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Council
14 September 2020
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Council
MINUTES
Minutes of an ordinary
meeting of the Dunedin City Council held in the Edinburgh Room, Municipal
Chambers, The Octagon, Dunedin on Wednesday 05 August 2020, commencing at 10.02
am
PRESENT
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Mayor
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Mayor Aaron Hawkins
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Deputy Mayor
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Cr Christine Garey
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Members
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Cr Sophie Barker
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Cr David Benson-Pope
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Cr Rachel Elder
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Cr Doug Hall
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Cr Carmen Houlahan
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Cr Marie Laufiso
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Cr Mike Lord
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Cr Jim O'Malley
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Cr Jules Radich
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Cr Chris Staynes
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Cr Lee Vandervis
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Cr Steve Walker
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Cr Andrew Whiley
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IN ATTENDANCE
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Sandy Graham (Acting Chief
Executive), Simon Drew (General Manager Infrastructure Services), Simon
Pickford (General Manager Community Services), John Christie (Director
Enterprise Dunedin), Tom Dyer (Group Manager 3 Waters), Clare Sullivan (Team
Leader Civic) and Graham McKerracher (Manager, Council Communications and
Marketing).
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Governance Support Officer Lynne
Adamson
A moment of reflection was held for people in Beirut
following the devastating explosion which occurred earlier in the day.
The Mayor acknowledged the effect for the local Lebanese community.
1 Public
Forum
1.1 Public
Forum – Smooth Hill
Scott Weatherall, Chairperson, Saddle Hill Community
thanked Councillors and staff for their attendance and participation at a
community meeting held on Smooth Hill earlier in the week.
Mr Weatherall spoke of the community concerns on the
placement of Smooth Hill.
1.2 Public
Forum – Lower Otokia Creek Marsh
Viktoria Kahui, Simon Laing and Anne-Claire Mauger spoke on
behalf of the Otokia Creek and Marsh Habitual Trust on the Lower Otokia Creek
Marsh. They provided information on the formation of and their roles in
the trust and the goals to preserve the creek.
Moved (Mayor Aaron Hawkins/Cr
Steve Walker):
That
the Council:
Extends
the Public Forum.
Motion
carried
Ms
Kahui, Mr Laing and Ms Mauger responded to questions.
1.3 Public
Forum – Smooth Hill
Tessa Gabbott, Taisja Kahui, Payton Marsh and Bella
Coatsworth, pupils of Big Rock School spoke on their concerns with the proposed
Smooth Hill landfill. They felt the rubbish would attract pests and harm
birds and rubbish would leak into the stream adding to the already polluted
water thereby affecting wildlife, swimmers and surfers in the area.
The pupils responded to questions.
1.4 Public
Forum – Smooth Hill
Sarah Ramsay read information
opposing the proposed Smooth Hill landfill. She then responded to questions.
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2 Apologies
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There were no apologies.
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3 Confirmation
of agenda
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Moved (Mayor Aaron Hawkins/Cr Christine Garey):
That the Council:
Confirms the agenda
with the following addition or alteration
In regards to standing order
21.1, that standing order 21.4 Option C be adopted in relation to moving and
seconding and speaking to amendments.
Motion
carried (CNL/2020/061)
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4 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.
Cr Doug Hall advised that as he
was an appellant to the 2GP, he would withdraw from discussions on the District
Plan.
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Moved (Mayor Aaron Hawkins/Cr Christine Garey):
That the Council:
a) Amends 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 (CNL/2020/062)
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Cr Doug Hall left the meeting at 10.44 am and returned at
10.46am.
Reports
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6 LGNZ Annual General Meeting Remits and Rules
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A report
from Civic presented the remits that were going to the LGNZ AGM, along with a
proposed change to the LGNZ Rules at the Local Government New Zealand (LGNZ)
2020 Annual General Meeting (AGM) to be held on Friday 21 August 2020, in
Wellington.
The report requested that
Council gave consideration as to whether it wished to give pre-AGM direction
to the voting delegate about DCC’s support or otherwise of any of the
remits and proposed rule change.
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The Team Leader Civic (Clare Sullivan) spoke to the report
and responded to questions.
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Moved (Cr David Benson-Pope/Cr Steve Walker):
That the Council:
a) Approves
Option Two – Decisions on the voting position on each of the remits and
the rule change remains with voting delegate (the Mayor).
Motion
carried (CNL/2020/064)
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Resolution to exclude the public
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Moved (Mayor Aaron Hawkins/Cr Christine Garey):
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:
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General
subject of the matter to be considered
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Reasons
for passing this resolution in relation to each matter
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Ground(s) under
section 48(1) for the passing of this resolution
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Reason for
Confidentiality
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C1
LGNZ Annual General Meeting Election for Officeholders
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S7(2)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
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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.
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C2
Smooth Hill
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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.
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).
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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.
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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 Michael Garbett (Anderson Lloyd), and Joy Davis
(Chairperson, Mosgiel Taieri Community Board) be permitted to remain in the
meeting because of their knowledge of Item C2. This knowledge would be
of assistance and was relevant to the matter being discussed.
Motion
carried
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Moved (Mayor Aaron
Hawkins/Cr Chris Staynes):
That the Council:
Adjourns
the meeting for five minutes to move into non-public.
Motion
carried
The meeting adjourned and moved into non-public at 11.40 am
and concluded at 3.43 pm.
..............................................
MAYOR
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Council
14 September 2020
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Reports
Freedom camping end of season report
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 This
report provides a summary of statistics from the Freedom Camping End of Season
Report 2019-2020 (Attachment A) and the Freedom Camper Visitors Survey Summary
2019-2020 (Attachment B).
2 Data
collected during nightly enforcement patrols showed higher numbers of freedom
camping vehicles during the period November 2019 to February 2020 than in
previous seasons.
3 A
sharp decline in numbers occurred from March through to April 2020 as
Council-managed freedom camping sites were required to close due to the
COVID-19 pandemic.
4 Staff
received 93 freedom camping related complaints and 213 infringement notices
were issued and upheld during the 2019 - 2020 season. This represents
reductions of 31% and 59% respectively on the season prior.
5 A
total of 360 freedom campers participated in the Freedom Camper Visitors Survey
Summary 2019-2020 (Attachment B), which consisted of 23 questions concerning
their stay in Dunedin; 224 campers participated in a similar survey during the
previous camping season. The data from the survey provided staff with insight
into camper’s demographics, spending, motivations for visiting the
Dunedin district, experience of their visit and suggestions of ways in which
their experience could be improved. Findings were similar to those of the
2018-2019 survey with the largest variance being camper spending which
increased by 73%.
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RECOMMENDATIONS
That the Council:
a) Notes the
Freedom Camping End of Season Report 2019-2020 and the Freedom Camper
Visitors Survey Summary 2019-2020.
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BACKGROUND
6 Freedom
camping enforcement officers patrolled known camping sites nightly from 1
November 2019 to 31 May 2020. Officers issued Camping Control Bylaw
infringement notices for offences and gathered data on the number of overnight
camping vehicles staying in Dunedin City Council (DCC) parking spaces.
7 Three
Community Rangers visited freedom camping sites daily between December 2019 and
March 2020. The purpose of the visits was to provide education on the
Bylaw and other relevant information. The Rangers also checked sites for
maintenance issues, investigated complaints, gathered data and distributed
surveys. Community Rangers played a critical role during the early stages of
the COVID-19 pandemic by distributing approved public health information and
keeping a register of freedom campers and their intended movements. A summary
of Ranger activity is provided in Attachment C.
8 Freedom
campers staying overnight on DCC land were asked by Community Rangers to
participate in the Freedom Camper Visitor Survey, the findings of which would
be used to assist Council in the management of freedom camping during future
seasons.
9 Surveys
were previously conducted during the 2014 - 2015 and 2018 - 2019 camping
seasons. The 2019 - 2020 was a continuation of these surveys but included
additional questions such as asking the respondents port-of-entry into New
Zealand and their intended next destination, and refinements to improve the
scope and accuracy of collected data.
DISCUSSION
10 A
total of 21,661 freedom camping vehicles were counted during nightly patrols,
down from 26,132 vehicles counted in the season prior. Of these vehicles, 64%
stayed at an unrestricted site (Warrington Domain, Thomas Burns Trial Site or
Ocean View Reserve) and 62% had a self-containment certificate.
11 A
22% increase in camper numbers was observed during the four months from
November 2019 to February 2020 compared with figures from the previous season.
The COVID-19 pandemic is likely responsible for the 35% decrease in campers
during March (compared to March 2019); DCC freedom camping sites were closed
from 25 March 2020 to 13 May 2020 to meet Ministry of Health Level 3 and Level
4 lockdown restrictions. DCC freedom camping sites were reopened when lockdown
was lifted and 500 campers were counted at these sites from 14 May 2020 to 31
May 2020.
12 The
Thomas Burns Street trial site and Warrington Domain were the most popular
freedom camping sites accommodating 55% of all freedom camping vehicles
counted. Overall 11,600 vehicles were counted at these two sites during the
season.
13 February
2020 was the busiest freedom camping month recorded with 6,315 vehicles counted
across Dunedin, being a 16% increase in camper numbers than the busiest month
in previous seasons. Dunedin hosted the Masters Games from February 1 to
February 11, an Elton John concert on February 4, a Queen concert on February
10 and an increased number of New Zealand Motor Camp Association (NZMCA)
members who visited Dunedin following a national event that was held in
Christchurch, all of which contributed to the large volume of campers observed.
14 The
number of infringement notices issued during the 2019 - 2020 season decreased
across all locations. 55% of the total number of infringement notices
were issued along Dunedin’s south coast and 1% issued on the Otago
Peninsula. The Otago Peninsula was the area with the greatest decrease in
infringements compared to previous seasons. The remainder of infringements were
issued at various sites across the city.
15 Fifty
four percent of infringements were issued to vehicles found to be freedom
camping in a restricted area without a valid self-containment certificate.
16 There
was an increase in the number of infringements issued to vehicles found to be
camping longer than the two-night maximum permitted. This was the only
offence in which there was an increase in infringement notices issued.
17 Currently,
63% of freedom camping infringement notices have been paid. Further action is
being taken to recover the outstanding fines. This includes sending of
reminder notices and court issued summonses where required.
18 Freedom
camping on Council land was not permitted during Covid-19 Alert Levels 3 and 4
(25 March – 13 May). Enforcement officers reported that compliance with
the ban on freedom camping during this time was very good with most campers
finding private accommodation to stay in.
19 Results
from the 2019/2020 survey were aligned with those from the 2018/2019 survey and
variations of more than 5% were rare. An exception was the daily expenditure
amount which increased by 73% from $49.60 to $85.94 per person, per day. This
increase is likely due to participants being better informed of the Dunedin
district boundary and reporting expenditure that may have been considered
‘outside Dunedin’ in the previous season.
Freedom Camping Visitors
Survey Summary 2019-2020
20 Freedom
camper visitor surveys were distributed to campers at the Warrington Domain,
Thomas Burns trial site, Ocean View Reserve and Brighton Domain. Community
Rangers remained with participants while surveys were completed to provide
assistance as required. The survey was Dunedin-centric, and the 2019 - 2020
version included a map of the Dunedin district to improve participants
understanding of the area in which questions pertained to.
21 Surveys
were completed by 360 campers, 136 more than during the previous season. Staff
aimed to survey the occupants of at least 400 vehicles as this would provide
data with a 95% confidence level and ±5% margin of error for the
anticipated number of freedom campers staying in Dunedin over the season. The
survey had to be discontinued before this number could be achieved due to
COVID-19 restrictions, resulting in survey data with a 94% confidence level and
plus/minus 5% margin of error.
22 The
inclusion of a map in the survey has likely led to more accurate spending data
being collected during the 2019–2020 season. Findings from the
2018–2019 survey showed that some respondents did not consider sites such
as the Warrington Domain and Ocean View Reserve to be within the Dunedin
district.
23 Results
from the Freedom Camper Visitor Survey indicated the average camper spent
$85.94 per day and a total of $232.04 during their visit to Dunedin. Food and
fuel were the most purchased items with the majority of campers having
purchased these by the time they were surveyed.
24 The
average intended stay in the Dunedin district was 2.7 nights. This was up
slightly on the 2018 – 2019 survey, where the intended stay was 2.4
nights on average. On average, campers had been in the district for 1.6
days at the time they were surveyed.
25 Campers
staying in certified self-contained vehicles spent 52% more per person per day
and stayed 38% longer than those staying in non-self-contained vehicles or
tents.
26 Campers
cited budget as a reason for choosing to freedom camp by 81% of respondents and
free activities and attractions like walking tracks, wildlife viewing, and
beaches were the most common that were visited or planned to visit. The Royal
Albatross Colony was the most popular paid attraction among survey respondents.
27 65%
of campers visited Dunedin primarily to explore the city and its attractions.
Campers cited they were attracted to the Warrington Domain, Ocean View Reserve
and Brighton Domain primarily due to the beauty of these areas. The
Thomas Burns Street trial site was primarily chosen by survey respondents for
its proximity to shops and services.
28 Campers
between 25 and 34 years of age made up 50% of survey respondents. This
demographic intended to stay longer than the average intended stay (2.9 days)
and spent more per person, per day ($119), than the survey average (being 2.7
days intended stay and $86 average spend). This demographic contributed
61% of the total survey respondent expenditure.
29 By
analysing survey findings and data collected during nightly patrols it is
estimated that 22,330 campers stayed in Dunedin and contributed approximately
$3,700,000 to the Dunedin economy during their visit.
Planning for 2020-2021
Freedom Camping season
30 The
Draft Amended Camping Control Bylaw 2015 has been out for public consultation
and the Bylaw Subcommittee will meet on 1 October 2020 to hear those wishing to
talk to their submissions. The proposed amendment includes the Thomas Burns
Street site as a permanent unrestricted freedom camping site under Schedule C
of the Bylaw. Staff will provide Council with a Findings Report at the
conclusion of public consultation.
31 Staff
are preparing for the 2020-2021 freedom camping season. The impact COVID-19
will have on freedom camper numbers is difficult to predict as an increase in
domestic tourist numbers is expected. The DCC will provide the same level of
enforcement, monitoring and site facilities as the 2019-2020 season. If the
Bylaw is amended to include the Thomas Burns Street carpark as a permanent
unrestricted freedom camping site, it is expected this site will be available
for unrestricted camping on 1 November 2020.
32 The
Ministry of Business, Innovation and Employment has provided councils with an
opportunity to apply for Responsible Camping initiatives for the 2020-2021 season.
The DCC has applied for funding for five initiatives: a continuation of the
Department of Conservation/DCC Community Ranger programme, continued support
for increased enforcement patrols, continued support for temporary toilet
provision, handheld infringement devices and continued administrative support
for DCC’s Customer Services Agency.
33 Staff
are recruiting for the 2020-2021 Community Ranger programme. 3 Rangers will be
employed to patrol freedom camping hotspots daily, from 1 November 2020 to 30
April 2021. Rangers will provide Bylaw information and responsible camping
education to freedom campers, as well as monitoring sites for maintenance
issues, gathering camper data, distributing surveys and investigating
complaints
OPTIONS
34 This
report is for noting. There are no options
NEXT
STEPS
35 DCC
staff will continue planning for the beginning of the freedom camping season
2020-2021.
Signatories
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Author:
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Stephen Hogg - Parks and Recreation Planner
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Authoriser:
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John Brenkley - Planning and Partnerships Manager
Scott MacLean - Acting Group Manager Parks and Recreation
Robert West - Acting General Manager City Services
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Attachments
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Title
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Page
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⇩a
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Freedom Camping End of
Season Report 2019/2020
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33
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⇩b
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Freedom Camper Visitor
Survey Summary 2019/2020
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42
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⇩c
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Community Ranger
Summary 2019/2020
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54
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This decision promotes the social,
economic, and environmental well-being of communities in the present and for
the future.
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☒
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☐
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☐
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Economic Development Strategy
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☒
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☐
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☐
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Environment Strategy
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☒
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☐
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☐
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Arts and Culture Strategy
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☐
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☐
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☒
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3 Waters Strategy
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☐
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☐
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☒
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Spatial Plan
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☐
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☐
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☒
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Integrated Transport Strategy
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☐
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☐
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☒
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Parks and Recreation Strategy
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☒
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☐
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☐
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Other strategic projects/policies/plans
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☐
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☐
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☒
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Māori Impact
Statement
There are no known impacts for tangata whenua
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Sustainability
Effective monitoring and management of freedom camping is
necessary to ensure positive outcomes with regard to social and environmental
sustainability.
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LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
The operational costs of managing freedom camping is
currently provided for in the 10-year plan 2018-2028.
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Financial
considerations
There are no financial considerations as this report is
for noting only.
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Significance
The findings within this report are considered low in
terms of the Council’s Significance and Engagement policy.
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Engagement –
external
External engagement was conducted through the freedom
camper visitor survey.
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Engagement -
internal
Parks and Recreation Services engage directly with the
Customer Services Agency, Fleet Services, Communications and Marketing
departments during the freedom camping season.
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Risks: Legal /
Health and Safety etc.
There are no known risks identified
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Conflict of
Interest
There are no known conflict of interest
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Community Boards
Freedom camping sites are located throughout the
city. The Community Boards are provided with monthly freedom camping
reports.
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Council
14 September 2020
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Dunedin City Holdings Limited - Constitution
Department: Dunedin City Holdings Ltd
EXECUTIVE SUMMARY
1 This
report presents an updated Constitution of Dunedin City Holdings Ltd for
Council approval.
2 The
updated Constitution formalises a small number of amendments to maintain
alignment with Dunedin City Council Policy and changes to the Companies Act
1993.
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RECOMMENDATIONS
That the Council:
a) Approves the
updated Constitution of Dunedin City Holdings Limited; and
b) Authorises
signing of the Special Resolution under Seal.
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BACKGROUND
3 Dunedin
City Holdings Limited (DCHL) is a Council Controlled Organisation (CCO) owned wholly
by Dunedin City Council (DCC).
4 DCHL’s
current Constitution was approved by Council in 2016.
5 Updates
to the Constitution have now been drafted to align with:
a) changes
to Dunedin City Council policy regarding the maximum service of DCHL Group
directors;
b) changes
to the Companies Act 1993 regarding Annual Meetings; and
c) other
minor administrative matters.
DISCUSSION
6 A
“tracked changes” copy of the Constitution has been prepared by
legal advisors and is attached to this report (Attachment A).
7 The
rationale for each amendment is as follows:
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Section Reference
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Relating to:
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Rationale for
change
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2.2
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Shareholder of DCHL
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Resolves potential for
conflict between s2.2 and s4.2 in current Constitution
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4.1
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Shares
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The number of DCHL
shares changes relatively often and this figure quickly becomes out of date.
Legal advice confirms this section is not required in the Constitution.
The current number of
DCHL shares is always publicly available on the Companies Office website and
is disclosed in DCHL’s Annual Report.
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8.1-8.2
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Annual Meetings
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The amendments to this
section takes into account the new section 120(5) of the Companies Act 1993.
This provides that an annual meeting is not required if –
a) There
is nothing required to be done; and
b) The
Board has resolved it is in the interests of the company to rely on that
exclusion, having regard to whether there is any issue shareholders should be
given opportunity to discuss or ask questions about.
The amendment does not
preclude DCHL from holding an Annual Meeting.
DCHL does not usually
hold an Annual Meeting, with shareholder approval. This amendment will
therefore reduce annual documentation required.
The DCHL Chair and
General Manager are present and answer questions on Annual Reports at a
public Council meeting each year.
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10.2
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Adding “re-appointed”
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Minor edit for clarity
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10.4
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Changes maximum service of directors from three consecutive terms to
nine years (consecutive or otherwise).
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Aligns with July 2019
change to Dunedin City Council Procedure for Appointment and Remuneration of
Directors of Dunedin City Holdings Ltd
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14 (b)
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Change who to whose
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Minor edit for grammar
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Schedule 1, 6.1
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Update paragraph reference
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Minor edit to correct
paragraph reference
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8 The
Constitutions of DCHL’s subsidiary companies have been similarly updated
and are due for approval by the DCHL Board later this month.
OPTIONS
9 Not
applicable.
NEXT STEPS
10 Council
approved updated Constitution will be signed under seal and take effect. The
updated Constitution will be uploaded to the Companies Office within ten
working days.
Signatories
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Author:
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Jemma Adams - General Manager, Dunedin City Holdings Ltd
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Authoriser:
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Sandy Graham - Acting Chief Executive
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Attachments
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Title
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Page
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⇩a
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Updated Dunedin City
Holdings Limited Constitution ("tracked changes" version)
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59
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⇩b
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Updated Dunedin City
Holdings Limited Constitution ("clean" version)
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76
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⇩c
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Special Resolution
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93
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This decision relates to Council’s
role as shareholders of a Council Controlled Organisation (CCO).
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☐
|
☐
|
☒
|
|
Economic Development Strategy
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☐
|
☐
|
☒
|
|
Environment Strategy
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☐
|
☐
|
☒
|
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Arts and Culture Strategy
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☐
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☐
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☒
|
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3 Waters Strategy
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☐
|
☐
|
☒
|
|
Spatial Plan
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☐
|
☐
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☒
|
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Integrated Transport Strategy
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☐
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☐
|
☒
|
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Parks and Recreation Strategy
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☐
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☐
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☒
|
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Other strategic projects/policies/plans
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☐
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☐
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☒
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There is no contribution to the Strategic Framework.
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Māori Impact
Statement
There are no known impacts for tangata whenua.
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Sustainability
There are no implications for sustainability.
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LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications.
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Financial
considerations
There are no financial implications.
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Significance
This decision is considered low in terms of the
Council’s Significance and Engagement Policy.
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Engagement –
external
Dunedin City Holdings Limited support the updated
Constitution.
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Engagement -
internal
There has been no internal engagement.
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Risks: Legal /
Health and Safety etc.
There are no identified risks. Drafting has been
undertaken by legal advisers.
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Conflict of
Interest
There are no known conflicts of interest.
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Community Boards
There are no implications for Community Boards.
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