Notice of Meeting:

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

 

Date:                                                    Monday 4 May 2020

Time:                                                   1.00 pm

Venue:                                                Via Audio Visual Link

 

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

4 May 2020

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Public Forum                                                                                                                                                              4

2             Apologies                                                                                                                                                                    4

3             Confirmation of Agenda                                                                                                                                        4

4             Declaration of Interest                                                                                                                                           5

5             Confirmation of Minutes                                                                                                                                    19

5.1       Ordinary Council meeting - 24 February 2020                                                                               19

5.2       Ordinary Council meeting - 4 March 2020                                                                                       20

5.3       Ordinary Council meeting - 9 March 2020                                                                                       21    

Reports

6             Mayor's Report                                                                                                                                                       22

7             DCC COVID-19 Response                                                                                                                                     30

8             Annual Plan and 10 Year Plan Process Update                                                                                           37

9             Proposed Trade Waste Bylaw 2020 and Proposed Stormwater Quality Bylaw 2020                   50

10           Proposed Continuation of the Roading Bylaw                                                                                          123

11           Request for Council support for Otago Museum's Crown Infrastructure Partners funding application 154

12           DCC Submission on the Otago Regional Council Annual Plan 2020/21                                           174

13           DCC submission on the Residential Tenancy Act Amendment Bill                                                    198

14           Local Government (Rating of Whenua Māori) Amendment Bill Submission                                 262               

Resolution to Exclude the Public                                                                                                                     270

 

 


Council

4 May 2020

 

 

1          Public Forum

At the close of the agenda no requests for public forum had been received.

2          Apologies

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

3          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

4 May 2020

 

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.         Staff members are reminded to update their register of interest 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 staff members’ Interest Register.

 

 

Attachments

 

Title

Page

a

Councillor Register of Interest

7

b

ELT Register of Interest

16

  



Council

4 May 2020

 

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Council

4 May 2020

 

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Council

4 May 2020

 

Confirmation of Minutes

Ordinary Council meeting - 24 February 2020

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 24 February 2020 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 24 February 2020 (Under Separate Cover 1)

 

 

 


Council

4 May 2020

 

Ordinary Council meeting - 4 March 2020

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 04 March 2020 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 4 March 2020 (Under Separate Cover 1)

 

 

 


Council

4 May 2020

 

Ordinary Council meeting - 9 March 2020

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 09 March 2020 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 9 March 2020 (Under Separate Cover 1)

 

 

    


Council

4 May 2020

 

Reports

 

Mayor's Report

Department: Office of the Mayor

 

 

 

 

EXECUTIVE SUMMARY

1.         This report requests updated budgets for the Annual Plan 2020/2021 deliberations to reflect the changed environment caused by the effects of COVID-19. It also deals with a number of COVID-19 related matters that require approval of Council.

RECOMMENDATIONS

That the Council:

a)    Acknowledges the unanticipated impacts of COVID-19 on the DCC Draft Annual Plan 2020/2021.

b)    Requests staff prepare revised Annual Plan 2020/21 budgets that reflect the impacts of COVID-19 in time for Council consideration at the Annual Plan deliberations meeting.

c)    Requests as part of the revised budgets, a report that provides options for alternative rate increases and funding, with an assessment of any impacts on service levels, rates, borrowing and the ongoing impacts for future years.

d)    Requests that consideration be given to ways that ratepayers facing financial hardship might be supported, in addition to a lower overall rate increase.

e)    Endorses the letter from the Mayor to the Remuneration Authority requesting no change in elected members’ remuneration for the 2020/21 year.

f)     Accepts the offer of the Chief Executive to take a voluntary 15% reduction in remuneration from 1 May 2020 to 22 November 2020.

g)    Approves that the Grants Management Policy requirements for any unspent funds within one year of receipt of the funds, be suspended due to the COVID-19.

h)    Approves that the Grants Subcommittee be given the delegated authority to determine the appropriate time periods for spending allocated funds until 31 October 2020 and amends the Committee Structure and Delegations Manual accordingly.

i)     Approves extending the timeframes for Council Controlled Organisations to finalise their Statements of Intent by one month to 31 May 2020.

 

 

BACKGROUND

2.         When Council prepared and approved the draft budgets for 2020/21, the city was experiencing the most significant economic and population growth in generations. With the exception of reduced revenue from the Green Island landfill, the budgeted rates rise of 6.5% did not include increased levels of service, but the maintenance of existing services within the context of growth pressures.

3.         The 10 year plan 2018-28 provided for an average rates increase limit of 5% for years 2-10 of the plan, and an ambitious capital programme delivering on the ambitions of our strategic framework.

4.         In 2019, the purpose of local government was amended, with councils once again being expected to support and promote their community’s “four wellbeings” – economic, cultural, environmental and social.

COVID-19 and Central Government response

5.         From the beginning, the Government acknowledged that there would be significant economic impacts resulting from their public health strategy of eliminating COVID-19 in New Zealand.

6.         To mitigate the social and economic impacts of COVID-19 response, a number of welfare initiatives have been made available:

a)     Increases to core benefits and Winter Energy Payments

b)     Employer wage subsidy scheme

c)      Essential workers leave payment scheme

d)     Protection for renters and tenants

e)     Mortgage repayment deferral scheme

f)      Tax and business support

g)     Support for Maori communities and businesses

h)     Wider $12.1 billion package including income support and further investment in health.

7.         In further supporting the community there are several local steps that the DCC has taken.

8.         As detailed in the CEO’s report, parking fees were not charged across the city during lockdown and parking continues to be free in order to support workers as they return to work following lockdown.  The provision of free parking will be review as alert levels change.

9.         The Council is a landlord to a range of commercial tenants and has not collected rent from many of its tenants especially those who were unable to access their premises during level 4 restrictions.

10.       The DCC is also working with ratepayers on payment plans for the fourth rates instalment payment for 2019/20.

DISCUSSION

Draft Annual Plan 2020/21

11.       Unlike many councils, the DCC had already approved our draft budgets for consultation before COVID-19 impacts occurred.   Consultation started on 12 March – 13 days before New Zealand entered Alert Level 4.  Details of the administrative changes to the Annual Plan and 10 year plan process are detailed in Annual Plan and 10 year plan process update report – also on this agenda.

12.       The impacts of COVID-19 will undoubtably impact on the draft 2020/21 budgets. The full implications for the draft budgets, including updated forecasts and assumptions for expenditure and revenue will need to be considered  at the deliberations meeting in late May 2020.

13.       It is important that the Council receives information on possible alternatives to the 6.5% rates increase proposed in the draft budgets, and what the implications these alternatives would have on service levels, borrowing and budgets in future years.

14.       There is possibility of further support from the Government being announced between now and late May, through the forthcoming budget. The Government has been clear it anticipates the recovery to be “infrastructure-led”. To that end there are a number of revenue streams available to councils: Crown Infrastructure Partners, New Zealand Transport Agency and Provincial Growth Fund. These funding options will form part of reports to deliberations where there is sufficient detail available.

Remuneration

15.       There are two remuneration issues I wish to cover as part of this report.

16.       The first relates to the remuneration of elected members. Elected member remuneration is set externally by the Remuneration Authority, who issue a determination annually. Given the Covid19 implications for our budgets and our community. I wrote to the Chair of the Remuneration Authority asking for no determination to be issued for 2020/21 and for the determination of 1 July 2020/21 to roll over the existing rates. The letter (Attachment A) was circulated to Councillors when I wrote it, but I am now seeking formal council endorsement for the position outlined in that letter

17.       The second relates to the remuneration of the CEO. The CEO was hired on 23 November 2018 in her current two-year fixed term contract at a ‘total remuneration’, meaning it includes all benefits such as Council’s Kiwisaver contribution, of $444,000.  She requested not to take a pay increase for the year from 23 November 2019, so remains on that remuneration level.  This is 100% of her independently-assessed grade level salary, against the Local Government Salary Index for similarly graded roles (which is lower than the Public Sector index, which is in turn lower than the Private Sector index).

18.       When the COVID-19 issues were becoming apparent in mid-March, she and I had a discussion about future actions of Council, and budgetary issues.  We agreed that I would recommend Council reduce her salary by 15% for six months as a voluntary salary sacrifice.  Across the Local Government sector there is no uniform approach to this issue but many CEOs, like Mayors, are either taking a level of salary sacrifice or making specific donations to relative charities.

19.       A reduction of 15% from 1 May until 23 November 2020 when her contract term ends, a period of a little over 6 months, will result in a saving for ratepayers of approximately $38,000. 

20.       Her management team have also made salary sacrifices and are also making charitable payments. The change to the CEO’s salary requires Council approval.

Administrative matters

21.       There is a policy change made during lockdown that now requires approval by Council. This relates to the Grants Management Policy.  A change is also required to the timings for the Statement of Intents of DCHL and the CCOs.

Grants Subcommittee

22.       The current Grants Management Policy requires that any unspent funds must be returned to Council within one year of receipt unless there is prior agreement with the Council to carry over such funds.  Given many recipient organisations may have unspent grants because of the COVID-19 restrictions, the Grants Subcommittee has recommended that Council amend the policy.  This detailed in the minute below.

23.       At its meeting of 18 March 2020, the Grants Subcommittee moved the following recommendations:

Moved Cr Christine Garey / Cr Steve Walker:

That the Subcommittee:

a)    Recommends to Council that the Grants Management Policy requirements for any unspent funds within one year of receipt of the funds be suspended due to the Covid -19 virus.

b)    Recommends to Council that the Grants Subcommittee be given the delegated authority to determine the appropriate time periods for spending allocated funds.

Motion carried (GS/2020/004)

24.       Council provides financial support to a wide range of organisations across the arts, culture and sports sectors through grants and sponsorships.  To support the ongoing viability of these organisations and their ability to resume operating through the recovery period, Council will continue to provide this support through existing grants for the remainder of 2019/20.

25.      Many events in the city have been cancelled as a result of COVID-19. Grants that Council provides to support community, arts and cultural organisations will still be needed to sustain these organisations.

26.      I therefore ask that Council supports the recommendations of the Grants Subcommittee.  If the recommendations of the Grants Subcommittee are approved, the Committee Structure and Delegations Manual will be updated to reflect the changes.  The delegation will be for a six month period.

Council Controlled Organisations

27.      DCHL presented draft Statements of Intent (SOIs) for all DCHL Group Companies to the Finance and Council Controlled Organisations Committee on 9 March 2020 as part of a process that would result in SOIs being adopted by Council in June 2020. 

28.      The significant events that have occurred since 9 March 2020 have resulted in a very uncertain outlook for each of these Group Companies and it is recommended that Council extend the timeframe for finalising the SOIs by one month (as allowed by clause 4 of Schedule 8 of the Local Government Act).

29.      This would result in the timeframe for Council to provide comments on the draft SOIs being extended to 31 May and would provide the Group Companies with more time to consider the impact of COVID-19 on their future financial forecasts.  The SOIs would then be adopted by Council in July 2020.

 

NEXT STEPS

30.       The requested reports and updated budget information will be available for considerations as part of the deliberations on the draft Annual plan budgets in May 2020.

 

Signatories

Author:

Aaron Hawkins - Mayor

Attachments

 

Title

Page

a

Letter to Remuneration Authority

29

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This report enables democratic local decision making and action by, and on behalf of communities, and 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 DCC COVID-19 response contributes to all the objectives and priorities of the strategic framework.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The response and recovery to COVID-19 considers the social and economic sustainability in the short and long-term.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial impacts at this stage.

Significance

Notwithstanding the unprecedented global COVID-19 pandemic, this report is of low significance in terms of the Council’s significance and engagement policy.

Engagement – external

There has been external engagement with DCHL and the Grants Subcommittee in the drafting of this report.

Engagement - internal

There has been engagement with Governance, Finance and Corporate Services.

Risks: Legal / Health and Safety etc.

COVID-19 related risks are managed by the Council’s Covid Management Team, in accordance with business continuity plans and sector advice.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in this report.

 

 


Council

4 May 2020

 

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Council

4 May 2020

 

 

DCC COVID-19 Response

Department: Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          This report provides a high-level overview of the approach being undertaken by the Dunedin City Council in response to COVID-19 pandemic.

 

RECOMMENDATIONS

That the Council:

a)    Notes the various actions that Dunedin City Council has taken in response to the COVID-19 pandemic.

 

 

BACKGROUND

2          In late 2019, cases of a novel coronavirus were reported in Wuhan, China, which rapidly spread to other countries during January and February 2020. New Zealand experienced its first reported case on 28 February 2020, with the World Health Organisation declaring a pandemic on 11 March 2020.

3          A four-level alert level system was introduced by the New Zealand Government on 21 March 2020.  New Zealand’s 4-level Alert System specifies measures to be taken against COVID-19 at each level.  A State of National Emergency is also in place at the time of writing this report.  New Zealand is currently at Alert Level 3.

DISCUSSION

Pre-lockdown response

4          The DCC activated its pandemic business continuity planning (BCP) pre-lockdown. This was based on the extensive BCP work that had been completed in 2019 and saw the establishment of a Dunedin City Council Covid Management Team (CMT) one week after the first case of COVID-19 was confirmed in New Zealand. The DCC also activated its civil defence function and staffed the two functions with separate leadership teams in line with the BCP plans.

5          The BCP work to date had sought to identify Council’s critical functions, staff and IT requirements, and support business delivery at ‘acceptable’ levels during a disruptive event. This included enabling as many staff as possible to work remotely. A key focus of the first few weeks of the CMT response was to ensure the IT remote environment was stable, performing as expected and allowed the greatest number of staff / priority staff remote access, as well as provide staff the necessary equipment to work remotely.

6          The DCC’s quick cross-council co-ordinated response meant we were in a position of being able to meaningfully contribute towards and provide templates to assist in development of a cohesive and consistent response across the local government sector.

Level 4 - Lockdown

7          During Alert Level 4, DCC essential services remained open. This included the provision of drinking water, wastewater and stormwater management, rubbish collection, cemetery service and some regulatory services. Frontline CSA staff were equipped to manage phonecalls and requests coming from Dunedin residents initially onsite in three non-interacting teams and then fully remotely, maintaining a crucial function for the DCC.

8          Recreational and community facilities such as the libraries, pools, art galleries, playgrounds and mountain biking tracks were closed, and many events were cancelled. Some activities amplified their provision of online service including libraries, galleries and museums providing digital content available 24/7.

9          Processing of building and resource consents were also provided remotely, including virtual inspections where feasible.

10        During Alert Level 4, around 450 staff accessed the DCC remote environment (VDI and VPN platforms) every day.  In addition, others worked exclusively ‘outside’ the DCC environment including those using Microsoft Word or Excel, Outlook, and other business-specific software or activities. Office-based staff adapted quickly to working remotely from home and a wide range of work continued remotely such as asset planning, design, procurement and RMA planning.

11        While many staff were able to quickly adapt to work from home, about 15% of staff were not able to carry out some version of their roles remotely, largely in customer-facing areas of facilities that were closed.  Most staff were able to be redeployed either to assist other departments who were stretched in their operations in the remote environment, or to assist with welfare or other community needs.  The multilingual capabilities of the iSite staff, for example, meant they brought needed skills to their new role answering welfare calls across Otago.  Other staff made regular contact with people living in DCC’s social housing to check if they needed assistance.  And staff in some areas assisted by checking on welfare and needs of our own people.

12        Between 20 and 30 staff at any point in time were redeployed outside DCC to train and work as ‘contact tracers’ for the DHB to trace contacts of people who tested positive for the virus.  This started on the first days of Alert Level 4, and although those staff have been returned to DCC they remain available for redeployment if the need for contract tracing lifts again.

13        The DCC activated the Emergency Operations Centre (EOC) to support the health sector as part of the response to COVID-19.  The EOC is being managed remotely and has 2 key functions.  The first is ensuring that CDEM can respond to any other emergency during the pandemic and contingency plans have been put in place to enable this.  Staff from across the organisation have been deployed in a variety of Civil Defence roles to enable this.  The second is a sizeable welfare response to support needs of the community during the pandemic.  While this was technically delivered under the umbrella of Civil Defence, it represented a significant extension of the business as usual work of the Community Development team. 

14        Civil Defence also activated a COVID-19 welfare helpline for the Otago region and this was launched on 31 March.  The DCC took the regional responsibility for staffing the 0800 number. Calls to the regional service are triaged and some referred to other agencies best able to support their needs or provide general information, including Healthline, Police and MSD.  Referrals passed on to local welfare teams based on a needs assessment included requests for emergency food and household goods, accommodation support, transport and assistance with grocery and medication delivery.

15        To help essential service workers, all Dunedin on-street metered parks and Moray Place and Great King Street car parks were free.  There was no enforcement of time restrictions on these parks, but people were still required to park safely and observe restricted parking around mobility parks, bus stops and loading zones etc.

Level 3 – Restrict

16        New Zealand entered Alert Level 3 - Restrict at 11.59pm on Monday, 27 April. At Alert Level 3, businesses and workplaces can only open if staff cannot work from home, and workplaces are operating safely. New Zealand will be Alert Level 3 for two weeks, then Cabinet will make decisions on alert levels on Monday, 11 May.

17        The move to Alert Level 3 enabled some services to start again. The essential services such as drinking water, wastewater and rubbish collection continue unaffected, but changes included restarting the city’s kerbside glass recycling service, resuming key maintenance work for the infrastructure areas and work on large-scale projects like the Peninsula Connection.

18        Most DCC facilities remain closed, while public spaces and some recreational facilities (e.g. mountain biking tracks) opened but with restrictions in place. Free parking also continued to help essential workings and others returning to work, but enforcement of time restrictions resumed.

Crown Infrastructure Partners ‘shovel ready’ projects

19        DCC responded to a Government request for infrastructure projects that are ready for construction and could, if the Government deemed it appropriate, be deployed as part of a stimulatory package for the COVID-19 recovery.  The message from Government is that this is to be an ‘Infrastructure led recovery” and that these projects are expected to be in addition to, or an acceleration of our existing projects planned for the next 24 months, rather than seen as replacements for work already planned.

20        DCC submitted for consideration ten major “shovel-ready” projects capable of getting underway within months, including the Peninsula Connection (Portobello to Harington Point), the South Dunedin Library and Community Complex, the Mosgiel Pool, Moana Pool upgrade, a film studio development, and other 3 Waters, transport and community housing projects have been identified. The funding applications totalled $211.7 million that together with more than $100 million already in 10 year plan budgets, would see more than $300 million of key infrastructure projects fast-tracked in Dunedin. This would help the region’s economic recovery and create an estimated 940 temporary and permanent jobs and support the city’s contracting sector.

21        This is an ongoing process in which Government is yet to consider and form any views on next steps. Any decisions on the ‘shovel ready’ projects will be considered by Council once the government advises the assistance of the COVID-19 process.

Business support

22        Enterprise Dunedin has provided regular updates to business on assistance and information that is available to them. A COVID-19 Business Support Information page was initiated and put on DunedinNZ.com website.

23        In conjunction with the Otago Chamber of Commerce a survey is being undertaken to assess the impact of COVID-19 on local business, and to check in to see if they require information on options for paying their rates. The Finance department are following up any business that is requesting payment options.

24        Enterprise Dunedin have established a Dunedin Store Business Directory. The purpose of the Dunedin Store Directory is to provide a public service to let locals know what is available by way of products and services as we come out of level 4 COVID-19 response and move into recovery. The DCC has partnered with Otago Chamber of Commerce and Allied Press to develop and promote the site. This partnership was initiated to encourage a buy local campaign tying into existing activity already being undertaken by the ODT and Chamber.

25        Enterprise Dunedin have developed a marketing campaign that will be progressively rolled out as we move through the different levels of response to COVID-19. The campaign aims to encourage residents to support local businesses initially and will be widened to promote Dunedin regionally and then nationally when travel is permitted.

Procurement policy

26        In an effort to support local businesses as part of the Council’s economic response to COVID-19, changes were made to the procurement policy to enable a greater weighting to be put on contracts with local suppliers. The policy has changed from having a maximum of 15%  to a minimum of 10% for sustainability (which includes the ‘Think Local’).

Commercial property

27        Council has a diverse property portfolio and many of the tenants have been facing challenging financial times. Rent relief has been provided for businesses who were not open during Alert Level 4. Most of DCC’s leases include ‘No Access’ provisions which stipulate a fair rent reduction is required when a tenant is unable to access their premises due to situations outside their control.  This allowance was provided to all our commercial leasees for consistency and fairness across all leases.

28        A small number of tenants continued to operate as ‘Essential Services’ throughout Alert Level 4, some at full capacity and turnover, with others at a significantly reduced capacity. For those operating at reduced capacity, rent and operating relief was agreed on a case by case basis – generally in the region of 25-50%.

29        Property Services are liaising with Council tenants to understand who can operate from their premises to reach a fair level of rent relief during the Alert Level 3 restrictions. Any agreements will be reviewed on a monthly basis and at changes to COVID-19 Alert Levels as the situation develops.

Filleul Street – possible hotel development

30        We released a registrations of interest (ROI) for the development of a high quality hotel complex on the Filleul Street / Moray Place carpark site in October 2019, and four groups formally registered their interest through the process. At the time, we proposed that a staff report assessing the registrations of interest would be put to Council to consider early in 2020. That report would have summarised the responses to the ROI, and Council would then have been able to decide whether to pursue any of the proposed developments.

31        Given the changed environment following COVID-19, the process has been put on hold in the interim and the four groups notified of that.  Conversations will be held with those groups at a later date.

OPTIONS

32        As this is an update report, there are no options.

 NEXT STEPS

33        Staff will continue to perform their duties and DCC activities and services will continue to be delivered to support our community.

34       

 

Signatories

Author:

Sue Bidrose - Chief Executive Officer

Attachments

There are no attachments for this report.

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This DCC COVID-19 response promotes the social, environmental, economic 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 DCC COVID-19 response contributes to all the objectives and priorities of the strategic framework. 

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The response and recovery to COVID-19 considers the social and economic sustainability in the short and long-term.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

As this is an update report, there are no financial considerations.

Significance

As this is an update report, this report is of low significance in terms of the Council’s significance and engagement policy.

Engagement – external

There has been no external engagement in the drafting of this report.

Engagement - internal

Staff and managers from Finance, Corporate Policy, Governance, Risk and Internal Audit, Property, Procurement, CCM and Enterprise Dunedin have been involved in the drafting of this report.

Risks: Legal / Health and Safety etc.

COVID-19 related risks are managed by the Council’s Covid Management Team, in accordance with business continuity plans and sector advice.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in this report.

 

 


Council

4 May 2020

 

 

Annual Plan and 10 Year Plan Process Update

Department: Transport and Civic

 

 

 

 

EXECUTIVE SUMMARY

1.         This report provides the Council with a process update on the development of the Annual Plan 2020/21 and the 10 year plan 2021-31.

RECOMMENDATIONS

That the Council:

a)    Notes the Annual Plan 2020/21 and 10 year plan 2021-31 process update.

b)    Notes the LGNZ and SOLGM guidance for the development of 2020/21 Annual Plans, based on independent legal advice from Simpson Grierson, as outlined in Attachment A.

 

 

BACKGROUND

2.         Planning for and the development of the Annual Plan 2020/21 and 10 year plan 2021-31 has continued during the Covid-19 global pandemic and in all of the Alert Levels.

3.         Local Government New Zealand and Society of Local Government Managers prepared a local government guidance paper for budgeting, planning and setting rates in the face of COVID-19, based on independent legal advice from Simpson Grierson. The guidance paper is provided at Attachment A.

DISCUSSION

Annual Plan 2020/21

4.         The draft budget for 2020/21 was approved during the 29-30 January 2020 Council Annual Plan meeting for consulting with the community and included an overall rate increase of 6.5%.  This is the third year of the current 10 year plan for 2018-28.

5.         A consultation document was distributed to all households and included information on the draft budget as well as seeking community feedback on:

a)     Proposed 10 year plan amendment: see below for more information.

b)     LGFA borrowing: outlining Council’s intent to join the Local Government Funding Agency through Dunedin City Treasury.

c)      Draft Waste Minimisation and Management Plan: noting Council’s plan for reducing and managing Dunedin’s waste, in conjunction with the Waste Futures Project.

6.         The consultation period was originally scheduled from 12 March to 15 April. To provide additional time for the community to provide feedback, the deadline was extended to 24 April.

7.         At the time this report was prepared 903 submissions had been received and around 100 people had requested to be heard.

8.         Unlike previous years, due to the Alert Level restrictions, the Council cannot hold physical meetings.  Therefore, the hearings will be conducted virtually via zoom and audio.  If submitters cannot attend via these means, then they will be encouraged to send in additional written material.  Due to the number wanting to be heard, hearings will be held over several days from 5 May.

9.         At the time of writing this report it is uncertain whether the Annual Plan deliberations meetings from 25 to 29 May will be conducted virtually, and this will depend in part on the alert level.  We are assessing whether we can safely hold meetings in person at this point, while meeting the requirements of Level 3 of social distancing etc and reassessing the situation mid-May following any further announcements.

10.       During deliberation, Council is required to to consider the community feedback on the draft budget and following consultation, approve capital and operating budgets and fees and charges.

11.       Changes to draft budgets are possible during deliberations however, the scope of changes may be limited depending on the nature of changes Council may wish to make. This is because the draft budget has been consulted on and the annual plan is an update on the year 3 budgets of the 10 year plan 2018-28.  As noted in the LGNZ/SOLGM guidance paper, councils need to take care in considering significantly different levels of rates to what was previously indicated to the community and/or the option of setting an unbalanced budget for the 2020/21 year (Attachment A).  A change in level of service during Annual Plan deliberations for example would require consideration as to whether that triggers the requirement for a 10 year plan amendment. Material or significant changes to operating or capital budgets can be considered as part of the next 10 year plan 2021-31. The test for materiality in annual plans is cumulative, changes cannot be considered in isolation from one another.

12.       The budgets will be updated based on the decisions made at the deliberations meeting. Please note that, in order for the Annual Plan to be adopted and rates to be set by Council on 30 June 2020, the Annual Plan deliberations meeting is the last opportunity to accommodate material changes to the budget.

Annual Plan Reports

13.       All requested Annual Plan reports are on track for deliberations with one exception.  At the January meeting there was a request for an update on the central city bus loop trial feasibility study.  This  will not be available at the deliberations meeting as the report is contingent on work being undertaken jointly for the Otago Regional Council and Dunedin City Council.  This work is about 50% complete currently having slowed a little during lockdown. At this stage, an update on this item will be provided to the Council in July.

10 year plan 2018-28 amendment

14.       At the Council meeting on 11 February 2020, Council approved a proposed amendment to the 10 year plan 2018-28. The amendment proposed a decrease in the Community Services Targeted Rate from $240.50 to $100 for the 2020/21 year, to be offset by an increase in rates collected by the general rate.

15.       The proposed amendment was reviewed by Audit NZ and the consultation document included the independent auditor's report from Audit NZ.

16.       Community feedback on the proposed amendment and a decision whether or not to proceed with the amendment will be considered as part of the Annual Plan deliberations meeting. If Council decides to proceed with the proposed amendment, Audit NZ will review the information and provide an independent auditor’s report for inclusion with the formal adoption of the 10 year plan amendment on 30 June 2020.

17.       If Council decides not to proceed with the amendment, then there is unlikely to be a requirement to audit the Annual Plan.

10 year plan 2021-31

18.       Alongside the Annual Plan, the 10 Year Plan 2021/31 is being developed.  A project management structure has been put in place which supports the development of the 10 year plan (the Plan), engagement with Council, and the decision making processes of Council. 

19.       Council’s role includes providing the strategic direction for the Plan, making decisions on all key components of the Plan, approving the consultation document and adopting the final plan.

20.       The project management structure consists of a steering group, a 10 year plan project team, and six workstream. Each of the workstreams are responsible for delivering particular parts of the 10 year plan. Additional detail on the project management structure and the 10 year plan deliverables is provided in Attachment B.

21.       While work is underway on the Plan, the work programme has been impacted by the outbreak of COVID-19. 

22.       Developing significant forecasting assumptions such as economic and growth assumptions is challenging in this context.  These are underlying assumptions that inform the development of the plan, and all of its key documentation including the Financial Strategy, Infrastructure Strategy, work programmes and financial budgets. Economic and growth projections were prepared prior to the Covid-19 outbreak, however these projections will be impacted by the economic downturn from Covid-19 and likely impacts on population, dwelling, rating unit and visitor numbers.

23.       The intention is to use current information to develop a set of scenarios that will be used to inform planning for the 10 year plan.  As there is more certainty over coming months of the economic and growth related impacts of COVID-19, these scenarios and assumptions may be refined into a most likely scenario for the 10 year plan budgets and activities. Work is underway on these updated projections and scenarios and it anticipated these will be available in late May.

24.       In terms of timing, with priority being given to ensuring the provision of essential services and ongoing planning during this pandemic, the programme of work to develop the 10 year plan has been impacted.  Time pressures may increase, depending on how long this disruption period may continue for. 

25.       Note is made that options for future engagement with our community on the Plan may be limited, and dependent on which level of lockdown, if any, is in place at various times. Different ways of engaging with the community may need to be explored if the Covid 19 alert levels remain in place for a considerable time period.

26.       Major projects that will be in the Plan include carbon zero 2030 goals, kerbside collection options, STVA and rating method, and a new landfill.  It is likely that as work progresses, other major projects will be identified for inclusion in the Plan.  Early engagement on kerbside collection is currently in progress, and will inform the options that need to be presented in the consultation document. 

27.       Workshops with Councillors will be rescheduled, so that Councillors may continue to be provided with briefings on all key components of the 10 year plan, and kept informed.

28.       Reports on 10 year plan matters will be brought to Council on a regular basis, seeking decisions on the development of key components of the Plan, and providing updates on progress.  At this stage, a 10 year plan Council meeting has been scheduled for 16 to 18 December, where activities and proposed 10 year budgets are to be presented to Council for its consideration.  Note is made however that all of our time frames are dependent on our ability to progress this project and may change. 

OPTIONS

29.       As this is an update report, there are no options.

NEXT STEPS

30.          Work will continue on developing the 10 year plan 2021-31 and preparing for the Annual Plan hearings and deliberations.

 

 

Signatories

Author:

Tami Sargeant - Team Leader Regulatory Management - Transport

Sharon Bodeker - Corporate Planner

Authoriser:

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

LGNZ SOLGM Covid-19 advice to Councils budgeting and setting rates

43

b

10 year plan 2020-31 project structure

49

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

10 year and annual plans enable democratic local decision making and action by, and on behalf of communities; and promotes the social, cultural, environmental and economic wellbeing of Dunedin communities now, and in 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

10 year and annual plans contribute to all of the objectives and priorities of the strategic framework as it describes the Council’s activities; the community outcomes; and provides for decision making and coordination of the Council’s resources, as well as a basis for community accountability.

Māori Impact Statement

10 year and annual plans provide a mechanism for Māori to contribute to local decision-making.

Sustainability

Major issues and implications for sustainability relating to the capital expenditure programme are discussed and considered in the 50-year Infrastructure Strategy as part of the 10 year plan 2018-28.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

These considerations are the subject of the report.

Financial considerations

As this is an update report, there are no financial considerations for this report.

Significance

As this is an update report, this report is of low significance in terms of the Council’s significance and engagement policy.

Engagement – external

Consultation has been undertaken on the draft 2020/21 budgets and a proposed amendment of the 10 year plan 2018-28.

Engagement - internal

Staff from Finance, Governance, Corporate Policy and CCM have been involved in the drafting of this report.

Risks: Legal / Health and Safety etc.

Sector advice from LGNZ and SOLGM (Attachment A) is underpinned by legal advice.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards may be interested in this report, and were involved in the Annual Plan engagement.  Boards are also submitting as part of the Annual Plan process.

 

 


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Proposed Trade Waste Bylaw 2020 and Proposed Stormwater Quality Bylaw 2020

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          The report seeks the Council’s approval to notify the proposed Trade Waste Bylaw 2020, proposed Stormwater Quality Bylaw 2020 and the Statement of Proposal, to be used for consultation using the special consultative procedure.

2          The Council must also determine, before 30 June 2020, , that the proposed bylaws are the most appropriate form of bylaw and do not give rise to any implications under the Bill of Rights Act 1990, or the current Trade Waste Bylaw 2008 will be automatically revoked. Without a bylaw, the Council would lose its ability to control trade wastes discharges into the wastewater system, and the quality of discharges into the stormwater system.

RECOMMENDATIONS

That the Council:

a)     Agrees that the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 are the most appropriate form of bylaws.

 

b)     Determines that the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 do not give rise to any implications under the New Zealand Bill of Rights Act 1990 and are not inconsistent with this Act.

 

c)     Determines that the special consultative procedure, in accordance with the Local Government Act 2002, must be used to make the proposed Stormwater Quality Bylaw 2020 and the proposed Trade Waste Bylaw 2020.

 

d)     Approves the attached Statement of Proposal (including the summary of the Statement of Proposal) and the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 to be notified for consultation, subject to staff making minor corrections and alteration of consultation and project timeframes in the Statement of Proposal and summary of Statement of Proposal to reflect changes needed as a result of consultation delays related to Covid‐19.

 

e)     Notes that the Statement of Proposal and proposed bylaws will be sent to the Minister of Health for comment to meet the requirements of section 148(1) of the Local Government Act 2002.

 

 

 

BACKGROUND

Purposes of bylaws

 

3          Bylaws can be made, under the Local Government Act 2002 (the Act), for one of more of the following general purposes: protecting the public from nuisance; protecting, promoting, and maintaining public health and safety; and minimising the potential for offensive behaviour in public places (section 145).

4          The Act also specifically provides for a territorial authority to make a bylaw for the purposes of regulating trade wastes (section 146).

Trade Waste Bylaw 2008

5          The Dunedin City Council Trade Waste Bylaw 2008 (the 2008 Bylaw) regulates the discharge of trade wastes to the DCC’s wastewater system. The 2008 Bylaw also includes some provisions to regulate the quality of discharges to the DCC’s stormwater system.

 

Bylaw review requirements

6          Under the Act, bylaws must be reviewed within five years of a new bylaw being made and, thereafter, within ten years of the last review.

 

7          A trade waste bylaw has been in place for 33 years. The Green Island Borough Council Trade Wastes Bylaws No.11 1987 was revoked and replaced by the Dunedin City Council Trade Waste Bylaw 2008. A review every ten years is therefore appropriate.

Review of the 2008 Bylaw

8          On 12 February 2018, the Infrastructure Services and Networks Committee approved commencing a review of the 2008 Bylaw (INF/2018/009).

9          On the 28 May 2019, the results of the review were reported to the Council. The Council approved the development of a separate Stormwater Quality Bylaw in parallel with the development of an updated Trade Waste Bylaw (CNL/2019/152).

10        In accordance with the Act, the review of the 2008 Bylaw must be undertaken by the 30 June 2020 or it will be automatically revoked. To complete this review, the Council must determine that the proposed bylaws are the most appropriate form of bylaw and that they do not give rise to any implications under the Bill of Rights Act 1990. These determinations are proposed in this report.

11        The review considered feedback from existing trade waste customers on the 2008 Bylaw received in December 2018. In November 2019 further feedback was sought from business that may be impacted by changes being considered.

12        In July 2019, 3 Waters staff engaged with Te Rūnanga o Ōtākou and Kāti Huirapa ki Puketeraki (through Aukaha) and the Otago Regional Council (ORC) on management options for identified issues and provided the opportunity for feedback on the proposed bylaws.

13        In July 2019 staff held a workshop to present information to Councillors about the bylaw review. The workshop also provided an opportunity for Councillors to ask staff questions about the proposals. In February 2020 a briefing provided Councillors with an update on the proposed changes.

14        The Statement of Proposal and draft bylaws attached to this report incorporate feedback received during the review, in addition to earlier feedback received via internal staff workshops and a survey of trade waste customers.

a)         The Statement of Proposal is included as Attachment A, and a summary of the Statement of Proposal is attached as Attachment D.

b)        The proposed Trade Waste Bylaw 2020 is included as Attachment B.

c)         The proposed Stormwater Quality Bylaw 2020 is included as Attachment C.

15        Section 156 of the Act requires that the Special Consultative Procedure be used when making or amending a bylaw if it is considered that there is or is likely to be significant impact on the public due to the proposed bylaws. The changes proposed to the Trade Waste Bylaw are unlikely to have significant impacts on most existing trade waste consent holders but may have some impact on businesses where clarity has been provided that trade waste consent is required. Although there are no significant changes to the Stormwater Quality Bylaw provisions, the separation of these provisions from the Trade Waste Bylaw makes it clearer that these provisions apply to everyone and the clarification about what discharges would not comply with the bylaw may be perceived as an impact on how people undertake activities that generate a discharge. For these reasons the Special Consultative Procedure is considered appropriate.

16        Section 148 of the Act sets out special consultation requirements a territorial authority must follow for bylaws relating to trade wastes. A territorial authority may comply with both requirements by using a single consultative process. This is the approach proposed for consultation on the bylaws.

DISCUSSION

Separating stormwater and wastewater requirements into new bylaws to manage the quality of discharges to the Council’s infrastructure systems

17        Changes from the 2008 Bylaw are proposed to ensure the Council has effective regulatory options to protect people and the environment and manage discharges to the wastewater and stormwater systems.

18        The 2008 Bylaw will be revoked and replaced with two separate bylaws (as approved by Council 28 May 2019):

a)         a new Trade Waste Bylaw 2020; and

b)        a new Stormwater Quality Bylaw 2020.

19        The proposed bylaws will:

a)         clarify, simplify and update the provisions of the existing bylaw;

b)        move the stormwater provisions into a separate bylaw;

c)         simplify the existing bylaw by removing trade waste registration and application forms; and

d)        introduce new measures to address issues identified during the review process.  These are set out in the Statement of Proposal.

20        The proposed Stormwater Quality Bylaw 2020 is designed to protect people, the environment and the stormwater system from the effect of the discharge of contaminants to the stormwater system.

21        The proposed Trade Waste Bylaw 2020 is designed to protect people, the environment and to ensure the efficient operation of the wastewater system.

22        The attached Statement of Proposal details specific proposals relating to both bylaws, the reasons for the proposals and, where relevant, the options considered. Offences, and the penalties for them, are outlined in the bylaws.

23        As the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 may have public impacts, the use of the special consultative procedure is considered appropriate.

·                Bill of Rights Act 1990

 

24        Sections 155 of the Act requires a local authority to determine whether a proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. If this determination is not made before the 30 June 2020 the 2008 Bylaw will be automatically revoked in accordance with the Act.

25        The bylaws have been assessed against the civil and political rights identified in the Bill of Rights Act 1990 by both 3 Waters staff and through an external legal review. These assessments have determined the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020 do not give rise to any implications under the New Zealand Bill of Rights Act 1990 and are not inconsistent with that Act. A recommendation in this report requires Council to confirm these assessments and ‘determine’ that the proposed bylaws do not give rise to implications under this Act.

·                Proposed consultation approach

 

26        A combined process will be used to consult the community on both the proposed Trade Waste Bylaw 2020 and the proposed Stormwater Quality Bylaw 2020.

27        The Act requires that after the Statement of Proposal is notified for consultation, the community have a two‐month period to provide feedback.

28        Due to the current situation with the Covid‐19 pandemic, the original consultation and project timeframes proposed in the attached Statement of Proposal have been impacted. Precise dates are not proposed at this stage due to the uncertainties surrounding the Covid‐19 Level 3 and 4 lockdown period, but the consultation period is intended to commence mid 2020, with a decision anticipated by early 2021. The Council is being requested to approve the attached proposed bylaws and Statement of Proposal containing the original consultation dates, and to grant approval for staff to update the attached documents and project dates once appropriate arrangements for consultation can be made following the Covid‐19 Level 3 and 4 lockdown period.

29        The community will be notified via the DCC website and the Otago Daily Times. The Statement of Proposal and feedback form will be available on the website and hard copies will be available at libraries and DCC service centres. All existing trade waste customers and other businesses identified as undertaking activities that may specifically be affected by the proposed bylaws will be directly advised of the submission process and sent a link to the Statement of Proposal and feedback form.

30        In accordance with the requirements of section 148(1) of the Act, the Statement of Proposal will be sent to the Minister of Health for comment.

31        3 Waters staff will be available to discuss the proposals with the community as required.

32        A hearing panel will be rejoined to consider submissions in the new proposed bylaws.  A separate paper will be printed of constitution of the hearings panel prior to the need for a hearing.

1            

33        The Act requires that the Council must receive and consider any submission about the proposed Trade Waste Bylaw 2020 and proposed Stormwater Quality Bylaw 2020. These submissions can be made to the Council in any form. It is proposed to set up a Hearing Panel which would be able to receive and hear any submitters who wished to speak to their submissions, as outlined below.

·                Implementing the bylaws

 

34        Staff will continue to work together with the community and new and existing trade waste customers to implement both proposed bylaws. At present, the DCC only investigates discharges to the stormwater system in response to pollution complaints. Options for implementation will be presented to the Council when the report recommending adoption of the bylaws is presented.

OPTIONS

35        This report recommends that the Council determines that the special consultative procedure be used to invite public input on the proposed bylaws.

 

36        As this report is recommending a statutory process is followed, no options are presented in relation to these matters.

NEXT STEPS

37        If the Council approves the Statement of Proposal (which includes the proposed bylaws), it will be notified for consultation in accordance with the requirements of the Act. A two‐month consultation period will commence in mid‐2020: the exact date will be confirmed but will follow the Covid‐19 Level 3 and 4 lockdown period.

38        A report constituting the panel will be prepared for consultation by the Planning and Environment Committee or Council.

39        Staff will summarise feedback received and prepare a report for the Hearings Panel prior to hearings commencing in late 2020.

40        After hearings and deliberations, staff will report back to the Council with the Hearing Panel’s recommendations and any amendments proposed in response to the Panel’s recommendations, for the Council’s consideration.

 

Signatories

Author:

Jacinda Baker - Policy Analyst

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

 

Title

Page

a

Statement of Proposal

58

b

Proposed Trade Waste Bylaw 2020

93

c

Proposed Stormwater Quality Bylaw 2020

116

d

Summary of Statement of Proposal

121

 

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 environmental and economic 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 recommendations in this report support the Council in meeting the objectives of Dunedin’s strategic framework, in particular, improving the quality of discharges to minimise impacts on the environment.

Māori Impact Statement

Iwi, through Aukaha, have had an opportunity to provide early feedback on the proposed bylaws

Sustainability

The bylaws will have a positive impact on environmental sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Additional funding (if required) for implementation of the proposed bylaws will be included in the draft budgets for the 10 Year Plan. The proposed bylaws will contribute to the objectives of the Infrastructure Strategy.

Financial considerations

The cost of the  special  consultative  procedure  will  be  met  from  existing  3  Waters  operational budgets.

Significance

This decision to  approve  the  Statement  of  Proposal  and  proposed  bylaws  for  consultation  is considered medium significance in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Key stakeholders have been advised of the review of this bylaw and been asked for initial feedback. They will also be advised of opportunities to provide their views i.e. via submissions and at hearings. Key stakeholders are: existing trade waste customers, iwi, the ORC and potential new trade waste customers (business that may be impacted by changes to the bylaws).

 

Discussions have been held with iwi (through Aukaha) and the ORC, to confirm their support for the approaches proposed in the bylaws to address issues.

 

The bylaws have been subject to external legal review.

Engagement - internal

There has been internal engagement with 3 Waters staff, Environmental Health, Waste and Environmental Solutions, Parks and Recreation, City Development, Building services and in‐house legal services.

Risks: Legal / Health and Safety etc.

There are no identified risks with this decision.

Conflict of Interest

There are no known conflicts of interest with this decision.

Community Boards

Community Boards may be interested in the Statement of Proposal and proposed bylaws and will have an opportunity to participate as part of the process.

 

 

 


Council

4 May 2020

 

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4 May 2020

 

 

Proposed Continuation of the Roading Bylaw

Department: Transport

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks approval for continuing the existing Roading Bylaw without amendment, except for the date of the bylaw and clarification of definitions.

 

RECOMMENDATIONS

That the Council:

a)     Determines that continuing the Roading Bylaw is the most appropriate way to regulate the activities of road corridor users and their impact on the roading asset in Dunedin.

c)     Determines that the Roading Bylaw is the most appropriate form of bylaw.

d)     Determines that there are no inconsistencies with the New Zealand Bill of Rights Act 1990.

e)     Notes that the special consultative procedure is not required for the proposed continuation of the Roading Bylaw.

f)      Approves the ‘Proposed continuation of the Roading Bylaw – reasons for proposal’ document for community feedback (Attachment C).

 

BACKGROUND

2          The DCC has had a Roading Bylaw for the last 30 years. The Roading Bylaw 2008 was made under sections 145 and 146 of the Local Government Act 2002 (LGA) and section 22AB of the Land Transport Act 1998. The underlying purpose of the Roading Bylaw is to regulate the activities of road corridor users and their impact on the roading asset.

3          Bylaws are made under the LGA and need to be reviewed every ten years. Following a review, a bylaw may be amended, revoked, replaced or continued. If a bylaw is not reviewed, it is automatically revoked two years from the date the review was due. The Roading Bylaw will be automatically revoked on 30 June 2020 unless it is amended, revoked and replaced, or continued without change.

4          The Council considered the proposed continuation of the Roading Bylaw on 24 February 2020.

5          Following questions, it was agreed that staff would investigate the advantages of separating definitions of road and footpath, and it was resolved:

That the Council:

Lays the report - Proposed Continuation of the Roading Bylaw on the table and not discuss it further at this meeting.

Moved (Mayor Aaron Hawkins/Cr Chris Staynes)                 Motion carried (CNL/2020/024)

6          Following the Council meeting, staff reviewed and modified the definitions in the Roading Bylaw to align with Land Transport legislation, and as a result, this is an updated report from the report considered on 24 February 2020.

DISCUSSION

7          The Roading Bylaw currently addresses the following roading-related issues and associated problems:

a)         Protecting and maintaining public safety and the health and safety of the Council staff;

b)        Protecting the environment and enabling the Council to meet the requirements of the Resource Management Act 1991 and ensuring Council compliance with consent conditions for various occupations of road reserve;

c)         Protecting the current and future roading network infrastructure and associated investment into this infrastructure;

d)        Ensuring fair and equitable treatment of parties occupying or affecting the roading network.

8          Attachment A shows some common situations where the Roading Bylaw is the key regulation used to allow it or resolve in a different way. It is not uncommon for bylaws and other regulations to overlap as they may control different activities.  The Roading Bylaw is the key bylaw in controlling what happens within the road corridor for the health and safety of the public and the protection of the city’s roading assets.

9          A review of the Roading Bylaw has been undertaken and indicated that the Roading Bylaw is generally working well for the areas of operation and no substantive changes are needed. Therefore, it is proposed that the Roading Bylaw is continued without amendment, except for the date of the bylaw (Attachment B).

10        The review identified some opportunities to improve processes such as applications, licenses and fees, and policies related to the Roading Bylaw (eg. road encroachment, fees and charges, skips and containers). If the Roading Bylaw is adopted without amendment following community consultation, policy and process improvements could be developed and implemented.

11        Following questions raised at the Council meeting, staff reviewed the definitions, it is recommended that the definitions are deleted and that unless the context otherwise requires, the definitions are the same as the Land Transport Act 1998 and Land Transport Rules. This will ensure consistency and alignment with other transport-related bylaws and legislation.  Staff will be available at the meeting if there are questions around the definitions.

Determinations

12        Sections 155 and 160 of the LGA require a territorial authority to determine whether a bylaw is the most appropriate way of addressing the perceived problem; whether it is the most appropriate form; and whether it is inconsistent with the New Zealand Bill of Rights Act 1990.

13        A bylaw is considered necessary because non-regulatory methods (e.g. voluntary compliance and education) cannot be relied on entirely to address the roading-related issues. Some activities can affect a variety of aspects such as the safety of the general public and property or the environment.  In such situations, it is important for the Council to have a greater ability to regulate and enforce policies and practices. Other regulations and legislation which apply to the roading network do not cover all the matters and situations dealt with in the current Roading Bylaw. The use of roading bylaws is a process used commonly throughout New Zealand. Therefore, the proposed continuation of the bylaw is still considered the most appropriate way to regulate the activities of road corridor users and their impact on the roading asset in Dunedin.

14        The proposed continuation of the Roading Bylaw has been reformatted using the DCC bylaw template and is considered to be in the most appropriate form.

15        The proposed continuation of the Roading Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

Consultation requirements

16        The Council needs to consult on the proposed continuation of a bylaw under section 160 of the LGA. The special consultative procedure is not required as there is no significant impact on the public due to no substantial changes to the bylaw.

17        The current Roading Bylaw has been in place since 2008, and the community and stakeholders directly affected or impacted by the Roading Bylaw are currently aware of their responsibilities and the regulations around use of the road corridor. There is no significant impact to the continuation of the Roading Bylaw on these users as the status quo would prevail.

18        Feedback would be sought from road corridor users and stakeholders such as the Automobile Association and NZTA on the proposed continuation of the Roading Bylaw, as well as general public notification through the DCC website and print media.

19        Reasons for the proposed continuation of the Bylaw as required under the LGA have been drafted (Attachment B) to support community feedback if the Council approves retaining the Roading Bylaw without amendment.

 

OPTIONS

Option One – Approve the continuation of the Roading Bylaw without amendment

Advantages

·    The Roading Bylaw is generally working well in addressing roading-related issues and associated problems.

·    No change to responsibilities and regulations for road corridor activities.

Disadvantages

·    Staff resources are required to undertake this work.

Option Two – Do not approve the continuation of the Roading Bylaw 

Advantages

·    No staff resources are required.

Disadvantages

·    The Roading Bylaw 2008 will automatically lapse on 30 June 2020.

·    The Council will have limited control over activities of road corridor users and their impact on the roading asset.

NEXT STEPS

20        If the Council approves the proposed continuation of the Roading Bylaw without amendment and the attached reasons for proposal, feedback will be sought from users of the road corridor and general public.

21        Feedback will be provided to the Council to consider before final approval of the Roading Bylaw 2020.

 

 

Signatories

Author:

Michael Tannock - Transport Network Team Leader

Tami Sargeant - Team Leader Regulatory Management - Transport

Authoriser:

Merrin Dougherty - Asset and Commercial Manager, Transport

Simon Drew - General Manager Infrastructure Services

Attachments

 

Title

Page

a

Roading Bylaw - examples of situations where it is used

129

b

Proposed Roading Bylaw 2020

146

c

Proposed continuation of Roading Bylaw - reasons for proposal

151

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This Roading Bylaw promotes the social, economic and environmental 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 Roading Bylaw supports the above strategies.

Māori Impact Statement

There are no known specific impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

10 year plan/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

The decision to retain the Roading Bylaw is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Community feedback will be sought from users of the road corridor and general public on the proposed continuation of the Roading Bylaw.

Engagement - internal

Internal engagement has occurred with Transport, Property and in-house legal services.

Risks: Legal / Health and Safety etc.

If the Roading Bylaw is not retained, the Council will have limited control over activities of road corridor users and their impact on the roading asset.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no impacts for Community Boards.

 

 


Council

4 May 2020

 

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4 May 2020

 

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4 May 2020

 

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Council

4 May 2020

 

 

Request for Council support for Otago Museum's Crown Infrastructure Partners funding application

Department: Ara Toi

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to recommend that Council supports the Otago Museum’s application to Crown Infrastructure Partners for funding of capital works to the Museum.

RECOMMENDATIONS

That the Council:

a)     Supports the Otago Museum’s application to Crown Infrastructure Partners for capital funding.

 

BACKGROUND

2          The Otago Museum’s local authority funding arrangements are governed by the Otago Museum Trust Board Act 1996. The funding from the contributing authorities provides just over half of the Museum’s total operational budget. However over the last seven years  the Museum has identified significant areas in which capital investment is also required. These include roof renewal, a new sprinkler-based suppression system, seismic upgrades and gallery refreshment.

3          Council has recognised these capital needs exist but has only been able to make a limited financial contribution. An annual grant of $75k towards the Otago Museum’s Tangata Whenua Gallery development was approved for 2 years – 2019/20 and 2020/21 – as part of the 10 year plan.

DISCUSSION                                                                            

4          The Otago Museum is applying to Crown Infrastructure Partners for capital funding

5          The Museum has identified a package of works to be undertaken over two years. The works comprise:

a)         A new fit for purpose sprinkler system

b)        Improvements to earthquake resilience in the collection stores

c)         Replacing leaking roofs

d)        Redevelopment of the Ross Building and the Tangata Whenua gallery.

6          The package of works has been costed at $24,840,096.

7          The Museum is seeking the support of Council for its application to Crown Infrastructure Partners (CIP).

8          Applications to the CIP had to be lodged by 14 April, in order to meet this deadline the Chief Executive provided a provisional letter of support for the Museum’s application subject to ratification by Council.

OPTIONS

Option One (Recommended Option) Supports the Otago Museum’s CIP bid

 

9          This is the preferred option.

Advantages

·        Demonstrates support for the Otago Museum’s capital investment request

·        If successful, the funding will create significant economic benefit to the city.

 

Disadvantages

·    There are no identified disadvantages for this option.

Option Two Do not support the Otago Museum’s CIP Bid

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Lost opportunity to secure economic advantage for the city.

NEXT STEPS

10        If approved a copy of Council’s resolution will be provided to Crown Infrastructure Partners

 

Signatories

Author:

Nick Dixon - Group Manager Ara Toi

Authoriser:

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Otago Museum Application

158

b

Copy of CEO's letter of support

173

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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 project will strengthen the Museum’s ability to care for and make accessible its collections to broad audiences and will therefore enhance the city-wide provision of culture and the arts. The project will provide opportunities for local procurement and job creation and will therefore support the City’s economic development.

Māori Impact Statement

The themes of the Tangata Whenua gallery have been developed with the full participation of the Otago Museum’s Māori Advisory Committee.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for Council.

Financial considerations

There are no financial considerations for Council.

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 risks for Council.

Conflict of Interest

No conflicts of interest have been identified.

Community Boards

There are no implications for Community Boards.

 


Council

4 May 2020

 

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Council

4 May 2020

 

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Council

4 May 2020

 

 

DCC Submission on the Otago Regional Council Annual Plan 2020/21

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1.         This report seeks retrospective approval for a Dunedin City Council (DCC) submission (Attachment A) to the Otago Regional Council (ORC) on its draft Annual Plan 2020/21 (Attachment B).  

 

RECOMMENDATIONS

That the Council:

a)     Approves, in retrospect, the DCC submission to the Otago Regional Council draft Annual Plan 2020/21.

 

 

BACKGROUND

2.         The ORC sought feedback on their draft Annual Plan 2020/21 by 24 April 2020.

3.         The key topics the ORC was seeking feedback on were: freshwater, biodiversity, climate change, and urban development.

4.         DCC staff drafted a submission in line with current Council policies and given timing, sought Councillor feedback via email.  The Mayor approved a revised version of the submission, which incorporated Councillor feedback, and it was submitted on 24 April 2020.

DISCUSSION

5.         The ORC sought feedback on changes in freshwater management, biodiversity, climate change, and urban development in the draft Annual Plan 2020/21. The DCC submission was prepared with input from Transport, City Development, 3 Waters and Policy staff.  The DCC also includes feedback on transport topics including in relation to the Regional Public Transport Plan.  The draft submission was circulated to Councillors for their review and input.

6.         Councillors provided the following feedback:

a.    Acknowledgement of the unexpected challenges presented by the unfolding COVID-19 crisis and requesting that the ORC reconsider rate increases for Dunedin residents. Councillors acknowledge the importance of ORC activities and obligations as an environmental regulator and requested the ORC consider using financial reserves if necessary, to offset the need for large rates increases.

b.    Reservations with requesting that the ORC provide additional resourcing across a number of activities in light of the current economic downturn.

c.     Request that Port Otago consider assessing emissions of ships visiting the region, with particular reference to cruise ships;

d.    Importance of collaboration on progressing safe, shared paths to rural communities, when reviewing the Regional Public Transport Plan;

e.    Reference to the importance of ongoing partnership on matters concerning the Otago harbour edge.

7.         The Mayor approved a revised version of the submission and it was submitted on 24 April 2020.  

OPTIONS

Option One – Recommended Option – Approve retrospectively

 

8.         Retrospectively approve the DCC submission to the Otago Regional Council draft Annual Plan 2020/21.

Advantages

·        Opportunity to show support, and highlight pathways for collaboration with the ORC, one of the DCC’s major strategic partners.

Disadvantages

·        There are no identified disadvantages for this option.

Option Two – Withdraw submission

9.         Do not submit on the ORC draft Annual Plan 2020/21 and withdraw the DCC submission.

·               Advantages

 

·   There are no identified advantages for this option.

 

·                Disadvantages

 

·   Missed opportunity to show support and highlight pathways for collaboration with the ORC.

NEXT STEPS

10.       If Council retrospectively approves the DCC submission on the ORC draft Annual Plan 2020/21, no further action is required.  If Council does not retrospectively approve the DCC submission, the DCC will ask the ORC to withdraw the DCC submission.

 

Signatories

Author:

Hoani Yates - Policy Advisor

Authoriser:

Nicola Pinfold - Group Manager Community and Planning

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

DCC ORC Annual Plan Submission

179

b

ORC Proposed Annual Plan

187

 

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

The draft submission has been developed in line with the goals and objectives of the strategic framework.

Māori Impact Statement

There are no known specific impacts for tangata whenua resulting from a decision to approve the DCC submission.

Sustainability

The DCC submission supports sustainability goals in relation to climate change, freshwater, biodiversity, urban development and transport.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known impacts for current levels of service and/or performance measures resulting from a decision to approve the draft DCC submission.

Financial considerations

There are no known financial implications resulting from a decision to approve the DCC submission.

Significance

This decision is considered to be of low significance when assessed against the Significance and Engagement Policy.

Engagement – external

There was no external engagement on this report.

Engagement - internal

Staff from Corporate Policy, City Planning, 3 Waters, and Transport developed the draft submission.

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 known implications for Community Boards.

 

 


Council

4 May 2020

 

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Council

4 May 2020

 

 

DCC submission on the Residential Tenancy Act Amendment Bill

Department: Corporate Policy and Property

 

 

 

 

EXECUTIVE SUMMARY

1         This report seeks retrospective approval for the Dunedin City Council (DCC) submission (attachment A) to the Social Services and Community Committee on the Residential Tenancy Act (RTA) Amendment Bill (Attachment B).

 

2         The Residential Tenancies Act 1986 has been law for more than 30 years.  The bill proposes a range of changes to modernize the Act so that it is better suited to today’s renting environment.  It aims to balance the rights and obligations of tenants and landlords.

 

3         The submission generally supports the modernisation of the Residential Tenancy Act in general and recommends to Parliament that Section 55(2)(a) is reconsidered.

RECOMMENDATIONS

That the Council:

a)     Approves, in retrospect the DCC submission to Parliament on the Residential Tenancy Act Amendment Bill.

 

BACKGROUND

4          The Residential Tenancies Act 1986 (RTA) is the key legislation regulating interactions between landlords and tenants in New Zealand. The proposed amendments follow on from recent Government initiatives such as the removal of letting fees and the introduction of Healthy Homes Standards. The Government considers that every New Zealander should have a safe, warm, dry home to call their own, especially if they’re renting.

 

5          The key goals of the proposed changes are to modernise the RTA which came in to force over 30 years ago, and rebalance the rights and obligations of tenants and landlords.

10.    

 

6          The proposed RTA amendments for the first time refers to the “Public and Community Housing Management Act” for the definition of a Community Housing provider. The Public and Community Housing Management Act defines a Community Housing provider as a housing provider that provides one or both of the following:

 

i)                            Social rental housing

 

ii)                           Affordable rental housing.

 

7          The DCC is therefore eligible for the special housing provisions when terminating social housing tenancies under the proposed RTA amendments.

 

8          DCC staff drafted a submission in line with current Council policies and given timing, sought Councillor feedback via email.  The Mayor approved a revised version of the submission and it was submitted on 31 March 2020

DISCUSSION

9          The DCC submission is in general supportive of the proposed amendments to the RTA including the following:

 

·        Amendments preventing landlords unreasonably withholding consent for tenant fixtures (Sections 42A addition) or minor changes to a property (Sections 42B addition).  The DCC sees these as good steps to ensuring tenants have the opportunity to turn their house into a home.

·        Amendments which protect a tenant from regular increases in their rent by restricting increases to in a 12 months period (See Section 24 amendment).

·        The removal of letting fees (Section 17A amendment).

 

·        The prohibition of rental bidding in the rental market (Section 22G addition).

 

10        However, the DCC submission does recommend that Parliament reconsiders Section 55(2)(a), which states “The Tribunal must (subject to subsection (3)) make the order (to terminate a tenancy due to antisocial behaviour) if satisfied that:

 

a)     on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission (other than the landlord or a person acting on the landlord’s behalf or with the landlord’s authority), engaged in anti-social behaviour in connection with the tenancy.

 

11        The DCC recommends instead of requiring a specific number of incidents within a specific timeframe, that the Tenancy Tribunal is given the ability to consider an order for a 90-day notice on a case by case basis, i.e. by considering the severity of the anti-social behaviour as well as any evidence provided by the landlord to demonstrate that the behaviour has in fact occurred.

 

12        The DCC submission also recommends the Select Committee recommend a review of the Income Related Rent Subsidy, to encourage more social and affordable housing and investigate the inclusion of local authorities as eligible providers.

OPTIONS

 

Option One – (Recommended Option) Approve Retrospectively 

 

13        Retrospectively approve the DCC submission on the Residential Tenancies Amendment Bill.

 

           Advantages

·        Opportunity for the DCC to provide feedback to assist central government in refining the proposed amendments.

 

           Disadvantages

·        There are no identified disadvantages for this option.

 

Option Two – Withdraw submission

14        Do not submit any comments to the Select Committee on the Residential Tenancies Amendment Bill.

 

Advantages

·        There are no identified advantages for this option.

 

Disadvantages

·   Missed opportunity to influence policy and regulations in a key area that affects the community.

NEXT STEPS

15        If Council retrospectively approves the DCC submission, no further action is required.  If the Council does not retrospectively approve the DCC submission, the DCC will ask the Select Committee to withdraw the DCC submission.

 

Signatories

Author:

Hoani Yates - Policy Advisor

Kate Milton - Manager Housing

Authoriser:

David Bainbridge-Zafar - Group Manager Property Services

Sandy Graham - General Manager City Services

Attachments

 

Title

Page

a

DCC RTA Submission Letter

203

b

Residential Tenancy Act Amendment Bill

205

 

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

 

This submission contributes to the social wellbeing and other policies/plans such as the Dunedin Social Housing Strategy 2010-2020.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known specific impacts for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known impacts for the current Annual Plan or 10 year plan. 

Financial considerations

There are no financial impacts of this report.

Significance

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

Engagement – external

There has been no external engagement. 

Engagement - internal

Staff from Property, Corporate Policy, and Community Development and Events have contributed to the development of this draft submission.

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 direct implications for Community Boards.

 

 


Council

4 May 2020

 

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4 May 2020

 

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Council

4 May 2020

 

 

Local Government (Rating of Whenua Māori) Amendment Bill Submission

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks approval for a Dunedin City Council (DCC) submission to the Māori Affairs Select Committee on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

 

RECOMMENDATIONS

That the Council:

a)     Approves the DCC submission to the Māori Affairs Select Committee on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

 

BACKGROUND

2          The Māori Affairs Select Committee has called for submissions on the proposed amendment by 17 May 2020. This is an extension to the original deadline of 17 April 2020.

3          The Bill intends to modernise rating legislation and support housing and economic development on Māori land.  Staff have worked with local Rūnaka to ensure the submission is in alignment with DCC partnership expectations.

4          The draft DCC submission was circulated to Councillors via email 15 April 2020, before the submission deadline was notified as extended. Additional clarifying information was requested during this process, which was supplied and is included in this report.

 

DISCUSSION

5          The draft DCC submission (Attachment A) is supportive of the Amendment Bill, as DCC has an important relationship with Kāi Tahu and is supportive of Government modernising legislation in alignment with Treaty of Waitangi expectations.

6          Giving effect to the Treaty of Waitangi is a fundamental principle which underlies the DCC strategic framework.

7          Specifically, the DCC is supportive of increased local authority ability to write off outstanding rates; changes to what land can be incorporated into non-rateable land category; changes to encourage housing development and economic activity; and the prevention of sale or lease of abandoned general land which was historically Māori land before conversion by the District Court.

ADDITIONAL INFORMATION

8          Te Reo Māori terminology used within the draft DCC submission:

a)         Whenua Māori: Māori land

b)        Ngā Whenua Rāhui kawenata: Māori land covenanted for conservation purposes (similar to QEII covenants)

c)         Marae: traditional meeting places

d)        Urupā: cemeteries or burial grounds.  Traditional burial grounds may not have any headstones or markers - Ōtākou has one such below the marae.

9          Legal definition of ‘Māori land’ is found in Section 129 of Te Ture Whenua Māori Act 1993. This legislation outlines the legal status of Māori land as follows:

(1)  For the purposes of this Act, all land in New Zealand shall have one of the following statuses:

 

(a) Maori customary land

(b) Maori freehold land

(c) General land owned by Maori

(d) General land

(e) Crown land

(f) Crown land reserved for Maori.

(2)  For the purposes of this Act,

 

(a) land that is held by Maori in accordance with tikanga Maori shall have the status of Maori customary land

(b) land, the beneficial ownership of which has been determined by the Maori Land Court by freehold order, shall have the status of Maori freehold land

(c) land (other than Maori freehold land) that has been alienated from the Crown for a subsisting estate in fee simple shall, while that estate is beneficially owned by a Maori or by a group of persons of whom a majority are Maori, have the status of General land owned by Maori

(d) land (other than Maori freehold land and General land owned by Maori) that has been alienated from the Crown for a subsisting estate in fee simple shall have the status of General land

(e) land (other than Maori customary land and Crown land reserved for Maori) that has not been alienated from the Crown for a subsisting estate in fee simple shall have the status of Crown land

(f) land (other than Maori customary land) that has not been alienated from the Crown for a subsisting estate in fee simple but is set aside or reserved for the use or benefit of Maori shall have the status of Crown land reserved for Maori.

 

(3) Notwithstanding anything in subsection (2), where any land had, immediately before the commencement of this Act, any particular status (being a status referred to in subsection (1)) by virtue of any provision of any enactment or of any order made or any thing done in accordance with any such provision, that land shall continue to have that particular status unless and until it is changed in accordance with this Act.

OPTIONS

Option One – Recommended Option

 

10        Approve the DCC submission (with or without amendment) to the Māori Affairs Select Committee on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

·                Advantages

·   Opportunity to show support for Government’s intention to modernise rating legislation and support housing and economic development on Māori land.

·   Supports the DCC strategic partnership with local Rūnaka.

·                Disadvantages

·   There are no identified disadvantages for this option.

Option Two

11        Do not submit on the proposed Local Government (Rating of Whenua Māori) Amendment Bill.

·                Advantages

·   There are no identified advantages for this option.

 

·                Disadvantages

·   Missed opportunity to support the Government’s intention to modernise rating legislation in respect of Māori land.

·   Missed opportunity to reflect the importance of the DCC strategic partnership with local Rūnaka.

NEXT STEPS

12        If the Council approves the draft submission it will be sent to the Māori Affairs Select Committee for consideration.

 

Signatories

Author:

Hoani Yates - Policy Advisor

Authoriser:

Sue Bidrose - Chief Executive Officer

Attachments

 

Title

Page

 

a

DCC draft submission on the proposed Local Government (Rating of Whenua Māori) Amendment Bill

267

 

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 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 promotes the DCC commitment to the Treaty of Waitangi, which is an underlying principle of the DCC strategic framework.

Māori Impact Statement

The views of local rūnaka were sought in the development of this submission. While Te Rūnanga o Ngāi Tahu and local rūnaka are of the view that Māori land should not be rated, all agree that it is a considerable improvement on the current sitution.

Sustainability

This submission is in relation to legislation which will create better conditions for sustainability for Māori.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The legislation if passed would require an update to the existing DCC rates remission policy to reflect changes in relation to Māori land.

Financial considerations

There are no immediate financial implications.

Significance

This submission has a low significance assessment in terms of the significance and engagement policy.

Engagement – external

The views of local rūnaka were sought in the development of this submission.

Engagement - internal

This submission was prepared with input from Corporate Policy, Kaiwhakamāherehere and Finance.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

The Kaiwhakamāherehere as Chair of the Otakou runaka has declared an interest in this matter.  The Kaiwhakamāherehere advice provided initially on translations but once it became clear that the Otakou Marae would not be rateable under this Bill the Kaiwhakamāherehere stepped back from the process. 

Community Boards

There are no direct implications for Community Boards but any Board areas will have land that maybe affected by the Bill.

 

 


Council

4 May 2020

 

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Council

4 May 2020

 

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

C1  Grants Subcommittee appointment of community representatives

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  Request for Council support for a Crown Infrastructure Partners Funding Application

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.

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 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.