Agenda of Council - 27 00 2021

Council

27 October 2021

Community Housing Growth - Update

Department: Property

EXECUTIVE SUMMARY

1 The purpose of this report is to update Council on plans to build more community housing in Dunedin, following the allocation of $2m per annum through the 10 year plan.

2 Developing new sites, increasing density at existing sites, and partnering with other social housing providers will provide opportunities to build more community housing units in Dunedin.

3 Staff are undertaking a review of Council owned land that is suitable for developing, and from that a 10 year programme of work will be developed.

RECOMMENDATIONS

That the Council:

a) Notes the Community Housing Growth update.

BACKGROUND

4 On 31 May 2021 Council resolved the following;

Moved (Mayor Aaron Hawkins/Cr David Benson-Pope):

That the Council:

c) Decides that the Council include $20 million in the 10 year plan to build more community housing, being $2 million per annum over the 10 year period.

Division

The Council voted by division:

For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Marie Laufiso, Jim O'Malley, Jules Radich, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (11).

Against: Crs Carmen Houlahan, Mike Lord, Lee Vandervis and Andrew Whiley (4).

Abstained: Nil

The division was declared CARRIED by 11 votes to 4

Motion carried (CNL/2021/092)

5 In addition to the work to build more community houses, work is also underway to make all units compliant with the Residential Tenancies (Healthy Homes Standards) Regulations 2019, which require minimum standards of heating, ventilation, insulation, and draft exclusion in all tenancies.

6 All units must meet the Healthy Homes Standards by 1 July 2024, with any new tenancy from 1 July 2021 required to meet the Healthy Homes Standards within 90 days of the new tenancy commencing. Progress on this will be reported to the Infrastructure Services Committee through the Property Services Quarterly Activity Reports.

DISCUSSION

7 DCC currently has 937 community housing units. As a result of Councils decision to allocate $20m for new community housing development as part of the 10 Year Plan, Property services took the opportunity to increase the number of units on the redeveloped Palmyra site by two. This, combined with the additional one unit at School Street, means the portfolio will increase to 940 in early 2022.

8 Council has two main options to directly build more community housing; increase density by building more units on existing sites, or develop new sites through greenfield and brownfield developments.

9 Brownfield development is land in urban areas previously developed where supporting infrastructure already exists. This includes waste and stormwater services and roads. Greenfield development is done on land that has not been previously developed, usually further from the CBD.

10 There are also options to partner with other agencies to enable more social housing in the city. Working in partnership may increase the overall number of social housing units in Dunedin, without necessarily increasing the number of DCC-owned community housing units.

11 New and redeveloped sites will be built with universal design concepts. This will support independent living options and Council’s decision in September 2021 to prioritise people that are physically disabled and require an accessible home.

NEW SITES

12 Staff are undertaking a review of DCC owned land that may be suitable for housing development. Considerations include a potential site’s proximity to amenities and community, district plan rules, and the waiting list demand profile.

13 Work to date has identified one DCC owned site that is sutiable for development. It is a short distance from the CBD, near bus routes and other amenities, and would accommodate an estimated 20 new community housing units. The construction period is estimated to run for approximately 24 months. Further commercially sensitive and confidential site information is outlined in a separate report in the confidential part of the agenda.

EXISTING SITES

14 There are also options to increase density on current DCC Community Housing sites, and where possible, upgrade the standard of existing community housing units at the same time. For example at the School Street site, nine housing units in poor condition were demolished and are being replaced with ten new housing units built to Homestar 8 standard.

15 Staff have developed a ‘Housing redevelopment assessment tool’ which has been used to determine the priority of existing sites for redevelopment.

16 This tool takes into account various factors such as the age of construction, condition and estimated life remaining of the improvements, the level of exposure of the property to known hazards, the current density of the site against development potential, the level of demand for the area and the financial performance of the site.

17 A small number of existing housing sites have adjacent vacant DCC-owned land that is ready for development. These sites are expected to be prioritised early in the programme and development planning is underway accordingly.

18 A short list of preferred existing sites for development (demolition of existing units, and rebuild new) is being prepared. Sufficient development planning has not yet taken place to specify these sites in this report.

PARTNERSHIPS

19 The Housing Action Plan Advisor will focus on responding to overall housing need in Dunedin. This includes supporting efforts for all community and social housing agencies across the city to work together to ensure a cohesive strategic approach to meeting social and community housing need.

20 The Housing Action Plan review will inform this programme of work. A Housing Action Update report will come to Community and Culture Committee.

21 Council has agreed a Heads of Agreement with Kāinga Ora to explore the possibility of social housing on the site at 658 Princes Street, currently occupied by Go Bus Transport Ltd.

OPTIONS

22 As this is an update report there are no options.

NEXT STEPS

23 Property Services will continue to review DCC owned land that may be suitable for housing development, which will inform a programme of work. This programme will consider the requirement for both new and existing sites to deliver more housing.

24 Property Services will continue to work with the Housing Action Plan Advisor to ensure partnership opportunities are identified as part of the Housing Action Plan.

Signatories

Author:	David Bainbridge-Zafar - Group Manager Property Services
Authoriser:	Robert West - General Manager Corporate and Quality

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report promotes the social 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	☒	☐	☐

Community housing growth is part of the Dunedin Social Housing Strategy 2010-2020 and the Housing Action Plan.

Māori Impact Statement

Partnership opportunities will be explored, and Māori housing priorities will be considered in the development of new community housing units.

Sustainability

Community housing growth supports social sustainability by catering to the needs of some of the most vulnerable members of the community. New community housing units will consider environmentally sustainable design concepts similar to the School Street project.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report responds to resolutions from the 10 year plan.

Financial considerations

$20m has been allocated to Community Housing development in the 10 year plan.

Significance

This report is considered of low significance in relation to the Significance and Engagement Policy

Engagement – external

The public were consulted on the topic of community housing growth as part of the 10 year plan process. Engagement will continue throughout the housing growth programme.

Engagement - internal

There is ongoing internal engagement and Infrastructure and Development, Community Development, Property, Infrastructure Services, and the Housing Action Plan Advisor.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Many Community Board areas have community housing located within their boundaries. Where new community houses are built will therefore be of interest.

Council

27 October 2021

DCC Submission to the Ministry for the Environment on Managing our Wetlands consultation

Department: City Development

EXECUTIVE SUMMARY

1 This report seeks approval of a Dunedin City Council (DCC) submission on the ‘Managing our wetlands’ consultation (Attachment A).

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, to the MfE on the Managing Our Wetlands discussion document on changes to wetland regulations.

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

BACKGROUND

2 National Policy Statements have the purpose of stating objectives and policies for matters of national significance, while National Environmental Standards prescribe technical standards, methods or requirements.

3 The National Policy Statement for Freshwater Management 2020 (NPS-FM) and National Environmental Standard for Freshwater 2020 (NES-F) were introduced last year.

4 The NPS-FM aims to embed long-term change to restore the health and wellbeing of waterbodies, including wetlands. The NES-F sets out the consenting pathways for certain activities in and around wetlands.

5 The Ministry for the Environment (MfE) has released the ‘Managing our wetlands’ discussion document (Attachment B) on proposed changes to the wetland regulations. The discussion document is in response to feedback from various stakeholders on how the wetland regulations could be implemented. The Managing our wetlands discussion document sets out proposals to:

· Make the definition of ‘natural wetland’ clearer to ensure that only intended areas are captured by the regulations.

· Better enable restoration activities to be undertaken and enable maintenance and biodiversity activities to be undertaken in, and around, natural wetlands.

· Provide consenting pathways for the activities of quarrying, managed fill, landfill, clean fill, mining (minerals) and urban development operations.

6 Submissions on the discussion document close on Wednesday 27 October 2021.

DISCUSSION

7 The NPS-FM (Clause 3.22(4)) for natural inland wetlands requires:

Every regional council must make or change its regional plan(s) to include objectives, policies, and methods that provide for and promote the restoration of natural inland wetlands in its region, with a particular focus on restoring the values of ecosystem health, indigenous biodiversity, hydrological functioning, Māori freshwater values, and amenity value.

8 The NES-F in the Natural Wetlands section lists standards for a variety of activities which are anticipated in or near natural wetlands. Landfills, mining, and urban expansion are not provided for.

9 There is a natural tension between protecting the environment and providing for development. This was evident in the draft Natural and Built Environments Bill exposure draft which DCC submitted on in August 2021. NES and NPS which will require changes to regional and district plans need to balance the improved protection of the environment with the need to provide for the on-going social, economic and cultural well-being of people and communities.

10 The ‘Managing our wetlands’ discussion document acknowledges that considerations of required activities such as landfills, quarrying and urban expansion were not considered when the NPS-FM and NES-F were developed and released.

11 Staff have prepared a submission on the proposed changes to the wetland regulations. The DCC submission highlights our position on the following key points:

a. Opposes the proposed change to the definition of ‘natural wetland’. The changes may make wetlands in many regions more vulnerable than before.

b. Supports the consenting pathways for a variety of activities that were not provided for when the NPS-FM and NES-F were developed and released.

c. Supports the consenting pathway for plan-enabled urban development in the district plan. This will enable urban development that is ‘plan-enabled’ for housing or for business use to proceed without needing a plan change to comply with the NES-F.

OPTIONS

12 While there is always the option for DCC to not submit on the Managing Our Wetlands discussion document, staff cannot identify any reason not to.

NEXT STEPS

13 The submission has been completed 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 submissions to ensure consistency of language

14 At the conclusion of the consultation period the MfE will report back to the Minister for the Environment on submissions received and develop final advice.

Signatories

Author:

Paul Freeland - Principal Policy Advisor

Authoriser:

Anna Johnson - City Development Manager

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	DCC Submission - Managing Our Wetlands	48
⇩b	Managing Our Wetlands - Discussion Document	52

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the environmental well-being of communities and enables democratic local decision making and action by, and on behalf of communities. This submission enables the DCC to highlight concerns to MfE about the implementation of the NPS-FM and NES-F with regard to natural wetlands and their impact on necessary development for the city.

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	☐	☐	☒

Improved management of our wetlands will contribute to good environmental outcomes. On-going poor wetland management may constrain necessary infrastructure and urban development.

Māori Impact Statement

There are no known impacts for Māori as a result of this submission.

Sustainability

The NPS-FM and NES-F may have long-term implications on infrastructure and urban development.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

While the decision to submit has no implications on the LTP, the current NPS-FM and NES-F may make it more costly to provide necessary infrastructure and provide for urban growth.

Financial considerations

There are no known financial implications as a result of this submission.

Significance

The 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, Legal and City Development 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

There are no known implications for Community Boards as a result of this submission.

Council

27 October 2021

Libraries Overdue Charges

Department: Arts and Culture

EXECUTIVE SUMMARY

1 The purpose of this report is to seek Council approval to remove charges for all overdue library items.

2 The report provides detail on the overdue charges currently levied by the Dunedin Public Libraries, their impact on borrowing and library usage, as well as trends within New Zealand for the removal of overdue charges.

RECOMMENDATIONS

That the Council:

a) Approves the removal of all charges for overdue library items and all historic debt related to overdue charges.

BACKGROUND

3 The Dunedin Public Libraries currently levies the following overdue charges on adult library members:

Overdue (per item, per day, Adult)	$0.50
Overdue Hot Picks (per item, per day, Adult)	$1.00

4 Overdue changes for children and youth library members (under 18 years of age) were discontinued from 1 July 2020.

5 Several New Zealand local authorities have already removed the charges for overdue library items including the Auckland Council, Nelson and Upper Hutt City Councils, and the District Councils in Carterton, Clutha, Masterton, Selwyn, South Taranaki, South Wairarapa, Stratford, Waikato and Waimakariri with a number of other local authorities currently considering this direction.

6 Public Libraries New Zealand (PLNZ), the body representing all New Zealand public libraries is currently undertaking a campaign for New Zealand libraries to be ‘Fine Free’ by 2025.

7 As at 30 June 2021, the Dunedin Public Libraries had a total registered membership of 107,820 comprised of 42,823 active members and 64,997 inactive members (no library borrowing in the last two years).

8 There are a number of reasons why a library membership may become inactive, for example the person has not used their library card to borrow in the last two years, they are no longer resident in Dunedin or they have accumulated charges over $15, which is the debt threshold above which borrowing is not permitted.

9 During 2020/21 there was a total of $101,740 levied in overdue charges. Of this total, $78,586 was received in payment.

DISCUSSION

10 This report recommends that library overdue charges are removed, and that all historic debt related to overdue changes is waived. This proposal excludes any library members with a total of $50 or more owing in charges for lost items or outstanding charges (for rentals, holds or overdue charges) that have been referred to debt collection.

11 The Dunedin Public Libraries would continue to charge for the replacement cost of lost or damaged items, replacement library membership cards, for ‘value added’ services such as holds, printing and photocopying, Hot Picks and recent release digital media for loan.

12 It is also proposed that the current debt threshold of $15 would remain in place to limit borrowing should items on loan be retained for more than 25 days beyond the due date. On the return of the outstanding library items, the library member can immediately recommence borrowing.

13 There is no evidence that library overdue charges are an incentive for returning items on time. The experience of libraries in New Zealand and overseas is that overdue charges are a more effective deterrent and barrier to library usage, disproportionately impacting members of the community on lower and fixed incomes.

14 New Zealand libraries are reporting an increase in borrowing since removing overdue charges. The Dunedin Public Libraries has experienced an increase in youth borrowing since overdue charges for young people were removed in July 2020. The removal of overdue charges would enable an estimated 1,017 library members with $15 or more in overdue charges to recommence borrowing.

15 The impact of removing all charges on overdue library items in the Dunedin Public Libraries is expected to include a decrease in late returns rates, an increase in overdue items returned as well as an increase in active library membership over time.

16 A ‘Fine Free’ approach will also encourage and support increased borrowing and usage of other library services, such as digital products for borrowing and reference.

17 In terms of social wellbeing, increased borrowing will support increased reading, especially for children and families, with reading well recognised as a positive contributor to mental health and educational outcomes.

OPTIONS

Option One – Recommended Option

18 The recommended option is the removal of all charges for overdue library items as well as the waiver of all historic overdue fees (excluding debt lodged with collection agencies and lost/damaged item charges.

Advantages

· Increased library borrowing

· Reduced late return rates

· Increased active library membership

· Increased library usage

Disadvantages

· Estimated reduction in fees and charges revenue of $78,586 per annum

Option Two – Status Quo

19 Option Two is to maintain the status quo and retain the current fees and charges for overdue library items.

Advantages

· Current revenue stream of an estimated $78,586 per annum is maintained

Disadvantages

· Charges continue to operate as a disincentive for the return of overdue library items

· Overdue charges continue to constrain library membership and usage

NEXT STEPS

20 Subject to Council approval of the recommended option, next steps would include:

· Develop a communication plan to advise library members and the wider Dunedin community of the removal of overdue charges.

· Action the removal of overdue charges (excluding debt lodged with collection agencies) with Kotūi, including the removal of all historic overdue charges from all library member records.

· Promote the absence of overdue charges to encourage library usage by individuals and families across the city.

Signatories

Author:	Bernie Hawke - Manager Library Services
Authoriser:	Simon Pickford - General Manager Community Services

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the social 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 removal of library overdue charges is aligned with the Arts and Culture and Social Wellbeing strategies as well as the strategic direction of New Zealand public libraries.

Māori Impact Statement

The are no known implications for Māori.

Sustainability

The proposal has no known implications for sustainability

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Reduced revenue from charges on overdue library items will negatively impact current and future revenue budgets, while favourably impacting library membership, visitation and usage.

Financial considerations

Reduced revenue from charges on overdue library items will need to be funded from general rates.

Significance

The proposal has a low level of significance in terms of Council’s Significance and Engagement Policy

Engagement – external

There has been external engagement with other New Zealand public libraries regarding the proposal.

Engagement - internal

There has been no internal engagement on the proposal.

Risks: Legal / Health and Safety etc.

There are no identified legal or health and safety risks associated with the proposal

Conflict of Interest

There are no identified conflicts of interest.

Community Boards

There are no known implications for Community Boards

Council

27 October 2021

Part Dunedin Gasworks Museum site - 20 Braemar Street - proposed easement

Department: Property

EXECUTIVE SUMMARY

1 This report discusses an application by Aurora Energy Ltd for the grant of an easement over part of the Dunedin Gasworks Museum site at 20 Braemar Street (Gasworks) and recommends the easement be granted.

2 Aurora Energy Ltd (Aurora) has an historic 1954 building on the site that currently houses outdated transformer equipment. It is proposed to undertake an upgrade by installing a new transformer and associated cables within the Gasworks, outside of the existing building. This new installation requires an easement.

3 The former Dunedin Gasworks site is a Local Purpose (Gasworks Museum) Reserve.

4 This report asks the Council to make two decisions. First, a decision in its capacity as the administering body for the reserve and second, a decision to exercise the Minister of Conservation’s delegation.

RECOMMENDATIONS

That the Council:

a) Grants as administering body of the Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of a new transformer and associated cables over that part of the Dunedin Gasworks Museum site being approximately 16m² (subject to survey) being part Lot 6, Deposited Plan 21969, part Record of Title OT13C/927.

b) Decides the criteria for 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, consents to an easement in gross to Aurora Energy Limited for the installation of a new transformer and associated cables over that part of the Dunedin Gasworks Museum site being approximately 16m² (subject to survey) being part Lot 6, Deposited Plan 21969, part Record of Title OT13C/927.

BACKGROUND

5 There is an existing 1954 substation building on the land owned by Council at 20 Braemar Street, Dunedin. That building contains outdated substation equipment. Deteriorating high-risk oil filled ring-main units will be removed and replaced by a new distribution substation. This will future proof the site and facilitate proposals to place existing overhead assets in this locality, underground.

6 Attachment A shows the area for the proposed easement and the existing equipment.

7 It is proposed to establish a new distribution substation site outside the existing substation building in the raised garden area associated with the Gasworks. The new distribution transformer shall be supplied from a new underground fused spur from a power pole located on the opposite side of Braemar Street, rather than the current fuse switch arrangement.

8 In order for this upgrade to occur, Aurora will require an easement to locate the new infrastructure within the existing garden of the Gasworks.

9 The new arrangement will allow the removal of an existing power pole located within the grounds of the Gasworks yard.

10 The existing fencing will be left undisturbed and there is future provision for a new Ring Main Unit which can facilitate future proposals to place underground, the existing overhead assets in this locality.

11 Aurora is unable to replace the equipment in the existing building. It cannot offload the electricity supply to the surrounding houses and businesses from the existing equipment. The new equipment needs to be in place first and then it can offload the electricity from the old equipment to the new equipment. The old equipment can then be removed from within the existing building.

12 Once the new transmission equipment is in place and the old equipment is removed, the building will be surplus to Aurora’s operational requirements. When Council signs the Agreement to Grant an Easement, the parties will contemporaneously sign an Agreement to transfer the building to the Council for a nominal sum.

13 There have been discussions with the Dunedin Gasworks Museum Trust (Trust) who is happy for the building to be added to its lease. The Trust would like the equipment to be removed from the building.

DISCUSSION

Land Status

14 The land is a Local Purpose (Gasworks Museum) Reserve, classified as set out in Gazette Notice 966426.1 (NZ Gazette 1999 p 1029) under the Reserves Act 1977 and registered against Record of Title OT13C/927.

15 Aurora does not currently have any registered easements on the Record of Title.

Council as the administering body

16 The Council, in its capacity as administering body of the 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.

17 Section 48 of the Reserves Act 1977 (“Section 48”) is the statutory authority for the grant of easements for public purposes. Section 48(d) specifically authorises easements for “an electrical installation or work, as defined in section 2 of the Electricity Act 1992”

The Reserves Act 1977

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

a) The reserve is vested in an administering body and is not likely to be materially altered or permanently damaged; and

b) The rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

19 In this instance the reserve will be materially altered in that the installation of the new transformer and associated cables will be relocated in the garden area of the Gasworks rather than the equipment remaining within the existing building. Accordingly, public notification was required.

Public Notification

20 A public notification process was undertaken as specified under Section 119 of the Reserves Act 1977 on the intention to grant an electricity easement over part of the Dunedin Gasworks Museum site.

21 A public notice was placed in the Otago Daily Times on Saturday 29 May 2021 advising of the proposal and asking for submissions or objections by 4.00 p.m. on Monday 28 June 2021. An information pack was placed on the Dunedin City Council website and Customers Services were advised of the consultation.

22 There were no submissions or objections received on the proposal. The requirement to publicly notify the intention to grant the easement has been fulfilled.

Relevant Reserve Management Plans

23 The Reserves Management Plan – General Policies (2005) (General Policies) covers all basic issues of the day-to-day administration of Reserves in Dunedin.

24 Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity. The easement is a replacement and upgrade of the existing facility.

25 It is also recommended that any fees be waived as part of the arrangement as Aurora will remove the then redundant transformer equipment from the existing 1954 substation building and the building will be transferred to the Dunedin City Council for a nominal sum.

Alternative Options and Merits of the proposed easement

26 While alternative options have been considered, these have been discounted for technical reasons. Relocating the Aurora assets will address existing safety concerns of aging equipment with minimal disruption to the Gasworks and the existing network.

27 The transformer building fits in with the historic Gasworks site and the Dunedin Gasworks Museum Trust is happy to take over the use of the building for part of the operations of the Gasworks. The proposal will also allow the removal of existing overhead infrastructure located within the grounds of the Gasworks. The area for the easement is relatively small, being 16m².

Interim Site Management Plan

28 The management of any excavation on the site is subject to an Interim Site Management Plan (ISMP) that Aurora will need to adhere to in terms of any excavation works within the Gasworks site.

29 Because of the ISMP requirements Aurora will need to look more closely at the cost of site establishment and may choose not to exercise its rights under the easement agreement if the cost of establishment is prohibitive.

30 Aurora is currently investigating this aspect of the project. However, because of the tight timeframes involved with the project this Report is required to be presented to Council today.

Easement terms and conditions

31 The proposed key elements of the easement include:

Statute Granted pursuant to Section 48 of the Reserves Act 1977

Grantee Aurora Energy Limited

Legal Description 16m² (subject to survey) being part Lot 6 Deposited Plan 21969, part Record of Title OT13C/927

Purpose The right to convey and transform electricity

Term In perpetuity

Rental Nil

Other Aurora will meet all costs associated with the survey of the easement area and the Council’s legal costs of preparing, executing and registering the easement.

The terms and conditions of the easement are to be finalised by Legal Counsel.

Council as the Minister of Conservation’s delegate

32 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 has been arrived at in compliance with the requirements of the Reserves Act 1977.

33 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 a 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.

34 The Gasworks is classified as a Local Purpose (Gasworks Museum) Reserve under the Reserves Act 1977. This is recorded on Record of Title OT13C/927. The Gazette Notice classification is registered as instrument 966426.1 in the historic image of the Record of Title.

35 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 on whether public notification is required.

36 The functions and purposes of the Gasworks Museum, are not adversely affected by legalising the proposed easement. The area of the easement is relatively small (16m²) considering the area of the whole reserve (3920m²). The reserve will benefit from the removal of existing overhead infrastructure and the existing 1954 substation building will become vacant to be used as part of the Gasworks site.

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

Option One – Recommended Option

37 Consent to the easement to grant the right to convey and transform electricity in favour of Aurora Energy Limited, on the terms and conditions outlined in this report.

Advantages

· The proposal allows for the removal of existing overhead infrastructure

· The proposal allows for the removal of obsolete, deteriorating, high-risk oil filled equipment.

· The Dunedin Gasworks Museum Trust is able to use the historic transformer building.

· New distribution substation equipment will be established to future proof the network.

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

Disadvantages

· Temporary disruption while the work is carried out.

· The new transformer equipment is located outside in public view.

Option Two – Status Quo

38 Do not consent to the easement to grant the right to convey and transform electricity in favour of Aurora Energy Limited, on the terms and conditions outlined in this report.

Advantages

· Avoids the temporary disruption while the work is carried out.

· The existing transformer equipment remains within the historic transformer building.

Disadvantages

· There is no removal of existing overhead infrastructure.

· There is no removal of obsolete, deteriorating, high-risk oil filled equipment.

· The Council and the Dunedin Gasworks Museum Trust is unable to use the historic transformer building.

· New distribution substation equipment will not be established to future proof the network.

NEXT STEPS

39 If the Council grants the easement, and consents to the easement as the Minister of Conservation’s delegate, the Agreement to grant the electricity easement can be executed and work can proceed.

Signatories

Author:

Maria Sleeman - Property Officer - Community and Civic

Authoriser:

David Bainbridge-Zafar - Group Manager Property Services

Karilyn Canton - Chief In-House Legal Counsel

Robert West - General Manager Corporate and Quality

Attachments

	Title	Page
⇩a	Information showing the location of the proposed easement	84

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the provision of local up to date infrastructure which assists in promoting the social 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	☐	☐	☒

The easement will result in the installation of new environmentally friendly, up-to-date, efficient, reliable electrical distribution equipment which contributes to Social Wellbeing, Economic Development and Environmental strategies. Assists with the Spatial Plan by locating the equipment in a smaller accessible space and supports the requirements of the Parks and Recreation Strategy for Network Utility Operators.

Māori Impact Statement

There are no known impacts for Māori.

Sustainability

The easement will provide for new and improved infrastructure that will be sustainable for the future.

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. The proposal is consistent with the Infrastructure Strategy.

Financial considerations

No financial implications.

Significance

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

Engagement – external

Engagement has been undertaken with the Dunedin Gasworks Museum Trust members who operate the Gasworks Museum site, they are happy with the proposal. On-going liaison has occurred with Aurora Energy Limited. Public notification has been undertaken under the Reserves Act 1977 and no objections have been received on the proposal.

Engagement - internal

The Property Manager and Trade Supervisors from Property Services have been consulted on the proposal.

Risks: Legal / Health and Safety etc.

There are no material risks associated with the decision. The detailed terms and conditions of the easement document will be checked by the Council’s legal team. Any health and safety isues with regards to the proposed work will be dealt with by Aurora Energy Limited.

Conflict of Interest

No conflict of interest has been identified.

Community Boards

There are no implications for Community Boards as the land is not within a Community Board area.

Council

27 October 2021

Regulatory Subcommittee Recommendations on the Proposed Speed Limit Bylaw 2004 - Amendments 10 and 11

Department: Civic

EXECUTIVE SUMMARY

1 This report presents the recommendations of the Regulatory Subcommittee (the Subcommittee) on the proposed changes to speed limits contained in Amendments 10 and 11 of the Speed Limits Bylaw 2004 (the bylaw).

2 After considering submissions received, the Subcommittee recommended some amendments to the Bylaw as notified.

3 If approved, the new speed limits will be included in the National Speed Limits Register (the Register) due to be published on 6 December 2021.

RECOMMENDATIONS

That the Council:

a) Notes that the Regulatory Subcommittee has heard and considered submissions on the proposed Speed Limit Bylaw 2004 - Amendments 10 and 11 as notified.

b) Adopts the Speed Limits Bylaw 2004 Amendment 10 as recommended by the Regulatory Subcommittee (Attachment A).

c) Adopts the changes to Speed Limits Bylaw 2004 Amendment 11 as recommended by the Regulatory Subcommittee (Attachment C).

d) Approves a date of effect for the Speed Limits Bylaw 2004 – Amendments 10 and 11 of 6 December 2021.

BACKGROUND

Speed Limit Reviews

4 The Speed Limit Bylaw (the bylaw) dates from 2004. The overall objective of the bylaw is to set maximum speed limits for roads controlled by the Dunedin City Council. The Council is a road controlling authority (RCA).

5 The speed limit reviews (Amendments 10 and 11) were undertaken in accordance with the Land Transport: Setting of Speed Limits Rule 2017 (“the 2017 Rule”). The Council has the power under the Land Transport Act 1998 and the Local Government Act 2002 to amend bylaws to set speed limits for roads under its control.

6 The speed limits are set to what the Council considers is the safe and appropriate speed limit for a road with regard to the function/nature and use of the road, its environment, land use patterns and whether the road is an urban or a rural traffic area.

7 The DCC’s speed limit assessments are undertaken in accordance with the Waka Kotahi NZ Transport Agency (Waka Kotahi) Speed Management Guide (the guide) and the Safer Journey’s Risk Assessment Tool (MegaMaps).

8 “The 2017 Rule” formalised the approach to speed management as follows:

a) Requires Waka Kotahi to provide guidance and information about speed management for Road Controlling Authorities (RCA’s).

b) Requires RCA’s to set speed limits that are, in the RCA’s view, safe and appropriate.

c) Encourages a consistent approach to speed management throughout New Zealand.

d) Replaces the methodology of the previous 2003 Rule with assessment criteria and outcome statements based on the approach of the Guide for both permanent and variable speed limits.

e) Sets out categories of speed limits that may be set in accordance with the Rule as well as the range of possible speed limits (all multiples of 10km/h)

f) Specifies the circumstances in which a variable speed limit may be set.

9 For speed limits to come into effect, the RCA must gazette the speed limit changes to be included in the Register.

Public consultation

10 Amendment 10 (Port Chalmers) was consulted on from 12 August 2019 to 13 September 2019. Amendment 11 (citywide) was consulted on from 24 July 2020 to 20 August 2020. Both were completed in accordance with a special consultation procedure.

11 At a meeting on 28 October 2020, the Subcommittee received the feedback from two separate consultations.

DISCUSSION

Results of consultation

12 For Amendment 10 (Port Chalmers), a total of seven submissions were received during the consultation period. Two submissions were in support of the proposed changes, one was neutral and four were against the changes. The submissions against the changes sought a reduction to 30 km/h rather than the 40 km/h limit as proposed.

13 For Amendment 11 (Citywide), a total of 333 submissions were received during the consultation period. Of these submissions, 144 responses indicated support, 176 indicated opposition and 27 of the respondents were neutral.

Subcommittee findings

14 The Subcommittee met on 28 October 2020 to hear submitters and to deliberate on all the submissions received. Initially some of the amendments the Subcommittee sought to make were not consistent with “the 2017 Rule”.

15 The Subcommittee reconvened on 6 October 2021 and 12 October 2021 to reconsider amendments to Amendment 11.

16 The Subcommittee has considered the matters raised by submitters and recommended Amendment 10 with no changes, and recommended amendments to Amendment 11.

17 At the meeting on 6 October 2021, the Subcommittee decided to recommend changes to speed limits in Mt Cargill and Blackhead (on 12 October 2021).

18 The Subcommittee notes that the Setting of Speed Limits Rule 2021 is expected to be published before the end of this calendar year. At that time, the Subcommittee has requested that officers review the approach to speed setting on “high risk” rural roads with specific regard to the use of 70km/h speed limits, if permitted under the new rule.

19 In reaching their decisions the Subcommittee applied a precautionary principal; that if the future possible use of 70km/h is to be permitted by the Setting of Speed Limits Rule 2021, then reducing the 80km/h speed limit to 60km/h now would be premature. The Subcommittee wished to adopt a gradual approach to speed limit reductions in preference to a significant decrease of 20km/h at one time.

20 Attachments D, E and F are the minutes of the Subcommittee meetings.

Summary of recommended changes to the proposed bylaw

21 The Subcommittee is not recommending changes to Amendment 10 (Port Chalmers).

22 The Subcommittee is recommending a number of changes to Amendment 11 as identified in Attachment B. A clean copy of Amendment 11 is shown as Attachment C.

Date of effect

23 The Register will be published on 6 December 2021. Therefore, speed limit changes need to be approved by Council prior to being included in the Register. Speed limits need to be submitted to the Register 14 days prior to coming into effect.

OPTIONS

24 Three options are proposed. The recommended option is to proceed with the recommended changes to Speed Limit Bylaw 2004 Amendment 10 and Amendment 11. Option two is return the amendments to the Subcommittee for further consideration. Option three is the status quo.

Option one – Implement proposed speed limit changes (Recommended Option)

25 Option one recommends Council adopt the proposed Speed Limit Bylaw - Amendment 10 and Amendment 11, with speed limits to come into effect on 6 December 2021.

Advantages

· Speed in affected areas will be reduced, which will improve safety for all road users and provide a safer environment where there are high numbers of vulnerable road users.

· Lower speed limits reduce the likelihood of death or serious injury.

· Dunedin City Council will be contributing to the Road to Zero: Road Safety Strategy 2020 – 2030 goal of reducing Deaths and Serious Injuries on our roads by 40%, and will be actively working to reduce road trauma throughout the city.

· Speed limit changes are all in accordance with the changes consulted in the Statement of Proposal.

Disadvantages

· Speed changes in Amendment 10 (Port Chalmers) will not be in accordance with the majority of respondent’s feedback who preferred 30km/h speed reduction.

Option two – return the amendments back to the Subcommittee to reconsider

26 Option two is to return the amendments to the bylaw back to the Subcommittee to reconsider the recommendations.

Advantages

· The Subcommittee will be given more time to consider speed limit changes to all the roads proposed under the amendments.

Disadvantages

· The deadline to include speed limit changes in the Register would be missed.

· Speed in affected areas may not be reduced for some time, which will not improve safety for all road users and therefore not provide a safer environment in the immediate future.

· Time delays may not be well received by the communities that were supportive of speed limit changes that the Subcommittee have recommended.

Option three – Do not accept the recommendations from the Subcommittee (Status Quo).

27 Do not proceed with speed limit changes proposed as part of the DCC Speed Limit Bylaw - Amendment 10 and Amendment 11.

Advantages

· There are no known advantages.

Disadvantages

· Does not help to improve safety of all road users in the areas that have been identified as being at risk.

· Dunedin City Council will not be contributing to the Road to Zero: Road Safety Strategy 2020 – 2030 goal of reducing Deaths and Serious Injuries on our roads by 40% and will not address the issue of continued road trauma and deaths when crashes occur at speeds that are not safe and appropriate for the road environment.

NEXT STEPS

28 If the recommended changes to the Bylaw are adopted by Council, Amendments 10 and 11 to the Speed Limits Bylaw 2004, including any subsequent changes, will be sent to Waka Kotahi and the NZ Police at least 14 days prior to it coming into effect on 6 December 2021.

29 Staff will arrange for the changes in speed limits to be publicised, and the necessary changes in signage be implemented.

Signatories

Author:	Andrew Whiley - Chairperson, Regulatory Subcommittee
Authoriser:	Andrew Whiley - Chairperson, Regulatory Subcommittee

Attachments

	Title	Page
⇩a	Speed Limit Bylaw 2004 - Amendment 10	93
⇩b	Amended proposed Speed Limit Bylaw 2004 - Amendment 11	116
⇩c	Speed Limit Bylaw 2004 - Amendment 11	137
⇩d	Regulatory Subcommittee Minutes 28 October 2020	157
⇩e	Regulatory Subcommittee Minutes 6 October 2021	167
⇩f	Regulatory Subcommittee Minutes 12 October 2021	172

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision 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	☐	☐	☒

Ensuring Dunedin is a safe city is prioritised in the Social Wellbeing Strategy, Spatial Plan and Long-Term Plan as well as the Integrated Transport Strategy. Safer speeds is integral to the Road to Zero programme to reduce the number of fatal and serious injury crashes occurring on Dunedin’s road network.

Māori Impact Statement

There are no known impacts for Māori

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There is no impact on the 10-year plan or Annual Plan.

Financial considerations

Costs associated with speed limit changes are funded through the Low Cost / Low Risk safety improvement programme.

Significance

The proposed speed limit changes are considered to be of medium significance in terms of the Council’s Significance and Engagement Policy.

Engagement – external

A full special consultative procedure with engagement was used for the review of the Bylaw.

Engagement - internal

Staff and managers from Transport, Council Communications and Marketing and Legal Services, have been involved in the drafting of the proposed Speed Limit Bylaw Amendments 10 and 11.

Risks: Legal / Health and Safety etc.

The proposed speed limit changes will reduce the risk by reducing speed limits to fit the road environment.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

All of the Community Boards were invited to participate in the consultation process where speed limit changes were proposed within their areas, and their feedback has been considered by the Subcommittee.

Council

27 October 2021

Proposed Event Road Closures for November and December 2021, and January 2022.

Department: Transport

EXECUTIVE SUMMARY

1 DCC has received temporary road closure applications for the following events:

· Tribal Nations Motorcycle Parade

· Orange Parade

· Otago Sports Car Club Hill Climb – Flagstaff-Whare Flat Road

· Otago Sports Car Club Hill Climb - Three Mile Hill Road

· Rainbow Run

· Green Island Market Day

· Lighting of the Christmas Tree

· Santa Parade

· Graduation parades

· New Year’s Eve

· Brighton Gala Day

2 This report recommends that The Council approves the temporary closure of the roads concerned.

RECOMMENDATIONS

That the Council:

a) Resolves to close the roads detailed below, pursuant to Section 319, Section 342, and Schedule 10 clause 11(e) of the Local Government Act 1974:

i) Tribal Nations Motorcycle Parade

13 November 2021, from 11:00am to 11:15am:

· Frederick Street, between Great King Street and George Street.

· George Street, between Frederick Street and the Octagon.

ii) Orange Parade

Friday 26 November 2021, from 9:00am to 10:30am:

· Great King Street, between Frederick Street and Albany Street.

· Frederick Street, between Great King Street and George Street.

· George Street, between Frederick Street and The Octagon.

· The Octagon Central Carriageway will be closed between 9:15am to 11:00am.

· The left-hand downhill lane of Upper Stuart Street, between Littlebourne Road and Queens Drive, will be closed between 10:00am to 2:30pm.

iii) Otago Sports Car Club – Flagstaff-Whare Flat Road

Saturday 27 November 2021, from 8:00am to 5:00pm:

· Flagstaff Whare Flat Road, from the corner of Longridge Road South (at the bottom of the hill) to the corner of Longridge Road North (at the top of the hill).

iv) Otago Sports Car Club Hill Climb - Three Mile Hill Road

Sunday 28 November 2021, from 8:00am to 5:00pm:

· Three Mile Hill Road from the corner of Silverstream Valley Road to the corner of Halfway Bush Road. Residents will be given access between runs.

v) Rainbow Run

Sunday 28 November 2021, from 11:00am to 2:00pm:

· Logan Park Drive, from Union Street East to Butts Road.

vi) Green Island Market Day

Saturday 4 December 2021, from 7:00am to 3:00pm:

· Main South Road Green Island, from Howden Street to Church Street.

· Jenkins Street, from Main South Road to Shand Street.

vii) Lighting of the Christmas Tree

Saturday 4 December 2021, from 6:00pm to 11:00pm:

· Lower Octagon, between George Street and Lower Stuart Street.

· Lower Stuart Street, between the Octagon and Moray Place.

· The Octagon Central Carriageway.

viii) Santa Parade

Sunday 5 December 2021, from 8:00am to 6:00pm:

· George Street between Regent Street and Duke Street will be closed from 8:00am to 6:00pm.

The following roads will be closed from 2:00pm to 6:00pm:

· George Street, between the Octagon and Duke Street.

· Titan Street.

· The Octagon Central Carriageway.

· Harrop Street.

· Princes Street, between the Octagon and Moray Place.

· Moray Place, between Princes Street and Lower Stuart Street.

· Burlington Street.

· Upper Stuart Street, between the Octagon and Moray Place.

· Lower Stuart Street, between the Octagon and Moray Place.

ix) Graduation parades:

Saturday 11 December 2021, 11:30-1:00pm.

Wednesday 15 December 2021, 11:30-1:00pm.

Friday 17 December 2021, 11:00am to 12:30pm.

Saturday 18 December 2021, 11:30-1:00pm.

· Great King Street between Frederick Street and Albany Street will be closed from 10:00am to 1:00pm on parade days.

The following streets will be closed for 15 minutes before, and to 45 minutes after parade start times:

· Frederick Street, between Great King Street and George Street.

· George Street, between Frederick Street and the Octagon.

· Moray Place, between George Street and Filleul Street.

· Moray Place between Upper Stuart Street and Filleul Street will be closed for a period of approximately 45 minutes prior to the parade start times until parade has cleared.

x) New Year’s Eve

Sunday December 31 2021, 6:00am to 1 January 2022 11:00am:

· The Lower Octagon between George Street and Princes Street and Lower Stuart Street between the Octagon and Moray Place.

Sunday 31 December 2021, from 2:00pm to 1 January 2022 3:00am:

· The entire Octagon.

· Upper and Lower Stuart Street between the Octagon and Moray Place.

· Bath Street.

· Princes Street and George Street between the Octagon and Moray Place.

· Harrop Street.

xi) Brighton Gala Day

Sunday 23 January 2022, from 7:00am to 6:30pm:

· Brighton Road, between Bath and Taylor Streets.

BACKGROUND

3 Events and festivals contribute vibrancy and uniqueness to Dunedin, creating economic opportunities for the city and reflecting and enhancing social, recreational, environmental and cultural well-being. The contribution events make to the city’s vision of being one of the world’s great small cities is reflected in strategies and plans including the Social Well-being Strategy, the Economic Development Strategy, Ara Toi Ōtepoti, Parks and Recreation Strategy, and the Festival and Events Plan 2018-2023.

4 The area proposed to be used for these events is legal road and can therefore be temporarily closed to normal traffic if the statutory temporary road closure procedures are followed. These procedures are set out in Section 319 of the LGA 1974 which gives Council the power to stop or close any road or part of a road in the manner and upon the conditions set out in section 342 and Schedule 10 of the LGA 1974. Schedule 10 is included as attachment A. These conditions include the following:

· Consultation with Waka Kotahi NZ Transport Agency and Police.

· Public notice must be given of the intention to consider closing any road or part of a road, and notice given of the decision to close the road.

· When closing under Schedule 10 section 11(e), the road cannot be closed more than 31 days in the aggregate in any one year.

· Being satisfied that traffic is not likely to be unreasonably impeded.

5 Where the proposed temporary road stopping relates to public functions, the decision to close a road cannot be delegated to Council staff; a resolution of Council is required.

DISCUSSION

Consultation and Notification

6 Waka Kotahi and Police have been consulted and neither have any objection to the proposed road closures.

7 The proposed temporary road closures were advertised in the Otago Daily Times on 2 October 2021 and this notice is attached to the report (Attachment B). An opportunity was provided to give feedback on the proposal by emailing tmp@dcc.govt.nz by a deadline of Saturday 9 October 2021. No objections have been received to the proposed road closures.

8 Council is also required to give public notice of its decision. This notice will be published after this meeting and prior to the event, if approved.

9 The event organisers for the events contacted those considered affected, i.e. those with immediate frontage to the roads concerned prior to submitting their application, and no objections were received.

10 The 31-day limit mentioned in paragraph 4 will not be exceeded by the approval of the proposed temporary road closures.

Traffic Impacts

11 The events have all been held in prior years without causing unreasonable delays to the travelling public. Emergency Services and Public transport services will be managed through the temporary traffic management process.

12 The temporary traffic management plan process will ensure that other issues such as temporary relocation of certain parking (e.g. taxi, mobility and AVO) are addressed.

OPTIONS

13 It should be noted that recommendations in this report cannot be amended without first carrying out further consultation with affected parties, Waka Kotahi, the Police, and verifying that traffic impacts are acceptable.

Option One – Recommended Option

14 That the Council closes the sections of roads as detailed in the recommendation.

Advantages

· The roads will be able to be closed and the events will be able to proceed.

· Closure will enable the benefits (economic, social, and cultural) associated with events being held in Dunedin.

Disadvantages

· There will be temporary loss of vehicular access through the closed areas. However, there are detours available nearby, and safety can be assured through the use of temporary traffic management.

Option Two – Status Quo

15 That the Council decides not to close the roads in question.

Advantages

· There would be no detour required for travelling public, and the road would be able to be used as normal.

Disadvantages

· The events would not be able to go ahead and the benefits of the events would be lost.

NEXT STEPS

16 Should the resolution be made to temporarily close the roads, Council staff will proceed to accept the temporary traffic management plan and notify the public of the closures.

Signatories

Author:

Michael Tannock - Transport Network Team Leader

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Local Government Act 1974 Schedule 10	182
⇩b	DCC Noticeboard extract; Otago Daily Times 2 October 2021	185

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

Events contribute to the Strategic Framework.

Events contribute to the Economic Development Strategy, the Social Wellbeing Strategy.

There is a Festival and Events Plan 2018-2023.

Māori Impact Statement

There are no known impacts for Māori.

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. The cost of the proposed road closures will be met within existing budgets.

Significance

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

Engagement – external

There has been external engagement as required by the LGA 1974, with the Police and Waka Kotahi. Affected parties were notified and provided a time period for feedback.

Engagement - internal

There has been engagement with DCC Events, In-House Legal, and Transport. There is support for the events to proceed.

Risks: Legal / Health and Safety etc.

There are no identified risks should the recommended resolution be made.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

27 October 2021

Representation Review - 2021 Adoption of Final Proposal

Department: Civic

EXECUTIVE SUMMARY

1 This report presents the findings of the Council Hearings Panel (the Hearings Panel) on the submissions received on the Representation Review and seeks adoption of the Final Proposal for the representation arrangements for Dunedin City Council.

2 The Hearings Panel met on 12 October to hear and consider the submissions received. The Hearings Panel recommends that the Initial Proposal be confirmed as the Final Proposal without amendment.

RECOMMENDATIONS

That the Council:

a) Notes that the Council Hearings Panel considered the submissions received on the Initial Proposal

b) Confirms in accordance with the provisions of the Local Electoral Act 2001, the Initial Proposal as its Final Proposal for the triennial elections to be held in 2022 and 2025 until altered by a subsequent decision that:

i. The Council continues to be elected at large

ii. The number of Councillors remains at 14

iii. There continue to be six communities represented by six Community Boards (Mosgiel Taieri, Otago Peninsula, Saddle Hill, Strath Taieri, Waikouaiti Coast and West Harbour) and the boundaries of those six community boards remains the same

iv. The number of elected members on the Community Boards remains at six and that Council continues to appoint one Councillor per Community Board

v. No further communities will be constituted, and none will be subdivided for electoral purposes

c) Endorses the summary of submissions in paragraph 10 that accept, reject or note the submissions and the associated comments/reasons, and that the submitters be responded to accordingly

d) Notes that public notice will be given on Wednesday 3 November 2021 of the Final Proposal contained in this resolution providing the opportunity for appeals to be lodged no later than 5.00 pm on Monday 6 December 2021.

BACKGROUND

3 Councils are required to review their representation arrangements at least once every six years. The Council last reviewed its arrangements in 2015. In September 2020 Council agreed to establish an independent review panel to conduct a review of the Council’s representation arrangements and report to Council.

4 In December 2020 Council appointed an independent review panel (the panel) which carried out consultation prior to presenting its report to Council on 10 August 2021. The panel held discussions with elected members (including community board members) and interested groups, and received 85 responses to a public survey.

5 Council resolved on 10 August to adopt an Initial Proposal that the current representation arrangements remain. The resolutions were advertised in accordance with the Local Electoral Act (the Act) and public submissions were called for between 14 August and 18 September 2021. The submission period was extended to 4 October due to the introduction of a Covid-19 level 4 lockdown in August.

6 A public notice was placed in the Otago Daily Times on 14 August. The Otago Daily Times and the Star produced articles on the subject at various times. The notice was also placed on the Council’s website.

7 Seven submissions were received. Three of those submitters indicated they wished to be heard.

DISCUSSION

8 A Hearings Panel comprising the Council met on 12 October to hear the three submitters. None of the Hearings Panel took part in the development of submissions. Following the hearing, the Hearings Panel considered the submissions received.

9 The Act requires Councils to give reasons in the public notice of any amendments made to the initial proposal or why submissions are rejected.

10 The following is a summary of the submissions received and reasons why they are supported or not.

Name	Summary of Submission	Council Hearing Panel’s decisions/reasons
Colin Weatherall	Supports no. of Councillors and keeping the number of Community Boards. Wants to ensure that rural people have representation at Council with three councillors elected from an area outside the central city.	Comments supporting part of the proposal noted. Council Hearings Panel rejected request for a rural ward. Lack of substantive evidence from community in rural part of the city asking for a rural ward.
Anonymous	Wants number of community board members reduced to one per board.	Council Hearings Panel rejected request. Act provides that there must be a minimum of four elected members.
Saddle Hill Community Board	Supports proposal. Seeks extension of community board boundary to include Green Island, Sunnyvale and Abbotsford communities.	Support for proposal noted. Council Hearings Panel rejected request for extension of boundary as no submissions from those communities seeking inclusion in the Saddle Hill Community Board boundary.
Strath Taieri Community Board	Supports proposal	Support for proposal noted.
Anonymous	Comments outside scope of review	Council Hearings Panel rejected as not within scope of representation review.
Karen Anderson	Does not support proposal. Requests wards instead of at large. Requests community boards to cover whole of city.	Council Hearings Panel rejected request. Lack of submissions requesting a ward-based system and full coverage of community boards.
West Harbour Community Board	Supports proposal	Support for proposal noted.

OPTIONS

11 As the Representation Review is a legal process, there are no options. The legal process includes a set timeframe. If Council wanted to amend the proposal it would need to ask the Council Hearings Panel to reconsider its recommendations. As any appeals must be received by 20 December 2021 there is insufficient time to refer it back to the Hearings Panel

12 The process includes an appeal process. Those who made a submission will have an opportunity to appeal on matters related to their original submission. Appeals will close on 6 December 2021. Under the timeframe in the Act, appeals must close no later than 20 December 2021.

NEXT STEPS

13 Once adopted, Council will give public notice of its final proposal on 3 November and appeals will close on 6 December. If appeals are received these and other documentation regarding the process will be forwarded to the Local Government Commission. The Local Government Commission will then issue a determination no later than 10 April 2022.

Signatories

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

Attachments

	Title	Page
⇩a	Current Community Boards Map	193

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

The representation arrangements directly contribute to the Council’s Strategic framework, priorities and plans.

Māori Impact Statement

Representation arrangements provide the opportunity to enhance Māori representation.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

The representation review is budgeted for.

Significance

This decision is considered medium in terms of the significance and engagement policy. The process has complied with the requirements for consultation in the Local Electoral Act 2001.

Engagement – external

The process has complied with the requirements for consultation in the Local Electoral Act 2001.

Engagement - internal

Internal engagement was conducted as part of the pre-consultation process.

Risks: Legal / Health and Safety etc.

The only identified risk is not meeting the statutory timeframes. A timeframe to meeting these requirements has been identified.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The review of representation arrangements affects community boards. All community boards took part in the pre-consultation process, were aware of the initial proposal and had the opportunity to make a submission on the initial proposal.

Council

27 October 2021

Approach to engagement on the 2022/23 Draft Annual Plan

Department: Corporate Policy

EXECUTIVE SUMMARY

1 Work is underway on the 2022/23 draft Annual Plan (the draft Plan).

2 There is no legal requirement to consult on the draft Plan, unless significant change is made to year two of the 10 year plan 2021-31.

3 This report is prepared on the basis that Council will however want to engage on the draft Plan. The report presents a high level timetable for that engagement, noting that there has been ongoing engagement with stakeholders and interest groups following the adoption of the 10 year plan.

RECOMMENDATIONS

That the Council:

a) Notes the Approach to Engagement on the 2022/23 Draft Annual Plan report.

BACKGROUND

4 The Local Government Act 2002 (the Act) sets out provisions for preparing and consulting on Annual Plans.

5 Section 95 of the Act includes the following provisions:

(1) A local authority must prepare and adopt an annual plan for each financial year.

(2) Subject to subsection (2A), a local authority must consult in a manner that gives effect to the requirements of section 82 before adopting an annual plan under this section.

(2A) Subsection (2) does not apply if the proposed annual plan does not include significant or material differences from the content of the long-term plan for the financial year to which the proposed annual plan relates.

6 Section 82 of the Act sets out the principles of consultation, including allowing local authorities to consult in a manner that it considers, in its discretion, to be appropriate. The special consultative procedure is not required to be used for an annual plan.

7 Under section 82 (2A), Council is not required to consult on the draft Plan if it does not include significant or material differences from year two of the Council’s 10 year plan 2021-31 (10 year plan).

DISCUSSION

8 The draft Plan for 2022/23 is an update of year two of the 10 year plan.

9 Budgets for the 2022/23 year are currently being reviewed. Variations from the year 2 budget of the 10 year plan (the 2022/23 year) will be presented to the December Annual Plan meeting on 13 – 15 December 2021 for Council’s consideration.

10 Council has asked staff to prepare a number of option reports as part of the development of the draft Plan. These reports will be presented to the December Annual Plan Council meeting. Decisions on the option reports may result in new information to be included in the draft Plan.

Approach to engagement on the draft Plan

11 Decisions made at the December Annual Plan meeting will determine the nature and level of engagement that should be undertaken on the draft Plan.

12 Any engagement undertaken should build on the success of the 10 year plan engagement, and continue the conversation Council has already had, and continues to have with its community, stakeholders and interest groups.

13 Since the adoption of the 10 year plan, engagement has continued with key stakeholders and interest groups on requested option report topics. Feedback from this engagement will be included in the option reports that will be presented to the December Annual Plan meeting.

14 Amenity and new project requests were received through the 10 year plan consultation process. Engagement with relevant groups and key stakeholders has been, and continues to be, an important part of the process in planning, budgeting, and implementing some of these requests.

15 Specific engagement topics for the draft Plan have not yet been identified but will come from decisions made at the December Annual Plan meeting. If required, a targeted engagement plan will be developed following that meeting, and it will be presented to Council in early 2022 for consideration.

16 In advance of the December Annual Plan meeting, staff will attend meetings and events to engage with community groups and stakeholders, to give a “heads up” that the annual plan is coming, and what the process will be.

17 In planning and undertaking any future engagement activities, the principles of engagement will be followed. Attachment A details the principles of engagement as set out in Council’s Significance and Engagement Policy.

Timetable

18 A timetable for draft Plan processes is proposed as follows:

Time	Task
13-15 December 2021	· Annual Plan Council meeting, to consider budgets and option reports. · Decide on the need for engagement on the draft Plan.
December 2021 / January 2022	· Develop consultation document · Develop a detailed engagement plan based on December decision making, if required.
February 2022	· Council approval of engagement plan; commence engagement · Council approval of consultation document
March / April 2022	· Engagement · Submission period
May 2022	· Annual Plan hearings · Annual Plan deliberations
June 2022	· Adoption of Annual Plan

OPTIONS

19 As this is a noting report, there are no options.

NEXT STEPS

20 If required, a detailed engagement plan will be developed and presented to Council in early 2022.

Signatories

Author:	Sharon Bodeker - Corporate Planner
Authoriser:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy)

Attachments

	Title	Page
⇩a	Significance and Engagement Policy - Principles of Engagement	200

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

Engagement on the annual plan (year 2 of the 10 year plan) is relevant to all strategies in the DCC framework.

Māori Impact Statement

The engagement with mana whenua and mataawaka undertaken on the 10 year plan 2021-31 will continue on through the development of the Annual Plan.

Sustainability

Engagement in the context of the Annual Plan will provide an opportunity for the community to express their views of the DCC’s work towards sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Engagement in the context of developing the Annual Plan is an opportunity for the community to express their views.

Financial considerations

Engagement costs will be met from within existing budgets.

Significance

This report is considered of low significance in terms of the Significance and Engagement Policy.

Engagement will be undertaken following the principles of engagement detailed in that policy.

Engagement – external

External engagement is being planned during the development of the Annual Plan. Ongoing engagement has included engagement with Otago Cricket, sports groups, and live music interest groups.

Engagement - internal

Engagement planning has been prepared with input from staff across council.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Development of the draft Annual Plan will include targeted engagement with the Community Boards.

Council

27 October 2021

Meeting Schedule for 2022

Department: Civic

EXECUTIVE SUMMARY

1 The report seeks the adoption of a meeting schedule for 2022, in accordance with Clause 19(6)(a) of Schedule 7 of the Local Government Act 2002.

2 The proposed meeting schedule, appended as Attachment A, covers the period from January 2021 through to the first week of November 2022. It incorporates proposed dates for the inaugural Council meeting and the inaugural meetings for Community boards following the local government elections on 8 October 2022.

RECOMMENDATIONS

That the Council:

a) Approves the proposed meeting schedule for 2022 as appended to the report or advises alternate meeting dates.

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

BACKGROUND

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

4 The proposed schedule is similar to the 2021 year, providing for inaugural meetings following the triennial elections. Public holidays have been considered in setting the schedule, and additional meetings will be provided for as required.

5 In keeping with the schedule for 2021, Council meetings will commence at 10.00 am. Council meetings following a public holiday will be held on a Wednesday. Fortnightly Council meetings are recommended for August and September 2022 as required being the pre-election period.

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

· Annual Plan: Council is to consider options reports towards the development of the draft Annual Plan in December 2021 and consider a document for consultation in February 2022.

· Statements of Intent: Council Controlled Companies’ Statements of Intent are expected to be considered by Council on 28 June 2022.

· Annual Report: (Council) is scheduled for consideration at the Council meeting on 27 September 2022.

· The Triennial elections will be held on Saturday 8 October. Inaugural meetings will be set down for late October/early November

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

9 A meeting schedule for November 2022 to December 2023 will be presented at the Inaugural Council meeting.

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

Signatories

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

Attachments

	Title	Page
⇩a	Proposed meeting schedule 2022	203
⇩b	Calendar version proposed meeting schedule 2022	207

Council

27 October 2021

Financial Result - Period Ended 30 September 2021

Department: Finance

EXECUTIVE SUMMARY

1 This report provides the financial results for the period ended 30 September 2021 and the financial position as at that date.

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

RECOMMENDATIONS

That Council:

a) Notes the Financial Performance for the period ended 30 September 2021 and the Financial Position as at that date.

BACKGROUND

3 This report provides the financial statements for the period ended 30 September 2021. It includes reports on: financial performance, financial position, cashflows and capital expenditure. The operating result is also shown by group, including analysis by revenue and expenditure type.

DISCUSSION

4 Revenue was $79.669 million for the period or $4.692 million lower than budget. The budget for September included the receipt of external funding for the new Mosgiel aquatics facility. A delay in the consenting process has meant the timing of this revenue has changed. In addition, year to date revenue was impacted by the recent nationwide lockdown including: Aquatic Services, Parking, Landfill, and commercial water revenue. Grant revenue was also lower than expected due to the lower level of subsidised capital expenditure in Transport.

5 These unfavourable variances were partially offset by unbudgeted funding for CODE and Three Waters stimulus projects, as well as increased revenue from building services applications and inspections.

6 Expenditure was $87.796 million for the period or $624k less than budget. This favourable variance was due to savings in personnel costs, delays in project expenditure and favourable interest expenditure due to a lower than forecast floating interest rate. Some expenditure lines were also impacted by the recent lockdown. Depreciation expenditure was higher than expected following asset revaluations as at 30 June 2021, impacting both asset replacement cost and asset useful lives.

7 The Waipori Fund was favourable for the period despite negative fair value movements across all equity markets in September.

8 Capital expenditure was $23.953 million for the period or 84.3% of budget. The level of spend reflected some project delays along with the impact of the nationwide lockdown in August. Three Waters expenditure was ahead of budget for the three months with a number of large water and sewer renewal projects underway.

NEXT STEPS

9 Financial Result Reports continue be presented to future meetings of either the Finance and Council Controlled Organisation Committee or Council.

Signatories

Authoriser:

Gavin Logie - Chief Financial Officer

Attachments

	Title	Page
⇩a	Summary Financial Information	213
⇩b	Statement of Financial Performance	214
⇩c	Statement of Financial Position	215
⇩d	Statement of Cashflows	216
⇩e	Capital Expenditure Summary	217
⇩f	Summary of Operating Variances	218
⇩g	Financial Review	219

Council

27 October 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 - 28 September 2021 - Public Excluded	S6(a) The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	.
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 Confidential Council Forward Work Programme	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C4 Community Housing Growth - Confidential attachment	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Dunedin City Holdings Group: Director Appointments and Re-Appointments	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item and;

That Keith Cooper (Chair, Dunedin City Holdings Ltd) be permitted to remain in the meeting because of his knowledge for Item C5. This knowledge would be of assistance and is relevant to the matter being discussed.

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

	Title	Page
⇨a	Minutes of Ordinary Council meeting held on 28 September 2021 (Under Separate Cover 1)

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Clare Sullivan - Manager Governance

Author:	Richard Davey - Treasury Manager
Authoriser:	Gavin Logie - Chief Financial Officer