Agenda of Council - 23 00 2021

Council

23 February 2021

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin on Wednesday 27, Thursday 28 and Friday 29 January 2021, commencing at 9.00 a.m.

PRESENT

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

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Simon Drew (General Manager Infrastructure Services), Simon Pickford (General Manager Community Services), Robert West (Acting General Manager City Services), John Christie (Director Enterprise Dunedin), Gavin Logie (Acting General Manager Finance(, Graham McKerracher (Manager, Council Communications and Marketing), Sharon Bodeker (Corporate Planner), Clare Sullivan (Team Leader Civic), Carolyn Allan (Senior Management Accountant), Jeanine Benson (Group Manager Transport), Nicola Pinfold (Group Manager Community and Planning), Jeanette Wikaira (Kaiwhakaherehere), Chris Henderson (Group Manager – Waste Management Solutions), Scott MacLean (Acting Group Manager Parks and Reserves), Tom Dyer, Group Manager 3 Waters), David Bainbridge-Zafar (Group Manager Property), Paul Henderson (Acting Group Manager Compliance and Regulatory), Nick Dixon (Group Manager Ara Toi), Graeme Riley (Chief Information Officer), Mark McConville (Financial Analyst – Finance), Anna Johnson (City Development Manager), Nathan Stoker (Policy Planner, Urban Development Capacity Planning – City Development)

Governance Support Officers Lauren McDonald and Wendy Collard

1 welcome

Mayor Aaron Hawkins opened the meeting and welcomed attendees.

2 Apologies

There were no apologies.

3 Confirmation of agenda

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

Confirms the agenda without addition or alteration.

Motion carried (CNL/2021/001)

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.

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council:

a) Notes the Elected Members' Interest Register

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 (CNL/2021/002)

5 Confirmation of Minutes

5.1 Ordinary Council meeting - 14 December 2020

Moved (Mayor Aaron Hawkins/Cr Steve Walker):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 14 December 2020 as a correct record.

Motion carried (CNL/2021/003)

5.2 Ordinary Council meeting - 8 December 2020

Moved (Mayor Aaron Hawkins/Cr Steve Walker):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 08 December 2020 as a correct record.

Motion carried (CNL/2021/004)

Reports

6 10 Year Plan 2021-31 Overview Report

A report from the Executive Leadership Team and Finance provided an overview of the draft budgets and what would be included in the draft 10 year plan entitled “The future of us”. It noted that the draft 10 year plan 2021-2031 (the 10 year plan) sets the direction for the Dunedin City Council (DCC) for the next 10 years.

The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

a) Adopts the draft 10 Year Plan 2021-31 forecast financial statements for the purposes of developing the 10 Year Plan 2021-31 and engaging with the community.

b) Notes that any resolution made in this meeting related to 10 year plan reports may be subject to further discussions and decision by the meeting.

Motion carried (CNL/2021/005) with Cr Vandervis recording his vote against.

7 Financial Strategy

A report from Corporate Policy provided a copy of the Financial Strategy. The report noted that it provided a guide for considering proposals for funding and expenditure, and it made transparent the overall effects of proposals on services, rates, debt and investments.

The report sought Council approval of the draft Financial Strategy for the purpose of public consultation for the 10 year plan 2021-31.

The Acting General Manager Finance (Gavin Logie) and the Chief Executive (Sandy Graham) spoke to the report and responded to questions.

Moved (Cr Jim O'Malley/Cr Marie Laufiso):

That the Council:

a) Approves the draft Financial Strategy for consultation as part of the 10 year plan 2021-31.

Motion carried (CNL/2021/006) with Cr Vandervis recording his vote against.

8 Infrastructure Strategy
	A report from Transport and 3 Waters sought approval for the draft Infrastructure Strategy for the purpose of public consultation for the 10 year plan 2021-31. The General Manager Infrastructure Services (Simon Drew) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Christine Garey): That the Council: a) Approves the draft Infrastructure Strategy for consultation purposes as part of the 10 year plan 2021-31. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2021/007)
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried The meeting adjourned at 10:48 a.m. and resumed at 11:02 a.m.

9 Significant forecasting assumptions and community outcome indicators
	A report from Community and Planning sought approval of the significant forecasting assumptions and the community outcome indicators, which measured progress on the community outcomes, for inclusion in the 10 year plan. The Chief Executive Officer (Sandy Graham), Acting General Manager City Services (Robert West), Acting General Manager Finance (Gavin Logie), Group Manager Community and Planning (Nicola Pinfold) and Suzie Ballantyne (Corporate Policy Manager) spoke to the report and responded to questions.
	Cr Doug Hall left the meeting at 11:30 a.m. Cr Doug Hall returned to the meeting at 11:45 a.m.
	Moved (Cr Rachel Elder/Cr Steve Walker): That the Council: a) Approves the significant forecasting assumptions and the community outcomes indicators, for inclusion in the 10 year plan. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (13). Against: Crs Jules Radich and Lee Vandervis (2). Abstained: Nil The division was declared CARRIED by 13 votes to 2 Motion carried (CNL/2021/008)

10 10 Year Plan 2021-31 Proposed Levels of Service
	A report from Corporate Policy provided a copy of the statement of the intended Levels of Service (LOS) for each group of activities undertaken by Council. The report sought approval for proposed LOS statements for each group of activities, for inclusion in the draft 10 Year Plan 2021-31 (draft plan). The Acting General Manager, City Services (Robert West) spoke to the report and responded to questions.
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried The meeting adjourned at 12:11 p.m. and resumed at 12:20 p.m.
	Moved (Mayor Aaron Hawkins/Cr Sophie Barker): That the Council: a) Asks that revised Levels of Service statements, measures and targets be reported to the 23 February 2021 Council meeting. Motion carried (CNL/2021/009)
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried
	The meeting adjourned at 12:21 p.m. and resumed at 1:02 p.m.

11 Residents' Opinion Survey 2019/20 results

A report from Community and Planning provided a summary of the annual results of the 2019/20 Residents’ Opinion Survey (ROS).

The Acting General Manager, City Services (Robert West) and the Corporate Policy Manager (Suzie Ballantyne) spoke to the report and responded to questions.

Moved (Cr Chris Staynes/Cr Jules Radich):

That the Council:

a) Notes the annual results of the 2019/20 Residents’ Opinion Survey.

Motion carried (CNL/2021/010)

12 Climate 2030 Rapid Review, and DCC emissions reduction opportunities
	A report from Civic presented the findings of the Climate 2030 Rapid Review, and work to date on the update of the Dunedin City Council’s (DCC’s) Emissions Reduction Plan. The report also included an update on how climate change adaptation considerations raised in the Rapid Review are being incorporated into 10 year plan budgets. The Acting General Manager City Services (Robert West) and the Principal Policy Advisor (Jinty McTavish) spoke to the report and responded to questions. Cr Andrew Whiley left the meeting at 2:44 p.m. and returned at 2:46 p.m.
	Moved that the Council (Mayor Aaron Hawkins/Cr Steve Walker): Adjourns the meeting. Motion carried
	The meeting adjourned at 2:48 p.m. and resumed at 3:04 p.m.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: a) Notes the findings of the Climate 2030 Rapid Review, and work to date on the update of the DCC Emissions Reduction Plan. b) Notes the assessment of alignment of the 10 Year Plan against the emissions reduction opportunities identified through these two work streams. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2021/011)

13 Capital Expenditure Report 2021-2031
	A report from Corporate Policy sought approval of the draft capital budget for the purposes of developing the 10 year plan 2021-31, and consulting with the community. The Chief Executive Officer (Sandy Graham) and the Acting General Manager Finance (Gavin Logie) spoke to the report and responded to questions.
	Cr Lee Vandervis left the meeting at 3:35 p.m. and returned to the meeting at 3:37 p.m. Cr Mike Lord left the meeting at 3:42 p.m. and returned to the meeting at 3:43 p.m. Cr Doug Hall left the meeting at 4:01 p.m. and returned to the meeting at 4:15 p.m. Cr Carmen Houlahan left the meeting at 4:21 p.m. and returned to the meeting at 4:25 p.m.
	Moved (Mayor Aaron Hawkins/Cr Marie Laufiso): That the Council: a) Approves the capital budget for the purposes of developing the 10 year plan 2021-31 and consulting with the community. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (11). Against: Crs Carmen Houlahan, Jules Radich, Lee Vandervis and Andrew Whiley (4). Abstained: Nil The division was declared CARRIED by 11 votes to 4 Motion carried (CNL/2021/012)
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried
	The meeting adjourned at 4:40 p.m. on Wednesday 27 January 2021 and reconvened at 9:02 a.m. on Thursday 28 January 2021.

14 2021/22 Draft Operating Budget - 3 Waters

A report from 3 Waters provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the 3 Waters Group.

The General Manager Infrastructure Services (Simon Drew) and the Group Manager 3 Waters (Tom Dyer) spoke to the report and responded to questions.

Moved (Cr Jim O'Malley/Cr Doug Hall):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Three Waters Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Three Waters Group as shown at Attachment B.

Motion carried (CNL/2021/013)

15 Shaping Future Dunedin Transport Programme
	A report from Transport provided additional information on the six Shaping Future Dunedin Transport projects. The General Manager Infrastructure Services (Simon Drew) and the Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
	Moved that the Council (Cr Christine Garey/Cr Steve Walker): Adjourns the meeting. Motion carried The meeting adjourned at 10.35 a.m. and reconvened at 10.38 a.m.
	Moved (Cr Jim O'Malley/Cr Christine Garey): That the Council: a) Notes the budget timings of Shaping Future Dunedin Transport projects are in Transport Capital budgets. During debate on the motion, Cr Doug Hall left the meeting at 10:48 a.m. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (10). Against: Crs Carmen Houlahan, Jules Radich, Lee Vandervis and Andrew Whiley (4). Abstained: Nil The division was declared CARRIED by 10 votes to 4 Motion carried (CNL/2021/014)
	Cr Lee Vandervis left the meeting at 10.58 a.m.
	Moved that the Council (Mayor Aaron Hawkins/Cr Steve Walker): Adjourns the meeting. Motion carried The meeting adjourned at 10.59 a.m. and reconvened at 11.13 a.m.

16 2021/22 Draft Operating Budget - Roading and Footpaths

Cr Andrew Whiley entered the meeting at 11.17 am during discussion of the item.

A report from Transport provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the Roading and Footpaths Group.

The General Manager Infrastructure Services (Simon Drew) and the Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.

Moved (Cr Christine Garey/Cr Jim O'Malley):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Roading and Footpaths Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Roading and Footpaths Group as shown at Attachment B.

Motion carried (CNL/2021/015)

17 2021/22 Draft Operating Budget - Reserves and Recreational Facilities

A report from Parks and Reserves provided an overview of the operating expenditure (opex) budgets for year one of the 10-year plan for the Reserves and Recreational Facilities Group.

The Acting General Manager City Services (Robert West) and the Acting Group Manager Parks and Reserves (Scott MacLean) spoke to the report and responded to questions.

Moved (Cr Jim O'Malley/Cr Mike Lord):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Reserves and Recreational Facilities Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Reserves and Recreational Facilities Group as shown at Attachment B.

Motion carried (CNL/2021/016)

18 Kerbside Collection Funding Options

A report from Waste and Environmental Solutions outlined funding options for kerbside collection services.

The General Manager Infrastructure Services (Simon Drew) and the Group Manager Waste and Environmental Solutions (Chris Henderson) spoke to the report and responded to questions.

Moved (Cr Mike Lord/Cr Steve Walker):

That the Council:

a) Adopts Option One – Targeted rates funding for kerbside collection bins plus opt-in garden waste bin funded via fees and charges, as the preferred funding source to be used for delivering kerbside collection services to be consulted on within the draft 10 year plan 2021-31.

	10YP consultation preferred option: Four Bins plus one – separate food and green waste collection	10YP consultation alternative option: Three bins enhanced status quo
Refuse 140 litre (red lid)	Targeted Rate	Targeted Rate
Recycling 240 litre (yellow lid)	Targeted Rate	Targeted Rate
Glass 45 litre (blue crate)	Targeted Rate	Targeted Rate
Food scraps 23 litre (green bin)	Targeted Rate	N/A
Garden waste 240 litre (opt in bin)	Fixed user charge	N/A

During debate on the motion, Cr Lee Vandervis returned to the meeting at 12:16 p.m.

Motion carried (CNL/2021/017)

Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey):

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.19 p.m. and reconvened at 1.22 p.m.

Cr Doug Hall returned to the meeting at 01:22 p.m.

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

a) Requests, in time for the next Annual Plan 2022-23, a report outlining options for both flat and progressive targeted rates for the kerbside collection service.

b) Ask staff to report back on the development of Pay as You Throw technology, as part of each Annual Plan process.

Motion carried (CNL/2021/018)

19 2021/22 Draft Operating Budget - Waste Management

A report from Waste and Environmental Solutions provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the Waste Management Group.

The General Manager Infrastructure Services (Simon Drew) and the Group Manager Waste and Environmental Solutions (Chris Henderson) spoke to the report and responded to questions.

Moved (Cr Carmen Houlahan/Cr Jim O'Malley):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Waste Management Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Waste Management Group as shown at Attachment B.

Motion carried (CNL/2021/019)

20 Community Housing - Strategy and Policy Review update
	A report from Property updated Council on the review of the Dunedin City Council Housing Policy 1997 and the Dunedin City Social Housing Strategy 2010-2020. The Acting General Manager City Services (Robert West) and the Group Manager Property (David Bainbridge-Zafar) spoke to the report and responded to questions.
	Moved that the Council (Mayor Aaron Hawkins/Cr David Benson-Pope): Adjourns the meeting. Motion carried The meeting adjourned at 1.53 p.m. and reconvened at 2.00 p.m. It was requested that the resolution be taken in two parts.
	Moved (Mayor Aaron Hawkins/Cr Jim O'Malley): That the Council: a) Approves that the 10 year plan 2021-31 consultation document will seek feedback on prioritisation of DCC Community Housing tenants by including the following question; Do you support the DCC prioritising its community housing for people aged 65 and over? b) Approves that the 10 year plan 2021-31 consultation document will seek feedback on funding for the DCC Community Housing portfolio by including the following question; Do you support rates being used to subsidise rents for DCC community housing? Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2021/020)
	Moved (Mayor Aaron Hawkins/Cr Jim O'Malley): That the Council: c) Approves that the 10 year plan 2021-31 and consultation document include a preferred option of $1 million per annum for the development of new community housing, with an alternative option of $2 million per annum; d) Notes that public submissions will be used to inform the next stage of the review of the Dunedin City Council Housing Policy 1997 and the Dunedin City Social Housing Strategy 2010-2020. Division The Council voted by division. For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Jim O'Malley, Jules Radich, Chris Staynes, Lee Vandervis, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14). Against: Cr Mike Lord (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2021/021)
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried The meeting adjourned at 2.43 p.m. and reconvened at 2.59 p.m.
	Moved (Cr Jules Radich/Cr Lee Vandervis): That the Council: e) Approves that the 10 year plan 2021-31 consultation document seek feedback on ownership of any new community housing units for the DCC Community Housing portfolio by including the following question: Should Council investigate ownership of any new community housing units be established as a standalone community housing provider so that the Government income related rent subsidy can be utilised Division The Council voted by division. For: Crs Rachel Elder, Carmen Houlahan, Jules Radich, Lee Vandervis and Andrew Whiley (5). Against: Crs Sophie Barker, David Benson-Pope, Christine Garey, Doug Hall, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (10). Abstained: Nil The division was declared LOST by 5 votes to 10

21 2021/22 Draft Operating Budget - Property Services

A report from Property provided an overview of the operating (opex) budget for year one of the 10-year plan for Property Services.

The Acting General Manager City Services (Robert West) and the Group Manager Property (David Bainbridge-Zafar) spoke to the report and responded to questions.

Moved (Cr Chris Staynes/Cr Lee Vandervis):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Property Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Property Group as shown at Attachment B.

Motion carried (CNL/2021/022)

22 2021/22 Draft Operating Budget - Economic Development

A report from Enterprise Dunedin provided an overview of the operating budgets for year one of the 10-year plan for the Economic Development Group (Enterprise Dunedin).

The Director Enterprise Dunedin (John Christie) spoke to the report and responded to questions.

Moved (Cr Lee Vandervis/Cr Chris Staynes):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Economic Development Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Economic Development Group as shown at Attachment B.

Motion carried (CNL/2021/023)

23 2021/22 Draft Operating Budget - Governance and Support Services
	Cr Mike Lord left the meeting at 03:36 p.m. and returned to the meeting at 03:38 p.m. A report from Finance provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the Governance and Support Services Group. The Acting General Manager Finance (Gavin Logie) spoke to the report and responded to questions. It was requested that the resolution be taken in two parts.
	Moved (Cr Rachel Elder/Cr Chris Staynes): That the Council: a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community i) The draft 2021/22 operating budget for the Governance and Support Services Group as shown at Attachment A. Motion carried (CNL/2021/024) with Cr Vandervis recording his vote against.
	Moved (Cr Rachel Elder/Cr Chris Staynes): That the Council: ii) The draft 2021/22 fees and charges schedules for the Governance and Support Services Group as shown/amended at Attachment B. Motion carried (CNL/2021/025)

24 New Zealand Sports Hall of Fame: Options for Intergration into the Ara Toi Group

A report from Ara Toi provided options and costs for integrating the New Zealand Sports Hall of Fame into the Ara Toi group of cultural facilities.

The General Manager Community Services (Simon Pickford) and the Group Manager Ara Toi (Nick Dixon) spoke to the report and responded to questions.

Moved (Cr Sophie Barker/Cr Chris Staynes):

That the Council:

a) Delay a decision on any future support for the NZ Sports Hall of Fame until the Recreation, Sports and Leisure (RSL) report has been completed.

Motion carried (CNL/2021/026)

25 2021/22 Draft Operating Budget - Ara Toi (Arts and Culture)

A report from Ara Toi provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the Ara Toi (Arts and Culture) Group.

The General Manager Community Services (Simon Pickford) and the Group Manager Ara Toi (Nick Dixon) spoke to the report and responded to questions.

Moved (Cr Christine Garey/Cr Steve Walker):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Ara Toi (Arts and Culture) Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Ara Toi (Arts and Culture) Group as shown at Attachment B.

Motion carried (CNL/2021/027)

26 2021/22 Draft Operating Budget - Regulatory Services

A report from Customer and Regulatory Services provided an overview of the operating expenditure (opex) budgets for year one of the 10-year plan for the Regulatory Services Group.

The General Manager Community Services (Simon Pickford) and the Acting Group Manager Customer and Regulatory Services (Paul Henderson) spoke to the report and responded to questions.

Moved (Cr Lee Vandervis/Cr David Benson-Pope):

That the Council:

a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community

i) The draft 2021/22 operating budget for the Regulatory Services Group as shown at Attachment A.

ii) The draft 2021/22 fees and charges schedules for the Regulatory Services Group as shown at Attachments B and C.

Motion carried (CNL/2021/028)

27 2021/22 Draft Operating Budget - Community and Planning
	A report from Community and Planning provided an overview of the operating expenditure (opex) budgets for year one of the 10 year plan for the Community and Planning Group. The Acting General Manager City Services (Robert West) and the Group Manager Community and Planning (Nicola Pinfold) spoke to the report and responded to questions.
	Moved (Cr Chris Staynes/Cr Doug Hall): That the Council: a) Adopts for the purposes of developing the 10 Year Plan 2021-31 and consulting with the community i) The draft 2021/22 operating budget for the Community and Planning Group as shown at Attachment A. ii) The draft 2021/22 fees and charges schedules for the Community and Planning Group as shown at Attachment B. Motion carried (CNL/2021/029)

	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion Carried The meeting adjourned at 4.30 p.m. and reconvened on Friday, 29 January 2021 at 9.02 a.m. Apologies for lateness were noted from Cr Carmen Houlahan and Cr Marie Laufiso.

28 10 Year Plan 2021-2031 Community Consultation

A report from Community and Planning provided an update on the proposed approach for consulting the community on the draft 10 year plan 2021-31.

The Acting General Manager City Services (Robert West) and the Group Manager Community and Planning (Nicola Pinfold) spoke to the report and responded to questions.

Moved (Cr Lee Vandervis/Cr Steve Walker):

That the Council:

a) Approves the proposed plan for community consultation on the draft 10 year plan 2021-31, including the measures for success.

Motion carried (CNL/2021/030)

29 Review of the Significance and Engagement Policy

A report from Community and Planning provided an update on the review of the Significance and Engagement Policy (SEP) and proposed amendments to the SEP for Council consideration for inclusion in the draft 10 year plan 2021-31.

The Acting General Manager City Services (Robert West) and the Group Manager Community and Planning (Nicola Pinfold) spoke to the report and responded to questions

Moved (Cr Lee Vandervis/Cr Steve Walker):

That the Council:

a) Approves the revised Significance and Engagement Policy for inclusion in the draft 10 year plan.

b) Notes that staff will undertake further review of the schedule of strategic assets and provide an update for consideration as part of the 2022-23 Annual Plan deliberations.

Motion carried (CNL/2021/031)

30 Revenue and Financing Policy

A report from Corporate Policy sought Council approval for the draft Revenue and Financing Policy (the draft Policy), to be used in the preparation of the 10 year plan 2021-31.

The Acting General Manager, Finance (Gavin Logie) spoke to the report and responded to questions.

Moved (Cr Mike Lord/Cr Jim O'Malley):

That the Council:

a) Approves the Revenue and Financing Policy to be used in the preparation of the 10 year plan 2021-31.

Motion carried (CNL/2021/032) with Cr Vandervis recording his vote against.

31 2021-22 Rating Method
	A report from Finance presented the draft budget for 2021-22 which proposed an overall increase in rates of 9.8%. The Acting General Manager Finance (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Chris Staynes): That the Council: a) Approves an increase in the community services targeted rate for the 2021-22 year of $2.00 to $102.00 including GST. b) Approves an increase in the Stadium 10,000 plus seat differentiated rates for the 2021-22 year based on the June 2020 Local Government Cost Index of 2.0%. c) Approves the current rating method for the setting of all other rates for the 2021-22 year. Motion carried (CNL/2021/033) with Cr Vandervis recording his vote against.
	Cr Carmen Houlahan entered the meeting 9:24 a.m.
	Moved (Cr Jim O'Malley/Mayor Aaron Hawkins): That the Council: Requests that staff prepare a report in time for consideration as part of the 2022-23 Annual Plan on options for providing assistance to ratepayers on limited or fixed income. Motion carried (CNL/2021/034)

32 Rates Remission and Postponement Policy

A report from Corporate Policy advised that a review of Council’s Rates Remission and Postponement Policy (the Policy) had been undertaken, and minor changes to the Policy were proposed.

The Acting General Manager, Finance (Gavin Logie) spoke to the report and responded to questions.

Cr Christine Garey withdrew from consideration of this item and left the meeting at 9:32 a.m.

Moved (Cr Rachel Elder/Cr Chris Staynes):

That the Council:

a) Approves the proposed Rates Remission and Postponement Policy, with any amendments.

b) Approves that the policy be consulted on through the 10 year plan consultation process.

Motion carried (CNL/2021/035)

10 YEAR PLAN 2021-31 OVERACHING RESOLUTION

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council:

Approves the changes to the draft 10 year plan 2021-31 forecast financial statements and supporting documentation for the purposes of developing the 10 year plan 2021-31 and engaging with the community.

Motion carried (CNL/2021/036) with Cr Vandervis recording his vote against.

Cr Christine Garey returned to the meeting at 9:38 a.m.

33 DCC Submission on the University of Otago's Vision 2040 Discussion Paper
	A report from Community and Planning sought approval of a draft Dunedin City Council (DCC) submission to the University of Otago on the ‘Vision 2040’ discussion paper. The Acting General Manager City Services (Robert West) and the Group Manager Community and Planning (Nicola Pinfold) spoke to the report and responded to questions.
	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting. Motion carried The meeting adjourned at 9:45 a.m. and reconvened at 9:49 a.m. Cr Marie Laufiso entered the meeting at 9:52 a.m.
	Moved (Cr Steve Walker/Cr Rachel Elder): That the Council: a) Approves the draft DCC submission to the University of Otago on the ‘Vision 2040’ discussion paper. b) Includes under Strategic Imperatives to 2040, in paragraph 9 of the Council submission - a desire for a “bike friendly campus”. Motion carried (CNL/2021/037)
	Cr Doug Hall left the meeting at 9:54 a.m.

34 Notification of 2GP Variation 2: Additional Housing Capacity

A report from City Development sought approval for the Notification of Variation 2: Additional Housing Capacity to the second generation Dunedin City District Plan (2GP). It noted that the proposed notification date was 3 February 2021.

Mayor Hawkins advised his intent to move into Non Public to allow for questions of the confidential documents of the Notification for the 2GP Variation 2 District Plan and return to public session for debate.

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 - 14 December 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.	.
C2 Ordinary Council meeting - 8 December 2020 - Public Excluded	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).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 documents for notification of 2GP Variation 2: Additional Housing Capacity	S7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	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.	Information contained in the documentation for Variation 2 to the 2GP includes details of proposed changes to the zoning of properties and to the rules managing the development of properties. These changes could result in increases to the value of some properties, and public access to the details of these changes ahead of the formal public notification process could provide persons with an improper advantage.

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.

Motion carried (CNL/2021/038)

	Moved that the Council (Mayor Aaron Hawkins/Cr Christine Garey): Adjourns the meeting to enable the media and members of the public to leave the room. Motion carried
	The meeting adjourned at 10:05 a.m. and moved into confidential session at 10:19 a.m.

	The public section of the meeting reconvened at 11:38 a.m. for debate of item 34 – Notification of 2GP Variation 2: Additional Housing Capacity.

Notification of 2GP Variation 2: Additional Housing Capacity

Cr David Benson-Pope took no part in the consideration of this item.

Moved (Mayor Aaron Hawkins/Cr Marie Laufiso):

That the Council:

a) Approves, having had particular regard to the section 32 RMA report, notification of Variation 2 to the second generation Dunedin City District Plan

b) Resolves under section 48(1)(a)(i) and section 7(2)(j) of the Local Government Official Information and Meetings Act 1987 to withhold the attachments to this report (provided electronically) until 3 February to prevent the disclosure or use of official information for improper gain or improper advantage

c) Resolves to delay the rules provided for in section 86B(3) of the RMA from taking effect until Variation 2 becomes operative.

d) Resolves to delegate power to lodge a submission under Clause 6, First Schedule RMA on the variation to the Chief Executive Officer (or delegate) or Chair of the Hearing Committee (Cr David Benson-Pope)

e) Delegates to the Chief Executive Officer (or delegate), the power to correct or authorise the correction of, typographical errors or to make minor amendments to the content of Variation 2 or its accompanying section 32 reports.

Motion carried (CNL/2021/039)

The meeting was declared closed at 11:52 a.m.

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

MAYOR

Council

23 February 2021

Submission: Water Services Bill

Department: 3 Waters

EXECUTIVE SUMMARY

1 This report Council seeks approval of a joint Otago-Southland submission to Parliament’s Health Committee on the Water Services Bill.

2 The joint submission is being prepared on behalf of the Dunedin City Council (DCC) and other councils in the Otago and Southland regions by the Otago-Southland Three Waters Office. The DCC and the nine other councils in Otago and Southland (including the two regional councils) established the Otago-Southland Three Waters Office in 2020 to promote regional collaboration on three waters issues.

3 A draft joint submission is provided as Attachment B. This will be separately circulated on 18 February 2021. The closing date for submissions on the Water Services Bill is 2 March 2021.

RECOMMENDATIONS

That the Council:

a) Notes that the Otago-Southland Three Waters Office is developing a joint submission on the Water Services Bill, on behalf of the Dunedin City Council and other councils.

b) Approves the draft joint submission to Parliament’s Health Committee on the Water Services Bill at Attachment B.

c) Authorises the Mayor and Chief Executive to make any final changes to the joint submission.

BACKGROUND

Reform of three waters regulatory and service delivery arrangements

4 The Water Services Bill is part of a wider suite of changes to New Zealand’s regulatory and service delivery arrangements for drinking water, wastewater and stormwater (the three waters) initiated by central government.

Regulatory reforms – Taumata Arowai, Water Services Bill, Essential Freshwater (Te Mana o te Wai)

5 The Government is implementing a package of regulatory reforms designed to:

a) improve leadership, oversight, and support relating to the three waters through the establishment of Taumata Arowai, the new, dedicated water services regulator;

b) strengthen compliance monitoring and enforcement relating to drinking water regulation;

c) manage risks to drinking water safety and ensure sources of drinking water are protected; and

d) improve the environmental performance and transparency of wastewater and stormwater networks.

6 In July 2020, Parliament passed legislation establishing Taumata Arowai as a new Crown agent and the Government introduced the Water Services Bill to provide for Taumata Arowai’s detailed functions and powers. Taumata Arowai is currently being formed and will take up its regulatory responsibilities after Parliament passes the Water Services Bill, which is expected to occur in the second half of 2021.

7 In addition to reforming the three waters regulatory system, the Government has also introduced changes to freshwater regulation through the Essential Freshwater Programme. There are overlaps between the Essential Freshwater Programme and the Three Waters Review, which relate to the environmental regulation of stormwater and wastewater discharges and protection of drinking water sources.

8 The National Policy Statement for Freshwater Management 2020 (NPS-FM 2020) came into effect in September 2020. The NPS-FM 2020 requires freshwater to be managed in a way that gives effect to Te Mana o te Wai. Te Mana o te Wai is a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and well-being of the wider environment and the mauri of the water itself.

9 Te Mana o te Wai has been incorporated into both Taumata Arowai-the Water Services Regulator Act 2020 and the Water Services Bill. These pieces of legislation require Taumata Arowai and water suppliers, including councils, to give effect to Te Mana o te Wai.

Service delivery reforms: Government Three Waters Reform Programme

10 Alongside the proposed regulatory changes, the Government has been considering ways to respond to affordability and capability challenges facing New Zealand’s three waters sector.

11 In July 2020, the Government launched a suite of three waters service delivery reform proposals and indicated that its starting intention was to transition delivery of three waters services to new, public multi-regional water entities. The Government provided an indicative three-year timeline for the reform work programme divided into three stages, with each stage accompanied by a tranche of stimulus funding.

12 In August 2020, the DCC agreed to participate in the first stage of the Government’s three waters service delivery reform programme. The DCC subsequently received a stimulus funding grant of $15.84 million. The Government’s objectives for the funding are to supporting post COVID-19 economic recovery through job creation, and to increase and/or accelerate investment in core water infrastructure delivery, renewals and maintenance. The funding must be spent by 31 March 2022.

13 According to the Government’s proposed reform strategy and timeline published in December 2020, councils will be asked to make further decisions about participation in the service delivery reform programme in late-2021. New water entities would be established in 2022 and commence operations during the period 2022-2024. The proposed reform strategy and timeline is attached to this report as Attachment A.

Water Services Bill: summary

14 The Government introduced the Water Services Bill to Parliament on 28 July 2020. Parliament gave the Bill its first reading on 8 December 2020 and referred it to the Health Committee for further consideration. The Government’s intention is for the Bill to be enacted in the second half of 2021.

Provisions relating to drinking water

15 The main purpose of the Water Services Bill is:

to ensure that drinking water suppliers provide safe drinking water to consumers by –

a) providing a drinking water regulatory framework that is consistent with internationally accepted best practice, including a duty on drinking water suppliers to –

i) have a drinking water safety plan; and

ii) comply with legislative requirements (such as drinking water standards) on a consistent basis; and

b) providing a source water risk management framework that, together with the Resource Management Act 1991, regulations made under that Act, and the National Policy Statement for Freshwater Management, enables risks to source water to be properly identified, managed, and monitored; and

c) providing mechanisms that enable the regulation of drinking water to be proportionate to the scale, complexity, and risk profile of each drinking water supply; and

d) providing mechanisms that build and maintain capability among drinking water suppliers and across the wider water services sector; and

e) providing a framework for the continuous and progressive improvement of the quality of water services in New Zealand.

16 The Bill, if passed, would replace Part 2A (Drinking Water) of the Health Act 1956 and implement system-wide reforms to the regulation of drinking water and source water. Taumata Arowai would oversee, administer and enforce the regulatory system for drinking water, replacing the Ministry of Health and District Health Boards. Regional councils would continue to regulate the taking of water from the environment for drinking water supply purposes under the RMA.

17 The Bill details, requirements that will apply to all drinking water suppliers other than domestic self-suppliers (single domestic households that have their own, stand-alone drinking water supply system). The Bill also provides Taumata Arowai regulatory powers and a range of tools to monitor and enforce compliance with drinking water standards and other requirements in a manner that is proportionate to the scale, complexity, and risk profile of each drinking water supply.

18 The Water Services Bill requires water suppliers, councils and Taumata Arowai to give effect to Te Mana o te Wai when exercising any function, power, or duty established in the Bill (to the extent that Te Mana o te Wai applies to the function, power, or duty).

Provisions relating to wastewater and stormwater

19 The Water Services Bill would introduce new national-level reporting and monitoring requirements for wastewater and stormwater networks. These new requirements would be overseen by Taumata Arowai, but regional councils would continue to regulate discharges of wastewater and stormwater to the environment under the RMA.

20 According to the Bill’s explanatory note, the Government does not intend for the provisions relating to wastewater and stormwater to commence until two years after the Bill is passed. The purpose of this delay is to enable Taumata Arowai to prioritise drinking water regulation.

Amendment to the Local Government Act 2002

21 The Water Services Bill would amend the Local Government Act 2002 (LGA) to establish new responsibilities for territorial authorities to:

a) understand the risks to ongoing access to drinking water among communities in their district;

b) plan to ensure that drinking water services continue to be available; and

c) ensure communities in their district continue to have access to drinking water.

22 The Water Services Bill would substantially expand the number of drinking water suppliers subject to regulation. The Government recognises there is a risk that some drinking water suppliers – particularly small, private drinking water suppliers that have previously had minimal or no regulation – may struggle to comply with new regulatory requirements and consider ceasing their operations. Unlike council drinking water suppliers, non-council water suppliers are not legally obliged to maintain their supplies.

23 The purpose of the proposed amendments to the LGA is to manage this risk. In summary, councils would be required to:

a. regularly assess the access that all communities in their district have to drinking water services (every three years, or sooner if specific concerns are raised);

b. consider the implications of the assessment’s findings on their plans (including the long-term plan and Infrastructure Strategy, and the district plan); and

c. notify Taumata Arowai and act to ensure communities continue to have access to drinking water if the council (or Taumata Arowai) finds that an existing drinking water supplier is facing a ‘significant problem or potential problem’. Where there is a problem, the council would have to work collaboratively with the supplier, the consumers of the supply and Taumata Arowai to identify an immediate, temporary and/or long-term, permanent solution to the problem. A solution could involve taking over the management and operations of the drinking water service on a temporary or permanent basis or providing alternative supply arrangements.

24 This would apply to all communities within the council’s territorial boundaries, including communities that receive drinking water services from the territorial authority and communities that receive drinking water through other, non-council arrangements.

Otago-Southland Three Waters Office

25 In March 2020, the DCC and nine other councils from across Otago and Southland (including the two regional councils) applied for Government funding to investigate the current state of water services in Otago and Southland and whether a collaborative approach to water services delivery could benefit Otago and Southland communities and the environment. The funding application was successful but its implementation in the first half of 2020 was delayed by the COVID-19 pandemic.

26 Work recommenced in the second half of 2020. Building on the previous work towards a voluntary investigation and to support collective participation by councils in the Government’s Three Waters Reform Programme, the Otago and Southland Mayoral Forums agreed to develop a ‘Three Waters Office’ and associated governance arrangements. Additional funding for this work was made available through contributions from individual councils’ allocations of the Government’s three waters reform stimulus funding package. In September 2020, Otago and Southland Chief Executives appointed Matt Russell, the Group Manager Services and Assets at Southland District Council, as interim Programme Director for the Otago-Southland Three Waters Office.

DISCUSSION

27 The Water Services Bill is highly relevant to the DCC and other councils as three waters service providers and, more broadly, as territorial authorities. The 3 Waters capital and operating budgets and the draft Infrastructure Strategy that were presented to the Council’s 10 Year Plan meetings in January 2021 attempt to take into account the anticipated costs to the DCC of meeting new, stronger three waters regulatory requirements over the coming years.

28 The Otago-Southland Three Waters Office has developed a draft joint submission on the Water Services Bill on behalf of the Otago and Southland councils, including the DCC. DCC staff have provided input into the draft joint submission. The draft submission will be separately circulated as Attachment B.

29 The draft joint submission expresses general support for the purpose and intent of the Water Services Bill and make recommendations and/or seeks clarification on a range of matters relevant to council drinking water suppliers. Specific matters the joint submission addresses includes:

a) roles and responsibilities under the new drinking water regulatory system;

b) the proposed amendment to the Local Government Act 2002, which would require councils to ensure communities in their district continue to have access to drinking water;

c) funding and resourcing;

d) exemptions from regulatory requirements;

e) liability provisions in the Bill; and

f) source water risk management.

30 Local Government New Zealand (LGNZ), Taituarā – Local Government Professionals Aotearoa (previously known as SOLGM) and Water New Zealand are also developing submissions on the Water Services Bill. Other councils around New Zealand may also make submissions, either as individual councils or as part of a group.

OPTIONS

Option One – Approve, with any suggested amendments, the draft joint Otago-Southland submission on the Water Services Bill (Recommended Option)

31 Approve, with any suggested amendments, the draft joint submission to Parliament’s Health Committee on the Water Services Bill.

32 DCC staff will work with the Otago-Southland Three Waters Office to incorporate any elected member input into the joint submission prior to final approvals by the Mayor and the Chief Executive.

Advantages

· Allows the DCC to make recommendations, seek clarity and raise issues for consideration during the Parliamentary select committee process.

· Demonstrates regional collaboration on three waters issues in Otago and Southland.

Disadvantages

· There are no disadvantages.

Option Two – Do not approve the draft joint Otago-Southland submission on the Water Services Bill

Advantages

· There and no advantages.

Disadvantages

· The DCC will not be included as a party to the joint Otago-Southland submission. This represents a missed opportunity for the DCC to highlight issues for the Health Committee’s consideration.

· Missed opportunity to demonstrate regional collaboration on three waters issues in Otago and Southland.

NEXT STEPS

33 If the Council approves the recommended option, staff will work with the Otago-Southland Three Waters Office to incorporate any elected member feedback into the draft joint submission.

34 The final submission will be forwarded to the Mayor and Chief Executive for approval prior to the submission deadline (2 March 2021) and a copy of the approved submission will be circulated to Councillors.

Signatories

Author:

Rachel East - Policy Analyst

Scott Campbell - Policy Analyst

Authoriser:

Tom Dyer - Group Manager 3 Waters

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	Proposed reform strategy and timeline (central government, December 2020)	81
b	Submission (Under Separate Cover 1)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision 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	☒	☐	☐

DCC participation in the joint Otago-Southland submission on the Water Services Bill supports the goals and objectives of Dunedin’s strategic framework.

Māori Impact Statement

The Water Services Bill would require water suppliers (including councils) and Taumata Arowai to give effect to Te Mana o te Wai when exercising a function, power, or duty established in the Bill. As part of its governance arrangements, Taumata Arowai will have a Māori Advisory Group charged with advising on Māori interests and knowledge as they relate to the objectives, functions, and principles of Taumata Arowai.

The Group Manager 3 Waters attended the Māori Participation Working Party Meeting on 16 September 2020 to provide information on three waters regulatory and service delivery reforms.

Sustainability

There are no potential long-term implications for sustainability that are directly related to DCC

participation in a joint Otago-Southland submission on the Water Services Bill.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications on these plans or strategies that are directly related to DCC participation in a joint Otago-Southland submission on the Water Services Bill. The 3 Waters capital and operating budgets and the draft Infrastructure Strategy that were presented to the Council’s 10 Year Plan meetings in January 2021 attempt to take into account the anticipated costs to the DCC of meeting new, stronger regulatory requirements over the coming years.

Financial considerations

There are no financial implications that are directly related to DCC participation in a joint Otago-Southland submission on the Water Services Bill.

Significance

The decision in this report is considered low in terms of the Council’s significance and engagement policy.

Engagement – external

The draft joint submission has been developed by the Otago-Southland Three Waters Office on behalf of member councils (DCC, Invercargill City Council, Southland District Council, Gore District Council, Environment Southland, Clutha District Council, Central Otago District Council, Queenstown Lakes District Council, Waitaki District Council, Otago Regional Council). DCC staff have engaged with the Otago-Southland Three Waters Office on submission development.

Engagement - internal

Staff from 3 Waters staff and Legal were involved in the preparation of this report and the draft joint submission.

Risks: Legal / Health and Safety etc.

There are no identified risks directly related to DCC participation in a joint Otago-Southland submission on the Water Services Bill.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards will be interested in the Water Services Bill changes and staff will consider how we update the Community Boards in future.

Council

23 February 2021

Proposed traffic and parking restriction changes-January 2021

Department: Transport

EXECUTIVE SUMMARY

1 At its meeting on 3 December 2020, the Regulatory Subcommittee considered a range of proposed changes and clarifications to current parking restrictions, and a correction to the GIS database. The Committee also considered a proposal to change traffic restrictions on Ward Street from Halsey Street to Wickliffe Street to one-way.

2 This report seeks approval of the recommendations made by the Regulatory Subcommittee at its meeting of 3 December 2020 (Attachment A).

RECOMMENDATIONS

That the Council:

a) Considers the recommendations of the Regulatory Subcommittee on the proposed changes to parking and traffic restrictions

b) Approves the recommended changes to the parking controls that are shown in the December 2020 update of the Dunedin City Council’s traffic and parking controls database, https://tinyurl.com/ParkingDecember2020

c) Approves the recommended change to the one-way traffic restriction on Ward Street, from Halsey Street to Wickliffe Street.

d) Notes that all parking controls previously approved by Council and not shown as changed on the December 2020 traffic and parking restrictions database, remain unchanged.

BACKGROUND

3 Traffic and parking restrictions are made under the Traffic and Parking Bylaw and contribute to the objectives of the Dunedin Integrated Transport Strategy 2013 by supporting the achievement of a safe, efficient, and accessible transport network.

4 Council maintains a GIS map database of traffic and parking controls (the database) which reflects all on-street parking restrictions that are implemented with markings and/or signs.

5 The Traffic and Parking Bylaw requires Council to maintain schedules which reflect traffic restrictions that are approved and implemented with markings and/or signs.

6 The Regulatory Subcommittee (Subcommittee) has the delegation to make recommendations to Council on existing bylaws and their implementation and therefore, consider changes to traffic and parking restrictions.

DISCUSSION

7 The Council receives a range of unsolicited requests from individuals and businesses to change parking restrictions. When considering these requests, staff assess a range of factors including safety concerns, user needs, the road width and topography, traffic flow, neighbouring on-street parking spaces, visibility concerns and crash statistics. A proposed change supported by staff will include consultation with residents, businesses and property owners, unless the change is being made to address an identified safety concern.

8 On 3 December 2020, the Subcommittee considered proposed changes and clarifications (including database corrections) to parking controls, as well as the proposal to restrict traffic to one-way on Ward Street (From Halsey Street to Wickliffe Street).

9 The Subcommittee recommended that the changes and clarifications be implemented and that Ward Street (From Halsey Street to Wickliffe Street) be added to the schedule of one-way roads in accordance with the Traffic and Parking Bylaw. The minutes of the Subcommittee meeting on 3 December 2020 are provided as Attachment A (Minutes 3 December 2020-Regulatory Subcommittee).

Minor proposed parking controls and clarifications

10 Recommended changes and clarifications to parking restrictions are shown in the database at https://tinyurl.com/ParkingDecember2020 and detailed in Attachment B (TPC 21-Minor Changes) and Attachment C (TPC-22 Clarifications and corrections). The GIS layer includes a bookmark feature which links the numbered item in Attachments B and C tables to the location on the GIS layer.

11 The recommended changes to parking restrictions detailed in Attachment B (TPC 21-Minor Changes) include:

a) Parking control changes which improve safety, efficiency or access, where appropriate engagement has been carried out with affected parties.

b) Changes to improve the operation of the bus network.

12 Key changes include the block where the University of Otago’s new Faculty of Dentistry is located on Great King Street, between Frederick, Albany and Malcolm Streets. This area was under a Temporary Traffic Management Plan (TMP) for approximately two years while the University of Otago redeveloped buildings on Great King Street. Construction is now finished, and previous parking restrictions can be reinstated. Staff have identified an opportunity to improve the parking layout and add several parking spaces on this section of road. Staff have coordinated with the affected parties in the area (University of Otago and the Cancer Society) and both are supportive of the new layout. The changes improve safety, increase the range of parking restrictions, and create space for future landscaping options. The proposed layout is shown in Attachment D (Great King St. Parking layout).

13 The TMP has now finished and resurfacing of the road is being coordinated with the University. DCC can proceed with marking the parking layout once the resurfacing is finished.

14 Otago Regional Council (ORC), as the bus service provider, has proposed changes and/or improvements to several bus stop locations. These are detailed in table TPC-21 (Attachment B- Minor Changes). The ORC has consulted on the new locations for the bus stops and the details of the proposed changes are shown in Attachment E (ORC Bus stops layouts for consultation). It is proposed 40 unrestricted parking spaces be reallocated to support installation of no stopping lines to provide for best practice entry and exit tapers for existing bus stops and to support the creation of new bus stops. The changes proposed correspond to parking changes in suburban areas and are part of the DCC and ORC common strategy for improving the bus network.

15 Overall, it is proposed there will be a net reduction of 28 parking spaces. Although 44 new spaces would be created, the proposed changes to the bus network mean that there will be a net loss of parking spaces. The table below shows the proposed changes:

	Added	Removed (safety reasons)	Removed (Bus Stop Improvements)	Removed (other)	Total Net Change
P5	11	0		0	11
P10	0	0		0	0
P30	0	0		0	0
P60	0	0		0	0
P120	0	0		2	-2
P180	0	0		0	0
P240	0	0		0	0
P&D-P120	18	0		15	3
Mobility	3	0		1	2
AVO	1	0		0	1
ROP	0	0		0	0
PUDO	0	0		1	-1
Motorcycle	0	0		0	0
Taxi	2	4		0	-2
EV	2	0		0	2
Unrestricted	7	5	40	4	-42
TOTAL	44	9	40	23	-28

16 Clarifications of parking restrictions and correction to the database are detailed in TPC-22 (Attachment C- Clarifications and corrections). They do not change current parking restrictions, but include:

a) Changes to markings or signs intended to clarify parking controls which are already in place. Changes make existing markings or signs clearer or reinforce existing rules (for example installation of no-stopping lines to clarify that no vehicles may stop within one metre of a driveway or within six metres of a junction under the Land Transport (Road User) Rules 2004). These clarifications are considered necessary for access or safety reasons and are an exception to Council’s general approach not to mark anything that is currently enforceable under existing rules.

b) Corrections to the database that have been made to accurately reflect the parking restrictions which are on the ground.

Restriction of Ward Street to one way from Halsey Street to Wickliffe Street

17 The road reserve on Ward Street between Halsey Street and Wickliffe Street is in poor condition. The area has seen an increase in heavy traffic usage in recent years, mostly in relation to the C3 log-grading operation on Wickliffe Street. This is leading to the road reserve being damaged. Rehabilitating and upgrading this section of road reserve and improving drainage facilities on both sides of the carriageway is required.

18 Some safety concerns have also been identified by staff:

a) There is no footpath on Ward Street, and pedestrians are walking on the road to access informal car parks.

b) There is an undesirable right turn into Ward Street which means there is limited stacking space for trucks waiting to access the C3 log-grading operation.

19 An opportunity has been identified to create additional car parks and improve road safety on this section of Ward Street. Staff have identified two options:

a) Change this section of Ward Street to one-way traffic flow and create formalised, angled parking. This would create 32 formalised car parks.

b) Maintain two-way traffic flow and parallel parking. Parallel parking allows approximately 29 cars to park on this section of road.

20 Option a) is the preferred option. By making this section of road one-way, 32 angled car parks could be created to replace the existing informal parking. Pedestrians could safely access these parks through a newly created footpath. This option would also create greater stacking space for trucks waiting to access the C3 log-grading operation. The preferred option would allow Council to consider changes to parking time restrictions in the future. (Attachment F-Ward Street-One-way design)

21 All affected businesses and property owners were consulted regarding the preferred option. There was broad support for the proposed changes, with only Ritchies Transport Dunedin preferring the existing layout to remain unchanged. Attachment G-(Ward Street-One-way-consultation map).

22 If the proposed one-way restriction on Ward Street from Halsey Street to Wickliffe Street is adopted by Council, the additional parking spaces will be created as unrestricted parking. A future report will make recommendations for Council to consider regarding time restrictions for the parking spaces. Affected parties will be consulted prior to recommendations being made.

23 The Traffic and Parking Bylaw states that Council shall maintain a record of traffic restrictions such as one-way roads and therefore if the change is approved by Council, Ward Street from Halsey Street to Wickliffe Street would be added to the Traffic and Parking Bylaw’s Schedule of one-way roads presented as Attachment H (Schedule of one-way roads).

OPTIONS

Option One – Recommended Option

24 Approve the proposed changes to the traffic and parking controls database and restrict traffic to one-way only on Ward Street from Halsey Street to Wickliffe Street.

Advantages

· Improves safety, efficiency and access on the transport network by:

o enabling property access by prohibiting obstructive parking, making existing parking controls clearer, and providing for access to new driveways

o providing an improved and enforceable framework of parking restrictions

o providing appropriate length of parking stay according to the surrounding land uses.

o removing the undesirable right turn into Ward Street from Wickliffe Street and increases visibility at the Ward St /Halsey St and Ward St /Wickliffe St intersections

o creating formal parking layout on part of Ward Street that allows for the greatest number of formalised parks and which most of the community feedback supports.

· Improves public transport infrastructure by providing bus stops to support bus services and, enables buses to safely enter and exit bus stops.

· Contributes to achieving an integrated, affordable responsive, effective and safe transport network.

Disadvantages

· Cost of installation.

· Council resources cannot be allocated to other transport projects.

Option Two – Status Quo

25 Retain the existing traffic and parking controls and rehabilitate the road reserve while maintaining two-way traffic on Ward Street from Halsey Street to Wickliffe Street.

Advantages

· No change required to the traffic and parking bylaw layer and Schedule.

· Council resources can be allocated to other transport projects.

Disadvantages

· Does not improve efficiency and access to the transport network.

· Does not improve safety or reduce conflict points.

· Most of the community feedback on Ward Street did not support this option.

· Does not contribute to the Integrated Transport Strategy goals.

NEXT STEPS

26 If Council approves the recommended changes and clarifications to parking restrictions together with the one-way restriction on part of Ward Street, the changes will be implemented through appropriate signs and road markings. The restrictions will be enforced under the Traffic and Parking Bylaw.

27 In the case of the Ward Street traffic restriction from Halsey Street to Wickliffe Street, the additional parking spaces are created as unrestricted parking at the time of proceeding with the pavement rehabilitation of the existing carriageway and other associated works. A future report will make recommendations for Council to consider time restrictions for the parking spaces. Affected parties will be consulted prior to recommendations being made.

Signatories

Author:

Paula Barragan - Policy Analyst - Transport Regulation

Simon Spiers - Team Leader - Regulation Management

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure Services

Attachments

	Title	Page
⇩a	Attachment A-Minutes 3 December 2020-Regulatory Subcommittee	91
⇩b	Attachment B-TPC 21-Minor Changes	94
⇩c	Attachment C-TPC 22 Clarifications and corrections	97
⇩d	Attachment D-Great King St-Parking layout	98
⇩e	Attachment E-ORC Bus Stops layouts for consultation	99
⇩f	Attachment F-Ward Street-One way design	105
⇩g	Attachment G-Ward Street-One way consultation map	107
⇩h	Attachment H-Schedule of one-way roads	108

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

Establishing and changing traffic and parking controls supports the achievement of a safe and accessible transport network for all modes and supports the Spatial Plan, social and economic well-being of Dunedin communities. This report seeks minor changes and clarifications to the GIS map database of traffic and parking controls and to the list of one-way streets to the Traffic and Parking Bylaw.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications. Costs for implementing the proposed changes are covered by existing budgets.

Significance

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

Engagement – external

Engagement has been undertaken with relevant and affected parties.

Engagement - internal

Transport and parking services staff have been consulted.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards have not been consulted as there are no significant changes within the boundaries of the Community Boards. Ward Street is not within a Community Board Area.

Council

23 February 2021

10 Year Plan 2021-31 Proposed Levels of Service

Department: Corporate Policy

EXECUTIVE SUMMARY

1 The Local Government Act 2002 requires that the 10 year plan includes a statement of the intended Levels of Service (LOS) for each group of activities undertaken by Council. LOS statements explain what services Council will provide to its community, and how much of those services will be provided.

2 The purpose of this report is to seek approval for proposed LOS statements for each group of activities, for inclusion in the draft 10 Year Plan 2021-31 (draft plan).

3 A review of the current LOS statements has been undertaken to make amendments where required. New LOS statements, measures and targets are proposed to assist Council to monitor progress towards its Zero Carbon 2030 targets and to recognise new major projects that will be undertaken during the 10 year period. A list of tracked recommended changes is outlined in Attachment A, and an untracked version is at Attachment B.

4 On 14 December 2020 Council requested a report in May 2021 outlining a project plan for a strategic framework refresh. Work is required to ensure that LOS statements, measures, and reporting, will align with the Council’s strategic framework and Resident Opinion Survey (ROS) reporting and monitoring. It is proposed that a review of LOS statements and measures be undertaken in parallel to the strategic framework refresh to ensure future alignment of LOS statements and measures with strategic priorities.

RECOMMENDATIONS

That the Council:

a) Approves the proposed Levels of Service statements, measures and targets, with any amendments, for inclusion in the draft 10 Year Plan 2021-31.

b) Notes that staff will work on a process for undertaking a review of Levels of Service statements and measures to align with the Strategic Framework refresh work, with a report back to Council in May 2021 on progress and with a project plan.

c) Notes that staff will be changing the quarterly activity report templates to incorporate performance tracking against 10 Year plan 2021-31 Levels of Service statements and various other reporting measures.

BACKGROUND

5 Schedule 10, section 4 of the Local Government Act 2002 (LGA) provides:

“A long term plan must, in relation to each group of activities of the local authority, include a statement of the intended levels of service provision that specifies-

(a) any performance measures specified in a rule made under section 261B for a group of activities described in clause 2(2); and

(b) the performance measures that the local authority considers will enable the public to assess the level of service for major aspects of groups of activities for which performance measures have not been specified under paragraph (a); and

(c) the performance target or targets set by the local authority for each performance measure; and

(d) any intended changes to the level of service that was provided in the year before the first year covered by the plan and the reasons for the changes; and

(e) the reason for any material change to the cost of a service.”

6 LOS set out for the community what activities they can expect from Council, and they have measures and targets that can be used to assess the level of achievement. Council is required to report on its achievement of the levels of service through its Annual Report.

7 Under section 261B of the LGA (referred to in 4 (a) above), mandatory performance measures have been set by the Department of Internal Affairs through its “Non-Financial Performance Measures Rules 2013”, for the following group of activities, and must be used by councils:

· Water supply

· Sewerage and the treatment and disposal of sewage;

· Stormwater drainage; and

· The provision of roads and footpaths.

8 Whilst section 261B of the LGA sets out mandatory performance measures, it does not set mandatory targets for these measures, which are set by individual Councils.

9 The groups of activities for the draft plan are shown in Attachment C. The only change from the structure in the 10 Year Plan 2018-28 is to rename ‘Libraries and museums’ to ‘Ara Toi (Arts and Culture)’.

DISCUSSION

10 For the 10 year plan 2021-31, it is proposed that the LOS statements, measures and targets included in the current 10 year plan 2018-28 be continued, but with minor amendments.

11 New LOS statements have been proposed for projects Council has agreed to, e.g., Mosgiel Pool and the South Dunedin Library and Community Complex. Council may decide that further LOS statements are to be included in the Plan following decisions made at its deliberations meeting in May 2021, e.g. for performing arts and Shaping Future Dunedin projects. The LOS statements for proposed projects would be confirmed following decisions made.

12 Introduction of new LOS statements and measures that help monitor progress towards Council’s Zero Carbon Target 2030 are being proposed. These, and existing LOS statements and measures that will help monitor progress towards Council’s Zero Carbon 2030 target are marked with a green leaf symbol - .

13 The strategic and policy directions considered to support the inclusion of additional zero carbon related LOS statements and measures include the following:

· Te Ao Tūroa / Dunedin’s Environment Strategy

· DCC Carbon Management Policy 2017

· Council’s Zero Carbon 2030 resolution

· Integrated Transport Strategy

· The Energy Plan 1.0

· DCC Emissions Reduction and Management Plan

· DCC Waste Management and Minimisation Plan

14 Other proposed amendments include replacing Economic Development measures that are no longer measurable and changing Waste Management measures and targets to align with the new Waste Minimisation Management Plan.

15 Further work is required to ensure that LOS statements, measures, and targets align with Council’s strategic framework and Resident Opinion Survey (ROS) reporting and monitoring. It is proposed that a major review of LOS statements and measures is undertaken in parallel with the strategic framework refresh to ensure future alignment of LOS statements and measures with strategic priorities. A project plan is being developed to undertake this work and will be presented to Council at its May 2021 10 year plan deliberations meeting.

16 Staff will work on incorporating reporting of 10 Year Plan 2021-31 LOS statements, measures and targets into new Committee quarterly report templates to ensure regular reporting and Council oversight.

Financial impact

17 Budgets have been developed based on the proposed LOS. Changes to LOS statements, measures or targets may have a financial impact. For example, the proposed level of service in relation to the percentage of sealed road network that is resurfaced proposes a target of “greater than or equal to 6% of the network in m2”. Should Council decide to amend this target to achieve a higher percentage of resurfacing, there would be a financial impact.

OPTIONS

18 The options in this report are to decide on the LOS statements, measures and targets to include in the draft 10 year plan 2021-31.

Option One – Approve the proposed Levels of Service statements, measures and targets, with any amendment (Recommended Option)

19 This option seeks Council approval of the proposed LOS statements, measures and targets, as provided for in Attachment B, with any amendments, for inclusion in the draft 10 year plan 2021-31, noting that future work will be undertaken to align these with the revised Strategic Framework.

Advantages

· New LOS statements and measures that will help monitor progress towards Council’s Zero Carbon 2030 targets are identified, along with new projects with targeted timeframes for completion.

· Provides alignment with the new Waste Minimisation Management Plan objectives, and replaces measures that are no longer measurable.

· The future alignment of LOS statements, measures and targets to be undertaken as part of the Strategic Framework review will enable integrated reporting on progress towards achieving strategic priorities.

Disadvantages

· There are no identified disadvantages.

Option Two – Retain the Levels of Service statements, measures and targets that are in the current 10 year plan 2018-28 (Status Quo)

20 Council does not approve the amended LOS statements, measures and targets, and retains those that are in the current 10 year plan 2018-28.

Advantages

· There are no identified advantages.

Disadvantages

· The LOS statements and measures that will help monitor progress towards Council’s Zero Carbon 2030 target would not be identified.

· New projects with targeted timeframes for completion would not be identified.

· There would be no alignment with the new Waste Minimisation Management Plan objectives, and measures that are not measurable would be retained.

NEXT STEPS

21 If approved, the proposed LOS will be included in the draft 10 year plan 2021-31.

22 Amendments to new LOS statements, measures and targets will be made, where necessary, following decisions made at the May 2021 10 year plan deliberations meeting.

23 Committee quarterly activity report templates are being revised to incorporate performance tracking against LOS statements, measures and targets to ensure regular reporting and Council oversight (among other changes).

24 A review of LOS statements measures and targets to make improvements and align with the strategic framework project plan will incorporate a review of the LOS and a report back to Council in May 2021.

Signatories

Author:	Sharon Bodeker - Corporate Planner
Authoriser:	Robert West - Acting General Manager City Services

Attachments

	Title	Page
⇩a	Levels of service - track changes	117
⇩b	Levels of service	140
⇩c	Groups of Activities	159

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 draft 10 year plan contributes to all of the objectives and priorities of the strategic framework as it describes the Council’s activities, the community outcomes, and provides a long term focus for decision making and coordination of the Council’s resources, as well as a basis for community accountability. Levels of Service impact on all areas of Council service delivery.

Māori Impact Statement

There are no specific Levels of Service relating to Treaty obligations, however Levels of Service will be updated as part of the Strategic Framework review project that will include this.

Sustainability

The draft 10 year plan contains new content regarding the Council’s approach to sustainability. Levels of Service that will help monitor progress towards Council’s Carbon Zero 2030 target are marked with a green leaf symbol -

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Levels of Service are included in the 10 year plan.

Financial considerations

There are financial implications to altering the proposed Levels of Service.

Significance

Levels of Service are included in the 10 year plan, which is considered to be significant in terms of the Council’s Significance and Engagement Policy, and will be consulted on using the special consultative process.

Engagement – external

There has been no external engagement.

Engagement - internal

There has been cross-council internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Levels of Service affect all areas of the community including those with Community Boards. There are no levels of service that directly relate to Community Boards.

Council

23 February 2021

Approval to Grant an Electricity Easement to Aurora Energy Limited over part of the Dunedin Town Belt Recreation Reserve - Botanic Garden

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Aurora Energy Limited for the grant of an electricity easement over part of the Dunedin Town Belt Recreation Reserve – Botanic Garden.

2 This report seeks to obtain approval from Council to allow the easement to be formalised now that the survey work has been completed.

3 The easement will formalise the earlier installation and connection in 2015 of underground cabling and ancillary equipment in 2015 located on part of the Dunedin Town Belt Recreation Reserve near the propagation house in the upper Dunedin Botanic Garden, located off Lovelock Avenue.

4 When revisiting the matter in mid-2020, to arrange completion of outstanding survey work, the error in the earlier decision process was discovered.

5 This report asks Council to make two decisions:

a) Firstly, a decision as the administering body of the Dunedin Town Belt Recreation Reserve to grant the easement; and

b) Secondly, a decision to exercise the Minister of Conservation's delegation.

RECOMMENDATIONS

That the Council:

a) Grants, as administering body of the Dunedin Town Belt Recreation Reserve – Botanic Garden, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of underground electricity cables and ancillary equipment over part of the Dunedin Town Belt Recreation Reserve (Record of Title OT301/116 Ltd).

b) Decides that the criteria for exemption from public notification have been met.

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the installation of underground electricity cables and ancillary equipment over part of the Dunedin Town Belt Recreation Reserve (Record of Title OT301/116 Ltd).

BACKGROUND

6 Around 2014/2015 Aurora Energy Ltd (Aurora) proposed to install electrical cabling and associated equipment within the Dunedin Town Belt Recreation Reserve in the vicinity of the then to be developed Dunedin Botanic Garden propagation and nursery facilities.

7 The Council and Aurora had signed an Agreement that an easement in gross for these services over the reserve land would be formalised in favour of the company. At that time, and contrary to the Minister of Conservations delegations dated 12 June 2013, decisions were made in error by Council officers granting the easement. Although the infrastructure is in place, the easement process has never been finalised .

8 An aerial photo showing the location of the two easements at Attachment A, and LT Plan 497742 at Attachment B.

DISCUSSION

Land Status

9 Dunedin Town Belt Recreation Reserve is owned by Dunedin City Council and is contained in Record of Title OT301/116 Ltd. It is a Reserve subject to the Reserves Act 1977, as specified in the definition in that Act.

Council as the owner and as the administering body

10 The Council, in its capacity as owner and administering body of Dunedin Town Belt Recreation Reserve, has the responsibility for ensuring compliance in terms of the Reserves Act 1977 and for considering the merits of the proposal to grant easements.

11 Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements over reserves. Section 48(1) specifically allows for easements for public purpose utilities, including electricity, on reserves.

The Reserves Act 1977

12 Section 48(2) requires public notification of the intention to grant an easement unless it can be demonstrated that:

(a) Dunedin Town Belt Recreation Reserve is owned by the Council and is not likely to be materially altered or permanently damaged; and

(b) The rights of the public in respect of Dunedin Town Belt Recreation Reserve, at the Botanic Garden location, are not likely to be permanently affected by the establishment and lawful exercise of the easement.

13 The installation of underground electrical cabling and ancillary equipment was undertaken in conjunction with the Botanic Garden propagation house redevelopment around 2015. The Dunedin Town Belt Recreation Reserve has not been materially altered or permanently damaged and the rights of the public in respect of it have not been permanently affected by and will not be affected in the future by the establishment and lawful exercise of the easement.

14 Future repairs and maintenance may be necessary, however the effects on the reserve of any such repairs or maintenance will be temporary and minimal.

15 Given this information, it is considered the requirements for exemption from public notification have been met.

Reserve Management Plans - General Policies and Dunedin Botanic Garden (Nov 1993)

16 The Reserves Management Plan - General Policies provides for easements to be granted over reserves as long as they do not prevent the use of the reserve for its primary purpose, which in this instance is Recreation. Although the General Policies specify that easements should be for a limited term, and provides for annual charges to be payable, in this instance Council Officers recommend that the electricity easement to Aurora be granted in perpetuity and that no annual charge be made.

17 The Dunedin Botanic Garden Management Plan is silent on providing for easements to be granted over the Botanic Garden.

Merits of the proposed easement

18 As discussed above, the electrical utility enhances the services provided to Council’s Botanic Garden offices and facilities and provide wider community benefits. They have been installed on the Botanic Garden site for at least 5 years with this utility being discreetly located and not creating any visual impact to the public.

Standard Easement terms and conditions

19 The proposed key elements of this easement include:

Statute Section 48 of the Reserves Act 1977

Grantee Aurora Energy Limited

Reserve Dunedin Town Belt Recreation Reserve - Botanic Garden

SCHEDULE OF PROPOSED EASEMENTS IN GROSS

Purpose

Shown

Servient Tenement

(Burdened Land)

Grantee

Right to convey electricity

A, B, D

Part Town Belt Town of Dunedin (OT301/116 Ltd)

Aurora Energy Ltd

Term In perpetuity

Rental Nil

Shown on LT Plan 497742 (Attachment B):

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

Council as the Minister of Conservation's delegate

21 The Minister of Conservation, under a delegation dated 12 June 2013, has delegated to the Council the authority to approve easements over reserves where the activity is either contemplated in an approved management plan or the activity is an existing use and the effects of the use will be the same or similar in character, intensity and scale. Here, the activity is an existing use and the effects will be the same or similar in character, intensity and scale.

22 The Council, in its capacity as the Minister of Conservation's delegate, has the supervisory role in ensuring that the decision on whether or not to grant the easement over part of the Dunedin Town Belt Recreation Reserve has been arrived at in compliance with the requirements of the Reserves Act 1977.

23 In particular, the Council as the Minister's delegate, needs to be satisfied that:

· the status of the land has been correctly identified;

· there is statutory power to grant the easement;

· the necessary statutory processes have been followed;

· the easement has been appropriately considered; and

· the decision is a reasonable one.

24 The Dunedin Town Belt Recreation Reserve is owned by Council in fee simple and is held and managed as a recreation reserve subject to the Reserves Act 1977. This is recorded on the Record of Title OT301/116 Ltd. Section 48 of the Reserves Act 1977 provides the statutory authority to grant an easement over this Reserve. The statutory processes have been followed with full consideration given to whether public notification is required.

25 The functions and purposes of Dunedin Town Belt as a recreation reserve and the Dunedin Botanic Garden and its facilities within that will be enhanced by legalising the proposed electricity easement which will improve community benefits. The decision is a reasonable one considering the facts outlined in this report.

OPTIONS

Option One – Recommended Option

26 That the Council:

a) Grants, as administering body of Dunedin Town Belt Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977 an electricity easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over part of Dunedin Town Belt Recreation Reserve (Record of Title OT301/116 Ltd).

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

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an electricity easement in gross to Aurora Energy Limited for the installation of underground cables and ancillary equipment over part of Dunedin Town Belt Recreation Reserve (Record of Title OT301/116 Ltd).

Advantages

· The grant of this easement will formalise the ‘on the ground’ situation which provides benefits to the wider Dunedin community.

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

· The underground cabling and ancillary equipment is already in place and does not require any further ground works.

Disadvantages

· No disadvantages have been identified.

Option Two – Status Quo

27 Do not consent to the grant of the electricity easement over part of the Dunedin Town Belt Recreation Reserve – Botanic Garden in favour of Aurora Energy Limited.

Advantages

· No advantages have been identified.

Disadvantages

· Council will have utility infrastructure installed on land it owns or administers without the benefit of formal easements.

· Allowing utility infrastructure on the Council reserve without formal authority prevents Council from setting conditions for the management and maintenance of that infrastructure.

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

NEXT STEPS

28 If the Council consents to the grant of an electricity easement to Aurora Energy Limited and is satisfied the legislative requirements are met, an Agreement to Grant Electricity Easement can be prepared ready for execution, and then registration against Record of Title OT301/116 Ltd.

Signatories

Author:	Owen Graham - Senior Leasing and Land Advisor
Authoriser:	Scott MacLean - Acting Group Manager Parks and Recreation

Attachments

	Title	Page
⇩a	Easements overlaid on Botanic Garden Aerial Photo	168
⇩b	LT Plan 497742	169

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to provision of essential utilities to promote the social and economic well-being of the Dunedin community 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 underground installation minimises disturbance to on-going access to the Botanic Garden for the community and is good asset management practice

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The installation of these utilities meets industry best practice and accordingly these contribute to social and economic sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

· There are no implications for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures.

Financial considerations

The installation costs have already been met by the company and the applicant will be responsible for on-going maintenance of their infrastructure.

Each party will meet its own legal costs to formalise the easements.

Significance

· The decision has been assessed as being of low significance in terms of Council’s Significance and Engagement Policy.

Engagement – external

· No external consultation has been undertaken.

Engagement - internal

Parks and Recreation – Botanic Garden Manager has provided advice on the easement requirements as he was involved at the time of installation. The Council’s In-house Legal Counsel has provided advice in relation to the Reserves Act requirements.

Risks: Legal / Health and Safety etc.

· There are no material risks associated with the decisions.

Conflict of Interest

· There are no known conflicts of interest.

Community Boards

· The site is not within a Community Board area