the appointed Councillor representative to the Board.

 

Ms Neill was thanked for her service to the community both privately for the past 55 years and on the Board over the last six years. 

 

Councillors paid tribute to the other retiring Community Board members, some of whom had served their communities for many years, and acknowledged the work they had carried out and projects they had been involved with during their time on the Boards.

 

 

Moved (Cr Conrad Stedman/Cr Doug Hall):

That the Council:

 

a)              Records its sincere thanks to the following retiring Community Board members for their loyal and conscientious service given to the City of Dunedin.

Mosgiel Taieri Community Board

Sarah Davie-Nitis

Maurice Prendergast

 

 

2013 - 2019

2013 - 2019

Otago Peninsula Community Board

Christine Neill

 

 

2013 - 2019

Strath Taieri Community Board

Norma Emerson

Jacinta Stevenson

Joan Wilson

 

 

2016 – 2019

2016 – 2019

1998 - 2019

Waikouaiti Coast Community Board

Richard Russell

 

 

2016 - 2019

West Harbour Community Board

Ryan Jones

Steve Walker

 

2016 – 2019

2007 - 2019

 

Motion carried (CNL/2019/034)

 

12        Acknowledgement of Service of Retiring Members

 

The Council paid tribute to retiring Councillors.

Cr Conrad Stedman commented on his time and experiences during his time on Council.  He paid tribute to his current fellow Councillors who had mentored him and to the Saddle Hill Community Board, his family and members of the community that he had been involved with and the people who had voted for him.

Councillors paid tribute to Cr Stedman and spoke of his contribution and service to Council.

Cr Kate Wilson commented on her time on the Council, experiences and provided anecdotes.  She paid tribute to current and former Councillors and those who had mentored her, staff, her family, members of the community, and the people who had voted for her. 

Councillors took the opportunity to pay tribute to Cr Wilson’s contributions, commitment, strengths, personal qualities and service.  They spoke of her particular interests and involvements, the projects she had worked on, and the positions she had held.

 

Moved (Mayor Dave Cull/Cr David Benson-Pope):

That the Council:

 

a)         Records its sincere thanks to Conrad Stedman for the loyal and conscientious service he has given to the Dunedin community as a member of the Dunedin City Council for 3 years during the period 2016 to 2019.

b)        Extends sincere appreciation for the services rendered and every good wish for the future.

c)         Records its sincere thanks to Kate Wilson for the loyal and conscientious service she has given to the Dunedin community as a member of the Dunedin City Council for 12 years during the period 2007 – 2019.

d)        Extends sincere appreciation for the services rendered and every good wish for the future.

Motion carried (CNL/2019/035)

 

The Mayor withdrew from the Chair and Cr Chris Staynes assumed the Chair.

 

It was moved (the Mayor/Cr Staynes):

 

That the Council:

 

            Adjourn the meeting and reconvene at 5.00 pm.

 

            Motion carried

 

The meeting adjourned at 4.54 pm and reconvened at 5.02 pm

 

13        Acknowledgement of Service of Retiring Mayor

 

Mana whenua representatives paid tribute to retiring Mayor Dave Cull.  Matapura Ellison thanked Mayor Cull for his work and his whanau for their support.

Paulette Tamati-Elliffe presented Mayor Cull with a piece of pounamu which represented leadership and that mana whenua was with him whenever he wore it.

 

Mayor Cull (on behalf of Council) was also presented with a piece of pounamu called mana whakahono, carved to represent leadership and guidance for mana whenua and Council as they work together.  The mana whakahono would be joined to the mayoral chains to symbolize the partnership between mana whenua and the Council. 

 

Mayor Cull thanked mana whenua for both of the gifts.  He spoke of the privilege it was to receive such a meaningful and beautiful personal gift.  He also spoke of how much he valued the partnership between mana whenua and Council.

 

Tumai Cassidy performed a Karakia followed by a Waiata.  The Council Waiata group responded with a Waiata.

 

Councillors paid tribute to Mayor Cull for his contribution, commitment and service to Dunedin throughout his term as both Councillor and Mayor.

 

Moved (Cr Chris Staynes/Cr Kate Wilson):

That the Council:

 

a)         Records its sincere thanks and gratitude to Dave Cull for the loyal and conscientious service he has given to the Dunedin community as a Councillor for the 3 years from 2007 - 2010, and as Mayor for the 9 years from 2010 - 2019.

b)        Extends sincere appreciation for the services rendered and every good wish for the future.

Motion carried (CNL/2019/036) by acclamation

 

The Mayor resumed the Chair.

 

Mayor Cull then reflected on his time on Council, the achievements during the course of the triennium and commented on various projects.  He wished the incoming Council and Mayor the best for the upcoming triennium.

 

14        Closing Karakia

 

Matapura Ellison closed the meeting with a Karakia.

                


 

 

Resolution to exclude the public

That the Council:

 

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

General subject of the matter to be considered

Reasons for passing this resolution in relation to each matter

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

 

Reason for Confidentiality

C1  Ordinary Council meeting – 1 October 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.

 

 

 

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.

 

 

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.

 

The meeting moved into confidential at 6.00 pm and closed at 6.03 pm.

 

 

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

Chief Executive Officer