Agenda of Council - 24 00 2020

Notice of Meeting:

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

Date: Tuesday 24 November 2020

Time: 10.00 am

Venue: Council Chamber, Municipal Chambers, The Octagon, Dunedin

Sandy Graham

Chief Executive Officer

Council

PUBLIC AGENDA

MEMBERSHIP

Mayor	Mayor Aaron Hawkins
Deputy Mayor	Cr Christine Garey
Members	Cr Sophie Barker	Cr David Benson-Pope
	Cr Rachel Elder	Cr Doug Hall
	Cr Carmen Houlahan	Cr Marie Laufiso
	Cr Mike Lord	Cr Jim O'Malley
	Cr Jules Radich	Cr Chris Staynes
	Cr Lee Vandervis	Cr Steve Walker
	Cr Andrew Whiley

Senior Officer Sandy Graham, Chief Executive Officer

Governance Support Officer Lynne Adamson

Lynne Adamson

Governance Support Officer

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

Council

24 November 2020

ITEM TABLE OF CONTENTS PAGE

1 Opening 4

2 Public Forum 4

2.1 Public Forum - Muslim Prayer Room 4

3 Apologies 4

4 Confirmation of Agenda 4

5 Declaration of Interest 5

6 Confirmation of Minutes 19

6.1 Ordinary Council meeting - 27 October 2020 19

6.2 Ordinary Council meeting - 10 November 2020 20

Reports

7 Council Forward Work Programme 21

8 Actions From Resolutions of Council Meetings 35

9 DCC Submission on a Preliminary view of 2023 Census content 43

10 DCC Submission on 'Our Water Our Vision' 57

11 DCC Submission On a Partial Review of the Otago Conservation Management Strategy (CMS) 75

12 DCC Submission on Reducing the impact of plastic on our environment 105

13 Meeting Schedule for 2021 105

14 New Zealand Masters Games CCO Exemption 105

Resolution to Exclude the Public 105

Council

24 November 2020

DCC Submission on a Preliminary view of 2023 Census content

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to Stats NZ Tatauranga Aotearoa (“Stats NZ’) on a Preliminary view of 2023 Census content and various proposed quality improvements.

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council submission to Stats NZ.

BACKGROUND

2 Stats NZ is currently consulting on the content of the 2023 Census. The consultation document can be accessed via this link: https://www.stats.govt.nz/consultations/preliminary-view-of-2023-census-content-for-feedback.

3 Census data is critical for long term infrastructure planning and monitoring progress on the Dunedin’s economic, social, cultural and environmental wellbeing. Submissions are due to Stats NZ by 25 November 2020.

4 The Stats NZ consultation has two goals:

a) To give Census users an early indication of the direction and scope of the information Stats NZ intends to collect, along with any constraints on additional content changes; and

b) To promote discussion and feedback on proposed quality improvements.

DISCUSSION

5 The DCC submission supports the new and existing content proposed by Stats NZ and notes the importance of Stats NZ Census data to the DCC’s work. Some of the key topics supported by DCC in the submission are:

· reintroduction of the question asking the number of individual forms being completed for a single dwelling;

· introduction of dwelling age and floor area questions, if this information can be measured accurately;

· continuation of the dampness and mould indicator questions;

· improving the quality and quantity of Māori specific census data; and

· any other changes that enhance the quality of Census data.

OPTIONS

Option One (Recommended Option) – Approve the submission

6 Approve the DCC submission on a Preliminary view of 2023 Census content, with any required amendments or additions.

Advantages

· Enables the DCC to support proposed content improvements for the 2023 Census.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not submit

7 Do not approve the DCC submission on a Preliminary view of 2023 Census content.

Advantages

· There are no identified advantages for this option.

Disadvantages

· No opportunity to advocate for a Dunedin perspective on 2023 Census content.

NEXT STEPS

8 If the Council approves the draft submission it will be sent to Stats NZ for consideration by 25 November 2020.

Signatories

Author:

Hoani Yates - Policy Advisor

Authoriser:

Suzie Ballantyne - Policy Manager

Nicola Pinfold - Group Manager Community and Planning

Robert West - Acting General Manager City Services

Attachments

Title

Page

⇩a

Draft DCC StatsNZ 2023 Census submission

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities, and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

Fit with strategic framework

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

The Census provides information that supports the DCC to develop and monitor its plans and strategies.

Māori Impact Statement

The draft submission supports improvements in Census data collection for Māori.

Sustainability

There are no direct implications for sustainability, although Census data supports DCC’s monitoring of environmental and sustainability goals.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The availability of Census data supports the development of LTP/Annual Plan and Financial Strategy.

Financial considerations

There are no financial implications.

Significance

This report has been assessed as being of low significance in terms of Council’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

Input to this submission was provided by Corporate Policy, Transportation, Parks and Recreation, City Planning and the Events and Community Development team.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no identified conflicts of interest.

Community Boards

There are no particular implications for Community Boards.

Council

24 November 2020

DCC Submission on 'Our Water Our Vision'

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to Otago Regional Council (ORC) on their vision for the future of Otago’s lakes, rivers, streams, groundwater and wetlands, ‘Our Water Our Vision’.

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council submission to the Otago Regional Council on ‘Our Water Our Vision’.

BACKGROUND

2 The Otago Regional Council (ORC) is currently seeking feedback on its vision for the future of Otago’s lakes, rivers, streams, groundwater and wetlands. Submissions are due by 27 November 2020.

3 The ORC is developing long term freshwater visions for areas of Otago called Freshwater Management Units (or FMUs), and is seeking feedback from Otago communities, stakeholders and mana whenua on a range of questions that will help guide this development. The Otago region has five FMUs which are further divided into five rohe (areas).

DISCUSSION

4 The DCC submission acknowledges the importance of developing a cohesive and informed guide for the future of our waterways, noting the impact it will have on long-term planning for the Otago region.

5 The DCC submission highlights a number of considerations for the FMUs. Some of the key recommendations from the DCC submission are as follows:

· reviewing the boundaries of the existing FMUs to ensure they are set at an appropriate scale (i.e. small enough) for effectively managing water and setting freshwater objectives and limits;

· water is effectively managed in a way to ensure there is an adequate quantity of water to provide for the health of the waterbody and supply is available for community needs to enable social, economic, environmental and cultural wellbeing;

· the integration of the National Policy Statement for Freshwater Management (NPS-FM) and National Environmental Standards for Freshwater (NES-F) as soon as possible in the FMU framework and elsewhere such as the Regional Policy Statement;

· more effective communication with the public about water quality (with regards to swimming);

· a focus on outcomes that support water saving technologies and reuse across the commercial and industrial spectrum. Climate change will make freshwater a valuable commodity, and this should be recognised in future decision making.

OPTIONS

Option One (Recommended Option) – Approve the submission

6 Approve the DCC submission to the ORC on ‘Our Water Our Vision’, with any required amendments or additions.

Advantages

· Enables the DCC to continue to be actively be involved in the long-term planning for Dunedin City and its water resources.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not approve the submission

7 Do not approve the DCC submission to the ORC on Our Water Our Vision.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to actively advocate for Dunedin’s vision and goals for the future of the waterways in Otago.

NEXT STEPS

8 If Council approves the draft submission it will be sent to the ORC for consideration.

Signatories

Author:

Junichi Sugishita - Policy Anlayst

Authoriser:

Suzie Ballantyne - Policy Manager

Nicola Pinfold - Group Manager Community and Planning

Robert West - Acting General Manager City Services

Attachments

	Title	Page
⇩a	Draft DCC Submission on ORC's vision document 'Our Water Our Vision'	62

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This submission promotes the social, economic and environmental well-being of communities in the present and for the future.

This proposal 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	☒	☐	☐

This submission has been developed in line with the goals and objectives of the strategic framework. This submission contributes to DCC’s long-term strategic planning.

Māori Impact Statement

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

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

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

Financial considerations

There are no direct financial impacts on the DCC from a decision to approve the draft DCC submission.

Significance

This report is considered to be of low significance in terms of the DCC’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement on this submission.

Engagement - internal

Staff from City Development, Corporate Policy, 3 Waters, Enterprise Dunedin, and Parks and Recreation have contributed to the development of this submission.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The DCC submission may be of interest to Community Boards.

Council

24 November 2020

DCC Submission On a Partial Review of the Otago Conservation Management Strategy (CMS)

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 The Department of Conservation (DOC) is seeking feedback on a partial review of the Otago Conservation Management Strategy (CMS) at Attachment A, to allow for new cycle tracks and trails to be considered along with a review of relevant CMS mountain biking policies.

2 Parks and Recreation Services, in collaboration with Council’s Transportation group and the 3 Waters group, has reviewed the document particularly where it relates to the Dunedin City locality and has written a submission, at Attachment B, to provide feedback on the proposals.

3 The draft partial review of the CMS proposes two significant changes. The first is a definition of electric power assisted pedal cycles (e-Bikes). The second is the identification of parcels of public conservation lands and waters proposed by DOC, for possible tracks and trails for mountain bike and e-bike use.

4 There are no conflicts between the Draft Partial Review of the CMS and the Parks and Recreation Strategy 2017-2027, the current DCC Track Policy or the Integrated Transport Strategy 2013 and therefore the DCC submission supports the Draft Partial Review of the CMS.

RECOMMENDATIONS

That the Council:

a) Approves the DCC draft submission with or without amendment on the partial review of the Otago Conservation Management Strategy (CMS)

BACKGROUND

5 A Conservation Management Strategy (CMS) is a legal document that sets out what can or cannot be done on the public conservation lands and waters that it covers. It is used for the integrated management of natural, historic, cultural, and recreational values, including species in a region on behalf of New Zealanders. The Otago CMS applies to all public conservation lands and water in the Otago region, and provides guidance for managing conservation values outside of these areas.

6 In May 2020 DOC invited those interested in cycle tracks and trails and mountain biking to put forward trail proposals for public conservation lands and waters in Otago. The opportunity to send in a proposal closed on 29 May 2020.

7 DOC received 115 proposals from 22 proponents. DOC’s District offices added parcels with existing cycle tracks and trails that came to DOC via tenure review or were missed when the CMS was reviewed in 2016. In total close to 350 parcels of public conservation lands and waters are affected.

8 DOC has been undertaking a partial review of the Otago CMS to allow for new cycle tracks and trails to be considered and has reviewed relevant CMS mountain biking policies. Essentially there is a two-stage approach to being able to consider cycle tracks and trails:

· The first stage is inclusion of the relevant parcel of public conservation lands and waters in the Otago CMS, by way of partial review. The DCC submission relates to this stage.

· The second stage is the consideration of the proposed cycle trail and assessment of effects and consultation. This stage is still being worked on by DOC and will be subject to a separate consultation process.

9 The draft Otago CMS partial review was publicly notified on 23 October 2020 inviting submissions on its proposals. Submissions close 4.00 pm on Monday 21 December 2020.

DISCUSSION

10 The draft partial review of the CMS has been reviewed alongside the Parks and Recreation Strategy 2017- 2027, the current DCC Track Policy and the Integrated Transport Strategy 2013. No conflicts have been identified between these documents, the DCC submission supports the draft partial review of the CMS.

OPTIONS

Option One – Recommended Option

11 Approve the submission (with or without amendment) to the Department of Conservation on the partial review of the Otago Conservation Management Strategy.

Advantages

· The submission will provide feedback to DOC that DCC is in support of the partial review of the Otago Conservation Management Strategy.

Disadvantages

· There are no disadvantages.

Option Two

12 Not make a submission to the Department of Conservation on the partial review of the Otago Conservation Management Strategy.

Advantages

· There are no advantages identified.

Disadvantages

· DOC will not receive DCC feedback on the partial review of the Otago Conservation Management Strategy.

NEXT STEPS

13 If the Council approves the submission it will be sent to the Department of Conservation for its consideration.

Signatories

Author:

John Brenkley - Planning and Partnerships Manager

Authoriser:

Scott MacLean - Acting Group Manager Parks and Recreation

Robert West - Acting General Manager City Services

Attachments

	Title	Page
⇩a	Otago Conservation Strategy 2016 Partial Review 2020	79
⇩b	DCC Submission CMS 2016 Partial Review 2020	105

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 CMS 2016 Partial Review 2020 supports the strategies noted above.

Māori Impact Statement

The draft Otago CMS partial review has been developed in consultation with Treaty partners, Ngāi Tahu and the Otago Conservation Board.

Sustainability

All new cycle trail proposals and affected parcels of public conservation lands and waters are assessed against sustainability criteria.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications

Financial considerations

There are no known implications

Significance

Engagement – external

This submission is a response to the DOC request for feedback on their CMS partial review.

Engagement - internal

Parks and Recreation, Transportation and 3 Waters considerations are included in the submission

Risks: Legal / Health and Safety etc.

There are no identified risks. The proposals all relate to DOC land.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There will be parcels of DOC land affected by the CMS partial review in some of the Community Board areas.

Council

24 November 2020

DCC Submission on Reducing the impact of plastic on our environment

Department: Waste and Environmental Solutions

EXECUTIVE SUMMARY

1 This report seeks approval to support the Waste Management Institute of New Zealand (WasteMINZ) Territorial Authorities Officers (TAO) Forum submission (Attachment A) on ‘Reducing the impact of plastic on our environment – moving away from hard-to-recycle and single-use items’, to the Ministry for the Environment (MfE).

2 This MfE consultation document seeks feedback on two proposals related to plastic design, use, and disposal:

a) Proposal 1: A phase-out of:

i) some polyvinyl chloride (PVC) and polystyrene (PS) packaging

ii) all oxo-degradable plastic products.

b) Proposal 2: A phase-out of some single-use plastic items.

RECOMMENDATIONS

That the Council:

a) Approves DCC endorsement of the Waste Management Institute of New Zealand Territorial Authorities Officers Forum submission to the Ministry for the Environment on proposals for Reducing the impact of plastic on our environment.

BACKGROUND

3 The MfE consultation document (Attachment B) was published on 12 August 2020 seeking feedback on proposals for reducing the impact of plastic in our environment by 5 pm on 4 December 2020.

4 MfE has presented two proposals related to plastic design, use, and disposal which include;

· Stage 1 – by January 2023: Phase out all PVC food and beverage packaging, some PS food and beverage packaging and all oxo-degradable plastic products.

· Stage 2 – by January 2025: Phase out all PS food and beverage packaging not captured by stage 1, and all other expanded polystyrene (EPS) packaging.

DISCUSSION

5 WasteMINZ is the largest representative body of the waste and resource recovery sector in New Zealand. Formed in 1989 it is a membership-based organisation with over 1,000 members from small operators through to Councils and large companies.

6 The TAO Forum is a WasteMINZ sector group. The vision of the forum is to facilitate a clear and cohesive voice for the local government sector in relation to waste issues in order to influence and shape the future direction of the waste industry.

7 The DCC Waste and Environmental Solutions (W&ES) team co-ordinated with Waste Minimisation Officers throughout Southland and Otago to provide input on the MfE consultation ‘Reducing the impact of plastic on our environment’ via the WasteMINZ TAO Forum via Zoom Conference and e-mail, facilitated by Queenstown Lakes District Council.

8 The attached submission was drafted by the WasteMINZ TAO Forum on behalf of Territorial Authorities and received feedback from industry representatives including Councils, community recyclers, commercial operators, and includes technical information from the packaging sector.

9 The TAO Forum submission recognises that a mandatory phase-out would require businesses and individuals to transition to alternative products and packaging, and acknowledges the affected parties identified by MfE.

10 The range of options considered by MfE and the Government’s proposal of a mandatory phase-out on the sale and manufacture of polyvinyl chloride (PVC) and polystyrene (PS) plastic packaging will contribute to the long-term shift toward a more circular economy. It will contribute to plastics packaging materials being made of higher value materials that are easier to recycle.

11 The potential benefits identified in the consultation document include the potential for reduced waste costs to local government due to promoting behaviour change, waste reduction, and reducing contamination of recycling.

12 The Government’s long-term goal to move away from hard-to-recycle and single-use plastic items is likely to help to clean up our towns, cities, beaches, moana, and whenua.

OPTIONS

Option One (Recommended Option) – Endorse the draft submission by the WasteMINZ TAO Forum on the Ministry for the Environment proposals for Reducing the Impact of Plastic on Our Environment.

13 It is recommended that Council endorses the WasteMINZ TAO Forum submission on the proposals for Reducing the Impact of Plastic in Our Environment, to MfE.

Advantages

· Enables the DCC to continue the conversation with central government to work with local government as a partner in support of efforts towards achieving a zero-waste society, inclusive of a circular economy.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not Endorse the Draft WasteMINZ TAO Forum Submission on the Ministry for the Environment proposals for Reducing the Impact of Plastic in Our Environment.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity for the DCC to continue the conversation with central government to work with local government towards achieving a zero-waste society, inclusive of a circular economy.

NEXT STEPS

15 If the Council endorses the WasteMINZ submission it will be sent to the Ministry for the Environment for consideration by 4 December 2020, with a cover letter of support from the Mayor.

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	TAO Forum submission consultation on single use plastics final	105
⇩b	MfE Consultation document - Reducing the Impact of Plastic	105

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.

Fit with strategic framework

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

This submission is in line with the goals and objectives within the strategic framework above, and Council’s Waste Minimisation and Management Plan.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The phase-out of single-use and hard to recycle plastics is necessary to ensure positive outcomes with regards to social and environmental sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications.

Financial considerations

There are no financial considerations.

Significance

The proposal to endorse this submission is considered of low interest in terms of Council’s Significance and Engagement Policy.

Engagement – external

External engagement was conducted with industry representatives including Councils, community recyclers, and commercial operators for this submission.

Engagement - internal

Corporate Policy and Waste and Environmental Solutions, Council representatives from Southland and Otago Waste Network (SOWN) were engaged for input into this submission.

Risks: Legal / Health and Safety etc.

There are no known risks identified

Conflict of Interest

There is no known conflict of interest

Community Boards

There are no know impacts on Community Boards.

Council

24 November 2020

Meeting Schedule for 2021

Department: Civic

EXECUTIVE SUMMARY

1 The purpose of this report is to seek the adoption of a meeting schedule for 2021, in accordance with Clause 19(6)(a) of Schedule 7 of the Local Government Act 2002.

2 The proposed meeting schedule, appended as Attachment A, covers the period from January 2021 through to 31 December 2021.

RECOMMENDATIONS

That the Council:

a) Approves the proposed meeting schedule for 2021 as appended to the report or advises alternate meeting dates.

b) Notes that the Community Boards will confirm their own meeting dates at their next meetings.

BACKGROUND

3 The Council has traditionally adopted a schedule of meetings for the year ahead to provide some certainty in programming work and reporting.

4 The proposed schedule is similar to the 2020 year. Public holidays have been considered in setting the schedule, and additional meetings will be provided for as required.

5 Following consultation with elected members Council meetings will commence at 10.00 am as they did for the majority of 2020. Council meetings following a public holiday will be held on a Wednesday instead of a Tuesday. Committees will continue to meet at 1pm and workshops will be planned to be held as needed, generally on mornings prior to a committee meeting.

6 On the information currently available, important dates in the Council's programme of business are:

· 10 Year Plan: Council is to consider the development of the draft 10 Year Plan on 27 to 29 January and consider the document for consultation on 2 March 2021.

· Statements of Intent: Council Controlled Companies’ Statements of Intent are expected to be considered by Council on 29 June 2021.

· Annual Reports for Council Controlled Companies are scheduled for adoption at the Council meeting of 28 September 2021.

· Annual Report for Council is scheduled for consideration at the Council meeting of 26 October 2021.

· Variation 2 of the 2GP will be considered early in 2021.

7 Committees and subcommittees not referred to within this schedule will be scheduled on an "as required" basis.

8 As this report is for administrative purposes only, options and the summary of considerations are not required.

Signatories

Author:	Clare Sullivan - Team Leader Civic
Authoriser:	Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇩a	2021 Proposed Meeting Schedule	105

Council

24 November 2020

New Zealand Masters Games CCO Exemption

Department: Community and Planning

EXECUTIVE SUMMARY

1 The Dunedin (New Zealand) Masters Games Trust (the Trust) seeks a continuation of exemption status from being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002 (the LGA).

2 The LGA requires that an exemption must be granted by resolution and that the Council must review an exemption within three years after it was first granted, and thereafter every three years. Council last granted the Trust’s continued exemption from being a CCO in accordance with s7(3) of the LGA on 31 October 2017.

3 Exemption has been granted by Council in the past on the basis that the Trust is a small organisation with a charitable intent. The Trust Deed ensures that the Trust meets the accountability standards expected of a CCO.

RECOMMENDATIONS

That the Council:

a) Approves the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002.

BACKGROUND

4 The Dunedin City Council established the Dunedin (New Zealand) Masters Games Trust in 2007 to manage the planning and delivery of the biennial New Zealand Masters Games, and to ensure the Masters Games meet their charitable intent.

5 Section 7 of the LGA enables an organisation to be exempt from CCO status if it is a small organisation and the Council has considered:

a) The nature and scope of the activities provided by the Trust; and

b) The costs and benefits, if the exemption is granted, to the Dunedin City Council, the Trust and the community.

6 The LGA decision-making provisions will apply when Council considers whether to exempt the Trust. The cost benefit analysis required by Section 7, to exempt an organisation, is similar but in addition to the requirements on local authorities in relation to the decision-making process at section 77 of the Act.

7 Council is required to consider known community views and any impact on community outcomes in addition to the cost benefit considerations of section 7.

DISCUSSION

8 When the Trust was established in 2007 the requirements relating to exemption were overlooked and no resolution exempting the Trust was passed. An exemption was sought and approved by Council on 10 August 2011, based on the factors outlined below:

a) The Nature and Scope of the activities provided by the CCO

i) The Dunedin (New Zealand) Masters Games Trust currently comprises seven Board members. No staff are employed by the Trust. The Dunedin City Council employs the Games Manager and additional staff. The Games has a biennial budget of $780,000.

ii) The Trust organises, coordinates, markets, manages and stages on a biennial basis the Dunedin Masters Games within an agreed revenue and expenditure budget. The Trust was established with the intent that it be charitable and is registered as a Charitable Trust.

iii) The Trust’s purposes state that its activities shall be carried out in Dunedin, or to the benefit of the people of Dunedin. The Trustees may authorise the Trust to carry out activities outside Dunedin to promote the Games, but only if they believe that such activities will be for the ultimate benefit of the Dunedin Games.

iv) The Trust works with and has a successful relationship with over 60 community sporting agencies within the Dunedin region.

b) The Costs and Benefits of granting the exemption to Council, the CCO and the Community

i) A key benefit in exempting the Trust is that costs incurred to the Trust reverting to CCO status will be avoided. There are no identified costs to the community, or any negative impact on community outcomes from exempting the Trust

9 The principles, purposes, size and operation of the Trust have not changed since the Trust’s establishment in 2011. Accordingly, the grounds on which the initial decision to exempt the Trust from CCO status was made in 2011 remain relevant to the consideration to continue the exemption status of the Trust.

10 Part 5 and schedule 8 of the LGA set out the many financial reporting requirements for a CCO. The requirements will not apply to the Trust if the Council resolves to continue to exempt the Trust from being a CCO. The Trust Deed however does require the Trust to complete a Statement of Intent, irrespective of whether the Trust is a CCO.

11 The Trust will remain a Council Organisation should exemption from CCO status continue. A Council Organisation is defined in s6 of the LGA and includes amongst other things an entity where Council has the right, either directly or indirectly, to appoint one or more of the trustees, directors or managers. A Council Organisation remains subject to the provisions of the LGA.

12 Section six of the Act sets out the relevant provisions that will apply to the Trust as a Council Organisation. These are:

a) The appointment of Directors/trustees of the Trust must be consistent with the Council’s appointment policy; which provides for, objective and transparent appointments, renumeration and requires that the appointee must have the skills, knowledge or experience to guide the organisation and contribute to its objectives. (s57);

b) The Trust must undergo regular performance monitoring by Council of the Trust’s (as the Council Organisation) objectives against the overall aims and outcomes of the Council. (s65(1);

13 As a Public Entity for the purposes of the Public Audit Act (2001), the Trust must be audited by the Office of the Auditor General.

OPTIONS

Option One – Recommended Option

14 The Council approves the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002.

Advantages

· CCO exempt status is appropriate given the nature and scale of the Trust, and the scope of the activities the Trust provides.

· Probity will be ensured as the Trust will comply with the CCO and exempted CCO sections of the LGA.

· There are no known costs to Council.

· There is no requirement on the Trust to produce an audited Statement of Service Performance. (Noting that it will continue to have an annual Audit undertaken).

Disadvantages

· There are no identified disadvantages to Council.

Option Two

15 The Council does not approve the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002. An audited Statement of Service Performance would be produced by the Trust as part of the Annual Report.

Advantages

· There are no identified advantages

Disadvantages

· There will be costs to the Trust in meeting additional reporting requirements.

· Timing of auditing requirements would adversely impact operational activities of the Trust during the biennial Games year. The Games launch occurs in mid-August. Section 67 of the Local Government Act requires that “Within three months after the end of each financial year, the board of a CCO must deliver to the shareholders, and make available to the public, a report on the organisation’s operations during that year.”

NEXT STEPS

16 The Trust will be notified of Council’s decision.

17 The Trust will continue to plan and organise for the biennial Dunedin Masters Games as delegated by the Dunedin City Council and will continue to meet the reporting requirements as set out in the Local Government Act 2002.

Signatories

Author:

Vicki Kestila - Master Games Manager

Joy Lanini - Manager Community Development and Events

Authoriser:

Nicola Pinfold - Group Manager Community and Planning

Robert West - Acting General Manager City Services

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities, and this decision promotes the social well-being and economic well-being of communities in the present and for the future.

Fit with strategic framework

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

The New Zealand Masters Games contributes to three of the Council's defined strategies and the vision Dunedin is one of the world’s great small cities. It also fits within the outcomes of the Festivals and Events Plan 2018 – 2023.

Māori Impact Statement

There is no known impact on Māori.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The funding for Masters Games is included within the 10 Year Plan and Annual Plan.

Financial considerations

Under a service level agreement with the Trust (2019-2021) the Dunedin City Council as owner of the Dunedin Masters Games franchise has agreed to underwrite the Games upon a written request and provision of required financial information from the Trust.

There will be some financial costs to the Trust in meeting additional reporting requirements if Council were to support Option 2. The Dunedin (New Zealand) Masters Games Trust has the franchise rights to host the biennial New Zealand Masters Game until the end of 2036.

Significance

The decision in this report is assessed as low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There have been discussions with the Trust.

Engagement - internal

Council legal team advice has been sought in the preparation of this report

Risks: Legal / Health and Safety etc.

If the exemption is not approved, the Trust will be legally required to comply with all the statutory obligations of a CCO. The costs and resources required to meet these statutory requirements outweigh the nature and scope of Trust and would divert limited resourcing away from the Trusts’ core activities.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

24 November 2020

Resolution to Exclude the Public

That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Confirmation of the Confidential Minutes of Ordinary Council meeting - 27 October 2020 - Public Excluded	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. 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. 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).	.
C2 Confirmation of the Confidential Minutes of Ordinary Council meeting - 10 November 2020 - Public Excluded	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	.
C3 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.
C4 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.
C5 South Dunedin Library and Community Complex	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. 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.
C6 Appointment - external organisation	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.

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.

	Title	Page
⇨a	Minutes of Ordinary Council meeting held on 27 October 2020 (Under Separate Cover 1)

Author:	Sharon Bodeker - Corporate Planner
Authoriser:	Sandy Graham - Chief Executive Officer

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Clare Sullivan - Team Leader Civic