Notice of Meeting:

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

 

Date:                                                    Tuesday 13 April 2021

Time:                                                   10.00 am

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

 

Sandy Graham

Chief Executive Officer

 

Council

PUBLIC AGENDA

 

MEMBERSHIP

 

Mayor

Mayor Aaron Hawkins

 

Deputy Mayor

Cr Christine Garey

 

 

Members

Cr Sophie Barker

Cr David Benson-Pope

 

Cr Rachel Elder

Cr Doug Hall

 

Cr Carmen Houlahan

Cr Marie Laufiso

 

Cr Mike Lord

Cr Jim O'Malley

 

Cr Jules Radich

Cr Chris Staynes

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Andrew Whiley

 

 

Senior Officer                                               Sandy Graham, Chief Executive Officer

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

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

 

 


Council

13 April 2021

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Public Forum                                                                                                                                                              4

1.1       Public Forum - Trains not Planes                                                                                                           4

1.2       Public Forum - Port Chalmers Day Train Usage                                                                                4

2             Apologies                                                                                                                                                                    4

3             Confirmation of Agenda                                                                                                                                        4

4             Declaration of Interest                                                                                                                                           5

5             Confirmation of Minutes                                                                                                                                    19

5.1       Ordinary Council meeting - 30 March 2021                                                                                    19   

Minutes of Community Boards

6             Otago Peninsula Community Board - 18 February 2021                                                                         20

7             Waikouaiti Coast Community Board - 17 February 2021                                                                        21

Reports

8             Actions From Resolutions of Council Meetings                                                                                          22

9             The Future of Dunedin Railways Limited                                                                                                      27

10           Regulatory Subcommittee Recommendation on Legal High Retail Location Policy Review      96

11           Regulatory Subcommittee Recommendation on Gambling and TAB Venue Policy Review    115               

Resolution to Exclude the Public                                                                                                                     136

 

 


Council

13 April 2021

 

 

1          Public Forum

1.1       Public Forum - Trains not Planes

Sally Brown and Mel Borrell wish to speak about the outstanding success of the ‘Trains not Planes’ weekly train service between Dunedin and Waitati over the summer months.

1.2       Public Forum - Port Chalmers Day Train Usage

Raewynne Pedofski wishes to address the meeting concerning the recent train usage for Port Chalmers Day

2          Apologies

At the close of the agenda no apologies had been received.

3          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


Council

13 April 2021

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

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

 

2.         Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

3.         Staff members are reminded to update their register of interests as soon as practicable.

RECOMMENDATIONS

That the Council:

a)     Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

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

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

 

 

Attachments

 

Title

Page

a

Councillor Register of Interests

7

b

Executive Leadership Team Register of Interest

17

  



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Confirmation of Minutes

Ordinary Council meeting - 30 March 2021

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 30 March 2021 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 30 March 2021 (Under Separate Cover 1)

 

 

   


Council

13 April 2021

 

Minutes of Community Boards

Otago Peninsula Community Board - 18 February 2021

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Otago Peninsula Community Board meeting held on 18 February 2021

 

 

 

Attachments

 

Title

Page

a

Minutes of Otago Peninsula Community Board held on 18 February 2021 (Under Separate Cover 1)

 

  


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13 April 2021

 

Waikouaiti Coast Community Board - 17 February 2021

 

 

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RECOMMENDATIONS

That the Council:

a)     Notes the minutes of the Waikouaiti Coast Community Board meeting held on 17 February 2021

 

 

 

 

Attachments

 

Title

Page

a

Minutes of Waikouaiti Coast Community Board held on 17 February 2021 (Under Separate Cover 1)

 

   


Council

13 April 2021

 

Reports

 

Actions From Resolutions of Council Meetings

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to show progress on implementing resolutions made at Council meetings. 

2          As this report is an administrative report only, there are no options or Summary of Considerations.

 

RECOMMENDATIONS

That the Council:

 

a)     Notes the Open and Completed Actions from resolutions of Council meetings shown in Attachments A and B.

 

discussion

3          This report also provides an update on resolutions that have been actioned and completed since the last Council meeting. 

NEXT STEPS

4          Updates will be provided at future Council meetings.

 

Signatories

Author:

Lynne Adamson - Governance Support Officer

Authoriser:

Clare Sullivan - Team Leader Civic

Attachments

 

Title

Page

a

Council Open Actions

23

b

Council Completed Actions

25

  


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The Future of Dunedin Railways Limited

Department: Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          A report from Dunedin City Holdings Limited is attached which outlines the longer term options for Dunedin Railways Limited and its assets. 

2          Four options have been provided for consideration, all requiring funding from Council from the financial year commencing 1 July 2021.

RECOMMENDATIONS

That the Council:

a)     Considers the options provided by Dunedin City Holdings Limited regarding the future of Dunedin Railways Limited and its assets.

 

BACKGROUND

3          The Council elected to put Dunedin Railways Limited into hibernation at a meeting held in April 2020.

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

 

a)        Instructs Dunedin City Holdings Ltd (DCHL) to mothball Dunedin Railways Limited (DRL); and

i)          Where possible, redeploy employees made redundant across the DCHL Group and elsewhere; acknowledging that

 

ii)         Has no view on what a permanent outcome might look like; and

 

iii)       Will provide up to $1.05m for the mothballing costs from July 2020 - December 2021, noting that any investment in future options would need to be subject to a separate business case and approval process.   

b)        Requests a report from DCHL, as soon as is practicable detailing:

i)          Options for DRL’s operating and governance structure in the interim.

ii)         An asset management schedule to protect current assets.

c)         Requests, in time for Long Term Plan deliberations; an update report outlining the longer term options for DRL and its assets.

Division

The Council voted by division:

 

For:                             Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall,              Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker, Andrew Whiley and Mayor Aaron Hawkins (14).

Against:        Cr Lee Vandervis (1).

Abstained:   Nil

 

                          The division was declared CARRIED by 14 votes to 1

 

Motion carried (CNL/2020/001)

DISCUSSION

4          See attached report from Dunedin City Holdings Limited.

5          The Council should note that no direct funding has been included in the 10 year plan
2021 – 2031 for any ongoing financial support for Dunedin Railways Limited.

OPTIONS

6          The options for consideration are included in the report provided by DCHL.

NEXT STEPS

7          Council staff will provide an update report on the selected option for the 10 year plan
2021-2031 deliberations scheduled for June.

 

Signatories

Author:

Gavin Logie - Acting General Manager Finance

Authoriser:

Sandy Graham - Chief Executive Officer

Attachments

 

Title

Page

a

DCHL report on Future Options for Dunedin Railways Limited

31

b

Appendices 1-5 to Dunedin Railways Ltd report

67

c

Appendix 6 to Dunedin Railways Ltd report(Confidential)

 

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the economic well-being of communities in the present and for the future.

 

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The operation of Dunedin Railways Limited and its assets contributes to the city’s tourist offering.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The operations of Dunedin Railways Limited are a key feature in Dunedin’s tourist offering.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The cost of any future funding requirements will need to be included in the 10 year plan 2021-2031.

Financial considerations

Financial support for Dunedin Railways Limited has not been included in the draft 10 year plan 2021-2031 currently out for consultation.

Significance

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

Engagement – external

The options report has been prepared by Dunedin City Holdings Limited with input from a selected reference group, Dunedin Venues Management Limited and a number of specialist consultants.

Engagement - internal

There has been no internal engagement within Council on this options report.

Risks: Legal / Health and Safety etc.

The risks associated with the various options are detailed in the attached report.

Conflict of Interest

The are no known conflicts of interest.

Community Boards

Any decision on the future of Dunedin Railways Limited will be of interest to the affected Community Boards.

 

 


Council

13 April 2021

 

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Council

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Regulatory Subcommittee Recommendation on Legal High Retail Location Policy Review

Department: Customer and Regulatory Services and Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          This report presents the recommendation of the Regulatory Subcommittee (the Subcommittee) on the review of the Legal High Retail Location Policy (the Policy). This follows consideration of six submissions received by the Subcommittee on the proposed Policy. Although one person indicated they wished to be heard, they did not attend the hearing.

2          The Subcommittee recommends retaining the Legal High Retail Location Policy but with one amendment, to include Great King Street from Moray Place to St Andrew Street in the sensitive buffer zone. This is due to the increase of vulnerable people in the area, and is where the bus hub is now located. The recommendation is in response to a submission from the Police.

3          See Attachment A for the proposed Policy.

 

RECOMMENDATIONS

That the Council:

a)     Notes that the Regulatory Subcommittee has considered all submissions received on the Legal High Retail Location Policy review.

b)     Approves the proposed amended Legal High Retail Location Policy.

 

 

BACKGROUND

4          The Council adopted a Policy in 2015 to help minimise the risk of harm posed by the presence of legal highs in the city. It was made under the Psychoactive Substances Act (the Act) which allows local authorities to have a policy specifying where, in their districts, legal highs can be sold. It does not permit a council to ban legal highs outright or to have a policy which is so restrictive as to effectively ban their sale.

5          The purpose of the Policy is:

a)         To minimise the harm caused to the community resulting from the use of psychoactive substances by limiting the locations where the ‘legal high’ may be sold.

b)        To minimise the exposure and potential harm of legal highs to vulnerable members of the community

c)         To ensure the community has influence over the location of the premises licensed to sell the products, in so far as legally possible.

6          If the Council decides not to have a Policy, there would be no control on where legal highs could be sold in the city should any legal high products be approved. Although psychoactive substances were available for sale before the Act was in place, there have been no approved products available for sale in New Zealand since the Policy was adopted.

7          In October 2020, the Council approved the review and retention of the Legal High Retail Location Policy and approved a statement of proposal for consultation.

8          The special consultative procedure was used for the Policy review, as required by the Act. Formal consultation took place from 11 November – 11 December 2020. Consultation included information on the Dunedin City Council (DCC) website, in the Otago Daily Times noticeboard, as well as targeted emails to stakeholders such as the Police, Southern District Health Board, Māori and Pacifica groups and to the Dunedin People’s Panel.

DISCUSSION

Results of consultation

9          The Subcommittee received six submissions made on the Policy review. Of these, three were from organisations (Police, Restorative Justice Otago and Spooks Vintage Art) and three were from individuals.

General support

10        The submission form asked: Overall, do you agree with the Legal High Retail Location Policy? Most (83%) agreed with the Policy with one submitter (17%) disagreeing.

Retail locations

11        The submission form asked: Do you agree with the current policy that restricts legal high retailers to the Dunedin central city area provided they are more than 100 m away from ‘sensitive sites’ like schools, churches, Dunedin Public Library, Dunedin Hospital, mental health facilities and justice premises? (refer to maps on pages 3&4 of the Policy).

12        All submitters agreed with this question.

Sensitive sites

13        The submission form asked: Are the ‘sensitive sites’ defined effectively? Would you add or remove any? (See map on page 3 of the Policy).

14        Most submitters (83%) answered ‘Yes’ to this question with one submitter (17%) answering ‘No’.

15        The Police submission suggested adding the area outside the Police Station around the bus hub as, with the introduction of the bus hub, there are anecdotally more school aged and young people in this area. Restorative Justice Otago suggested adding parks and open spaces such as the Octagon.

16        Note that section 52 of the Act prohibits the sale of approved products from any vehicle or street cart.

General comments

17        General comments included restricting the sale of legal highs as strongly as possible.

Subcommittee recommendation

18        The Subcommittee met on 25 March 2021 to consider the submissions received and passed the following resolution:

Moved (Cr Andrew Whiley/Cr Marie Laufiso):

That the Council:

 

            Amends the Legal High Retail Location Policy to include Great King Street from Moray Place to St Andrew Street in the sensitive buffer zone due to the increase of vulnerable people in the area.

Motion carried (RSCCC/2021/001)

Amending the Policy

19        In response to the Police submission, the Subcommittee recommends amending the Policy to include the new bus hub area along the part of Great King Street between Moray Place and St Andrew Street.

20        The map of sensitive sites has also been updated to remove the sensitive site of the previous Ministry for Social Development offices. These have moved out of the approved location boundary. The sensitive site of 20 Dowling St has also been removed as it is no longer a place of worship.

21        See Attachment B for the minutes of the Subcommittee’s deliberations on the Legal High Retail Location Policy.

22        See Attachment C for the tracked changes to the 2015 Legal High Retail Location Policy.

OPTIONS

23        The options presented are to accept the Subcommittee recommendations or to refer the Policy back to the Subcommittee for further consideration.

Option One – Accept recommendations of the Subcommittee (Recommended Option)

 

24        This option is to amend the Policy to include Great King Street from Moray Place to St Andrew Street in the sensitive buffer zone due to the increase of vulnerable people in the area, and to remove the sensitive sites of the previous Ministry of Social Development offices and 20 Dowling Street.

Advantages

·        Addresses potential issue raised by the Police

·        Minimises the risk of harm posed by legal highs in this area if any are approved.

Disadvantages

·        No identified disadvantages.

Option Two – Refer the Policy back to the Subcommittee for further consideration

Advantages

·    The Subcommittee has further opportunity to consider changes to the Policy.

Disadvantages

·    No known disadvantages.

NEXT STEPS

25        If the Council accepts the Subcommittee’s recommendation to amend the Policy, the amended Policy will be sent to the Psychoactive Substances Regulatory Authority, as required by the Act. The Dunedin City Council website and internal systems will also be updated to reflect the amended Policy.

 

Signatories

Authoriser:

Andrew Whiley - Chairperson, Regulatory Subcommittee

Attachments

 

Title

Page

a

Proposed Legal High Retail Location Policy April 2021

102

b

Tracked changes to 2015 Legal High Retail Location Policy

107

c

Minutes of Deliberations

112

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

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

 

A Legal High Retail Location Policy has potential to contribute to the safe and healthy people priority of the Social Wellbeing Strategy and liveable city priority of the Spatial Plan.

Māori Impact Statement

Māori organisations were identified as a potential interest group and were advised of the review and invited to submit.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

This report is considered low in terms of the Council’s Significance and Engagement Policy. However, this assessment is based on the absence of currently approved products (legal highs). If products were approved, then there would likely be higher community interest and therefore higher significance.

Engagement – external

The special consultative procedure was used for the Policy review and this included advertising on the DCC website, in the Otago Daily Times and advising key stakeholders of the review and inviting them to submit.

Engagement - internal

There has been engagement with staff from Governance and Customer and Regulatory Services.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no specific implications for Community Boards, however they were advised of the Policy review.

 

 


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Regulatory Subcommittee Recommendation on Gambling and TAB Venue Policy Review

Department: Customer and Regulatory Services and Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          This report presents the recommendations of the Regulatory Subcommittee (the Subcommittee) on the review of the Gambling and TAB Venue Policy (the Policy). This follows consideration of 40 submissions received including nine submitters who presented at the hearings.

2          The Subcommittee recommends amending the existing Policy to remove the section relating to club gambling venues and to clarify the relocation policy.

3          The Subcommittee also recommends that the Council lobbies central government to establish a more sustainable model of funding for community organisations to replace the reliance on gambling proceeds. See Attachment A for the proposed policy and Attachment B for tracked changes to the existing Policy.

RECOMMENDATIONS

That the Council:

a)     Notes that the Regulatory Subcommittee has heard and considered submissions on the Gambling and TAB Venue Policy.

b)     Approves the amended Gambling and TAB Venue Policy, as shown in Attachment A, which has a sinking lid approach to the number of venues and gambling machines in Dunedin with the deletion of section 1.2.3 and the following amendment to Section 1.2.4 to read:

Council may permit the relocation of existing class 4 venues where the premises cannot continue to operate at that site.  Examples of such circumstances include the following:

1.2.4.1      Fire

1.2.4.2      Natural disaster

c)     Lobbies central government through Local Government New Zealand to establish a more sustainable model of funding for community organisations to replace the reliance on gambling proceeds.

 

BACKGROUND

Legislation

4          The Gambling Act 2003 (the Act) requires all territorial authorities to have a policy stating whether it would allow new non-casino gambling (‘pokie’ machine) venues to be established within its district and, if so, where they may be situated. A policy can also limit the number of electronic gambling machines (EGMs) at these locations. The policy must be reviewed at least every three years.

5          The purpose of the Act is to:

a)         Control the growth of gambling;

b)        Prevent and minimise harm from gambling, including problem gambling;

c)         Authorise some gambling and prohibit the rest;

d)        Facilitate responsible gambling;

e)        Ensure the integrity and fairness of games;

f)         Limit opportunities for crime and dishonesty associated with gambling and the conduct of gambling;

g)         Ensure that money from gambling benefits the community;

h)        Facilitate community involvement in decisions about the provision of gambling.

6          The Gambling (Gambling Harm Reduction) Amendment Act 2013 requires territorial authorities to consider whether to include a ‘relocation policy’ which sets out if and when it will grant consent for a venue to relocate within its district.

7          The Racing Industry Act 2020 requires territorial authorities to adopt a policy on New Zealand Racing Board venues (TABs) within its district.

8          While the DCC must have a Policy, the Department of Internal Affairs (DIA) is the licensing authority and is responsible for granting or refusing gambling licences in accordance with the Policy.

Policy history

9          In 2004, the Council chose to adopt a joint Gambling and TAB Venue Policy. At that time there were no restrictions on the number of venues or EGMs.

10        In 2013, the Council reviewed the Policy. A sinking lid was adopted for South Dunedin and a cap introduced for the rest of the Dunedin area. The number of venues and EGMs in the Dunedin area has continued to fall.

11        In March 2018, the Council decided to extend the sinking lid to the whole Dunedin district and to introduce a relocation clause within the Policy allowing a venue to be relocated in exceptional circumstances.

12        In December 2020, the Council approved a statement of proposal for consultation which proposed retaining the sinking lid policy for Dunedin.

Community engagement

13        The special consultative procedure was used for the Policy review, as required by the Act. Formal consultation took place from 25 January - 26 February 2021. This consultation period was then extended until 10 March 2021 to advise Community Boards and provide them with the opportunity to submit as this had been inadvertently missed during initial consultation.

14        Consultation included information on the Dunedin City Council (DCC) website, in the Otago Daily Times noticeboard, as well as targeted emails to stakeholders such as corporate societies that hold a class 4 venue licence, and organisations representing Māori, as required by the Act. Other stakeholders such as the Police, health providers, community trusts and those that provide treatment and support services for problem gamblers in Dunedin were also advised of the review and invited to submit.

DISCUSSION

Results of consultation

15        Forty submissions were received and, of these, 25 were from organisations and 15 were from individuals. Organisations that submitted included community groups such as the Dunedin Prison Trust, Football South and Sport Otago as well as the Gaming Machine Association, Hospitality NZ, Lion Foundation, and those with health interests such as Public Health South, Problem Gambling Foundation and the Salvation Army.

General Support

16        The submission form asked: Overall, do you agree with the current Gambling and TAB Venue Policy?

Options

Number

%

Yes – overall, agree with the current policy

17

43%

No - overall, do NOT agree with the current policy

16

40%

Did not complete this question

7

18%

TOTAL

40

100%

Table 1: Agreement with current Policy by number and percentage

 

Support for options

17        The submission form asked: Which option do you support in relation to the Gambling and TAB Venue Policy? 

Options

Number

%

Option 1 (status quo and preferred option): Retain the existing policy which has a sinking lid approach to the number of venues and gambling machines in Dunedin. The existing policy does not allow relocation of venues unless in exceptional circumstances.

15

38%

Option 2: Do not limit the number of venues or gambling machines anywhere in Dunedin and grant consent for relocating gambling venues. Limit where new gambling venues may be established.

14

35%

Option 3: Other, please specify

11

28%

TOTAL

40

100%

Table 2: Support for options by number and percentage

18        In the ‘Other’ option, a number of submitters suggested capping the number of EGMs and some suggested broadening the relocation policy.

General Comments

19        The submission form asked: Do you have any other comments about the Gambling and TAB Venue Policy?

Options

Number of submitters

Loss of community funding with sinking lid policy

21

Reduce gambling harm with sinking lid

13

Cap number of EGMs at current level

10

Broaden relocation policy

5

General comments

26

Table 3: Summary of comments by number

Hearings

20        Ten submitters presenters at the hearings and all represented organisations. Organisations included problem gambling treatment providers such as Salvation Army Oasis, Public Health South and the Problem Gambling Foundation and community organisations such as St Clair Surf Life Saving Club, Sport Otago, Gaming Machine Association, Lion Foundation and the New Zealand Community Trust.

21        Key issues raised by health and problem gambling treatment providers were the importance of minimising gambling related harm in Dunedin, that sinking lid policies are slow but effective, the hidden costs of problem gambling and the disproportionate number of EGMs in low decile communities. Also, for each problem gambler, many more are affected.

22        Key issues raised by community organisations that benefit from gambling proceeds were the critical source of funding provided by proceeds to the communities via organisations at risk from a sinking lid policy, that the sinking lid is not effective in terms of reducing problem gambling, additional financial pressures from Covid-19, that there are rigorous gambling addiction safeguards and mitigations in place in New Zealand and the lack of alternative funding sources for community organisations. The risk of gambling proceeds being diverted to online gambling and commercial gambling operators with no community benefits was also raised. Most of these organisations suggested a cap on the number of gambling venues and EGMs as an acceptable alternative.

23        See Attachment C for the minutes of the hearings and deliberations.

Subcommittee recommendations

24        The Subcommittee met on 26 March to hear submitters, consider submissions and deliberate on the Policy review. It passed the following resolutions:

Moved (Cr Christine Garey/Cr Marie Laufiso):

That the Subcommittee:

 

 

a)        Recommends that Council retains the existing Gambling and TAB Venue policy which has a sinking lid approach to the number of venues and gambling machines in Dunedin with the deletion of section 1.2.3 and the following amendment to Section 1.2.4 to read:

1      Council may permit the relocation of existing class 4 venues where the premises cannot continue to operate at that site.  Examples of such circumstances include the following:

1.2.4.1      Fire

1.2.4.2      Natural disaster

 

             Division

The Council voted by division:

 

For:                 Crs Christine Garey and Marie Laufiso (2).

Against:        Cr Jules Radich (1).

Abstained:   Nil

 

The division was declared CARRIED by 2 votes to 1.

 

Motion carried (RSCCC/2021/001)

Moved (Cr Christine Garey/Cr Marie Laufiso):

That the Subcommittee:

b)        Recommends that Council lobby Central Government through LGNZ to establish a more sustainable model of funding for community organisations to replace the reliance on gambling proceeds.

 

             Motion carried (RSCCC/2021/002)

Subcommittee observations

25        The Subcommittee recommendations are in response to submissions and to meet the purpose of the Act in Dunedin. In making these recommendations, the Subcommittee notes the following:

·        The submissions and presentations were comprehensive and of high quality.

·        Although the rate of problem gambling in Dunedin appears to be low, there are varying statistics and views including that many problem gamblers do not seek help as readily as those with other addictions. The impacts of problem gambling are estimated to affect seven people for every problem gambler.

·        While the numbers of both ‘pokie’ machine venues and EGMs has declined since Dunedin’s first Gambling and TAB Venue Policy, there has not been a corresponding decline in the amount spent on these machines. Therefore, there has been no decrease in the amount of money available for community funding in the Dunedin district.

·        Funding from the proceeds of gambling is a critical source of revenue for many community organisations.

·        There is a social disconnection between the source of community funds from gambling proceeds and the community benefits for which these provide.

·        There is a lack of alternative sustainable funding for many community organisations and there is a need for a more sustainable model that does not rely on gambling proceeds.

·        There appears to be a disproportionate amount of gambling proceeds going to male-oriented sports organisations.

Retain the sinking lid

26        The recommendation is to retain the sinking lid approach to the number of ‘pokie’ machine venues and gambling machines in Dunedin. This aims to prevent and minimise harm from gambling, including problem gambling, and to control the growth of gambling.

Club gambling venues

27        The recommendation to remove references to club gambling venues aims to clarify the Policy. There are currently no club venues licenced to have EGMs in Dunedin nor have there been any during the time the Policy has been in effect. This section of the Policy which specifies the conditions for two or more clubs merging is therefore considered redundant and could be confusing to retain.

Relocation policy

28        The recommendation to reword the relocation policy in section 1.2.4 of the Policy aims to clarify when consent may be permitted for relocating an existing ‘pokie’ machine venue. The proposal is that relocation may be permitted only when premises cannot continue to operate on the site if it becomes uninhabitable e.g. fire or natural disaster. The aims of being more specific with this wording are to prevent and minimise harm from gambling, including problems gambling, and to control the growth of gambling.

Lobby central government

29        The recommendation to lobby central government for more sustainable funding options acknowledges that there is a lack of sustainable funding options, apart from the proceeds of gambling, for many community organisations.

30        It is the Subcommittee’s view that community organisations should not have to rely on gambling proceeds and that central government has a role in ensuring community organisations have appropriate levels of alternative funding to carry out their functions.

Racing Industry Act

31        Since the last review of the Policy, the Racing Act 2003 has been replaced with the Racing Industry Act 2020. While the Policy meets requirements of the Racing Industry Act, references to the Racing Act within the Policy have been amended to reflect this change.

OPTIONS

32        Options are to accept the Subcommittee recommendations or to refer the Policy back to the Subcommittee for further consideration.

Option One – Accept recommendations of the Subcommittee (Recommended Option)

 

33        This option is to retain the existing Gambling and TAB Venue Policy which has a sinking lid approach to the number of venues and gambling machines in Dunedin, with the amendments relating to club gambling venues and the relocation policy, as described.

Advantages

·    Controls the growth of gambling in Dunedin

·    Prevents and minimises harm from gambling, including problem gambling

·    Addresses issues raised by problem gambler treatment providers and other submitters

Disadvantages

·        Potential loss of community funding for community organisations over time

·        Does not address all issues raised by community organisations

·        Benefits to the community from gambling proceeds could be more limited over time

·        Potential social benefits from gambling could be more limited over time.

Option Two – Refer the Policy back to the Subcommittee for consideration

34        If the Council decides not to accept the recommendations of the Subcommittee, this option is for the matter to be referred back to the Subcommittee for further consideration.

Advantages

·        The Subcommittee has further opportunity to consider changes to the Policy.

Disadvantages

·        No known disadvantages.

NEXT STEPS

35        If the Council accepts the Subcommittee recommendations, the amended Policy will be sent to the Secretary of Internal Affairs, as required by the Act. Staff will write to LGNZ requesting it to lobby central government in relation to more sustainable funding options for community organisations. The Dunedin City Council website and internal systems will also be updated to reflect the amended Policy.

 

Signatories

Authoriser:

Christine Garey - Chairperson, Regulatory Subcommittee

Attachments

 

Title

Page

a

Proposed 2021 Gambling and TAB Venue Policy

125

b

Tracked changes to 2018 Gambling and TAB Venue Policy

128

c

Minutes of Hearings and Deliberations

131

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

This decision promotes the economic well-being of communities in the present and for the future.

 

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The Policy contributes to the Social Wellbeing Strategy priorities of vibrant and cohesive communities, connected people, and safe and healthy people. It also contributes to the Spatial Plan priority of a liveable city – a safe and healthy environment.

Māori Impact Statement

It is a legal requirement to provide notice of the proposed policy to organisations representing Māori in the area and this was part of the community engagement plan. Māori and Pasifica are disproportionately represented in problem gambling statistics.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial considerations.

Significance

This report is considered low in terms of the Council’s Significance and Engagement Policy. However, it is recognised that community views on gambling are strong and polarised.

Engagement – external

Consultation for was carried out using the special consultative procedure as outlined in the Local

Government Act. The Gambling Act requires this method of consultation.

Engagement - internal

There has been internal engagement with staff from Governance, In-house Legal Counsel, and Customer and Regulatory Services.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

Community Boards were advised of the review and invited to submit.

 

 


Council

13 April 2021

 

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Council

13 April 2021

 

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13 April 2021

 

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Council

13 April 2021

 

Resolution to Exclude the Public

 

 

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

 

General subject of the matter to be considered

 

Reasons for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

 

Reason for Confidentiality

C1  Confirmation of  the Confidential Minutes of Ordinary Council meeting - 30 March 2021 - Public Excluded

S7(2)(h)

The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

S7(2)(g)

The withholding of the information is necessary to maintain legal professional privilege.

 

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

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.

 

.

 

C2  Confidential Council Actions from Resolutions at Council Meetings

S6(a)

The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6.

 

C3  Director Remuneration - Dunedin City Holdings Limited Group Companies

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)(b)(i)

The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This report is confidential becasue the information contained in this report remains confidential until Council has determined the level of fees and advised Dunedin City Holdings Limted of the outcome at which point the information can be made public..

C4  CEO Key Perfomance Indicators

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).

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.

 

9   The Future of Dunedin Railways Limited

Attachment C

S7(2)(i)

The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

 

S48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

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.