Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 29 September 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 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), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), John Christie (Director Enterprise Dunedin), Robert West (Acting General Manager City Services), Graham McKerracher (Manager, Council Communications and Marketing), Jinty MacTavish (Principal Policy Advisor) and Malcolm Anderson (City Marketing Manager)

Governance Support Officer                  Lynne Adamson

1          Opening

Ven. Geshe Dhonye of the Dhargyey Buddhist Centre opened the meeting with a prayer.

2          Public Forum

2.1       Scott Weatherall – Saddle Hill Community Board – Smooth Hill Landfill

The Chair of the Saddle Hill Community Board (Scott Weatherall), addressed the Council on the opposition from the local community and Board for the proposed Smooth Hill Landfill and requested that Council withdraw the resource consent application to the Otago Regional Council for the proposed landfill near Brighton. 

Mr Weatherall requested that Council undertake a two to three year commitment to send waste outside Dunedin city limits and explained that it would enable further investigation on the future of disposal, recycling and reuse of waste and the identification of the most appropriate site for the new landfill.

3          Apologies

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

Accepts the apologies from Crs Carmen Houlahan and Marie Laufiso.

Motion carried

4          Confirmation of agenda
	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

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’s Interests.

Motion carried

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 25 August 2020
	Moved (Mayor Aaron Hawkins/Cr Chris Staynes): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 25 August 2020 as a correct record. Motion carried

6.2       Ordinary Council meeting - 14 September 2020
	Moved (Mayor Aaron Hawkins/Cr Chris Staynes): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 14 September 2020 as a correct record. Motion carried

7          Minutes of Committees

7          Economic Development Committee - 31 August 2020

Moved (Cr Chris Staynes/Cr Andrew Whiley): That the Council: a)     Notes Part A items (6 and 7) and public forum of the minutes of the Economic Development Committee meeting held on 31 August 2020. b)     Approves the following Part B item of the minutes of the Economic Development Committee meeting held on 31 August 2020:   Item 5   Terms of Reference for the Grow Dunedin Partnership.  Motion carried

8          Finance and Council Controlled Organisations Committee - 31 August 2020
	Moved (Cr Mike Lord/Cr Doug Hall): That the Council: Notes the minutes of the Finance and Council Controlled Organisations Committee meeting held on 31 August 2020 Motion carried

9          Audit and Risk Subcommittee - 2 July 2020
	Moved (Cr Mike Lord/Cr Doug Hall): That the Council: a)     Notes the minutes of the Audit and Risk Subcommittee meeting held on 02 July 2020 b)     Takes Part C items of the minutes of the Audit and Risk Subcommittee held on Thursday, 2 July 2020, in the non-public part of the meeting. Motion carried

Reports

10        Council Meeting - 17 September 2020
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Confirms the public part of the minutes of the Council meeting held on 17 September 2020 as a correct record. Motion carried

11        Council Forward Work Programme
	A report from Civic provided the updated forward work programme for the 2020-2021 year.
	Moved (Cr Mike Lord/Cr Rachel Elder): That the Council: Notes the updated Council forward work programme. Motion carried

12        Actions From Resolutions of Council Meetings
	A report from Civic showed progress on implementing resolutions made at Council meetings.
	Moved (Cr Rachel Elder/Cr Chris Staynes): That the Council: Notes the open and completed actions from resolutions of Council meetings. Motion carried

13        Update on the Zero Carbon work programme, and Zero Carbon 2030 Alliance concept
	A report from Civic provided an update on the Dunedin City Council’s (DCC’s) Zero Carbon work programme, relating to climate change mitigation. The Acting General Manager City Services (Robert West) and Principal Policy Advisor (Jinty MacTavish) spoke to the report and responded to questions on the Zero Carbon work programme and 2030 Alliance Concept.
	Moved (Cr Steve Walker/Cr Christine Garey): That the Council: a)     Notes the Zero Carbon work programme update, including the updated emissions profile for Dunedin city b)     Approves in principle the concept of establishing a ‘Zero Carbon 2030 Alliance’ to take a partnership approach to city-wide emissions reduction, with Kāti Huirapa Rūnaka ki Puketeraki, Ōtākou Runaka, Otago Regional Council, Southern District Health Board, University of Otago and Otago Polytechnic to be approached as potential founding members, and c)     Notes that the Terms of Reference would be developed with potential founding members and a final draft reported back to Council. Division The Council voted by division: For:                  Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (12). Against:          Cr Lee Vandervis (1). Abstained:    Nil The division was declared CARRIED by 12 votes to 1 Motion carried (CNL/2020/071)

14        Sustainability framework options
	A report from Civic noted that the Dunedin City Council’s (DCC’s) Strategic Framework was underpinned by the guiding principles of the Treaty of Waitangi and Sustainability. A clearer representation of those guiding principles were being explored as a first step in further development of the Strategic Framework.
	The Acting General Manager City Services (Robert West) and Principal Policy Advisor (Jinty MacTavish) spoke to the report and responded to questions.
	Moved (Cr Steve Walker/Cr Christine Garey): That the Council: a) Considers the sustainability frameworks set out in the report, and b) Approves development of the City Portrait framework for development and adaptation.              Division              The Council voted by division: For:                  Crs Sophie Barker, David Benson-Pope, Christine Garey, Doug Hall, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (9). Against:          Crs Rachel Elder, Jules Radich, Lee Vandervis and Andrew Whiley (4). Abstained:    Nil The division was declared CARRIED by 9 votes to 4 Motion carried (CNL/2020/072)

It was moved Mayor Aaron Hawkins/Cr Chris Staynes

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.11 pm and reconvened at 12.47 pm.

Cr Doug Hall entered the meeting at 12.49 pm.

15        Electric Vehicle Fast Charger - Middlemarch
	A report from Civic sought approval from Council to grant ChargeNet NZ Limited (ChargeNet) a licence to occupy Council-owned land in Middlemarch, to enable the installation, maintenance and operation of an electric vehicle (EV) fast charging station.
	The Acting General Manager City Services (Robert West) and Principal Policy Advisor (Jinty MacTavish) spoke to the report and responded to questions.
	Moved (Cr Lee Vandervis/Cr David Benson-Pope): That the Council: a) Approves granting a licence to occupy for ChargeNet NZ Limited to install, operate and maintain an electric vehicle fast charging station on Council-owned land in Middlemarch. Division The Council voted by division: For:                  Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Lee Vandervis, Steve Walker and Mayor Aaron Hawkins (12). Against:          Cr Andrew Whiley (1). Abstained:    Nil The division was declared CARRIED by 12 votes to 1 Motion carried (CNL/2020/073)

16        Representation Review
	A report from Civic noted that the  Local Electoral Act 2001 (the Act) required local authorities to review its representation arrangements every six years.  The Dunedin City Council had last considered its arrangements in 2015, therefore, it was required to conduct a representation review in 2021.  The report asks Council to determine how it wishes to carry out the review.
	The Acting Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Steve Walker): That the Council: a)     Notes that a Representation Review would be carried out during this triennium. b)     Agrees to establish an independent review panel to conduct a review of the Council’s representation arrangements. Motion carried (CNL/2020/074)

17        Appointment of the Audit and Risk Subcommittee Independent Member
	A report from Civic sought approval to commence the appointment process for a new Independent member of the Audit and Risk Subcommittee.
	The Acting Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Council: a)     Approves the appointment process outlined in the report. b)     Agrees that the appointment panel would consist of the Chairperson and Deputy Chairperson of the Audit and Risk Subcommittee, the Mayor or his nominee, and the Acting Chief Executive Officer/Chief Executive Officer. c)     Notes that the appointment panel would make a recommendation to Council on the appointment of a new Audit and Risk Subcommittee independent member and Chair. Motion carried (CNL/2020/075)

18        DCC submission on the Future of Tourism
	A report from Enterprise Dunedin sought approval of a submission to the Ministry of Business, Innovation and Employment (MBIE) on the Tourism Futures consultation.
	The Director Enterprise Dunedin (John Christie) and City Marketing Manager (Malcolm Anderson) spoke to the report and responded to questions on the submission.
	Moved (Cr Andrew Whiley/Cr Jim O'Malley): That the Council: Approves the draft Dunedin City Council submission to the Ministry of Business, Innovation and Employment on the future of tourism. Motion carried (CNL/2020/076)

19        Draft DCC submission on Building for Climate Change
	A report from Civic sought approval of a submission to the Ministry of Business, Innovation and Employment (MBIE) on the proposals for Building for Climate Change: Transforming operational efficiency and reducing whole-of-life embodied carbon.
	The Acting General Manager City Services (Robert West) and Principal Policy Advisor (Jinty MacTavish) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Christine Garey): That the Council: a)     Approves the draft Dunedin City Council submission to the Ministry of Business, Innovation and Employment on proposals for the Building for Climate Change Programme. Motion carried (CNL/2020/077)

20        Further submissions on Otago Regional Council Omnibus and Water Permits plan changes
	A report from 3 Waters noted that on 7 August 2020 Council had submitted on the Otago Regional Council’s (ORC) Omnibus and Water Permits plan changes.  On 18 September 2020 the Environmental Protection Agency (EPA) notified a summary of submissions received and provided an opportunity for further submissions to be made.  The report sought approval and noted that the submissions would be circulated to Councillors for comment prior to authorisation by the Mayor, before the deadline of 2 October 2020.
	The General Manager Infrastructure Services (Simon Drew) spoke to the report and responded to questions.
	Moved (Cr Rachel Elder/Cr Doug Hall): That the Council: a)     Approves the development of further submissions to the Environmental Protection Authority on Otago Regional Council’s Omnibus Plan Change and Water Permits Plan Change. b)     Authorises the Mayor to approve the further submissions. Motion carried (CNL/2020/078)

21        Elected Member Remuneration for 2020/21
	A report from Civic advised that the Remuneration Authority (the Authority) had issued a determination setting the remuneration for local government elected members for the 2020/21 year.  The report provided notification of the determination.
	The Acting Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Steve Walker): That the Council: a) Notes the Local Government Members (2020/21) Determination 2020/21. Motion carried

22        Regulatory Subcommittee Appointment
	A report from Civic requested that the hearings panels for the Trade Waste Bylaw and Stormwater Quality Bylaw hearings be merged.
	The Acting Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Lee Vandervis/Cr Steve Walker): That the Council: a)     Revokes the previous decision made on 30 June 2020 establishing the Trade Waste Bylaw Hearings Panel and the Stormwater Quality Bylaw Hearings Panel. b)     Appoints Councillors Andrew Whiley (Chair) Sophie Barker, Carmen Houlahan and Jules Radich to a Hearings Panel of the Regulatory Subcommittee to hear submissions, consider changes and make recommendations to the Council on the Trade Waste Bylaw and the proposed Stormwater Quality Bylaw.  Motion carried (CNL/2020/079)

Resolution to exclude the public

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:

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 - 25 August 2020 - Public Excluded	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). S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S6(a) The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.	.
C2  Ordinary Council meeting - 14 September 2020 - Public Excluded	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)(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).	.
C3  Audit and Risk Subcommittee - 2 July 2020 - Public Excluded	S6(b) The making available of the information would be likely to endanger the safety of a person.S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	.
C4  Confidential Council Forward 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.
C5  Confidential Council Actions from Resolutions at Council Meetings	S6(a) The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.	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 6.

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.

The meeting moved into confidential at 1.39 pm and concluded at 2.15 pm.

..............................................

MAYOR