Agenda of Council - 25 00 2020

Council

25 May 2020

Reports

Applications for extraordinary water supply - 281 and 292 Waipori Falls Road

Department: 3 Waters and City Development

EXECUTIVE SUMMARY

1 This report seeks the Council’s decision on two applications for ‘extraordinary’ water supply to rural properties near Berwick: one at 281 Waipori Falls Road and one at 292 Waipori Falls Road. Both applications seek connections to the West Taieri Rural Water Scheme (WTRWS), which is owned and operated by the Dunedin City Council (DCC).

2 Under the terms of the DCC Water Bylaw 2011 (the Bylaw), 281 and 292 Waipori Falls Road are not entitled to reticulated water supplies from the DCC because they are outside the boundary of the WTRWS. As exceptions to the Bylaw, the applications require a Council decision.

3 Providing extraordinary water supplies to 281 and 292 Waipori Falls Road from the WTRWS is not strategically beneficial, would potentially pose technical difficulties for the operation of the WTRWS and impact existing customers, risks setting a precedent and risks having an adverse cumulative impact.

4 Changing communities, public expectations and drinking water legislation mean a thorough strategic assessment of water services across Dunedin is required. Planning for this work is currently underway and outcomes are expected to inform development of the 10 Year Plan 2024-34.

5 The strategic assessment will include evaluating current services and identifying any gaps or deficiencies, as well as identifying any public health and/or environmental drivers for expanding servicing to new areas. Options for levels of service and associated costs will be identified to address any issues found with current arrangements. Servicing issues in and around the WTRWS, including the potential to expand servicing in the future, will be considered as part of this strategic assessment. Ad-hoc consideration of requests for servicing is generally at odds with this strategic approach.

RECOMMENDATIONS

That the Council:

a) Declines the application for an ‘extraordinary’ water supply for 281 Waipori Falls Road.

b) Declines the application for an ‘extraordinary’ water supply for 292 Waipori Falls Road.

BACKGROUND

Water Bylaw 2011 and Council policies and processes

6 The Bylaw is the key regulatory tool for managing Dunedin’s water supply system. The Bylaw provides for reticulated water supply to properties within defined water supply areas. Clause 2 of the Bylaw provides for the Council, at its discretion and under certain conditions, to approve an existing or new water supply connection for a property outside the boundaries of the defined water supply area as an ‘extraordinary supply’.

7 Dunedin has two types of water supply systems:

a) urban water schemes: water is delivered to the customer ‘on-demand’; and

b) rural water schemes: low pressure schemes designed to deliver, via a restrictor valve, an agreed number of water units to the customer’s private storage tank every 24 hours. One unit is equivalent to 1000L (1m³).

8 Both applications discussed in this report seek connections to the West Taieri Rural Water Scheme (WTRWS).

9 On 26 July 2011, after the Council adopted the Bylaw, the Infrastructure Services Committee (ISCOM) adopted a process for considering applications for new extraordinary (out of water supply area) water supply connections and to formalise existing extraordinary (out of water supply area) water connections to properties that had not previously been paying for water services. For new applications, the feasibility and benefit to Dunedin must be considered in terms of the following key factors:

a) Strategic;

b) Cumulative impact;

c) Technical; and

d) Commercial.

Council decisions on new extraordinary water supply connections since 2011

10 Since the current Bylaw was adopted in 2011, the Council has considered 11 applications for new extraordinary (out of water supply area) water connections. Several applications sought multiple connections. Out of 17 connections requested by applicants, the Council declined nine and approved eight.

11 The eight approved connections were approved during the period 2011 to 2014. More recently, in October 2019 and February 2020, the Council has declined applications to provide ‘extraordinary’ water supply connections to rural or rural residential properties on the Otago Peninsula, in Brighton and in Wingatui.

West Taieri Rural Water Scheme

12 The WTRWS began operating in 1983. It was originally built by the West Taieri landowners it was designed to service and subsequently managed by local authorities (first the Silverpeaks County Council and then the DCC) with direction and involvement from the WTRWS Committee. The WTRWS Committee is no longer involved in the WTRWS.

13 When it was first established, the WTRWS sourced water from Mill Creek, a tributary of the Waipori River. The DCC de-commissioned the Mill Creek intake in the early-2000s, when the WTRWS began sourcing water from the Waipori River. At present, raw water from the Waipori River is pumped to a raw water reservoir and treated at the West Taieri Water Treatment Plant (WTP) located in Munro Road, Berwick. The WTRWS’s reticulation network provides treated water to a population of approximately 450 people (via approximately 200 individual connections) dispersed across parts of the Taieri Plain and the coastal belt, as well as small rural settlements at Otokia, Henley and Momona. Many properties serviced by the WTRWS are large dairy or sheep farms. The WTRWS also supplies water to Dunedin International Airport. Most customers receive an agreed number of water units per day. Extra units can be purchased by customers within the scheme boundaries, subject to availability.

14 A map showing the boundary of the WTRWS is attached to this report as Attachment A. Unlike the boundaries of urban water schemes, which generally coincide with residential or commercial district plan zones, the boundary of the WTRWS was historically established by the WTRWS Committee, presumably to reflect the areas that elected to participate in the WTRWS at the time of its establishment. The zoning of most properties serviced by the WTRWS is rural. After the DCC took over the WTRWS, the boundary was incorporated into the Bylaw. It is acknowledged there are some properties with long-standing connections to the WTRWS that are located outside of the boundary.

15 A particular challenge in managing rural water schemes is determining the availability of water to any given connection. Water supplied by a rural water scheme is a limited resource with a finite number of units available across the entire scheme. In addition, there may be a finite amount of water available at any given location on a pipeline depending on pipe size, pressure, and water demand from neighbouring properties. Leakage (inherent in any water supply system), the need for redundancy (to provide for managing system maintenance and weather-related demand peaks) and historically approved unrestricted connections also impact water availability on rural water schemes such as the WTRWS. Customer requests for extra units are currently considered on a first in, first served basis.

Properties and applications

16 The properties at 281 and 292 Waipori Falls Road are zoned Taieri Plain Rural under Dunedin’s Second Generation District Plan (2GP). The property at 281 Waipori Falls Road has an area of 1.0110 hectares, while 292 Waipori Falls Road has an area of 16.7020 hectares. The 2GP does not provide for any additional residential units to be built on sites of this size when zoned Taieri Plain Rural (though it should be noted that the density and minimum site size rules for rural zones are currently under appeal).

17 Both properties are located outside the boundary of the WTRWS. The properties are located near the West Taieri WTP, which is itself located outside the boundary. A map showing the location of the properties relative to the WTP and the north-western corner of the WTRWS boundary is attached as Attachment B.

18 The properties do not receive a water supply from the DCC and are also self-servicing for wastewater treatment and disposal. The differential category ‘lifestyle’ is applied to both properties for rating purposes. The DCC does not charge the properties any rates for water supply or drainage.

19 On 26 February 2020, the DCC received water supply applications from the owners of 281 Waipori Falls Road and 292 Waipori Falls Road. Both sought connections to the WTRWS for domestic purposes only (1 unit per day each).

20 According to the letters of application, these properties and several others in the area have previously been supplied with water for household use from a shared private scheme that sources water from Mill Creek. However, increasing issues with the operation and maintenance of the private Mill Creek water scheme and problems with rainwater collection have prompted the owners to seek a treated water supply from the WTRWS.

Neighbouring properties

21 Three rural properties that are near neighbours of the applicants and are also located outside the WTRWS boundary have historical water supply connections to the WTRWS that were established before the introduction of the Water Bylaw 2011. These properties are supplied via a pipeline that was previously the raw water main that fed the West Taieri reservoir and WTP from Mill Creek. The pipeline, which passes through the three supplied properties as well as 292 Waipori Falls Road, was repurposed as a treated water main after the DCC started pumping raw water from the Waipori River in the early-2000s. Distribution of treated water via this pipeline relies on a pump located at the West Taieri WTP. These three properties have metered (unrestricted) connections with on-site storage tanks.

DISCUSSION

22 Both applications are for a new extraordinary water supply connection to a rural property located outside of the water supply areas defined in the Bylaw. The analysis in this report applies the four key factors considered for new connections. The analysis applies to both applications unless stated otherwise.

Strategic considerations

23 The 3 Waters Strategic Direction Statement 2010-2060 (3 Waters Strategy) identifies seven key strategic priorities, including: “We will meet the water needs of the city for the next 50 years from existing water sources.” The ability of the DCC to achieve this priority was based on forecast demand within the boundaries of the water supply areas defined in the Bylaw. New extraordinary water supplies are unanticipated and, cumulatively, may compromise the DCC’s ability to meet the city’s water needs from existing sources. This is discussed further below. In addition, potential changes in the water needs of existing customers and other property owners within the WTRWS boundary have not yet been analysed.

24 A strategic city-wide assessment of where the DCC might improve or expand the provision of 3 Waters services is the fairest and most appropriate way to address new requests for servicing, and supports the DCC to deliver services to communities in a cost-effective, sustainable and coordinated manner. Planning for this work, which responds to changing communities, public expectations and drinking water legislation, is currently underway. Outcomes from the strategic assessment are expected to inform the development of the 10 Year Plan 2024-34.

Spatial Plan and 2GP

25 The majority of applications for new extraordinary water supplies considered by the Council since 2011 have involved rural or rural residential properties located on Dunedin’s rural-urban fringes, and have sought connections to the Dunedin metropolitan urban water scheme. Previous reports to the Council have advised that providing rural or rural residential properties with new extraordinary water supply connections to urban water schemes would be inconsistent with Dunedin’s Spatial Plan and the 2GP because they could promote inappropriate urban expansion and contribute to a decline in rural productivity and amenity.

26 However, the present applications seek to connect rural properties to a rural water scheme dedicated to servicing rural properties. This, combined with the density and minimum site size rules that apply to the applicants’ properties, means providing a water supply from the WTRWS to the applicants’ properties is unlikely to promote inappropriate development in the area or contribute to an associated decline in rural productivity and amenity.

Cumulative impact

27 Enabling new extraordinary water supply connections to the applicants’ properties may increase expectations for water supply from other property owners living outside the boundaries of the WTRWS and other rural water schemes. If the Council approves these applications this is likely to set a precedent for future applications relating to properties in similar circumstances.

28 In general, providing unplanned water supply connections to rural water schemes on a case-by-case basis could have a cumulative impact, including on the DCC’s ability to supply the city from existing water sources (in accordance with objectives of the 3 Waters Strategy). In terms of the WTRWS, this could adversely impact the DCC’s ability to supply property owners within the scheme boundaries who do not currently have connections, or existing customers wishing to increase their number of units.

29 Expanding service provision on a case-by-case basis is not good infrastructure asset management. The fairest and most appropriate way to consider servicing requests is through a strategic, city-wide assessment of servicing arrangements that considers the needs of all Dunedin residents.

Technical considerations

Capacity, water quality and network infrastructure

30 The WTRWS is currently operating at close to capacity. New connections to the WTRWS could compromise the DCC’s ability to meet additional demand for water from existing customers. There are also technical water quality challenges associated with adding new connections close to the WTP. Capacity and water quality challenges would be amplified if supplying the present applicants led to the Council approving further applications from properties located outside the boundary of the WTRWS. The strategic assessment of Dunedin’s water services will include further investigation of capacity and water quality issues on the WTRWS.

31 Physical provision of a connection to 292 Waipori Falls Road is technically possible in terms of available network infrastructure. As noted in paragraph 21, the pumped water main that currently supplies treated water to three neighbouring properties passes through 292 Waipori Falls Road. Connecting 281 Waipori Falls Road would present technical challenges because there is no existing DCC infrastructure near the property boundary. An estimated 50 to 200 metres of new DCC pipeline would need to be installed in road reserve to facilitate a connection with a unique point of supply. If the Council approves provision of a water supply for 281 Waipori Falls Road, further work will be needed to assess options for establishing a connection.

32 It should be also be noted that supplying water to the three neighbouring properties already carries specific service level issues for the DCC, which are related to the configuration and performance of the pump that facilitates their supply. Adding connections to the applicants’ properties would pose similar service level issues for the DCC.

Impact on on-site wastewater treatment and disposal systems

33 Introduction of a reticulated water supply may increase wastewater volumes, with the potential to have adverse effects on the performance of a property’s on-site wastewater treatment and disposal system (septic tank and effluent disposal field).

34 Any changes to the on-site wastewater treatment and disposal systems at 281 and 292 Waipori Falls Road to accommodate higher wastewater volumes would be subject to relevant building and environmental regulations.

Commercial considerations

35 If the Council decided to provide extraordinary water supplies to 281 and 292 Waipori Falls Road, the New Reticulated Utility Services (Water, Wastewater or Stormwater) Policy 2010 (Attachment C) would require the applicants to contribute part or all of the capital cost of new and/or upgraded infrastructure required to facilitate their supplies. Providing extraordinary water supplies to the properties would enable the DCC to collect revenue for water services provided.

36 However, the cumulative impact of providing unplanned water supply connections to the WTRWS on a case-by-case basis could lead to unbudgeted costs for the DCC in the long-term.

OPTIONS

37 The Council must determine whether to approve or decline the applications for ‘extraordinary’ water supplies to 281 Waipori Falls Road and 292 Waipori Falls Road.

Option One – Decline the applications (Recommended Option)

38 Decline the applications for ‘extraordinary’ water supply connections for 281 and 292 Waipori Falls Road, as providing ‘extraordinary’ water supply connections to the properties is not strategically beneficial, would potentially pose difficulties for operation of the WTRWS and impact existing customers, risks setting a precedent and risks having an adverse cumulative impact.

39 Continue to consider quality of current services and potential expansion of servicing, including in West Taieri, through a strategic city-wide assessment.

Advantages

· Supports Dunedin’s strategic objectives and a cost-effective, sustainable and coordinated approach to infrastructure asset management.

· Avoids contributing to adverse cumulative impacts on the West Taieri Rural Water Scheme, existing customers and potential customers within the scheme boundaries.

Disadvantages

· The applicants are unlikely to be satisfied with the decision, as they will continue to be responsible for managing the water supply needs for their homes.

· The decision may be considered inconsistent with previous decisions to approve new ‘extraordinary’ water supply connections.

Option Two – Approve the applications

40 Approve provision of extraordinary water supplies to 281 and 292 Waipori Falls Road, subject to the following conditions:

a) payment (by the applicants) of a capital contribution towards new and/or upgraded infrastructure required to facilitate a supply, as determined by 3 Waters staff through the New Reticulated Utility Services (Water, Wastewater or Stormwater) Policy 2010;

b) the terms and conditions of the Water Bylaw 2011;

c) that the water supplies be restricted flow supplies that provide each property with 1 unit (1m³) of water per day;

d) that each property be supplied via a unique point of supply;

e) that the water supply for each property is made directly to a water storage tank on the property with a minimum size of 5m³, and that no connections are made between the point of supply and the water storage tank; and

f) payment (by the applicants) of other required fees and charges, including a network contribution fee of $5,000 for each connection.

Advantages

· The applicants will be satisfied with the decision, as they will receive treated water supplies for use at their homes.

Disadvantages

· Inconsistent with a strategic, city-wide approach to considering servicing needs, which is the fairest and most appropriate way to evaluate servicing issues.

· Inconsistent with a cost-effective, sustainable and coordinated approach to infrastructure asset management.

· Sets a perceived precedent that may increase expectations for water supply from other property owners outside the boundaries of the West Taieri Rural Water Supply Scheme and Dunedin’s other rural water schemes.

· Contributes to adverse cumulative impacts on the West Taieri Rural Water Scheme, which may contribute to unbudgeted costs to the DCC in the long-term.

NEXT STEPS

41 The applicants will be informed of the Council’s decision.

42 Should the Council approve the applications (Option Two), 3 Waters staff will work with the applicants to arrange for their properties to be connected to the DCC water supply system (subject to the conditions above).

Signatories

Author:

Scott Campbell - Policy Analyst

Paul Freeland - Senior Planner

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	Map: West Taieri Rural Water Scheme	31
⇩b	Map: location of properties, water treatment plant, and rural water scheme boundary	32
⇩c	New Reticulated Utility Services (Water, Wastewater or Stormwater) Policy	33

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

Declining the applications promotes the economic, social and environmental well-being of communities in the present and for the future by supporting a cost-effective, sustainable and coordinated approach to infrastructure asset management.

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	☐	☐	☒

Declining the applications is consistent with the objectives of the strategic framework above, including the 3 Waters Strategy and the Water Bylaw 2011.

Māori Impact Statement

There are no identified impacts for tangata whenua.

Sustainability

Declining the applications supports the long-term sustainability of Dunedin’s water supply systems.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Declining the applications has no implications for the Infrastructure Strategy, Annual Plan and 10 Year Plan.

Financial considerations

Declining the applications has no implications for existing budgets.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

There has been internal engagement within the 3 Waters Group and with City Development staff during the preparation of this report.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

No conflicts of interest have been identified.

Community Boards

The properties at 281 and 292 Waipori Falls Road are in the Mosgiel-Taieri Community Board area and staff have discussed the applications with the Board Chair.

Council

25 May 2020

Summary of consultation submissions and recommendation to adopt - Waste Assessment 2018 and Waste Minimisation and Management Plan 2020

Department: Waste and Environmental Solutions

EXECUTIVE SUMMARY

1 This report summarises the requirements under the Waste Minimisation Act for the Dunedin City Council’s to review its Waste Management and Minimisation Plan (WMMP) 2013. The subsequent Draft Waste Minimisation and Management Plan 2020 has been informed by the Draft Waste Assessment (WA) 2018.

2 This report summarises feedback from submitters who participated in the Special Consultative Procedure on the Draft WMMP 2020 and Draft WA 2018 during the Annual Plan 2020-21 consultation period.

3 In response to the submissions received, this report recommends a further amendment to the Draft WMMP prior to adoption by Council.

RECOMMENDATIONS

That the Council:

a) Approves the adoption of the Waste Minimisation and Management Plan 2020, including amendments, and the Waste Assessment 2018.

b) Notes the Summary of Consultation Submissions on the Draft Waste Minimisation and Management Plan 2020 and Draft Waste Assessment 2018.

BACKGROUND

4 The Waste Minimisation Act 2008 (WMA) requires Territorial Authorities to review their WMMP’s at intervals of not more than six years.

5 Council’s current WMMP was adopted in September 2013 and was informed by the Waste Assessment 2012. The WMMP 2013 was due for review prior to September 2019.

6 Council has the option to either retain the existing WMMP without changes, amend the existing WMMP, or revoke and replace the WMMP entirely.

7 Following a report to Council on 20 February 2018, a WMMP review Steering Group and four stakeholder engagement groups were established.

8 A first draft of the WA and WMMP were reported to ISCOM on 15 October 2018, including recommended amendments to the WMMP in preference to either retaining or revoking the existing WMMP 2013.

9 The final drafts of the WA 2018 and WMMP 2020 were reported to the Planning and Environment Committee on 11 February 2020, and these documents were subsequently approved for public consultation using the Special Consultative Process alongside the 2020/21 Annual Plan.

DISCUSSION

10 Councils final Waste Minimisation and Management Plan 2020 (Attachment B) has been prepared in accordance with the Waste Minimisation Act (WMA) Part 4: Responsibilities of territorial authorities in relation to waste management and minimisation. In particular:

· Section 43: Waste Management and Minimisation Plans

· Section 44: Requirements when preparing, amending, or revoking plans

· Section 50: Review of waste management and minimisation plans

· Section 51: Requirements for waste assessment

11 The Draft WMMP 2020 and Draft WA 2018 consultation timeframe was aligned with the Annual Plan in order to maximise community engagement in the consultation process. This meant the statutory 6-year review period was exceeded. Staff informed the Ministry for the Environment (MfE) of this and have received and taken advice from MfE staff on this process.

12 Council must adopt the WMMP prior to July 2020 in order to meet its statutory requirements under the WMA, and to ensure continued support from Waste Disposal Levy funding.

The Planning Process

13 The WMMP Steering Group consisting of Waste and Environmental Solutions management and staff, Policy staff, and Councillors O’Malley and Newell developed the draft WMMP 2020 drawing on information and data gathered for the WA 2018.

14 Stakeholder Groups were also established around areas of interest; construction and demolition waste, organic waste, tertiary, and rural areas. Community events were attended by staff and/or sponsored by the DCC Waste and Environmental Solutions Group e.g. ‘Tackling Construction and Demolition Waste in Dunedin’, and ‘Waste Jam’ which were events aimed at promoting engagement with the WMMP and to stimulate innovation and waste minimisation start-ups.

15 Feedback received from mana whenua engagement during the Waste Futures project and input from Aukaha was used to develop the Māori perspectives contained in the WMMP. The feedback received though stakeholder engagement is reflected in the Final Draft WMMP 2020.

16 The Draft WA 2018 has followed the process prescribed in the WMA s(51) Requirements for waste assessment.

17 For the Draft WA, the most reliable data and information relates to services and facilities provided by DCC. It is more difficult to obtain data and information from private waste service providers due to issues around commercial sensitivity. The DCC data and the available data from private waste service providers informed the drafting of the WMMP 2020 and contributed to the Waste Futures project Strategic Case.

18 The Draft WMMP 2020 has an implementation pathway that provides high level support for the Waste Futures Project. The outcomes of the Waste Futures Project are yet to be agreed by Council; therefore, the detail for future provision of DCC waste services and facilities could not be provided at this time.

19 There is significant legislative uncertainly at this time pertaining to; potential changes to the New Zealand Waste Strategy (NZWS), Resource Management Act (RMA), Basel Convention, and WMA sections covering; Waste Disposal Levy, Product Stewardship, and Waste Management and Minimisation Plans. There are also likely to be Health and Safety considerations for the waste sector post COVID-19 which will impact on how services will be delivered in future.

20 The final WMMP 2020 includes an option for a mid-point review in 2024, which would enable the plan to be further updated if required. This may include more detail around the provision of DCC waste services and facilities via the Waste Futures project, any amendments made to legislation which governs the waste sector, and incorporation of post COVID-19 health and safety considerations to ensure public health is protected.

The Consultation Process

21 A total of 306 submissions were received on the Draft WMMP 2020.

22 A number of the submissions talked directly to, or in part, to the ‘Have Your Say on Kerbside Collections’ engagement. These are highlighted in yellow on the attached Summary of WMMP Submissions (Attachment A). The WMMP submissions that included commentary on kerbside collections services (e.g. the number, types, frequency, and size of collection bins) will be included in the analysis of the feedback received in the separate kerbside collection engagement process. This analysis will be reported to Council later in 2020 as part of preparations for the 2021 – 31 10 year plan.

23 Of the 306 submissions received, 246 (80%) are considered supportive. Common themes that were presented in submissions related to WA and WMMP, and included:

· Strong support for localism and community operated hubs that support waste minimisation creatives and business start-ups

· Strong support for the WMMP 2020 vision, goals and guiding principles, noting Zero Waste, Circular Economy, Proximity Principles, and Carbon Reduction Targets gained the most support

· Strong support for local resource recovery and recycling processing and associated job creation

· Concerns were raised by a number of submitters in regard to recyclables being exported offshore

· Concerns were expressed about commercial quantities of waste from sectors such as; supermarkets, large format stores, construction and demolition companies, and skip operators, and included the lack of accountability to reduce waste to landfill

· Concerns were raised about rising landfill fees and its linkage with illegal dumping with some feeling more regulation is needed

· Some submitters wanted a Waste to Energy solution for organics, sludges, or instead of constructing a replacement class A landfill

· Concerns were raised about funding Waste Minimisation activities

24 The remainder of submitters (60, or 20%) are considered neutral or unsupportive. Many of these submitters were concerned about the financial impact of the plan in relation to Covid-19 and some thought it should be put on hold for a year. It should be noted that the WMMP has no direct financial implications but does outline the funding methods to be used in delivering the plan.

25 As a result of the public consultation staff are recommending an amendment to the Draft WMMP 2020 to support the community’s desire to act locally. The amendment consists of two policy additions to the following objectives contained in the WMMP as follows:

· Objective 8: Education, empowerment and collaboration

Policy: The DCC will partner with community groups/organisations and Kāi Tahu in providing local waste minimisation services and facilities for the city.

· Objective 9: Design, innovation and building local capability.

Policy: The DCC will support collaboration between local community groups/organisations and Kāi Tahu in partnering with commercial businesses in the delivery of waste minimisation education, projects (including feasibility studies), services and facilities for the city.

26 These additions are intended to enable and encourage enhanced Council and community/commercial partnerships in the implementation of the final WMMP once adopted. There is good evidence that this approach is working well elsewhere in New Zealand.

OPTIONS

Option One – Recommended Option

27 It is recommended that Council adopt the final WMMP 2020 with the suggested amendments to Objective 8 and Objective 9 shown in paragraph 25 above, and adopt the final WA 2018.

28 The financial considerations of implementing the WMMP 2020 will inform the development of the 2021 – 31 10 year plan.

Advantages

· The amendment promotes additional Council support for the community to act locally, including community/commercial collaboration inclusive of Kāi Tahu, in the delivery of waste minimisation services and facilities for the city.

· Due consideration has been given to the community feedback received.

Disadvantages

· Existing funding provided by the Waste Disposal Levy and Council Waste Minimisation Grants may be insufficient to support significant community initiatives.

Option Two – Status Quo

29 Adopt the final WMMP 2020 and the final WA 2018 without amendment.

Advantages

· No changes would need to be made

Disadvantages

· There is a risk the community, inclusive of Kāi Tahu, will believe that their submissions on the Draft WMMP consultation have not been given due consideration with respect to communities being empowered to act locally.

NEXT STEPS

30 Once adopted by Council, the WMMP 2020 and WA 2018 will be prepared for final publication and distribution.

Signatories

Author:

Catherine Irvine - Solid Waste Manager

Authoriser:

Chris Henderson - Group Manager Waste and Environmental Solutions

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	Summary of WMMP Submissions	47
⇩b	Final WMMP 2020	91

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

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 Waste Minimisation and Management Plan 2020 sits within the framework of Te Ao Tūroa – Dunedin’s Environment Strategy – with goals relating to the reduction of waste, the preservation of resources for future generations and the reduction of greenhouse gas emissions.

Māori Impact Statement

Feedback received from mana whenua engagement during the Waste Futures project and from Aukaha was used to develop the Māori perspectives contained in the WMMP. The Waste Minimisation and Management Plan will honour and support the kaitiaki role of Kāi Tahu.

Sustainability

The Waste Minimisation and Management Plan contributes to economic, social and environmental sustainability outcomes through waste planning for waste minimisation, reuse and recycling and the promotion of best practice waste management

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The WMMP 2020 and Draft WA 2018 have been consulted on during the Annual Plan 2020-21 process in accordance with the Local Government Act 2002 s(83) special consultative procedure.

The WMMP 2020 includes targets for levels of service and performance measures which will need to be adopted during the 2021 – 31 Ten Year Plan process.

Financial considerations

The WMMP 2020 provides a section on funding the plan which outlines funding methods to be used when implementing the plan.

Significance

Medium – Council has reviewed its WMMP and decided to amend it, it is not a new plan. The WMMP will be reviewed in line with the Ten-Year Plan 2024-2034 in order to provide a more robust plan in relation to the Waste Futures Project.

Engagement – external

Stakeholders were engaged throughout the WMMP 2020 planning process via 4 x stakeholder interest groups, 2 x promotion events, and a series of less formal engagements and communications.

Engagement - internal

Various departments have been engaged with during Councils waste planning processes including; Three Waters, Procurement Team, Transport, Property Team, Communications and Marketing, Policy Team, Regulatory Team, Community and Events Team, City Development Team.

Risks: Legal / Health and Safety etc.

No known risks

Conflict of Interest

No conflicts of interest have been identified.

Community Boards

Community Boards had opportunity to submit on the draft WMMP 2020 during the special consultative procedure.

Council

25 May 2020

Update on the Climate Change Work Programme

Department: Civic and Community and Planning

EXECUTIVE SUMMARY

1 This report provides an update on the Dunedin City Council’s (DCC) climate change work programme, comprising two streams: Zero Carbon 2030 (related to climate change mitigation), and climate change adaptation (including South Dunedin Future).

2 The report also provides an overview of the climate change work programme to date and sets out the next steps for the work programme.

RECOMMENDATIONS

That the Council:

a) Notes Update on the Climate Change Work Programme.

BACKGROUND

3 The DCC has been progressing work on climate change mitigation and adaptation since 2009.

4 ‘Climate change mitigation’ refers to actions taken to limit the degree or speed of climate change, either by reducing the magnitude or rate of emissions being generated (‘emissions reduction’), or by increasing the amount of carbon stored in ‘carbon sinks’ (e.g. through reforestation).

5 ‘Climate change adaptation’ refers to actions to prepare for the effects of climate change.

Work to date

Climate change mitigation

6 Work in climate change mitigation has progressed over the years through different projects. These are listed in the table below:

Workstream	Details and objectives	Timeframe
Climate change projections	The development of a 2006 DCC Climate Change Predictions Policy, which evolved into inclusion of climate change projections within the Significant Forecasting Assumptions for the 10 year plan.	Ongoing
Toitū carbonreduce programme	This involves annual monitoring and reporting of DCC emissions, the setting of reduction targets for the organisation, and a plan to reduce emissions. Formally known as Enviro Mark Solutions’ CEMARS programme.	Began 2014, ongoing annually
Global Covenant of Mayors (GCoM)	DCC joined the Global Covenant of Mayors for Climate and Energy on behalf of Dunedin and has since been working through the requirements. This aspect is explained in more detail in the section below.	Joined in 2015, ongoing commitment
Net zero carbon target	Originally a goal for the city stated in Te Ao Tūroa \| Dunedin’s Environment Strategy, now a formal target with a 2030 delivery timeframe.	Ongoing
Other related work with impacts on mitigation	Business as usual projects with mitigation impacts including waste minimisation activity; the Enviroschools and Sustainable Living programmes; support of the Cosy Homes Trust; Warm Dunedin targeted rate; eco-design advisor service; delivery of the cycleways network and other mode-shift supporting Transport-led initiatives; delivery of the city’s Energy Plan; investigating heating options for the DCC’s own buildings; street lighting asset renewal; development of a Corporate Sustainability Framework; DCC internal energy management activity. The mitigation impact of these activities has generally been unquantified.	Ongoing in BAU

Climate change adaptation

7 The city’s climate change adaptation work programme was also established in 2009. This table highlights some of the key work over that time.

Initiative	Details and objectives	Timeframe
Assessment of Climate Change Impacts on Dunedin	A detailed assessment of the likely climate change impacts for Dunedin, commissioned by the DCC and prepared by Professor Blair Fitzharris.	2010
Finance, Strategy and Development Committee Report re Climate Change Adaptation Plan	Sets out the original project plan for Climate Change Adaptation, and the scope of work agreed by the Council.	2010
DCC Climate Change predictions Policy	An update on the 2006 Climate Change Predictions Policy, based on the IPCC Fourth Assessment Report (2007) and latest information from MfE (2008) and NIWA (2010).	2011
Assessment of Options for Protecting Habourside and South City from Direct Impacts of Sea Level Rise	A report by consultants Beca on protection options for Harbourside and South City.	2014
Blueskin Resilient Communities Trust work on Climate Change Adaptation Planning in Waitati	A report from the BRCT containing their finding from looking at climate change adaptation planning in Waitati, plus a draft climate change adaptation plan for Waitati.	2014
A valuation of the South Dunedin asset	In 2014, Rationale completed a valuation of the South Dunedin asset.	2015

Global Covenant of Mayors for Climate and Energy

8 In November 2015 the Council resolved to commit to the (then) ‘Compact of Mayors’. Following a merger with the ‘Covenant of Mayors’ this body is now known as the ‘Global Covenant of Mayors for Climate and Energy’ (GCoM). Auckland, Wellington, Christchurch, Rotorua Lakes and New Plymouth Councils have also committed to GCoM.

9 Within three years of this commitment (although flexibility of timeframe is allowed, to suit local circumstances and needs), cities need to develop, adopt, and regularly report on the following: a community-scale GHG emission inventory; an assessment of climate risks and vulnerabilities; ambitious, measurable and time-bound target(s) to reduce/avoid GHG emissions; and a formally adopted plan(s) addressing climate change mitigation/low emission development, climate resilience and adaptation, and access to sustainable energy. The DCC has so far completed an emissions inventory, climate risks and vulnerability assessment and has set reduction targets for the city. Details on these milestones are explained further below.

Dunedin’s emissions inventory and risks assessment

10 Dunedin's emissions inventory and its climate risks and vulnerability assessment were developed with specialist assistance from consultancy AECOM, in 2016. The most recent complete data available at the time was from the 2014/15 year.

11 In 2014/15 Dunedin generated an estimated 1,427,420 tonnes of carbon dioxide equivalent (tCO2e) emissions in gross terms. Net emissions were 1,091,282 tCO2e after excluding 336,138 tCO2e of land use/change and forestry offsets. In per capita terms, gross emissions were 11.4 tCO2e per person and net emissions 8.7 tCO2e per person.

12 Almost half of Dunedin's emissions (48.2%) come from the agriculture sector; transportation contributed 28.4% of total emissions; stationary energy (electricity generation and the production of industrial heat from fossil fuels) contributed 13.4%; waste contributed 7.4%; and industry related emissions (including refrigerant gases) contributed 2.4%.

13 This inventory is distinct from other New Zealand cities in that a large proportion of Dunedin’s emissions come from the agricultural sector, which is similar to New Zealand as a whole as shown in the graph below:

14 The DCC is in the process of commissioning an updated emissions profile for the city, which will provide a complete picture of how emissions have tracked since 2014/15. However, the annual Dunedin Energy Study has documented increases in CO₂ emissions associated with the city’s energy use, with the increases mainly attributable to an increase in petrol and diesel consumption.

15 Dunedin’s climate risk and vulnerabilities assessment identified priority risks across several risk categories (see Attachment A). Further detailed work was considered necessary to identify priority risks in the cropping and horticulture, pastoral agriculture and energy resources risk categories. Key next steps were identified as follows:

· Discussion around a climate and natural hazard risk management framework mutually agreed across DCC departments

· Further analysis and prioritisation of climate risks requiring more specialist input

· Development of adaptation options, where possible, for priority risks.

Dunedin’s emission reduction targets

16 In February 2018, to give effect to its commitment under the GCoM, the Planning & Environment Committee resolved as follows:

Moved Cr Hawkins / Cr Garey

That Council:

a) Adopt a Net ‘Zero Carbon’ emissions reduction target, excluding methane, by 2050.

b) Develop a series of targets, as a pathway from 2020-2050, as a matter of urgency.

c) Set methane reduction targets in line with the outcomes of the government’s Zero Carbon Act consultation process.

Motion carried

17 In June 2019, following consideration of community requests to declare a climate emergency, the Council resolved as follows:

Moved Cr Hawkins / Cr Laufiso

“That the Council:

a) Declares a Climate Emergency.

b) Acknowledge that all levels of central government need to act.

c) Agrees that a business as usual transition to a low carbon economy is inadequate.

d) Develops a Climate Emergency Plan that:

i) Sets a city target of net zero carbon by 2030, with interim milestones;

ii) Quantifies the actions available to Council, community and central government to ensure these targets are met.”

Motion carried

18 In November 2019, the New Zealand Government passed the Climate Change Response (Zero Carbon) Amendment Act 2019, adopting the following domestic emissions reduction target for New Zealand:

· Net zero emissions of all greenhouse gases other than biogenic methane^{^[1]} by 2050; and

· 24% to 47% reduction below 2017 biogenic methane emissions by 2050, including 10% reduction below 2017 biogenic methane emissions by 2030.

19 Reduction related to biogenic methane is absolute, meaning it must be achieved without carbon offsetting. All other greenhouse gases are to reach ‘net zero’, meaning carbon offsetting can be employed, if necessary, to achieve the goal.

20 With confirmation of the Government’s approach to methane emissions, Dunedin’s target can then be inferred from Council resolutions to be as follows:

· Net zero emissions of all greenhouse gases other than biogenic methane by 2030; and

· 24% to 47% reduction below 2017 biogenic methane emissions by 2050, including 10% reduction below 2017 biogenic methane emissions by 2030.

21 This target has been submitted to the Global Covenant of Mayors.

Dunedin’s Climate Action Plan

22 Some initial work was started in 2019 on a Climate Action Plan for the city. This included some scoping work on the possibility of initiating local carbon offsetting activity within Dunedin, as well as stocktaking actions from existing strategies, plans and other documents. However, given the complexity of Plan development, and data inadequacies, a decision was made to progress the Plan in a more cohesive manner alongside the 2021-31 10 year plan development.

DISCUSSION

Establishment of a DCC climate change work programme

23 As part of the 2019/20 Annual Plan deliberations, the Council resolved to establish a dedicated work programme to meet climate change mitigation and adaptation planning needs. The programme was proposed for 2019/20 and 2020/21, with a longer-term work programme to be considered as part of the 2021-31 10 year plan process.

24 Funding of $525,000 in 2019/20 and $572,000 in 2020/21 was allocated in the 2019/20 Annual Plan, to progress the climate change work programme.

25 The climate change work programme currently comprises two core work streams: Zero Carbon 2030 (with a focus on climate change mitigation), and Climate Change Adaptation. The various elements of the climate change work programme can be visualised as follows:

Climate change work programme joint initiatives

26 Several initiatives are underway within the climate change work programme that cut across both work streams. The most prominent of these is an upcoming ‘Climate 2030 Rapid Review’. More details on this, plus other initiatives, are provided in the following table:

Initiative	Details/objectives	Timeframe
Climate 2030 Rapid Review	An external provider (pending final procurement stages) will conduct the Rapid Review, which consists of assessing activity in play or planned across the DCC and identify/determine the status of activities that will: · add emissions or reduce emissions, where possible quantifying the impact of these activities in the context of the Zero Carbon 2030 target. · build climate resilience or create new climate risk The Review will also seek to identify potential future activity to reduce emissions (and the extent to which they are required to achieve the 2030 target), and to reduce climate risk and increase adaptation capacity, and prioritise these activities according to their potential impact. It is intended that this Review be closely associated with work on the 10 year plan, helping inform activity plans and budgets in line with the 2030 target and the DCC’s climate resilience ambitions. The Review will also help inform the development of meaningful interim emissions reduction targets and the development of a Zero Carbon 2030 Action Plan for the city.	May to October 2020
Other DCC projects with potential to contribute to the climate change work programme	There are several work programmes underway that have at least some focus on emissions reduction and/or climate resilience. Examples include Waste Futures, Variation 2, the George St. Upgrade, and Shaping Future Dunedin Transport. As the climate change work programme is progressed, especially by way of the Rapid Review and the implementation of Review findings, it is hoped climate-related targets and goals will be further embedded within these and other DCC work programmes, as ‘business-as-usual’.	Ongoing

Initiative

Details/objectives

Timeframe

Climate 2030 Rapid Review

An external provider (pending final procurement stages) will conduct the Rapid Review, which consists of assessing activity in play or planned across the DCC and identify/determine the status of activities that will:

· add emissions or reduce emissions, where possible quantifying the impact of these activities in the context of the Zero Carbon 2030 target.

· build climate resilience or create new climate risk

The Review will also seek to identify potential future activity to reduce emissions (and the extent to which they are required to achieve the 2030 target), and to reduce climate risk and increase adaptation capacity, and prioritise these activities according to their potential impact.

It is intended that this Review be closely associated with work on the 10 year plan, helping inform activity plans and budgets in line with the 2030 target and the DCC’s climate resilience ambitions.

The Review will also help inform the development of meaningful interim emissions reduction targets and the development of a Zero Carbon 2030 Action Plan for the city.

May to October 2020

Other DCC projects with potential to contribute to the climate change work programme

There are several work programmes underway that have at least some focus on emissions reduction and/or climate resilience. Examples include Waste Futures, Variation 2, the George St. Upgrade, and Shaping Future Dunedin Transport.

As the climate change work programme is progressed, especially by way of the Rapid Review and the implementation of Review findings, it is hoped climate-related targets and goals will be further embedded within these and other DCC work programmes, as ‘business-as-usual’.

Ongoing

Zero Carbon 2030 initiatives

27 Several initiatives are underway within the Zero Carbon 2030 work stream, and these are provided in the following table:

Initiative	Details/objectives	Timeframe
Early engagement with public and stakeholders	DCC-led engagement with the public and stakeholders will welcome initial suggestions from the community about actions that could contribute towards the city’s Zero Carbon 2030 target. It is hoped these ideas will be assessed alongside those from DCC teams through the Rapid Review.	June/July 2020
Procurement improvements	The Procurement team have taken some first steps in this area by: · Embedding the Zero Carbon 2030 target in the DCC’s Procurement Strategy · Amending the DCC’s Procurement Policy to put greater emphasis on sustainable procurement generally, and the Zero Carbon 2030 target specifically · A supplier survey, establishing the baseline for major suppliers’ environmental performance Further steps will involve the provision of guidance and tools for staff to help embed emissions reduction in their procurement processes. An initial research phase into the approaches taken by other TLAs has commenced.	Ongoing
Staff training and support	Corporate Policy is working with Communications and Marketing to develop resources for DCC staff. A climate change hub has just been launched on the new intranet, providing information relating to the climate change work programme generally, but with a specific emphasis on the Zero Carbon 2030 work stream. Further steps will involve the provision of guidance and tools for staff to help embed emissions reduction efforts in general operations and forward planning, including InfoCouncil reports. A research phase into options for this guidance and associated tools has commenced, with an initial focus on infrastructure teams.	Ongoing
DCC Emissions Reduction Plan	As part of the DCC’s participation in the Toitū carbonreduce programme Corporate Policy is leading a refresh of the DCC’s Emissions Reduction Plan: - to establish new internal emissions reduction targets against which to measure progress, and - to improve the DCC’s internal processes around emissions reduction targets, actions and reporting. Members of a wider range of DCC teams will be involved in both new Emissions Reduction Plan development and ongoing reporting/monitoring, than has been the case in the past. The refresh will also examine the potential to measure, set targets and report on, Scope 3 emissions.	May 2020

Climate change adaptation work programme

Wider adaptation activities

28 There are a number of activities underway to support adaptation across the city. These include:

· Input to Ministry for the Environment national climate change risk assessment

· Input to Ministry for the Environment national climate change adaptation plan

· Input into ORC regional risk assessment

· Input into ORC coastal erosion work programme

· Update of the DCC climate change projections for the 2021/21 10 year plan.

29 The current focus of adaptation activity is on South Dunedin as this is a large, densely populated low-lying area.

South Dunedin Future (SDF)

30 The overarching objective of the SDF programme of work is to improve the wellbeing of South Dunedin residents through effectively responding to the climate-driven challenges facing the broader South Dunedin area. SDF is a joint programme with the Otago Regional Council and is progressing in collaboration with other key stakeholders such as the South Dunedin Community Network, local academics and scientists and key central government agencies.

31 SDF is focused both on shorter term interventions to lessen the effects from flooding in heavy rain events, while continuing to build the evidence base, engage the community and build community resilience to develop future adaptive pathways for South Dunedin. Adaptive pathways set out potential future options for adaptation for a community, with identified trigger points signalling when to act in response to increasing climate risks. Specific components of the SDF programme are outlined in the table. Information is also provided on the two related projects - South Dunedin flood alleviation and St. Clair to St. Kilda Coastal Plan | Whakahekerau – Rakiātea Rautaki Tai.

32 A particular focus of the work over the past year has been engaging with the South Dunedin community. The next, wider phase of community engagement in South Dunedin was launched successfully in February 2020. The DCC wrote to about 180 community groups and other stakeholders active in the South Dunedin area inviting them to engage with the DCC on issues relating to South Dunedin. Council received responses from 38 groups. All were positive about the chance to meet and discuss the issues. Some good media coverage of the process was also achieved.

33 SDF staff held seven very positive meetings with community groups and were achieving positive momentum when the COVID-19 pandemic struck and the engagement process was put on hold. Staff have kept in touch with engaged groups and feedback is that the Council has struck the right approach with the community, which has responded with enthusiasm to the chance to discuss climate change issues.

34 If New Zealand remains at Alert Level 2 or lower, the plan is for a gradual restart of the engagement process, offering to meet when each group is ready. Mindful of the post-virus environment, staff intend to tie the discussions in with the city’s recovery and build in social and economic themes to the long-term climate change work, alongside infrastructure considerations. The first phase of community engagement, due to be completed this year is expected to take a little longer, and happen at a slower pace over the next 12 months, until June 2021.

35 Another strand of the public engagement has been a series of monthly drop-in sessions at the South Dunedin Community Pop-Up in Hillside Road. A successful first session held in February was attended by about 20 people. People reported they valued the chance to speak directly with staff. This series is on hold until we can safely hold public sessions again.

36 Other activities have included initiating engagement with mana whenua (directly with the Ōtākou Runaka and through the consultancy arm Aukaha), updating the community through the South Dunedin Lowdown, providing input to several documentaries about climate change in South Dunedin and responding to a range of local and national media requests.

37 Staff are actively collaborating with a range of partner organisations, especially the ORC, GNS Science, University of Otago and South Dunedin Community Network. To guide the work, an engagement advisory panel has been established with representative of those organisations.

38 A suite of webpages about SDF has been developed for the DCC staff (on the council intranet) and the public (on DCC website).

Community engagement - future plans

39 As well as restarting the community meetings and drop-in sessions as quickly as is possible, staff want to develop new resources to expand and deepen the conversation. These include creating a brochure (likely to be a joint publication with the ORC), developing a semi-permanent installation in South Dunedin, supporting community initiatives that arise from the engagement process and supporting community members to travel to meet with communities undertaking climate change adaptation projects.

40 Staff are working closely with other SDF projects including the St Clair – St Kilda Coastal plan development and the design of the South Dunedin Library and Community Complex. Both are continuing to the engage with the community, albeit with some necessary changes due to COVID-19.

Initiative	Details/objectives	Timeframe
Dynamic Adaptive Policy Pathways Development (DAPP)	In line with national guidance from the Ministry for the Environment, the development of DAPP for South Dunedin is a central part of this project. Through this process SDF will: · Develop an understanding of the issues and environmental system · Understand the value and objectives for South Dunedin residents and the wider community · Develop and evaluate options and pathways · Develop a monitoring and triggers framework · Engage on future options and pathways	2020 - 2023
Compile and manage South Dunedin technical data	Activities in this space include collating and reviewing existing technical data for South Dunedin and identifying data gaps and coordinating and preparing technical data for community engagement.	On-going
Partnership / relationship management	Continuing initiatives to build partnerships with key stakeholders for the South Dunedin Future programme.	On-going
Short-term initiatives	While detailed data collection and modelling is underway for medium-longer term initiatives, the DCC is also exploring opportunities for more immediate initiatives to reduce the flood risk in heavy rain events.	On-going
Community engagement and resilience initiatives	A new, larger phase of community discussions about the effects of climate change in South Dunedin has just been launched. Throughout 2020, staff are going to try and meet with every one of the more than 150 community, sports, religious and social groups active in the area. There’s no fixed agenda or options for these discussions. Rather, the intention is to build further community understanding of the issues, so the community is part of future decision making every step of the way. Work to build community resilience in South Dunedin continues, this will be even more critical in the coming months and will form the focus on community engagement on South Dunedin in the immediate future.	On-going
Activity to make South Dunedin’s infrastructure more climate resilient	The climate rapid review is a first step in identifying activities to make South Dunedin infrastructure more climate resilient.	On-going
Related projects: South Dunedin flood alleviation and St. Clair to St. Kilda Coastal Plan \| Whakahekerau – Rakiātea Rautaki Tai	The programme aims to develop a coherent long-term plan for the St Clair to St Kilda coastline. It is anticipated that, by the end of 2020, a vision and plan for the coast from St Clair to St Kilda will be in place, capturing what is valued and what is committed to as a long-term outcome for this coast. The plan will set out the steps we will take in the short, medium, and long-term to achieve the vision and to manage the coast.	During 2020

OPTIONS

41 As this report provides an update on a work programme, no options have been identified.

NEXT STEPS

42 Next steps for the climate change work programme include:

a) conducting the Climate 2030 Rapid Review, and associated initiatives to embed the findings of this in both the 10 Year Plan and the DCC’s organisational framework and systems; and,

b) continuing development of guidance and tools for staff relating to embedding Zero Carbon 2030 ambitions in procurement processes, forward planning, and general operations; and

c) South Dunedin Future initiatives, including a significant programme of community discussions about the effects of climate change in South Dunedin, progress towards the development of Dynamic Adaptive Policy Pathways, continuing to compile the technical data and evidence based for South Dunedin, and work on the related projects; South Dunedin flood alleviation and St. Clair to St. Kilda Coastal Plan | Whakahekerau – Rakiātea Rautaki Tai.

d) discussions with the DCC’s Kaiwhakamaherehere to identify how to embed iwi engagement and liaison in the Climate Change Work Programme going forward.

Signatories

Author:

Jinty MacTavish - Principal Policy Advisor

Suzie Ballantyne - Senior Policy Analyst

Authoriser:

Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇩a	Priority risks identified in climate vulnerability and risk assessment	142

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the social 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 climate change work programme supports the DCC’s strategic direction in a number of areas. The climate changes work programme contributes to a range of strategic projects/policies and plans.

Māori Impact Statement

Te Rūnanga o Ngāi Tahu’s Climate Change Strategy, Te Tāhū o te Whāriki, acknowledges that impacts will be felt across the whole spectrum of Ngāi Tahu interests, assets and activities. It expresses an intention to be proactive in developing a response and in showing leadership, to reduce the impacts of climate change and in adaptation work. A key pillar of the anticipated approach is Ngāi Tahu being embedded within key climate change response structures and programmes, at both central and local government level.

To date, the DCC’s engagement with Ngāi Tahu on climate change has been limited to project-specific discussions and high-level updates through the Maori Participation Working Party and Aukaha. With the advent of the DCC’s more formalised climate change work programme, there is a need to work with iwi to understand how they wish to be involved with the programme in this next phase, in line with the aspirations set out in Te Tāhū o Whāriki. As a first step, discussions have commenced with the DCC’s Kaiwhakamaherehere, in relation to both Climate Change Adaptation and Zero Carbon 2030 work streams.

Sustainability

The changing climate is already affecting New Zealand’s economy, environment and way of life, disrupting the pursuit of sustainable development. While adapting to climate change cannot be avoided, and indeed is necessary to protect communities from the worst effects of climate change, adaptation is not a substitute for reducing emissions. Without significant cuts to emissions, impacts will further accelerate, with commensurate negative impacts on the social, environmental, cultural and economic wellbeing of New Zealand communities.

Conversely, actions to reduce emissions generally have significant co-benefits in terms of community wellbeing. Climate change mitigation/emissions reduction efforts are considered key to sustainability. ‘Climate Action’ is one of the United Nation’s Sustainable Development Goals, reflecting the centrality of action on climate change to the achievement of sustainable development.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The climate change work programme influences these key strategic documents.

Financial considerations

There are no financial considerations as this is an update report only.

Significance

This report is assessed as being of low significance in terms of the DCC’s Significance and Engagement Policy because it is an update report only.

Engagement – external

There was no external engagement on this update report.

Engagement – internal

A number of departments that contribute to the South Dunedin Future project (i.e. Comms and Marketing, City Development and 3 Waters) had the opportunity to review this report.

Risks: Legal / Health and Safety etc.

There are no known legal and health and safety risks for this update report.

Conflict of Interest

There are no known conflicts of interest for this update report.

Community Boards

There are no known impacts of this report for Community Boards, although the contents may be of interest.

Council

25 May 2020

Central City Plan - George Street Update Report

Department: City Development

EXECUTIVE SUMMARY

1 The purpose of this report is to present the review and Preliminary Design work carried out on the Central City Plan - George Street Upgrade project, since the Planning and Environment Committee meeting on 11 June 2019. Preliminary Design reports are appended in Attachments A - C.

2 The Planning & Environment Committee resolution of 11^th June 2019 requested a series of baseline data studies for George Street, which have been commissioned as part of the Preliminary Design. The aim of the studies is to consider how the George Street currently performs and functions, to identify its constraints, and provide recommendations for inclusion in Detailed Design works. These reports are appended in Attachments D to G.

RECOMMENDATIONS

That the Council:

a) Notes the update report on the Central City Plan – George Street project.

BACKGROUND

Central City Plan

3 The Dunedin Central City Plan is designed to guide development of the central city area for the next 10-15 years. It establishes a vision for the central city area and an integrated series of initiatives and changes designed to work towards this vision. The vision is aspirational and aims to support the city’s goal of becoming “one of the world’s great small cities”. The DCC sees a prosperous, vibrant, exciting, and accessible central city as a key to this aspiration. This framework was adopted by the Planning and Environment Committee in October 2011.

George St Project

4 The George Street project aims to: renew existing three waters infrastructure, improve safety and enhance the ‘look and feel’ of George Street and the broader retail area. The following key objectives for the project, taken from the Central City Plan are:

a) Protect and enhance George Street and associated streets as the city’s premiere retail destination for a range of commercial tenants.

b) To make George Street a more attractive place for people to visit.

c) Improve safety and accessibility for pedestrians and other vulnerable road users and reduce crash rates.

d) Coordinate infrastructure renewals to limit the extent of any further disturbances in the period following the amenity and safety improvement works

5 Stakeholder and public engagement was undertaken to inform the Concept design of the George Street project. This feedback was presented and noted by Planning and Environment Committee on 16^th April 2019

6 The Concept Design, developed following the stakeholder and community feedback, was presented to and endorsed at the 11 June 2019 Planning and Environment Committee meeting.

DISCUSSION

7 Three waters infrastructure, pavements and street furniture renewals are required in George Street due to aging infrastructure including:

a) The stormwater main is 146 years old

b) The drinking water mains are 80 and 150 years old respectively

c) The wastewater main is earthenware and has 170m which is damaged

d) Paving, hard surfacing and street furniture is failing

The three waters Preliminary Design Reports are included in Attachments A and B.

8 The Planning & Environment Committee resolution of 11^th June 2019 requested a series of baseline data studies for the George Street Upgrade project including:

a) Public life assessment

b) Economic audit

c) Accessibility audit

d) Parking study

These studies have been commissioned as part of the Preliminary Design works. The aim of the studies is to consider how George Street currently performs and functions, to identify its constraints, and provide recommendations for inclusion in Detailed Design works.

9 The George St Upgrade Preliminary Design has been developed based on the following information:

a) Review of the DCC Concept Design presented at 11^th June 2019 Planning and Environment Committee meeting

b) Key objectives outlined with in the Central City Plan,

c) Spatial Plan strategic objectives

d) Feedback received through community consultation (which was reported to Planning & Environment Committee on 16^th April 2019) and

e) Advisory Group engagement throughout the Preliminary Design Phase.

10 The Preliminary Design aims to meet the objectives and opportunities as set out in the Dunedin Central City Plan. Based on Council’s strategic directions and community feedback, the design looks to balance both movement and create George Street as a destination, that people want to live, work, spend time in and is a lively and active place to do business. The Preliminary Design report is included in Attachment C.

11 Four independent studies were commissioned. The accessibility audit review has been carried out on the current level of accessibility provisions in George Street and the uplift in accessibility offered by the proposed Preliminary Design. This report is included in Attachment D.

12 An Economic Resilience assessment reviewed the project rationale, George Street’s resilience to change and identify key opportunities and challenges. The report also provides baseline data of consumer spend and demographics. An economic decision collateral framework is provided alongside recommendations to mitigate the impacts of construction within the area. The report is included in Attachment E.

13 A Public Life Assessment was commissioned, based on the technique developed by the renowned Architect Jan Gehl, to understand how people interact with George Street and inform the design to help make the Retail Quarter fit the needs of the people who live, work and visit it. The report is included in Attachment F.

14 The parking study considers the existing car parking inventory, reviews the occupancy and the changes proposed in the preliminary design and provides recommendations regarding opportunities to address the parking demand including reconfiguring the Great King Street car park. The report is included in Attachment G.

15 These studies and the recommendations within them will be used to inform the Detailed Design and Detailed Business Case.

OPTIONS

16 This is a report for noting, there are no options.

NEXT STEPS

17 Using the Preliminary Design work and baseline studies completed since the June 2019 Planning & Environment Committee, staff will continue with stakeholder and community engagement. Feedback from engagement will be used to inform the Detailed Design and Detailed Business Case.

18 Staff will continue with investigations, Detailed Design and traffic modelling work.

19 NZTA have recently approved the Indicative Business Case and enabled funding of the Detailed Business Case. Staff will continue to work with NZTA to develop the Detailed Business Case, which will present the information NZTA will need to consider NZTA implementation funding.

Signatories

Author:

Kathryn Ward - Principal Urban Designer

Authoriser:

Simon Drew - General Manager Infrastructure Services

Sandy Graham - General Manager City Services

Attachments

Title Page

A 3 Waters Preliminary Design Report (Under Separate Cover 1)

B 3 Waters Preliminary Design Report Enabling Works (Under Separate Cover 1)

C Urban Design Preliminary Design Report (Under Separate Cover 1)

D Retail Quarter Accessibility Review (Under Separate Cover 2)

E Retail Quarter – Economic Resilience Report (Under Separate Cover 2)

F George Street Public Life Survey (Under Separate Cover 2)

G Retail Quarter Parking Study (Under Separate Cover 2)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision/report/proposal relates to providing local infrastructure and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☒	☐	☐
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

Delivery of the Central City Plan projects will continue to a range of objectives contained within Dunedin City Council strategies.

Māori Impact Statement

Consultation has been undertaken with mana whenua. Mana whenua are embedded in the project delivery team.

Sustainability

Sustainability will be a key consideration during the development of this project.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Funding for the Central City Plan is included in the Long Term Plan.

Financial considerations

There are no financial considerations associated with this report.

Significance

This report is considered low significance in terms of the Council’s Significant and Engagement Policy.

Engagement – external

Significant external engagement has occurred during this engagement process

Engagement - internal

Significant internal engagement has occurred throughout this process

Risks: Legal / Health and Safety etc.

There are no known risks with this noting report

Conflict of Interest

No conflicts have been identified.

Community Boards

George Street is not located within a Community board area but the project is of wide community interest

Council

25 May 2020

Financial Result - Period Ended 31 March 2020

Department: Finance

EXECUTIVE SUMMARY

1 This report provides the financial results for the period ended 31 March 2020 and the financial position as at that date.

RECOMMENDATIONS

That the Council:

a) Notes the Financial Performance for the period ended 31 March 2020 and the Financial Position as at that date.

BACKGROUND

2 This report provides the financial statements for the period ended 31 March 2020. It includes reports on: financial performance, financial position, cashflows and capital expenditure. The operating result is also shown by group, including analysis by revenue and expenditure type.

DISCUSSION

3 The year to date revenue variance included reduced activity at the Green Island Landfill and lower parking revenue caused by delays in implementing the new parking pricing structure which, once implemented, has generated lower-than-expected levels of increased revenue. These unfavourable variances were partially offset by an unbudgeted dividend from Civic Assurance, higher than expected building consent and resource consent activity, unbudgeted rent revenue from recently acquired properties and unbudgeted revenue from the Provincial Growth Fund for economic development initiatives.

4 Grants revenue was less than budget due to less NZTA income reflecting the timing of major transportation projects and subsidised roading renewals.

5 Overall expenditure was a favourable spend of $1.133 million on a year to date budget of $237 million. This was due to favourable interest costs, delayed timing associated with greenspace contracts, lower variable costs resulting from the reduced landfill activity, and lower than expected pre-reseal road maintenance expenditure. An absence of significant weather events to date has also resulted in lower emergency works being carried out.

6 These favourable variances were partially offset by higher than expected depreciation following the revaluation of Transport assets and higher personnel costs due largely to additional staffing required to support the delivery of 2GP and increased building consent activity.

7 The year to date Waipori result was behind budget, with fair values losses across all investments and equity portfolios in March reflecting current market conditions. It should be noted that there was some recovery in late March following the initial impact of the market decline.

8 Capital expenditure was running under budget, but at a similar level to last financial year’s corresponding figure.

OPTIONS

9 Not applicable.

NEXT STEPS

10 Not applicable.

Signatories

Author:

Lawrie Warwood - Financial Analyst

Gavin Logie - Financial Controller

Authoriser:

Dave Tombs - General Manager Finance and Commercial

Attachments

	Title	Page
⇩a	Summary Financial Information	153
⇩b	Statement of Financial Performance	154
⇩c	Statement of Financial Position	155
⇩d	Statement of Cashflows	156
⇩e	Capital Expenditure Summary	157
⇩f	Summary of Operating Variances	158
⇩g	Finance Review	159

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The financial expenditure reported in this report relates to providing local infrastructure, public services and regulatory functions which contribute to the well-being of the community.

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 report has no direct contribution to the Strategic Framework, although the financial expenditure reported in this report has contributed to all of the strategies.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report fulfils the internal financial reporting requirements for Council.

Financial considerations

Not applicable – reporting only.

Significance

Not applicable – reporting only.

Engagement – external

There has been no external engagement.

Engagement - internal

The report is prepared as a summary for the individual department financial reports.

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

25 May 2020

Financial Result - Period Ended 30 April 2020

Department: Finance

EXECUTIVE SUMMARY

1 This report provides the financial results for the period ended 30 April 2020 and the financial position as at that date.

RECOMMENDATIONS

That the Council:

a) Notes the Financial Performance for the period ended 30 April 2020 and the Financial Position as at that date.

BACKGROUND

2 This report provides the financial statements for the period ended 30 April 2020. It includes reports on: financial performance, financial position, cashflows and capital expenditure. The operating result is also shown by group, including analysis by revenue and expenditure type.

3 Please note that the supporting narrative (Financial Review) for April 2020 had not been completed at the time of publication of this agenda.

DISCUSSION

4 The year to date unfavourable revenue variance included the impact of the nationwide lockdown with a number of operating units recording little or no income in the month of April. The variance also included the previously reported reduced activity at the Green Island Landfill and lower parking revenue due to delays in implementing the new pricing structure and the increased revenue from the new pricing structure being less than originally anticipated.

These unfavourable variances were partially offset by an unbudgeted dividend from Civic Assurance and unbudgeted revenue from the Provincial Growth Fund for economic development initiatives.

Grants revenue was also less than budget due to the lower than expected capital expenditure on roading projects. This included the impact of limited activity in April.

5 Overall expenditure was a favourable spend of $4.052 million. This was due to favourable interest costs, delayed timing associated with greenspace contracts, lower variable costs resulting from the reduced landfill activity, and lower than expected pre-reseal road maintenance expenditure. An absence of significant weather events to date has also resulted in lower emergency works being carried out.

The nationwide lockdown also resulted in a reduction in expenditure in April across various activities in particular Three Waters, Parks, Property and Transportation.

These favourable variances were partially offset by: higher depreciation following the revaluation of Transport assets; and higher personnel costs due to additional staffing required to support the delivery of 2GP and increased building consent activity.

6 The year to date Waipori result was behind budget with fair value write downs across a number of investment and equity portfolios. This was reflective of current market conditions, however there was a degree of recovery in April following the market decline that occurred in March.

7 Capital expenditure was running under budget with a significant underspend in the month of April following the nationwide lockdown. It is anticipated that capital spend for the full year will now fall short of budget.

OPTIONS

8 Not applicable.

NEXT STEPS

9 Not applicable.

Signatories

Author:

Gavin Logie - Financial Controller

Lawrie Warwood - Financial Analyst

Authoriser:

Dave Tombs - General Manager Finance and Commercial

Attachments

	Title	Page
⇩a	Summary Financial Information	171
⇩b	Statement of Financial Performance	172
⇩c	Statement of Financial Position	173
⇩d	Statement of Cashflows	174
⇩e	Capital Expenditure Summary	175
⇩f	Summary of Operating Variances	176

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The financial expenditure reported in this report relates to providing local infrastructure, public services and regulatory functions which contribute to the well-being of the community.

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 report has no direct contribution to the Strategic Framework, although the financial expenditure reported in this report has contributed to all of the strategies.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report fulfils the internal financial reporting requirements for Council.

Financial considerations

Not applicable – reporting only.

Significance

Not applicable – reporting only.

Engagement – external

There has been no external engagement.

Engagement - internal

The report is prepared as a summary for the individual department financial reports.

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

25 May 2020

DCC Submission on the Office of the Auditor General - Draft Annual Plan 2020/21

Department: Community and Planning

EXECUTIVE SUMMARY

1 This report seeks approval for a Dunedin City Council (DCC) submission (Attachment A) to the Office of the Auditor-General on the proposed Draft Annual Plan 2020/21 (Attachment B).

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission to the Auditor-General on the proposed Draft Annual Plan 2020/21.

BACKGROUND

2 The Auditor General invites feedback on the proposed draft Annual Plan 2020/21 by 29 May 2020.

3 The annual work programme is part of a multi-year work programme that is refreshed every year. The proposed programme of work covers a broad range of categories in the aim to accurately assess the how well the public sector is improving the lives of New Zealanders and how well the system is working. This year’s annual plan also includes consideration of the significant impact Covid-19 has had on the financial and service performance of many public organisations.

DISCUSSION

4 The draft DCC submission is supportive of the Auditor-General’s Draft Annual Plan 2020/21, as the proposed programme of works is broadly in alignment with the DCC’s strategic goals.

5 Specifically, the DCC is in support of work that covers; housing, homelessness, commitments to and partnership with Māori, wellbeing objectives and climate resiliency.

6 The DCC submission supports proposed work which will examine the public services capacity to engage and build partnerships with Māori. However, the DCC is recommending widening the scope of examination to include local governments, rather than just central Government agencies.

OPTIONS

Option One – Approve the submission (Recommended Option)

7 Approve the DCC submission to the Auditor-General on the proposed draft Annual Plan 2020/21.

Advantages

· Opportunity to show support of the Auditor-General’s commitment to a holistic programme of work for public organisations, including local government.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not approve the submission

8 Do not approve the DCC submission to the Auditor-General on the proposed draft Annual Plan 2020/21.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to support the Auditor-General’s efforts to provide a holistic programme of work for public organisations, including local government.

NEXT STEPS

9 If the Council approves the draft submission, amendments will be made as necessary and then it will be submitted to the Auditor-General via email.

Signatories

Author:	Suzie Ballantyne - Senior Policy Analyst
Authoriser:	Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇩a	DCC submission on the Auditor-General Draft Annual Plan 2020/21	181
⇩b	The Office of the Auditor-General Draft Annual Plan 2020/21	183

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

Māori Impact Statement

There are no known impacts for mana whenua.

Sustainability

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

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The draft DCC submission supports the inclusion of plans for climate change adaptation and mitigation as key part of the audit of Council’s 2021-31 LTP, but has no known impact on the other documents. This submission is in support of changes to improve the information provided on climate resiliency in LTPs.

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

External engagement was not required for the preparation of this submission.

Engagement - internal

This submission was prepared by Corporate Policy with input from Finance, and Corporate Services (Corporate Planner, Principle Policy Advisor, Kaiwhakamaherehere).

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no implications for Community Boards.

Council

25 May 2020

Approval to Grant Drainage Easement over part of Ocean Grove Local Purpose (Coastal Protection) Reserve

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Dunedin City Council – 3 Waters (the Applicant), for the grant of a drainage easement over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve (the Reserve) for installation of a pipeline and related infrastructure within the reserve, which will service a private residential subdivision at 357 Tomahawk Road, Ocean Grove, Dunedin, being developed by Four Amigos 2018 Limited (the Developer), and recommends the easement be granted.

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

RECOMMENDATIONS

That Council:

a) Acting in its capacity as the administering body of the Ocean Grove Local Purpose (Coastal Protection) Reserve pursuant to the Reserves Act 1977:

i) Grants an easement to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve adjacent to 357 Tomahawk Road, Ocean Grove, Dunedin, subject to the conditions outlined in this report.

ii) Approves waiving the annual rental for use of the Ocean Grove Local Purpose (Coastal Protection) Reserve.

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

b) Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of an easement to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve, adjacent to 357 Tomahawk Road, Ocean Grove, Dunedin, subject to the conditions outlined in this report.

BACKGROUND

3 The Ocean Grove Local Purpose (Coastal Protection) Reserve is described as Section 49 Block VII Otago Peninsula Survey District and is held in fee simple by Dunedin City Council in Record of Title 482679. The part of the reserve subject of this report is located immediately adjacent to a private residential development at 357 Tomahawk Road, Ocean Grove, Dunedin.

4 The Developer received subdivision consent on 18 July 2019 for a 16 Lot residential subdivision of land at 357 Tomahawk Road, Ocean Grove, Dunedin. (SUB-2014-42, as varied by SUB-2014-42/A and SUB-2014-42/B).

5 A Condition of that decision relating to stormwater was that:

2e) A stormwater management plan for the subdivision shall be provided to the Water and Waste Services Business Unit for approval prior to any works commencing on-site. The stormwater management plan shall outline how stormwater from each of the proposed lots will be managed, identify and address the downstream effects in the receiving environment of the additional stormwater generated by the subdivision, and provide detail of the mitigation required.

6 It was assumed that the subdivision would be able to connect to the city’s stormwater mains network in Tomahawk Road. Those stormwater mains drain to an outlet at the Tomahawk Lagoon under a discharge permit held by Council from the Otago Regional Council (ORC).

7 Restrictions on new/increased in-flows of stormwater to the Lagoon and consent requirements under the ORC’s Water Plan, mean that drainage of stormwater from the Developer's subdivision cannot be permitted to enter the Lagoon. Given the Council’s earlier approval to the subdivision and development and the current stage of construction works, the most practical and preferred option identified by Council is to enable the development to drain stormwater via a pipeline under Tomahawk Road and through part of the Ocean Grove Local Purpose (Coastal Protection) Reserve to connect the subdivision with a purpose designed soakage/dispersal structure located on part of the Reserve. (see Attachments A and B).

8 The reasoning for this and the approval of the soakage/dispersal system is contained in 3 Waters comments on a proposed Tomahawk drainage easement. (See Attachment C).

9 A stormwater management plan has been developed in conjunction with 3 Waters, and this has been approved. That plan includes the design by Geo Solve Consultants for a soakage/dispersal structure within the reserve to receive the stormwater from the subdivision. (See Attachment D).

10 As Council (3 Waters) will become the owner of the pipeline and the soakage/dispersal structure within the reserve, Council (3 Waters) seeks a formal easement as the best way to formally record the presence and use of this infrastructure within the reserve. A new LT Plan will be drawn to show the proposed ‘Easement for the drainage of water’.

11 The Applicant (3 Waters) is seeking approval of the Council, as the administering body of the reserve and as the Minister of Conservation’s delegate, to grant the easement to drain water pursuant to Section 48 of the Reserves Act 1977.

DISCUSSION

Council as the administering body

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

13 The Ocean Grove Local Purpose (Coastal Protection) Reserve was re-classified for this purpose from Recreation Reserve by NZ Gazette dated 6 November 2009. The reserve is incorporated in Council’s Coastal Dunedin Reserves Management Plan dated July 2010.

Reserves Act 1977

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

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

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

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

16 Following installation of the pipeline and soakage/dispersal structure within the reserve, the affected land will be remediated and the structure itself will be rehabilitated with appropriate plantings to mitigate any visual effects and to assist with dune regeneration. This means that the reserve is not likely to be materially altered or permanently damaged. The rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement, particularly given that public use of the structure location is minimal and use of the area will remain largely unaffected.

17 The effects on the Reserve of any future maintenance or repairs to the pipelines will be temporary. After the first 12 months, any such responsibility and costs will be borne by Council’s 3 Waters Department.

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

Reserve Management Plan General Policies

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

20 3 Waters has provided a Summary outlining why the reserve is the preferred option (Attachment C).

21 Part of the Reserve for the proposed pipeline is previously disturbed ground while the location for the soakage/dispersal structure is in a shallow depression and well vegetated. Nearby are two informal public access routes through the dunes. The location of the dispersal structure is not less than 90 metres from Tomahawk Beach at the closest point and is elevated approx. 10 - 12 metres above the beach.

22 The General Policies recommend a maximum term equivalent to the useful life of the asset and state that easements in perpetuity “will not be granted”. The Council has previously agreed to easements in perpetuity. In this instance, use of the reserve in perpetuity is supported, although it should be noted that this easement may be surrendered at a later date if Council can provide a network-based resolution to the management of stormwater in this locality.

23 The General Policies provide for the owners of privately-owned underground facilities to pay a fee as a yearly rental to recognise the private benefit gained from use of a public reserve. To date Council has not charged annual fees for other private connections to Council infrastructure. In this case however, there is no connection, with the discharge being to public reserve land, with ownership of the infrastructure to transfer to Council 3 Waters after 12 months. Accordingly, it is recommended that Council not charge an annual easement fee for the pipeline and soakage/dispersal structure.

Easement terms and conditions

24 It is proposed that an easement creating a right to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve in favour of Dunedin City Council (3 Waters) be granted on the condition that the Developer must meet all costs associated with the design, installation, survey and legal costs associated with the easement. This includes the costs of installing the pipeline under the road and within the reserve, installing the soakage/dispersal structure as well as meeting all costs relating to remediation of the site works, revegetation of the dispersal structure, connection to the development, survey and, preparing, executing and registering the easement documentation. On-going maintenance of the pipeline and dispersal structure within the reserve will be the responsibility of the Developer for 12 months following installation of the infrastructure, and then Council’s 3 Waters Department.

25 The proposed key elements of the easement would include:

Statute Granted pursuant to section 48 of the Reserves Act 1977 on Council's standard terms and conditions.

MEMORANDUM OF PROPOSED EASEMENT IN GROSS

Right to Drain Water

Over that part of the land in Record of Title 482679 that will have the pipeline and disposal structure described in this report.

In favour of Dunedin City Council

Term In perpetuity

Rental Nil

26 The terms and conditions of the easement are to be finalised by the Council’s solicitors.

Merits of proposed easements

27 In the absence of any other practical or viable option at this time, it is considered that permitting the stormwater pipeline to cross the Reserve and discharge into a purpose designed soakage/dispersal structure is the preferred option available to the developer and the Council. This system is designed so as not to cause any impact to the state of the Reserve or to the public’s use of the reserve.

28 Without a solution to the problem of where to discharge stormwater from the residential development, the completion and delivery of that development will be delayed, with no certainty other options would be successful or timely.

29 As noted above, all costs associated with the design, installation, survey and legal costs associated with the formalisation of the easement will be met by the Developer.

Council as the Minister of Conservation’s delegate

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

OPTIONS (Acting as administering body of OCEAN GROVE LOCAL PURPOSE (COASTAL PROTECTION) RESERVE)

Option One – Recommended option

31 Council, acting as the administering body for the Ocean Grove Local Purpose (Coastal Protection) Reserve, grants an easement for the drainage of water across part of the reserve on the terms and conditions outlined in this report

Advantages

· The proposed easement is unlikely to significantly impact the use of the reserve

· Satisfies a resource consent condition

· Facilitates asset management processes by formally identifying the pipeline and soakage/dispersal structure.

Disadvantages

· There are no material disadvantages. The pipeline will be underground mostly through road and already disturbed ground. The soakage/dispersal structure has been designed to accommodate significantly more stormwater runoff than in a normal rain event with the dispersal method designed to minimise impacts on the natural ground conditions. The presence and location of the underground pipeline and dispersal structure are not seen as being material given the limited public recreational use of the reserve at this location.

Option Two – Status Quo

32 Do not grant easements to drain water across part of the Reserve.

Advantages

· No material advantages

Disadvantages

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

· Does not facilitate asset management

OPTIONS (ACTING UNDER DELEGATION FROM THE MINISTER OF CONSERVATION)

Option One – recommended option

33 As Council exercising its delegated legislative power, consents to the grant of the easement to drain water across part of the Ocean Grove Local Purpose (Coastal Protection) Reserve upon the terms and conditions outlined in this report.

Advantages

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

Disadvantages

· There are no material disadvantages.

Option Two – Status Quo

34 Do not consent to the grant of easements to drain water across part of the Reserve

Advantages

· No material advantages

Disadvantages

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

NEXT STEPS

35 If Council consents to granting the easement to drain water across part of the Ocean Grove Local Purpose (Coastal Protection) Reserve and is satisfied the legislative requirements are met:

a) The Developer will be requested to provide a written confirmation that it will meet all costs for and facilitate the requirements for the easement without undue delay in line with Council’s approval; and

b) The installation and connection of the pipeline and dispersal structure will be arranged, and the survey of the pipeline and structure site will be completed at the developers cost to enable the easement documents to be prepared for execution.

Signatories

Author:	Owen Graham - Senior Leasing and Land Advisor
Authoriser:	Robert West - Group Manager Parks and Recreation

Attachments

	Title	Page
⇩a	Aerial view showing pipeline and dispersal structure on Reserve	255
⇩b	Plans of subdivision and relationship to Reserve land	256
⇩c	3 Waters comments on proposed Tomahawk drainage easement	261
⇩d	Geo Solve technical report on soakage trench	264

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to ensuring a consented residential subdivision appropriately deals with stormwater drainage in the absence of any existing local infrastructure and is considered a pragmatic solution.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☐	☐	☒
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☒	☐
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☒	☐	☐
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

Ensuring the ability for stormwater drainage to reserve land is not the ideal option but is the preferred solution until other infrastructure options in the locality are assessed.

Māori Impact Statement

Sustainability

An appropriately developed and maintained stormwater dispersal system contributes to social, economic sustainability.

LTP/Annual Plan / Financial Strategy / Infrastructure Strategy

There are no implications from this proposal for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures. The proposal is supported by 3 Waters which will subsequently be assessing its Infrastructure Strategy for this locality.

Financial considerations

The applicant would meet the costs of the pipeline installation and construction of the soakage/dispersal structure, survey and preparing and executing the easement documentation. On-going maintenance of the stormwater pipe and soakage/dispersal structure will be the responsibility of the developer for 12 months and then Council 3 Waters thereafter.

Significance

The decision has been assessed as being of low significance being mainly an administrative function, although there are development requirements Council 3 Waters will become responsible for.

Engagement – external

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

Engagement - internal

Water and Waste Services originally proposed the use of reserve land for stormwater drainage and have been involved and consulted throughout. Parks and Recreation Services have provided advice on the potential effects and the easement requirements. The Council’s Senior In-House Legal Counsel has provided advice in relation to the Reserves Act requirements.

Risks: Legal / Health and Safety etc.

There are no known material risks associated with the easement decision.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The subject area is within the Otago Peninsula Community Board area. The proposal has been discussed with the Board Chair who is aware of the development and supports the intent of the Report.

[1] Biogenic methane is methane produced from biological (plant and animal) sources – for example, as emitted by livestock, waste treatment and wetlands.

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

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 Public Forum	S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C2 Road Access	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3 Dunedin Waterfront Revitalisation	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. 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.	The information in this report is commercially sensitive..
C4 Dunedin City Holdings Group: Director Re-Appointments	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

	Title	Page
⇩a	Councillor Register of Interest	7
⇩b	Executive Leadership Team Register of Interest	17