Agenda of Council - 12 00 2019

Notice of Meeting:

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

Date: Tuesday 12 November 2019

Time: 1.00 pm

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

Sue Bidrose

Chief Executive Officer

Council

PUBLIC AGENDA

MEMBERSHIP

Mayor	Mayor Aaron Hawkins
Deputy Mayor	Cr Christine Garey
Members	Cr Sophie Barker	Cr David Benson-Pope
	Cr Rachel Elder	Cr Doug Hall
	Cr Carmen Houlahan	Cr Marie Laufiso
	Cr Mike Lord	Cr Jim O'Malley
	Cr Jules Radich	Cr Chris Staynes
	Cr Lee Vandervis	Cr Steve Walker
	Cr Andrew Whiley

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

12 November 2019

Reports

Temporary Alcohol Ban Around Forsyth Barr Stadium

Department: Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report proposes the Council resolves that a temporary alcohol ban at the Forsyth Barr Stadium (FBS) be imposed when formal requests for a ban that meet pre-approved criteria are made.

2 The number of requests for temporary alcohol bans at FBS is increasing and this proposal would streamline the administrative process by reducing the duplication of resources with multiple reports to Council.

RECOMMENDATIONS

That the Council:

a) Resolves to make a temporary alcohol ban in the area bounded by Albany Street, Reigo Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88, Anzac Avenue and back to Albany Street. The ban shall be implemented upon receipt of formal request from either the Police, Dunedin Venues Management Limited or the event organiser, whenever there is a planned public event at the Forsyth Barr Stadium and attendance is expected to exceed 10,000 people, and/or during planned Otago University Students’ Association events.

BACKGROUND

3 The Alcohol (Control of Alcohol in Public Places) Bylaw 2004 (the Bylaw) (Attachment A) was made and subsequently reviewed in 2016 pursuant to the provisions of the Local Government Act 2002 (the Act). The Act required that when considering the extent of the area to be covered by the Bylaw, the territorial authority must be satisfied that there is evidence of a high level of crime or disorder that can be attributed to alcohol consumption in the area.

4 The development of the Bylaw in 2004 and its subsequent review in 2016, was undertaken using the special consultative procedure set out at section 83 of the Act, which provided the public with an opportunity to present their views on the proposed Bylaws.

5 When the Bylaw was reviewed in 2016, the ‘Specified Restricted Place’, the area of public place where alcohol consumption was restricted, was expanded to encompass problematic areas in the central city. At the time of the review a request was received to extend the area north to Bank Street, around Logan Park and the stadium. However, there was insufficient evidence that this area had a high level of crime or disorder that met the threshold to justify a permanent ban.

6 Clause 5.2 off the Bylaw allows Council, by resolution, to add ‘Specified Periods and/or Specified Restricted Places for Planned Events’ to be controlled by the provisions of the Bylaw.

7 In the past Council has received requests from the Police, Otago University Students’ Association (OUSA) and Dunedin Venues Management Limited (DVML) for temporary bans around the stadium when there have been large events, both concerts and sports events. While the threshold of a high level of crime and disorder has not yet been met to justify the implementation of a permanent ban, the temporary bans are becoming more frequent to allow police and security to better deal with disorder on the nights of some events.

8 On each occasion a request is received, a report must be prepared, and Council approval sought to put in place the temporary ban. Public notice of each resolution to implement a temporary alcohol ban must be published in the Otago Daily Times (ODT) at least 14 days before the event.

9 When the bans have been implemented, Police and security personnel working at the stadium report fewer problems with patrons attending the event. Staff can better assess intoxication levels as patrons walk to the gates and gate security do not have the same arguments with people trying to enter the stadium with alcohol.

DISCUSSION

Current practice

10 Currently, whenever a request for a temporary alcohol ban is received, a report is prepared for Council and, on every occasion, the temporary ban has been adopted. Public notice advising of the resolution is made and temporary signage ordered and erected.

Bylaw engagement

11 The Bylaw does not preclude Council from making an overarching resolution to enable a temporary alcohol ban to be put in place. At the time the Bylaw was first drafted, and its subsequent review, there were no submissions made regarding Clause 5.2. and whenever there is a temporary ban implemented, there has not been any adverse comment.

Proposal

12 It is proposed that a more permanent arrangement regarding temporary bans be implemented. The proposal is that the Council resolves to allow a temporary alcohol ban to be implemented in the area bounded by Albany Street, Reigo Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88, Anzac Avenue and back to Albany Street (Attachment B) if:

a) There is a planned public event at the Forsyth Barr Stadium and the expected attendance will exceed 10,000 people; and

b) A formal request has been received from either the Police, DVML or the event organiser / promoter for a temporary alcohol ban at least three weeks prior to the event.

c) During planned Otago University Students’ Association events.

13 A temporary alcohol ban would apply during the period requested. This will include the duration of the event as well as time leading up to the event during which attendees are arriving at the stadium, and after the conclusion of the event while people disperse from the area.

14 Temporary signage would be installed on the perimeter of the area, and at points within the area, which would clearly state the duration of the ban.

15 The temporary alcohol ban would only apply to public places, or places being used by the public, including any carparks in the area. Private residences will not be impacted by the ban.

16 It is anticipated that temporary ban requests will be received only for events where there is a high likelihood of pre-loading and alcohol-related issues leading up to the event.

17 The Bylaw, and this related resolution, will be reviewed no later than December 2026.

Upcoming events

18 Several events are scheduled for February and March 2020, the nature of which have traditionally attracted requests for a temporary alcohol ban. They are:

a) Elton John Concert, 4 February

b) Queen Concert, 10 February

c) OUSA Orientation week events, 19, 20, 21 and 22 February

d) Six60 Concert, 7 March.

19 There are also Super Rugby fixtures, however not all games will attract large numbers of patrons.

20 While requests for temporary alcohol bans for the events have not been received to date, they are expected within the next two months.

OPTIONS

21 There are two options for consideration.

Option One – Resolve to approve temporary alcohol bans if they meet pre-approved criteria

22 This option would eliminate the need to prepare a report whenever a request for an alcohol ban is received if it meets the criteria listed in the Council recommendation.

Advantages

· Administrative processes are streamlined.

· Duplication of resources is reduced.

Disadvantages

· Requests for temporary alcohol bans in the specified area would not be considered on the individual merits of each case.

Option Two – Do not approve the pre-approved criteria for temporary alcohol bans - Status Quo

23 This would see separate reporting and consideration of each request for a temporary ban.

Advantages

· There would be an opportunity to challenge every request to ensure there was a need for the ban.

Disadvantages

· Duplication of Council resources in preparing and considering reports.

· Financial implications with the cost of preparing reports for each event.

NEXT STEPS

24 If the Council approves the recommendation, public notice of the resolution will be made in the ODT.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Alcohol (Control of Alcohol in Public Places) Bylaw 2004	23
⇩b	Proposed Temporary Alcohol Ban area	28

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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 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 proposal contributes to strategic framework priorities of healthy and safe people, compelling destination and a liveable city. It also contributes to the Local Alcohol Policy aim of reducing alcohol-related harm.

Māori Impact Statement

This proposal aims to reduce alcohol-related harm in Dunedin, including for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications.

Financial considerations

The proposal will result in minor financial and resource savings.

Significance

This proposal is assessed as low in terms of the Significance and Engagement Policy.

Engagement – external

The Police and Forsyth Barr Stadium management have been consulted and support the proposal.

Engagement - internal

The Transportation and Compliance Solutions groups have been advised and have no adverse comment.

Risks: Legal / Health and Safety etc.

There are no known risks associated with this proposal.

Conflict of Interest

There is no known in conflict of interest.

Community Boards

There are no impacts for Community Boards.

Council

12 November 2019

Councillor Appointments to Outside Organisations, and Other Appointments

Department: Civic

EXECUTIVE SUMMARY

1 There are a number of organisations throughout the city which the Council is required or able to appoint representatives to under the terms of those organisations’ constitutions.

2 Appointments are also required for the Dunedin Heritage Fund Trust, along with an appointment of deputy chair to the Grants Subcommittee.

3 The purpose of this report is to make recommendations on Councillor appointments to those organisations, the Trust and Grants Subcommittee.

4 As this is an administrative report, there are no options or statement of consideration.

RECOMMENDATIONS

That the Council:

a) Approves the Councillor appointments to outside organisations as proposed in Attachment A to this report.

b) Approves the appointment of Cr Vandervis as Chair, and Cr David Benson-Pope as a member of the Dunedin Heritage Fund Trust.

c) Notes the appointment of Cr Marie Laufiso as Deputy Chair of the Grants Subcommittee.

DISCUSSION

5 A schedule of outside organisations was circulated to all Councillors, inviting expressions of interest in the positions available. A schedule of proposed appointments has now been prepared and is appended as Attachment A.

6 The appointments to the Dunedin Heritage Fund Trust and the Grants Subcommittee reflect the discussions I have had with Councillors.

7 Council appointments of external representatives to outside organisations is currently being reviewed and will be reported on at the December 2019 Council meeting.

OPTIONS

8 Not applicable.

NEXT STEPS

9 The Councillors Register of Interests will be updated to reflect the new appointments.

Signatories

Authoriser:

Aaron Hawkins - Mayor

Attachments

	Title	Page
⇩a	Councillor Appointments to Outside Organisations	31

Council

12 November 2019

Notification of Variation 1 : Minor Amendments to the proposed Dunedin City Second Generation District Plan (2GP)

Department: City Development

EXECUTIVE SUMMARY

1 This report seeks approval to notify a variation to the Proposed Dunedin City Second Generation District Plan (2GP).

2 The changes proposed by this variation are included in the attached report Variation 1: Minor Amendments to the Proposed Dunedin City Second Generation District Plan (2GP) - Proposed Amendments and Section 32 Evaluation

3 The amendments are generally minor in nature, with 50 of 73 amendments considered clarifications, rather than substantive changes, and 23 out of 73 being minor substantive changes.

RECOMMENDATIONS

That the Council:

a) Approves notification of Variation 1: Minor Amendments to the Proposed Dunedin City Second Generation District Plan (2GP) on or around Wednesday 20th November 2019.

b) Notes the proposed plan amendments and accompanying evaluation report (Attachment 1) are still in draft form and authorises the CEO to sign off any minor changes to the content prior to notification.

BACKGROUND

4 Dunedin City Council (DCC) notified the 2GP on 26 September 2015. This was followed by a formal submissions and further submissions period and public hearings between May 2016 and December 2017. The 2GP Hearings Panel heard from DCC planners, submitters, lawyers and technical experts.

5 The 2GP full plan review has been a large and complex process that has considered 1,507 submissions across 25 topics with 35 hearings. There were 29 decision reports published. The 2GP Hearings Panel made a large number of changes to the 2GP as a result of decisions on submissions received.

6 The appeal period on the 2GP closed in December 2018.

DISCUSSION

7 A variation is a proposed set of amendments to a proposed plan before it is made fully operative. Under Clause 16A of Schedule 1 of the RMA 1991 a local authority may initiate variations to provisions in a proposed plan at any time before the approval of the plan.

8 Variations that correct minor issues in district plans are common throughout New Zealand because of the size, complexity and the interrelated nature of provisions within district plans. The minor issues which are proposed to be corrected through Variation 1 were identified after 2GP decisions were released. This includes issues identified through feedback from DCC consents planners, as well as by people involved in appeals on the 2GP and other regular plan users. The amendments are generally minor in nature, with 50 of 73 amendments considered clarifications, rather than substantive changes, and 23 out of 73 being minor substantive changes.

9 The amendments are generally of three types:

a) Minor clarifications to the wording of provisions to ensure that provisions function as intended. This includes some minor improvements to the wording of Strategic Direction policies to more clearly describe methods used in the plan and to better align with the 2GP drafting protocol.

b) More substantive amendments to provisions to improve the workability and usability of the 2GP. These include filling gaps in standards (for example Change 1.21) and making minor changes to provisions to remove unintended consent requirements (for example Change 1.34). These include changes to election signs rules based on feedback received over the recent election period, which elected members may wish to submit on.

c) Mapping amendments to make minor adjustments to zone or mapped area boundaries where boundaries are in the wrong place, for example moving a zone boundary line to follow a property boundary (remove a split zoned property) or aligning a zone boundary to an existing pattern of development in a block/area (or more logical transition point) or to correct where a scheduled heritage building is located on the 2GP Planning Map. There are also two scheduled heritage buildings proposed to be added and one Area of Significant Biodiversity Value that are supported by land owners.

10 The variation is subject to the RMA Schedule 1 process for making submissions, further submissions and the ability to appeal decisions. However, as indicated in the attached report, the variation is limited in scope and it is not proposed to re-open to submissions, the aspects of the 2GP that are beyond the scope of variation summaries listed in the report.

11 Under Clause 16B (1) every variation becomes part of the proposed plan as soon as the variation and proposed plan are both at the same procedural stage. This means that the proposed plan provisions will remain in effect until there have been decisions made on submissions on the variation. At that time, the provisions of the variation merge and become part of the proposed plan. If a variation substitutes for any appealed provisions of the proposed plan, those existing appeals are deemed to be against the substituted provisions included in the variation.

12 Considering some common questions about variations, it is useful to understand:

a. only rules in the variation dealing with certain topics such as heritage, have legal effect when notified. The balance of the rules only have legal effect after decisions following a hearing.

b. only the rules in the variation that have legal effect trigger the need for a consent. Consents will continue to be assessed under the rules of both the operative plan (where it is still relevant and not deemed inoperative), and the 2GP, until decisions are made on submissions.

c. the Hearings panel will, in the usual way, need to consider and make decisions on submissions that are made on the variation.

13 Each of the proposed changes in Variation 1 have been assessed against appeals on the 2GP. There are a small number of amendments proposed by Variation 1 that are directly or potentially indirectly subject to appeals on decisions on the 2GP. The changes have been assessed to ensure they do not conflict with the efficient progress of appeals and are generally changes that clarify, rather than substantively change, provisions in a way that may complicate appeals, and that were considered high priority to clarify.

14 Appellants who have appealed provisions which are being amended as part of Variation 1 will be notified of this Variation and encouraged to submit on the variation so that their views can be considered.

15 A full list of 2GP changes is attached as part of the accompanying Section 32 of the RMA report (Attachment 1). Within this report substantive amendments include an assessment as required by Section 32 of the RMA, while matters of clarification do not include such an evaluation.

16 The changes proposed by Variation 1 are anticipated to be uncontroversial and the submissions process is expected to be a relatively quick process.

17 It is proposed that Variation 1 will be notified for public submission on or before Wednesday 20 November 2019, so that the submission period ends on Wednesday 18 December 2019 and further submissions close by the end of January 2020.

OPTIONS

18 Council can consider whether to Notify Variation 1 on or before Wednesday 20 November 2019 or to notify Variation 1 at a later date.

Option One – Recommended Option – Approve notification of Variation 1 on or before Wednesday 20 November 2019

19 Under this option the Council would approve the notification of Variation 1: Minor Amendments to the Proposed Dunedin City Second Generation District Plan (2GP) on or before Wednesday 20 November 2019.

Advantages

· Will provide additional clarity and increase levels of certainty for plan users.

· Will correct, in a timely way, a small number of errors that have unintentionally led to resource consents being triggered where this was not intended.

Disadvantages

· As new issues or requests for minor changes are continually identified, undertaking Variation 1 at this point will mean some future requests are not included and will need to be included in later variations or plan changes.

Option Two – Do not approve notification of Variation 1 in November 2019

20 Under this option, the Council would decide not to approve the notification of Variation 1: Minor Amendments to the Proposed Dunedin City Second Generation District Plan (2GP) on Wednesday 20 November 2019, and instead notify at a later date.

Advantages

· Would allow more time to include more fixes or minor changes (for example additional heritage items) as they are identified.

Disadvantages

· Some of the minor errors have led to consents being triggered unintentionally and this creates a cost to applicants and rate payers, which would continue.

NEXT STEPS

21 If agreed Variation 1: Minor Amendments to the Proposed Dunedin City Second Generation District Plan will be notified for public submission on or before Wednesday 20November 2019, so that the submission period ends prior to the Christmas break.

Signatories

Author:

Anna Johnson - City Development Manager

Authoriser:

Nicola Pinfold - Group Manager Community and Planning

Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇨a	Appendix 1 – Variation 1 Section 32 of the RMA report (Under Separate Cover 1)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by and on behalf of communities and aligns with the requirements of the Local Government Act and Resource Management Act.

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	☐	☐	☒

Because the changes to the 2GP proposed by Variation 1 are minor in nature there is no contribution to the strategic framework. However, the 2GP has been developed to align with the DCC’s strategic framework.

Māori Impact Statement

There are no impacts for tangata whenua from the 2GP changes proposed by Variation 1.

Sustainability

The 2GP is focused on the sustainable management of natural and physical resources as required by the Resource Management Act and the 2GP changes proposed by Variation 1 are also consistent with the concept of sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP, Annual Plan, Financial Strategy or Infrastructure Strategy resulting from Variation 1.

Financial considerations

There will be costs involved in the notification of Variation 1 and taking it through the submission and further submission (schedule 1 of the RMA) statutory process.

Significance

The decision to notify Variation 1 is assessed as low in terms of the Council’s Significance and Engagement policy.

Engagement – external

Because of the minor nature of amendments to the 2GP proposed by Variation 1 there has been no public external engagement on this proposal. As required by the First Schedule of the RMA consultation on the 2GP was undertaken with the Minister for the Environment, and tangata whenua of the area through iwi authorities.

Engagement – internal

Engagement has occurred from November 2018 (when decisions on the 2GP were released) onwards with the Resource Consents team, and Three Waters and Transport groups. The changes proposed in Variation 1 incorporate the issues raised by these groups. The Transport Group also provided expert advice on some of the changes.

Risks: Legal / Health and Safety etc.

There are no known legal or health and safety risks.

Conflict of Interest

There are no known conflicts of interest, although if a councillor wishes to submit on the variation, they will have a conflict when the matter is reconsidered.

Community Boards

There are no implications for Community Boards.

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 District Licensing Committee Membership	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.
C2 2020 New Zealand Masters Games Financial Update	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.
C3 CEO Appraisal	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.