Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 28 July 2020, commencing at 10.00 am

PRESENT

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

IN ATTENDANCE

Sandy Graham (Acting Chief Executive Officer), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), John Christie (Director Enterprise Dunedin), Gavin Logie (Acting General Manager Finance), Nicola Pinfold (Group Manager Community and Planning), Tom Dyer (Group Manager 3 Waters), Rachel Wesley (Kaiwhakamāherehere), Tom Simons-Smith (Coastal Specialist), Jeanine Benson (Group Manager Transport), Michael Tannock (Transport Network Team Leader), Graham McKerracher (Manager, Council Communications and Marketing), Clare Sullivan (Team Leader Civic), Jemma Adams (General Manager Dunedin City Holdings Ltd) and Keith Cooper (Chairperson, Dunedin City Holdings Ltd)

Governance Support Officer                  Lynne Adamson

1          Opening

Sriram Sundaresan and Lux Selvanesan, Hindu Temple Society and Chair of the Dunedin Multi-Ethnic Council opened the meeting with a prayer.

2          Public Forum

2.1       Public Forum – Voting System Change

                         Peter Barron spoke to his written information in support of the retention of the current               STV voting system.  He then responded to questions. 

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

             That the Council:

Extends the public forum.

Motion carried

2.2       Public Forum – Elections

                         Jack Cowie addressed the meeting on elections and the proposed voting system change.  He spoke in support of the retention of the current STV voting system and responded to questions.

Cr Carmen Houlahan left the meeting at 10.32 am and returned at 10.34 am.

3          Apologies

There were no apologies.

4          Confirmation of agenda

Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the agenda with the following amendments: In regard to Standing Order 21.1, that Standing Order 21.4, that Option C be adopted in relation to moving and seconding and speaking to amendments. That Item C2 – Property Negotiations – Inner City Site be taken at 2.00 pm to enable external representatives to attend the meeting Motion carried (CNL/2020/083)

5          Declarations of interest

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

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

a)     Notes the Elected Members' Interest Register; and

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

c)     Notes the proposed management plan for the Executive Leadership Team.

Motion carried

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 30 June 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 30 June 2020 as a correct record. Motion carried

7          Minutes of Community Boards

Mosgiel-Taieri Community Board - 18 March 2020
	Moved (Cr Carmen Houlahan/Cr Andrew Whiley): That the Council: Notes the minutes of the Mosgiel-Taieri Community Board meeting held on March 2020. Motion carried

Reports

8          Adoption of Roading Bylaw 2020
	A report from Transport recommended the adoption of the Roading Bylaw 2020.
	The Group Manager Transport (Jeanine Benson) and (Transport Network Team Leader) Michael Tannock spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Doug Hall): That the Council: a)     Determines that the Roading Bylaw 2020 was the most appropriate way to regulate the activities of road corridor users and their impact on the roading asset in Dunedin. b)     Determines that the Roading Bylaw 2020 was the most appropriate form of bylaw. c)     Determines that there were no inconsistencies with the New Zealand Bill of Rights Act 1990. d)     Adopts the Roading Bylaw 2020. Motion carried (CNL/2020/084)

9          Electoral System For Future Local Authority Elections
	A report from Civic noted that Council was required by Section 27 of the Local Electoral Act 2001 (the Act) to make a decision by 12 September 2020 if it wanted to change the electoral system to be used for the 2022 triennial general election.
	The Acting Chief Executive Officer (Sandy Graham) and Team Leader Civic (Clare Sullivan) spoke to the report and responded to questions.
	Moved (Mayor Aaron Hawkins/Cr Steve Walker): That the Council: a)     Confirms the present electoral system of Single Transferrable Vote. b)        Gives the statutory public notice of the right of electors to demand a poll. Division The Council voted by division: For:                  Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14). Against:          Cr Lee Vandervis (1). Abstained:    Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2020/085)

Crs Carmen Houlahan, Doug Hall, Rachel Elder and Mike Lord left the meeting at 11.25 am.

Cr Mike Lord returned to the meeting at 11.27 am.

Cr Sophie Barker left the meeting at 11.28 am.

Crs Rachel Elder and Carmen Houlahan returned to the meeting at 11.29 am and Cr Doug Hall returned at 11.30 am.

Cr Christine Garey left the meeting at 11.30 am and returned at 11.32 am.

Cr Sophie Barker returned to the meeting at 11.36 am.

10        St Clair Beach - Timber Groyne, Risk Assessment
	A report from 3 Waters outlined the feasibility of and options for the reinstatement of the existing timber groyne structure at St Clair Beach as requested by Council on 10 December 2019.
	The General Manager Infrastructure Services (Simon Drew), Group Manager 3 Waters (Tom Dyer) and Coastal Specialist (Tom Simons-Smith) spoke to the report and responded to questions.
	Moved (Cr Jules Radich/Cr Andrew Whiley): That the Council: a) Approves continuing with the St Clair – St Kilda Coastal Plan engagement process and implementing the resulting investment decisions informed by this work. b) Includes a proposal and supporting information for reinstating the St Clair groyne on a 5 year trial basis in its Coastal Plan consultation options.
	Following extensive discussion an amendment was moved (Cr David Benson-Pope/Cr Chris Staynes): That the Council: a) Approves continuing with the St Clair- St Kilda Coastal Plan engagement process. Motion carried (CNL/2020/086) on a show of hands.
	Following discussion a further amendment was moved (Cr David Benson-Pope/Cr Marie Laufiso): That the Council:              b)        Includes a proposal for reinstating the St Clair Groyne on a 5 year trial basis in its                          Coastal Plan consultation options.  Motion carried (CNL/2020/087) on a show of hands.
	It was requested that the substantive motion be taken separately.
Cr Sophie Barker left the meeting at 12.35 pm.
	Moved (Cr Jules Radich/Cr Andrew Whiley): That the Council: a) Approves continuing with the St Clair – St Kilda Coastal Plan engagement process. Motion carried (CNL/2020/088)
	Moved (Cr Jules Radich/Cr Andrew Whiley): That the Council: b) Includes a proposal for reinstating the St Clair Groyne on a 5 year trial basis in          its Coastal Plan consultation options. Division The Council voted by division:                   For:                 Crs Rachel Elder, Doug Hall, Carmen Houlahan, Jules Radich, Lee                                           Vandervis and Andrew Whiley (6).                   Against:         Crs David Benson-Pope, Christine Garey, Marie Laufiso, Mike Lord,                                   Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins                                   (8).         Abstained:             Nil The division was declared LOST by 6 votes to 8

Moved (Mayor Aaron Hawkins/Cr Steve Walker):

             That the Council:

Adjourn the meeting until 2.00 pm.

Motion carried

The meeting adjourned at 12.57 pm and reconvened at 2.02 pm.

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council:

RESOLUTION to exclude the public

That the Council:

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

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1  Ordinary Council meeting - 30 June 2020 - Public Excluded	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(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).	.
C2  Property Negotiations - Inner City Site	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.	In particular this report is confidential to protect Council's position in respect of the negotiations for a proposed property sale..
C3  Three Waters Reform Work Programme	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.
C4  Three Waters Network Renewals: Proposed Contracts and Procurement Approach	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.  That members of Ngai Tahu and the local Runaka be permitted to remain in the meeting after the public has been excluded because of their knowledge of Item C2.  This knowledge, which will be of assistance is relevant to the matter discussed.

Motion carried

The meeting moved into non-public at 2.03 pm and reconvened in public at 4.56 pm.

11        Mana Whakahono Ā Rohe Agreement with Manawhenua
	A report from the Office of the Chief Executive updated the Council on progress to date on the drafting of a Mana Whakahono ā Rohe agreement between mana whenua and the Dunedin City Council.
	The Acting Chief Executive Officer (Sandy Graham)  and Kaiwhakamāherehere (Rachel Wesley) spoke to the report and responded to questions.  The Mayor thanked Ms Wesley and acknowledged all her work to progress the 30 June 2021 date on the drafting of the agreement.  He wished her well and looked forward to continuing to work with her in her new role.
	Moved (Cr Lee Vandervis/Cr Carmen Houlahan): That the Council: a) Agrees to extend the conclusion date for the Mana Whakahono ā Rohe: Iwi Participation Agreement to 30 June 2021. Motion carried (CNL/2020/089)

12        Submission on the Department of Conservation and Fisheries New Zealand's Proposed southeast marine protected areas
	A report from 3 Waters advised that the Department of Conservation (DOC) and Fisheries New Zealand (FNZ) were consulting on the establishment of a proposed network of marine protection areas for New Zealand’s South Island South-East Coast.  The Dunedin City Council (DCC) made a submission on 15 May during the lockdown for COVID-19.  The report noted that the public consultation process was withdrawn due to the pandemic but had now recommenced. The original DCC submission made on 15 May 2020 was withdrawn and previous submitters had the opportunity to amend an original submission and re-submit on the proposal.
	The General Manager Infrastructure Services (Simon Drew) and Group Manager 3 Waters (Tom Dyer) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Steve Walker): That the Council: a)     Approves the amended DCC submission dated 3 July 2020 to the Department of Conservation and Fisheries New Zealand on the proposed southeast coast marine protected areas.  Motion carried (CNL/2020/090)

13        DCC Submission on the ORC Vision Statement
	A report from Corporate Policy and Community and Planning sought retrospective approval of a Dunedin City Council (DCC) submission to the Otago Regional Council (ORC) on its Vision for Otago, via a survey which sought feedback on vision statements and spending priorities.
	The Group Manager Community and Planning (Nicola Pinfold) and (Policy Advisor) Hoani Yates spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Chris Staynes): That the Council: a)     Approves, in retrospect, the DCC submission to the Otago Regional Council on the Vision for Otago. Motion carried (CNL/2020/091)

14        Council Forward Work Programme
	A report from the Executive Leadership Team provided information on the forward work programme for the 2020-2021 year.
	The Acting Chief Executive (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Steve Walker/Cr Chris Staynes): That the Council: a)     Notes the Council forward work programme. Motion carried (CNL/2020/092)

15        Committee Structure and Delegations Manual Change
Cr David Benson-Pope withdrew from this item.
	A report from Civic advised that the Committee Structure and Delegations Manual required  a minor change related to the delegation to resolve Second Generation Plan (2GP) appeals.
	The Acting Chief Executive Officer (Sandy Graham) and Team Leader Civic (Clare Sullivan) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Steve Walker): That the Council: a)     Authorises the Chair of the Planning and Environment Committee (or their delegate) to resolve 2GP appeals. b)     Updates the Committee Structure and Delegations Manual 2019 to reflect the             change.
	There was a discussion on the recommendations.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council:              Adjourns the meeting for three minutes. Motion carried
	The meeting adjourned at 5.59 pm and reconvened at 6.02 pm. The substantive resolution was then put by division.
	Moved (Cr Mike Lord/Cr Steve Walker): That the Council: a)     Authorises the Chair of the Planning and Environment Committee (or their delegate) to resolve 2GP appeals. b)     Updates the Committee Structure and Delegations Manual 2019 to reflect the             change. Division The Council voted by division: For:                  Crs Rachel Elder, Christine Garey, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (8). Against:          Crs Doug Hall, Carmen Houlahan, Jules Radich, Lee Vandervis and Andrew Whiley (5). Abstained:    Nil The division was declared CARRIED by 8 votes to 5 Motion carried (CNL/2020/093)

16        District Licensing Committee Membership Update
	A report from Community Services provided an update on the process to review the membership of the District Licensing Committee (DLC).
	The Chair of the District Licensing Committee Membership Selection Subcommittee (Cr Andrew Whiley) and General Manager Community Services (Simon Pickford) spoke to the report and responded to questions. Cr Andrew Whiley spoke of the high calibre of the candidates and advised that a report with the recommendations would be presented to the Council August 2020 meeting.
	Moved (Cr Andrew Whiley/Cr Rachel Elder): That the Council: a)     Recommends that the Acting Chief Executive renews Mr Weatherall’s appointment as Commissioner to the District Licensing Committee until 30 August 2020. b)     Extends Cr David Benson-Pope as a council representative member of the District Licensing Committee until 30 August 2020. c)     Extends the membership of Mr Lind and Mr Burrows as community representative members of the District Licensing Committee until 30 August 2020 .Motion carried (CNL/2020/094)

17        2020/2021 Statements of Intent - Dunedin City Holdings Group Companies
	The 2020/2021 Statements of Intent of Dunedin City Holdings Ltd (DCHL) and its subsidiary and associate companies for the year ending 30 June 2021 had been adopted by their respective boards and endorsed by the board of Dunedin City Holdings Limited for presentation to Council.
	The Chairperson, Dunedin City Holdings Ltd (Keith Cooper) and Jemma Adams (General Manager DCHL) and Gavin Logie (Acting General Manager Finance) spoke to cover report and responded to questions on the Statement of Intents. Mr Cooper provided an overview on the Statement of Intents and commented on the impact of COVID-19 on the forecast performance for Dunedin International Airport Ltd and Dunedin Venues Management Ltd.
	Moved (Cr Marie Laufiso/Cr Mike Lord): That the Council: a)     Agrees to the 2020/21 Statements of Intent of Dunedin City Holdings Ltd and its subsidiary and associate companies. Motion carried (CNL/2020/095)

The meeting concluded at 6.28 pm

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MAYOR