Agenda of Council - 3 00 2021

Council

3 September 2021

Reports

Submission to ORC Regional Policy Statement 2021

Department: City Development

EXECUTIVE SUMMARY

1 Otago Regional Council (ORC) is required to prepare and notify a new Regional Policy Statement and for this document to be operative by 1 April 2022.

2 The new Regional Policy Statement must comply with the National Planning Standards (including e-planning) and take account of a range of new or amended national guidance (national policy statements and national environmental standards) and legislation that has developed since the Otago Regional Policy Statement 2019 was originally developed.

3 On 26 June 2021, the ORC released its Proposed Otago Regional Policy Statement 2021 (RPS) which will replace the partially operative Otago Regional Policy Statement 2019. Submissions on the RPS close on Friday 3 September 2021.

4 The purpose of the report is to seek approval for a Dunedin City Council (DCC) submission on the RPS (Attachment A). The format of submission is prescribed by regulation (Form 5 of the Resource Management Regulations 2003).

5 The DCC submission highlights a number of concerns regarding the following key matters:

a) Providing a framework that allows DCC to deliver infrastructure to support growth;

b) Not conflicting with the DCC direction on Urban Growth;

c) Taking a collaborative approach with local authorities;

d) Defining clear and consistent roles and responsibilities;

e) Use of appropriate policy language that ensure objectives can be balanced rather than read in isolation;

f) Reduction of duplication with other legislation, and acknowledgment of future anticipated significant changes to legislation that could impact the RPS and lower order plans;

g) Focusing on regional issues;

h) Not reopening topics that were recently settled in the partially operative RPS 2019 and or through the 2GP; and

i) Acknowledging that there are other significant changes to legislation (e.g. National Policy Statement for Indigenous Biodiversity, National Policy Statement for Highly Productive Land, Natural and Built Environments Act, etc.) that are likely to have a significant impact on the content of the RPS and that the RPS provides for that input at the appropriate time.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, to the ORC on the Proposed Otago Regional Policy Statement 2021.

b) Authorises the Chair of the Planning and Environment Committee or his delegate to speak to the DCC submission at the Hearings.

c) Authorises the Chief Executive to make any minor editorial changes to the submission to ensure consistency of language.

BACKGROUND

6 The Regional Policy Statement is a high-level policy framework for sustainable integrated management of Otago's resources.

7 It is a requirement of the Resource Management Act (RMA) that Regional Councils must always have a regional policy statement to achieve the purposes of the RMA, by providing an overview of:

a) The resource management issues of the region; and

b) Policies and methods to achieve integrated management of the natural and physical resources of the whole region.

8 The Resource Management Act establishes a hierarchy of policy statements and plans which seek to give substance to achieve the sustainable management purpose of the Act. This hierarchy of planning instruments is comprised of:

a) National Policy Statements (e.g. the New Zealand Coastal Policy Statement).

b) National Environmental Standards (e.g. NES for Freshwater).

c) National Planning Standards

d) Regional policy statements.

e) Regional plans.

f) District plans

9 Regional and district plans which must ‘give effect to’ a regional policy statement once operative. Therefore, it is important the DCC submit on the RPS as it:

a) Can have a strong influence on the DCC’s District Plan content and work programme by directing DCC to instigate or adjust plan changes to align with it;

b) Sets the framework for regional plans which contain rules that govern DCC activities through its regulatory functions and responsibilities under the RMA and other legislation, including as an infrastructure provider (e.g. municipal water supply and wastewater discharge); and

c) Details the roles and responsibilities of both District and Regional Councils in giving effect to the Regional Policy Statement, which can move responsibility from one authority to another and determine where activities are managed by both (within the framework set by Sections 30 and 31 of the RMA).

10 The ORC undertook consultation on the draft RPS from February 2020 using online surveys and reference groups, as well as incorporating feedback from other related consultation processes.

11 Clause 3 and Clause 4A under Schedule 1 of the Resource Management Act 1991 requires key stakeholders are given the chance to review the draft RPS before formal notification. This Statutory consultation took place in April and May 2021 through which DCC staff provided informal feedback.

12 The RPS was formally notified on 26 June 2021, with submissions closing on Friday 3 September 2021.

Freshwater planning process

13 Usually a proposed Regional Policy Statement would be processed in accordance with the First Schedule to the RMA and follow a notification, initial submissions, further submissions, hearing, decisions and then appeals order.

14 The Resource Management Amendment Act 2020 introduced the freshwater planning process to the RMA. The freshwater planning process was introduced to enable Regional Councils to make changes to their freshwater plans in a robust but more efficient way than the current RMA Schedule 1 planning process.

15 The ORC has determined that the whole of the RPS 2021 is a freshwater planning instrument and therefore will be subject to the freshwater planning process set out in Section 80A of the RMA. The following statements are excerpts from the ORC public notice for the RPS:

“The RPS is considered to meet the requirements of Section 80A(2)(a) and 80A(2)(b) of the Resource Management Act 1991 because the Chapters of the RPS 2021 are either giving effect to any national policy statement for freshwater management or relate to freshwater.

The single purpose of the Resource Management Act 1991 is to promote the sustainable management of natural and physical resources. That purpose can only be achieved through an integrated approach to the task of managing those resources. The RPS 2021 has been prepared to achieve that outcome. To not have it considered a freshwater planning instrument would be to defeat that purpose.”

16 The following is an outline of the rest of the freshwater planning process set out in Part 4 of Schedule 1 of the RMA:

a) the Chief Freshwater Commissioner must convene a freshwater hearings panel to conduct the public hearing of submissions on the freshwater planning instrument:

b) the freshwater hearings panel must conduct the public hearing of submissions in accordance with its powers and the procedures set out in Part 4 of Schedule 1:

c) after the public hearing of submissions is concluded, the freshwater hearings panel must make recommendations to the regional council on the freshwater planning instrument:

d) the regional council may accept or reject any recommendation. However, —

i) the regional council must provide reasons for rejecting a recommendation; and

ii) a person who made a submission on the freshwater planning instrument may make an appeal in accordance with subpart 2 of Part 4 of Schedule 1.

17 Appeal rights are limited compared to the standard process. Avenues for appeal depend on whether the ORC accepts or rejects the panel’s recommendation. If the ORC accepts the recommendation, an appeal is available to the High Court on a point of law, and a further appeal to the Court of Appeal (subject to leave being granted). If the ORC rejects the recommendation, a merit appeal is available to the Environment Court, and a further appeal on a point of law to the High Court. There is no ability to appeal to the Supreme Court.

DISCUSSION

18 Staff have prepared a DCC submission on the RPS. The DCC submission highlights a number of concerns regarding the following key matters:

a) The RPS must provide a framework that will allow DCC to deliver infrastructure to support growth in the city in an efficient and effective manner;

b) The RPS direction on urban growth must not conflict with those in the Dunedin City District Plan;

c) The RPS should take a collaborative approach with territorial local authorities on matters where there is shared responsibility under the RMA e.g. natural hazards and climate change;

d) That the RPS provides clear and consistent direction on roles and responsibilities, particularly regarding how regionally significant issues will be addressed into the future;

e) Use of directive strong policy language with no or incomplete qualifiers which may not allow matters to be appropriately balanced, for example policies that use “avoid” or “enable”;

f) That the RPS does not duplicate (or duplicate without acknowledgement) policies that are established in other legislation or national planning documents e.g. the New Zealand Coastal Policy Statement (2010);

g) That the RPS should focus on regional issues e.g. regional transport, rather than local issues e.g. provisions for commercial, industrial or rural residential activities;

h) Where possible (with the exception of freshwater management) the RPS does not attempt to reopen topics that were recently settled in the partially operative RPS 2019 and or through the 2GP; and

i) That the RPS acknowledges that in the near future there other significant changes to legislation (National Policy Statement for Indigenous Biodiversity, National Policy Statement for Highly Productive Land, Natural and Built Environments Act, etc.) that are likely to have a significant impact on the content of the RPS and that the RPS provides for that input at the appropriate time.

19 Please note that the RPS includes appendix APP10 – ‘Housing bottom lines’ which includes Table 10: Bottom lines for development capacity for Tier 2 urban environments. This is to be populated as soon as practicable following the publication of a relevant Housing Capacity Assessment. The relevant numbers for Dunedin from the Housing Capacity Assessment for Dunedin City (DCC, July 2021) report are as follows:

Tier 2 Urban Environment

Short-Medium Term

(0-10 years)

Long Term

(11-30 years)

Dunedin

4,852 (5,822*)

9,645 (11,334*)

*This reflects the projected new dwellings required plus the market competitiveness margins of 15-20%, as required by the NPS-UD.

OPTIONS

20 While there is always the option for DCC to not submit on the RPS, staff can identify no reason not to.

21 Staff advice is that the RPS is too important not to make a submission on and recommend that DCC approves the DCC submission (attachment A), with any amendments.

22 The DCC submission provides an opportunity to highlight areas of concern with the RPS. To complete this submission, staff from several areas of Council have had the opportunity to provide input into the DCC submission to provide the DCC the best opportunity and ability to influence outcomes for our communities.

NEXT STEPS

23 The submission has been compiled in a relatively short timeframe and with input from a number of Council departments. Approval is sought for the Chief Executive to make minor editorial changes to the submission to ensure consistency of language.

24 Staff will send the DCC’s submission on the Proposed Otago Regional Policy Statement to the Otago Regional Council by 3 September 2021.

25 The Council will have the opportunity to make a further submission in support of, or in opposition to, a submission point. The RMA requires a two-stage submission process on policy and plan development; namely, (i) a submission stage, and (ii) a further submission process, when there is an opportunity to make further submissions on the original submissions.

26 The date for hearing of submissions is yet to be advised.

Signatories

Author:

Paul Freeland - Senior Planner

Authoriser:

Anna Johnson - City Development Manager

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Draft Submission to ORC RPS 2021	27

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The decision to lodge a submission enables democratic local decision making and action on behalf of communities, by highlighting to the ORC issues of local concern.

This decision also relates to providing regulatory functions as addressed in the report.

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 RPS does not contribute directly to the strategic framework. However, as District Plans must give effect to the Regional Policy Statements, it has direct implications for the Council's Second Generation District Plan.

Māori Impact Statement

The development of the RPS includes Māori specific considerations. Aukaha were a key stakeholder involved in the reference groups and statutory consultation undertaken by ORC prior to formal notification. Given the timeframe constraints for submission feedback, staff have been unable to consult with mana whenua and mataawaka on the impacts that may result from a decision to approve the DCC submission.

Sustainability

The RPS is a high level policy framework for sustainable integrated management of Otago's resources and identifies the regionally significant issues that are addressed by that framework.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

While the decision to submit has no implications for the LTP, some of the methods proposed in the RPS could create an increased expectation of action by Council.

Financial considerations

There are no known financial implications.

Significance

This decision is considered to be of low significance when assessed against the Significance and

Engagement Policy.

Engagement – external

There was no external engagement on this report.

Engagement - internal

Staff from 3 Waters, Waste, City Development, Transportation Planning, and Corporate Policy have had input into the draft submission.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Application of the RPS will impact all areas of the community including those covered by Community Boards.

Council

3 September 2021

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Council

3 September 2021

Concession Licence for Waikouaiti Golf Club Incorporated

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Waikouaiti Golf Club Incorporated (“the golf club”) for a Concession Licence to operate the Waikouaiti Golf Course situated at 210 Edinburgh Street, Waikouaiti on land being part of the Waikouaiti Domain.

2 Waikouaiti Domain is:

a) Owned by the Crown and held by the Department of Conservation (DOC) as Recreation Reserve.

b) Controlled and managed by the Council on behalf of the Minister of Conservation.

3 Due to the legislative status of the Waikouaiti Domain, a non-commercial concession licence, rather than a lease, pursuant to the Reserves Act 1977 is required in this case.

4 Council is authorised to decide, on behalf of the Minister of Conservation, whether it will grant a Concession Licence to the golf club in respect of part of the Waikouaiti Domain.

5 The golf club is seeking a new concession licence for a fifteen-year term. Public notification has been undertaken with no submissions received.

6 This report recommends that a Concession Licence be granted upon similar terms and conditions to those of the previous licence, which reflect terms for concessions used by the Department of Conservation (DOC) in relation to Crown owned reserves.

RECOMMENDATIONS

That the Council:

a) Grants, under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to section 59A (1) of the Reserves Act 1977 (in accordance with Part 3B Conservation Act 1987), a Concession Licence in respect of part of the Waikouaiti Domain to Waikouaiti Golf Club Incorporated, upon the terms and conditions outlined in this report.

b) Notes that public notification of the proposed Concession Licence has been undertaken and that no submissions were received.

BACKGROUND

7 The golf club has operated its club and facilities from the same area of the Waikouaiti Domain since 1963. The club has a current membership of 118 and hosts around 700 visiting golfers each year. Golf is played on the course in daylight hours all year round.

8 Previously, the golf club held a fourteen year concession licence which commenced on 1 March 2007 and expired on 28 February 2021. The golf club has continued in occupation of the land since the licence expiry with the support of Council’s Parks and Recreation staff.

Current Application

9 The golf club is applying to Council for a Concession Licence to continue its occupation of part of Waikouaiti Domain. The application relates to the land shown on the aerial photo attached as Attachment A. The application is for the establishment and operation of a golf course and clubhouse and activities related to the operation of a nine hole golf course.

10 The golf club maintains the golf course as an open green space with members of the public able to play golf on the course according to the rules of the game and subject to the golf club’s rules for the management and control of the golf course and the conduct of persons participating in golf.

Land Status and Ownership

11 The land on which the golf course is located is at 210 Edinburgh Street, Waikouaiti. It is owned by the Crown but controlled and managed by the Council on behalf of the Minister of Conservation.

12 The legal description for the land occupied by the golf club is parts Section 1, and Section 2, Block LXXIV Town of Hawksbury and comprises 58.5413ha in total. The land is part of the Waikouaiti Domain and administered as recreation reserve subject to the Reserves Act 1977 (New Zealand Gazettes 1888 page 1347 and 1966 page 604).

13 The golf club occupies and has applied for a concession licence for approximately 21.72ha of the Waikouaiti Domain, as shown on Attachment A.

Council's authority for considering the Golf Club's Concession Licence Application

14 Under section 59A (1) of the Reserves Act 1977, the Minister of Conservation may, in accordance with Part 3B of the Conservation Act 1987, grant a Concession Licence in respect of any reserve vested in the Crown.

15 The Minister of Conservation has delegated her powers under section 59A (1) of the Reserves Act 1977 to local authorities where the local authority has the control and management of a reserve. This delegation is in the Instrument of Delegation dated 12 June 2013.

Use of DOC's Concession Licence methodology

16 The processing of this Concession Licence is being managed by Council under its delegated authority from the Minister of Conservation. Council officers are using the same concession licensing approach that would be used had DOC processed the application and been the grantor of the proposed Concession Licence. Rent however is being assessed using Council’s usual Reserves Rent Formula which is adopted for its leases to sport, recreation and community groups occupying reserve or park land.

17 The alternative would have been to request DOC to undertake the processing of this concession application, although Council is not bound to do so. That approach may have incurred additional time and cost implications.

Relevant Reserve Management Plans

18 The Reserves Management Plan – General Policies (March 2005) covers all basic issues of the day-to-day administration of reserves managed by Council including that part of the Waikouaiti Domain occupied by the golf club.

19 There is no specific management plan for this part of the Waikouaiti Domain.

Part 3B of the Conservation Act 1987

20 In deciding whether to grant a non-commercial Concession Licence under section 59A (1) of the Reserves Act 1977, Council must act in accordance with Part 3B of the Conservation Act 1987.

21 Under Part 3B of the Conservation Act 1987:

a) With limited exceptions, no activity shall be carried out in a conservation area unless authorised by a concession.

b) The Council must publicly notify a Concession Licence for a term (including renewals) of more than ten (10) years.

c) The Council may publicly notify a Concession Licence for a period of ten (10) years or less if it considers it appropriate to do so.

d) In considering an application for a Concession Licence, the Council shall have regard to the matters set out in section 17U of the Conservation Act 1987, including the nature of the activity, the type of structure to be constructed if any, the effects of the activity and any measures that can reasonably and practicably be undertaken to avoid, remedy or mitigate any adverse effects of the activity.

e) The Council must not grant a Concession Licence to build a structure where it is satisfied that the activity could reasonably be undertaken in another location or the activity could reasonably use an existing structure or facility.

22 If the Council grants a Concession Licence, there is no additional requirement to obtain the Minister of Conservation's consent.

Potential Effects on the Reserve

23 As this is a long established existing use and the concession licence sought is for activities of the same type and scale and intensity as previously, any potential adverse effects would be minimal. The nature of the activity is such that generally public access is not interrupted. The key exception is that members of the public wanting to play golf are required to do so according to the rules of play set by the golf club.

24 The golf club provides a recreational opportunity which is common in rural communities and which makes use of a large expanse of recreational land for which other uses, aside from stock grazing, would be difficult to find.

25 The Council's Parks and Recreation Team considers that the existence and operation of the Waikouaiti Golf Club on the recreation reserve is an acceptable use, with effects of the activity considered to be minimal, and reversible should the golf club cease.

Proposed Concession Licence Terms and Conditions

26 Council officers have prepared a draft Concession Licence using DOC's standard Concession Licence form (Attachment B).

Key Elements

27 The key elements of the proposed Concession Licence are:

Statute Section 59A (1) of the Reserves Act 1977, in accordance with Part 3B of the Conservation Act 1987.

Concessionaire Waikouaiti Golf Club Incorporated

Land/Reserve Part Waikouaiti Domain located at 210 Edinburgh Street, Waikouaiti

Purpose Concession Licence authorising the establishment and operation of a Golf Course and clubhouse and activities related to the operation of a nine hole golf course.

Term Ten (10) years from 1 March 2021

Renewal Five (5) years from 1 March 2031

Final Expiry Date 28 February 2036

Annual Licence Fee $3,282.00 plus GST payable in quarterly instalments, commencing from 1 July 2021

Fee Review Dates: Yearly on 1^st July, in line with the percentage increase or decrease of the Dunedin City Council general and community services rates.

Public Notification Requirements

28 Given that the proposed Concession Licence is for a total term of more than 10 years (10 + 5), Council was required to publicly notify the intention to Grant a Concession Licence to the golf club. That notification was undertaken between 2 June 2021 and 16 July 2021 with a Notice in the Otago Daily Times. No submissions were received.

OPTIONS (council as administering body and acting under delegation from the minister of conservation)

29 While Council could elect to refer this Concession Licence application to the Minister of Conservation (DOC) for a decision, Council officers have not considered this option in any detail as Council has been appointed to control and manage the reserve and has the delegation from the Minister to make this decision. A referral to DOC would mean additional cost and time delay for the golf club.

Option One – Recommended Option

30 That the Council grants, under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to section 59A (1) of the Reserves Act 1977 (in accordance with Part 3B Conservation Act 1987), a Concession Licence in respect of part of the Waikouaiti Domain to Waikouaiti Golf Club Incorporated, upon the terms and conditions outlined in Attachment B of this report.

31 Notes that public notification of the proposed Concession Licence was undertaken as the recommended Concession Licence is for more than ten years, and there were no submissions received.

Advantages

· Being manged as public recreation reserve, there presently are no other intended uses for the area of Waikouaiti Domain occupied by the golf course since 1963.

· The Concession Licence would allow the public to continue to participate in the sport of golf at the Waikouaiti Domain.

· The concession will not adversely affect the condition of the Waikouaiti Domain where the golf course is located as it is a long established recreational activity on the reserve.

· The public generally would not be adversely affected in their appreciation and enjoyment of the reserve.

· Granting the concession will ensure that the golf club continues to manage and maintain the area in a tidy state suitable for the sport of golf.

Disadvantages

· Should Council have a need for the land for another purpose, then the requirements for seeking termination of the concession licence would need to be activated.

Option Two – Do Not Grant the Concession

32 That the Council does not grant, under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to section 59A(1) of the Reserves Act 1977 (in accordance with Part 3B Conservation Act 1987), a Concession Licence in respect of part of the Waikouaiti Domain to Waikouaiti Golf Club Incorporated.

Advantages

· None identified.

Disadvantages

· The part of Waikouaiti Domain occupied by the golf course would revert to pasture and Council would need to look at how it would effectively manage this large area. A grazing licence is the most likely option given there is no immediate requirement for the reserve land to be used differently.

· There is the potential for adverse publicity as a result of the Council (in its capacity as the administering body of the reserve) reaching a decision which would result in the loss of a long established and valued community recreation and social facility.

NEXT STEPS

33 If the Council approves the granting of this Concession Licence, Waikouaiti Golf Club Incorporated will be advised of the decision and offered a Concession Licence. Subject to acceptance by the golf club, the concession can then be finalised prior to arranging for it to be executed by both parties.

Signatories

Author:

Owen Graham - Senior Leasing and Land Advisor

Authoriser:

Scott MacLean - Group Manager Parks and Recreation

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Waikouaiti Golf Club Concession Licence area	131
⇩b	Draft Concession Licence Waikouaiti Golf Club	132

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 supports the social well-being of a small local 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 concession is for the operation of a golf course in the small community of Waikouaiti. This recreation activity contributes to both the Social Wellbeing and Parks and Recreation Strategy.

Māori Impact Statement

There are no known impacts for Maori.

Sustainability

The golf course concession activity has a low impact on the Waikouaiti Domain having been established here since 1963. It is not expected to have any significant long-term implications (economic, social, and environmental) provided the terms of the concession are being met.

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

Waikouaiti Golf Club Inc. has met all its financial obligations to Council under its previous concession arrangements. An annual concession fee in line with Council’s reserves rent formula will continue to be payable. There are no financial implications for Council.

Significance

This decision is of low significance in terms of the Council's Significance and Engagement Policy.

Engagement – external

The proposal to grant a concession licence has been the subject of public notification and did not attract any submissions.

Engagement - internal

Parks and Recreation staff have been involved during the public notification phase and this Concession Licence stage. Council’s In-house Legal Team has reviewed the Report and draft Concession Licence.

Risks: Legal / Health and Safety etc.

There are no risks associated with the decision. All work that affects the reserve needs to be approved by Council.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Waikouaiti Domain is part of a Waikouaiti Coast Community Board area. The proposed concession Licence has been discussed with the Chair of the Board who supports granting the Licence.

Council

3 September 2021

Non-trading Council Controlled Organisations - Application for Exemption

Department: Corporate Policy

EXECUTIVE SUMMARY

1 An exemption is sought under section 7(3) of the Local Government Act 2002 for non-trading Council Controlled Organisations from the requirement to fulfil reporting and other requirements imposed by the Local Government Act 2002.

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

RECOMMENDATIONS

That the Council:

a) Grants an exemption under section 7 of the Local Government Act 2002 to each of the companies named below, whilst they are not being used for any trading:

i) Tourism Dunedin Limited;

ii) Dunedin Events Limited;

iii) Dunedin Visitor Centre Limited;

iv) Otago Power Limited; and

v) Lakes Contract Services Limited.

BACKGROUND

3 The Local Government Act 2002 section 7(3) provides for Council, by resolution, to exempt small organisations from being a Council Controlled Organisation and, therefore, making them exempt from the reporting and other requirements of the Local Government Act 2002.

4 At various times Council has approved the establishment of shelf companies. These companies have been established as Council Controlled Organisations. The shelf companies were registered only for the purpose of securing the names. None of the companies are presently engaged in a trading activity. However, they are still required to comply with the reporting and other criteria imposed on Council Controlled Organisations by the Local Government Act 2002. This includes the obligation to prepare an annual statement of intent.

5 Section 7 of the Act allows the Council to exempt a small Council Controlled Organisation that does not trade. The effect is that for the period of the exemption it is not in fact a Council Controlled Organisation for the purposes of the Act. The period of the exemption can only last for three years and the current exemption is due to expire.

DISCUSSION

6 Council is required to take into account the following matters:

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

b) The costs and benefits, if an exemption is granted, to the Council, the companies and the community.

7 As the shelf companies are not undertaking any activities, if the exemption was not approved there would be additional administrative costs associated with the companies. It is therefore recommended that Council grant the exemption.

OPTIONS

8 There are no options.

NEXT STEPS

9 The exemptions will be reconfirmed in 2024.

Signatories

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

Attachments

There are no attachments for this report.

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

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 New Zealand Sports Hall of Fame Update	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C2 Centre of Digital Excellence (CODE)	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3 New Zealand Masters Games Appointment of Trustees	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

Author:	Clare Sullivan - Manager Governance
Authoriser:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy)

	Title	Page
⇩a	Councillor Register of Interest	7
⇩b	Executive Leadershp Team Register of Interest	17