Notice of Meeting:

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

 

Date:                                                    Tuesday 22 February 2022

Time:                                                   9.00 am

Venue:                                                via zoom audio visual link

 

Sandy Graham

Chief Executive Officer

 

Council

PUBLIC AGENDA

 

MEMBERSHIP

 

Mayor

Mayor Aaron Hawkins

 

Deputy Mayor

Cr Christine Garey

 

 

Members

Cr Sophie Barker

Cr David Benson-Pope

 

Cr Rachel Elder

Cr Doug Hall

 

Cr Carmen Houlahan

Cr Marie Laufiso

 

Cr Mike Lord

Cr Jim O'Malley

 

Cr Jules Radich

Cr Chris Staynes

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Andrew Whiley

 

 

Senior Officer                                               Sandy Graham, Chief Executive Officer

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

 

 

The meeting will be live streamed on the Council’s YouTube page: https://youtu.be/WfthzL9dNGs

 

 

 

 

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

 

 


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22 February 2022

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Public Forum                                                                                                                                                              4

2             Apologies                                                                                                                                                                    4

3             Confirmation of Agenda                                                                                                                                        4

4             Declaration of Interest                                                                                                                                           5

5             Confirmation of Minutes                                                                                                                                    18

5.1       Ordinary Council meeting - 14 December 2021                                                                            18

5.2       Ordinary Council Annual Plan meeting - 31 January 2022                                                         19    

Reports

6             Actions From Resolutions of Council Meetings                                                                                          20

7             Council Forward Work Programme                                                                                                                27

8             Review of the Waikouaiti, Karitane and Hawksbury Village Water Response - Final Report     35

9             St Clair - St Kilda Coastal Plan                                                                                                                            71

10           Engagement on the 2022/23 Annual Plan                                                                                                 172

11           Zero Carbon City Plan: Interim guiding Principles and Stages of Work                                           178

12           Proceeds from the Sale of Assets                                                                                                                  186

13           DCC submission: improving the protection of drinking water sources                                           201

14           Regulatory Subcommittee recommendations on the proposed parking changes-December 2021         291

15           Regulatory Subcommittee recommendations on Keeping of Animals (excluding Dogs) and Birds Bylaw review             303

16           Notice of Motion 3 Waters                                                                                                                              326               

Resolution to Exclude the Public                                                                                                                     332

 

 


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22 February 2022

 

 

1          Public Forum

At the close of the agenda no requests for public forum had been received.

2          Apologies

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

3          Confirmation of agenda

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


Council

22 February 2022

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

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

 

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

1.          

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

 

 

RECOMMENDATIONS

That the Council:

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

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

c)     Notes the Executive Leadership Team Members’ Interests.

 

 

Attachments

 

Title

Page

a

Councillor Register of Interest

6

b

Executive Leadership Team Members' Register of Interest

16

  


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Confirmation of Minutes

Ordinary Council meeting - 14 December 2021

 

 

 

RECOMMENDATIONS

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 14 December 2021 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council meeting  held on 14 December 2021 (Under Separate Cover 1)

 

 

 


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22 February 2022

 

Ordinary Council Annual Plan meeting - 31 January 2022

 

 

 

RECOMMENDATIONS

That the Council:

a)     Confirms the public part of the minutes of the Ordinary Council Annual Plan meeting held on 31 January 2022 as a correct record.

 

 

 

Attachments

 

Title

Page

a

Minutes of Ordinary Council Annual Plan meeting  held on 31 January 2022 (Under Separate Cover 1)

 

 

    


Council

22 February 2022

 

Reports

 

Actions From Resolutions of Council Meetings

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

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

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

 

RECOMMENDATIONS

That the Council:

 

Notes the Open and Completed Actions from resolutions of Council meetings as attached.

 

discussion

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

NEXT STEPS

4          Updates will be provided at future Council meetings.

 

Signatories

Author:

Lynne Adamson - Governance Support Officer

Authoriser:

Clare Sullivan - Manager Governance

Attachments

 

Title

Page

a

Public Open and Completed Actions February 2022

21

b

Public Notice of Motion Action List February 2022

25

  


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Council Forward Work Programme

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to provide the updated forward work programme for the 2021-2022 year (Attachment A). 

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

RECOMMENDATIONS

That the Council:

Notes the updated Council forward work programme as shown in Attachment A.

 

DISCUSSION

3          The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work.  As the last Council forward work programme was presented in October 2021, the number of updates is greater than usual.  

4          As an update report, the purple highlight shows changes to timeframes.  New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold. 

5          The forward work programme contains items from the action list where the action has resulted in a report to be presented back to Council.  Items have been closed on the action list and incorporated in the forward work programme.

NEXT STEPS

6          An updated report will be provided for the April 2022 Council meeting.

 

Signatories

Author:

Sharon Bodeker - Corporate Planner

Authoriser:

Sandy Graham - Chief Executive Officer

Attachments

 

Title

Page

a

Council Forward Work Programme - February 2022

29

  


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Review of the Waikouaiti, Karitane and Hawksbury Village Water Response - Final Report

Department: Office of the Mayor

 

 

 

 

EXECUTIVE SUMMARY

1          This report presents the results of Mr Tanner’s independent “Review of the Waikouaiti, Karitane and Hawksbury Village Water Response”.

2          There are no options or summary of considerations for this report.

RECOMMENDATIONS

That the Council:

a)     Notes the “Review of the Waikouaiti, Karitane and Hawksbury Village Water Response” report and the progress staff have made in the implementing the recommendations.

 

 

BACKGROUND

3          When the Do Not Drink Notice (DNDN) was issued on 2 February 2021, I indicated that while the initial focus would be on the health and well-being of the community and resolving the issue, an independent review would be undertaken at the appropriate time.

4          Terms of reference for the review were agreed and subsequently, Mr Ross Tanner was appointed to undertake the review on 28 September 2021.

5          The review has now been completed and is provided as attachment A. Mr Tanner will be present to speak to his findings.

DISCUSSION

6          The review makes five recommendations. In speaking with the Chief Executive, three have already been implemented and two are in the process of being implemented.

7          It is clear from the review that the presence of elevated readings should have been escalated sooner. This delay caused avoidable angst for our communities and I apologise on behalf of Council that this happened.

8          The review highlights the strength of the manaaki response, from the time the DNDN was issued, which saw our staff, community board representatives and the public health authorities doing an excellent job of putting the community’s wellbeing first.

9          The review rightly comments on the work of the Chair of the Community Board, Mr Morrison in particular, and I want to acknowledge his leadership within his community.

10        I would formally like to acknowledge and thank the residents of Waikouaiti, Karitane and Hawksbury Village for their cooperation and patience during what was a difficult six-month period and hope that this review brings closure to the matter for the affected communities.

11         I would like to thank Mr Tanner for his comprehensive review.

 Signatories

Authoriser:

 

Attachments

 

Title

Page

a

Review of the Waikouaiti, Karitane and Hawksbury Village Water Response

37

  


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Council

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St Clair - St Kilda Coastal Plan

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to summarise the process undertaken to develop the Whakahekerau – Rakiātea Rautaki Tai, St Clair – St Kilda Coastal Plan and to seek adoption of the plan by Council.

2          The St Clair – St Kilda Coastal Plan (the coastal plan) has been developed over a period of two and half years, including substantial community engagement and expert input. The plan development process has followed the Ministry for the Environment’s (MfE) guidance on coastal hazards and climate change and has involved developing a strong understanding of the community’s values and ambition for the coast.

3          The recommended option is that Council adopts the St Clair – St Kilda Coastal Plan. Adoption of the plan would help to direct further assessment of the shortlisted options, investigation of risks and will also help to inform reactive management activities (resulting from storms).

RECOMMENDATIONS

That the Council:

a)     Adopts the St Clair – St Kilda Coastal Plan.

 

BACKGROUND

Historic approach – the issue

4          The historic approach to management of the St Clair – St Kilda coast has been reactive and has done little to address the risk of erosion and longer-term sea level rise. Investments have resulted in the gradual seaward advance of infrastructure, and the loss of beach amenity and access. Storm response activities have resulted in investments that address short-term risk (erosion response) but do little to support a longer-term management approach.

5          The reactive approach to management is evidenced by the presence of the geobags and renomattress. This approach is likely to result in a coast dominated by engineered protection measures, which have largely been constructed in response to natural variability in the beach system (erosion). Broader opportunities for adaptation, including land-use change and landscape restoration will also need be considered for a sustainable long-term outcome to be achieved.

Climate change and coastal adaptation planning

6          The New Zealand Coastal Policy Statement 2010 requires that local authorities consider and plan for coastal hazard risks through planning with communities.  The Ministry for the Environments’ guidance on coastal adaptation planning encourages local councils to use an adaptive management approach to support adaptation of coastal communities and council assets and services.

7          It is predicted that New Zealand will experience 30cm of sea level rise by 2050 and 1m of rise by 2115. Predictions are subject to significant change and increasingly include more dramatic approximations of sea level rise. Rising sea levels mean that the coast will become increasingly contested, dunes will erode more often, and infrastructure will be impacted more severely.

8          The St Clair – St Kilda coast serves to protect the inland low-lying areas, which is home to over 10,000 people and has important infrastructure which the wider city relies on.  In time, the coast will become increasingly impacted, as sea levels rise. Even over relatively short timeframes elevated sea levels will increase the likelihood and impact of erosion.

DISCUSSION

The process of plan development

9          The St Clair – St Kilda Coastal Plan is Council’s first coastal adaptation plan. Adaptation planning is about preparing for what may happen in the future. The coastal plan has involved drawing on the MfE guidance on coastal hazards and climate change. This guidance is now widely used by local authorities looking to develop coastal adaptation plans. As with the MfE guidance, the coastal plan has placed community engagement at the centre of the plan development process (shown in Figure 1 below).

Figure 1: MfE ten-step cycle, from coastal hazards and climate change guidance document.

10        The coastal plan process has involved understanding community views and values – which has informed the development of a vision, a set of management objectives and shortlisted pathways (management options) to inform ongoing management and adaptation of the area. The coastal plan has involved taking a step back, engaging the community to establish a strategic intent (the coastal plan), before progressing towards detailed assessment and decision making relating to options (next steps).

Phases of plan development process

11        The coastal plan process commenced in July 2019 and involved the development of initiation documentation including an engagement plan, information gap analysis and a project management plan. This initiation phase of work served to inform the development of an approach to plan development, involving early work with Ōtākou Runaka and pre-engagement with the community and stakeholders to inform the process of consultation.

Engagement

12        The engagement component of the coastal plan has involved:

-      Phase 1 – understanding what people care about and the outcomes they would like to see,

-      Phase 1 – helping people to understand the context of the challenges and opportunities on offer,

-      Phase 2 – communicating what could be done to manage the area,

-      Phase 3 – confirming that the plan suitably reflects the community’s values and ambition for the coast.

13        Figure 2 below summarises the engagement stages described above, including their aim, methods and reach. A broad range of engagement methods have been applied throughout, to help in reaching a range of different community and stakeholder groups (and individuals). The diversity of methods also mitigated health and safety risks associated with Covid-19.

Figure 2: coastal plan engagement phases, including details relating to the aims, methods and reach achieved for each phase.

14        Through the engagement a set of common community values have been established which are shown in the coastal plan, under ‘What we have heard’ (Attachment A). These values have informed the development of the vision and objectives of the plan which in turn influence the technical components of the plan. This approach means that community input is used to inform the vision and objectives, which in turn, helps to shortlist management options by testing them for their alignment with the vision and objectives. Future assessments of options will draw on the vision and objectives to ensure alignment with the strategic intent of the plan.

Work completed in parallel to engagement

15        A range of work items have been delivered in parallel to the engagement, to inform the plan development process. The most significant work items include:

-      Coastal process studies to inform the understanding of the coast, including longshore currents and sediment availability. This work has also identified future information/ data requirements.

-      Investigation of Middle Beach dune contamination – to inform short-term dune remediation.

-      Collaboration with the University of Otago in a range of relevant work areas, including coastal monitoring, engagement and adaptive planning. This collaboration has seen advisory support provided by various academics and researchers.

-      An expert reference group to inform the process of options development and screening. This included experts from the DCC, Otago Regional Council, Department of Conservation, University of Otago, eCoast (coastal process experts) and WSP (engineering and planning experts).

16        The engagement process and associated workstreams have supported the development of a community-informed adaptive management approach for the coast. The coastal plan is not an implementation plan, but serves as a platform for subsequent stages of work to inform key decisions relating to adaptation. Upcoming work will involve further evaluating hazards / risks, assessing the shortlisted options and designing/ consenting prior to implementation. The coastal plan provides the context and direction required to begin this work and sets out short-term activities to get things started.

17        The nature of coastal adaptation is such, that planning and action will need to be iterative. Some activities can begin soon, but others will require further investigation to assess, design and consent.

Summary of the St Clair – St Kilda Coastal Plan

18        The coastal plan has several key components that are summarised below:

19        Vision and objectives – the vision and objectives of the coastal plan have been developed based on community values expressed through the engagement (Phase 1 of engagement) is listed below.

20        Vision: “Our vision for the St Clair to St Kilda coast is to enhance the natural environment, for it to be resilient to coastal hazards and future sea level rise and for future generations to be provided with access, and recreational opportunities.”

21        Objective 1 (resilience-focus): “Ensure that the coast and inland area are resilient to the effects of coastal hazards and climate change and that resilience is achieved through sustainable practices.”

22        Objective 2 (environment-focus): “Work with nature to create a long-term solution that benefits natural landscapes and wildlife – fostering a culture of care.”

23        Objective 3 (people-focus): “Work with the community to plan for the future and support the community in staying connected to the plan.”

24        Objective 4 (access and recreation focus): “Create connected, accessible public spaces, encouraging recreational-use in safe and appropriate ways.”

25        Objective 5 (implementation-focus): “Implement the plan through: (a) embedding and aligning the plan within relevant policy and plans, and (b) utilising emerging and innovative best practice.”

26        Management pathways– shared in the coastal plan (in the “site-specific plans” section) are a set of shortlisted adaptation pathways for the coast, for St Clair, Middle Beach and St Kilda. Management pathways are systems of individual and connected actions that are sequenced to manage the coast through time. These pathways include the options that have been tested for alignment with the objectives of the plan. These options have also been through an initial technical screening/ assessment (high-level). Not all options shown will be used, and some align better with the objectives than others. The purpose of the management pathways section is to socialise the suite of shortlisted actions available to support adaptation. The options shared are those that will need to be further assessed and considered prior to implementation (Figure 3).

Figure 3: Management pathways for St Clair, Middle Beach and St Kilda. These pathways are also shown in the coastal plan (Attachment A), with greater detail being provided.

27        An adaptive management approach means considering options in an ongoing manner, because the effects of climate change are uncertain. Thinking may change as to what is a preferred option (based on sea level rise predictions for example), in such cases, it useful to have shared the range of alternate options – as done in the coastal plan.

28        Short-term actions / activities – the coastal plan describes a set of short-term (planned) actions for each St Clair, Middle Beach and St Kilda. These actions will commence in 2022. Some of these actions relate to physical changes such as improvements to public access at St Clair and remediation of the dunes at Middle Beach, while others relate to monitoring and investigation that will inform the assessment of mid-long term options and the management of risk.

Draft Plan Feedback

29        The most recent round of consultation on the coastal plan gained public feedback on the draft plan. The public has shown high levels of support for the vision and objectives of the plan. The figure below shows the levels of support expressed through the online survey (for the vision). This pattern of support was closely mirrored for each of the objectives also (see engagement report, Attachment B).

Figure 4: Feedback on the vision in the draft coastal plan. This figure shows the level of support expressed by the community.

30        Survey respondents expressed belief that action is required now, particularly in relation to the management of the Kettle Park landfill. Additionally, many feedback responses referred to the use of groynes at St Clair and a desire to their reinstatement, an associated petition was also received by staff.

31        To see a complete picture of the feedback received on the Draft Plan, please refer to the engagement report (Attachment B).

Summary of changes to the draft plan

32        The final stage of community input involved consultation on the draft plan. This took place from November 2021 to January 2022.  The following section of this report describes the changes to the plan that have resulted from the most recent round of consultation, including small changes to the vision and objectives as well as the addition of mana whenua input.

33        The draft plan included a placeholder for Iwi input. This input has since been provided and is included in the coastal plan.

34        A change has been made to the vision to place greater emphasis on “people” and “recreation”. Feedback indicated that this element of the vision was not clear. Changed to – “Our vision for the St Clair to St Kilda coast is to enhance the natural environment, for it to be resilient to coastal hazards and future sea level rise and for future generations to be provided with access, and recreational opportunities.”

35        A change has been made to Objective 4 to place greater emphasis on “recreation”. Changed to – “Create connected, accessible public spaces, encouraging recreational-use in safe and appropriate ways.”

36        A change has been made to Objective 5 to provide greater clarity as to the intent of the objective. Changed to – “Implement the plan through: (a) embedding and aligning the plan within relevant policy and plans, and (b) utilising emerging and innovative best practice.”

37        A change has been to make it clearer that “groynes” (and other options that people expressed interest in, such as tetrapods) remain as possibilities (included in the shortlisted options). “Groynes” for example fall within the “sand retention” class of option.

38        A change has been made to provide greater clarity on the purpose of the coastal plan – feedback indicated that some people expected it to decide on what options would be used and when.

39        Several formatting changes have been made to emphasize the key components of the plan – feedback indicated that it was at times difficult to find the “important bits”.

40        A change has been made to provide reference to the role of the Department of Conservation (DOC), particularly in the ongoing South East Marine Protected Areas work.

41        Changes have been made to highlight the importance of managing the risk associated with the historic Kettle Park landfill.

OPTIONS

42        Two options are presented. The recommended option (Option One) is to adopt the St Clair – St Kilda Coastal Plan. Option Two is to retain the status quo (do not adopt), i.e. undertake management of the St Clair – St Kilda coast on a reactive basis, without the support of a management plan.

Option One – council adopts the plan (Recommended Option)

 

43        Option One recommends Council adopt the St Clair – St Kilda Coastal Plan.

Advantages

·        The St Clair – St Kilda coast will have a fit-for-purpose coastal management plan.

·        The plan would inform further investigation and planning including the assessment of options, risks and the implementation of works.

·        Supports a system-wide approach to management, avoiding risks that arise from ad hoc planning and intervention.

·        Adoption of the plan would serve to inform storm response activities (immediately).

·        The plan would serve as input to the broader adaptation planning happening in the greater South Dunedin area.

·        Adoption of the plan would demonstrate a commitment to the community-centred process of plan development.

Disadvantages

·        Costs will be incurred in the short term for further investigation, monitoring and planning work.

Option Two – status quo - do not adopt the plan

44        Option 2 is for the Status Quo and that Council does not adopt the St Clair – St Kilda Coastal Plan.

Advantages

·        Short-term costs for further investigation, monitoring and planning work will not be incurred.

Disadvantages

·        Likely to result in ongoing reactive management of coastal hazards and climate change related risks.

·        Does not align with legislation and guidance pertaining to coastal management and adaptation planning.

·        Reactive management (status quo) does not align with the ambition or values of the community – as confirmed through consultation.

·        Does not provide for proactive management of key risks, including Kettle Park landfill and St Clair sea wall.

·        Community and stakeholders (who have contributed to the plan) are likely to lose trust in DCC’s management of the area, given the publicity and breadth of engagement over the last two and a half years.

·        Investment planning and expenditure is likely to be dominated by emergency works – unbudgeted and not planned for.

NEXT STEPS

45        If adopted, the St Clair – St Kilda Coastal Plan work programme consisting of investigation, monitoring, and implementation will continue.  The work programmed for the next one-two years includes:

a)         Condition assessment and risk assessments of the St Clair sea wall.

b)        Installation of a new safe access point to St Clair beach near the St Clair salt water pool.

c)         Additional investigations and risk assessments into the location and composition of the historic Kettle Park landfill.

d)        Removal of contaminated material and reinstatement of the St Clair and Middle Beach dune cap.

46        Detail relating to the next three years of investigation and assessment is shared in the coastal plan (Attachment A, “site-specific plans”). 

47        Implementation of the coastal plan will be an iterative process. The nature of adaptation planning is such that the timing of decisions will need to be reviewed and adjusted through time and as further information is gathered. Progress on key investigations and Plan updates will be provided to ISCOM on a six-monthly basis and/or on a as needed basis. 

48        If not adopted, the status quo management approach of this coast will continue.  Staff will respond to coastal erosion events in a reactive manner.  Planning for replacement of existing coastal defences will be planned for as allowed for in current and future 10 year plan budgets. 

 

Signatories

Author:

Tom Simons-Smith - Coastal Specialist

Authoriser:

Simon Drew - General Manager Infrastructure and Development

Attachments

 

Title

Page

a

St Clair-St Kilda Coastal Plan 2022

83

b

St Clair-St Kilda Engagement Report

108

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

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

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

The St Clair – St Kilda coast is comprised of highly used recreational spaces, places of significant environmental and cultural value and a landscape that serves to support in hazard mitigation (protection) to the inland area. As such, the St Clair – St Kilda Coastal Plan contributes to a range of DCC’s strategic strategies and priorities.

Māori Impact Statement

Ōtākou Rūnaka have been involved in the process of plan development at various stages. Initial involvement began in 2019, and saw Ōtākou Rūnaka contributing to the development of the Engagement Plan and providing input to the cultural and environmental context of the area. Ōtākou Rūnaka have continued to be involved, most recently providing key input to the plan itself.

Sustainability

The St Clair – St Kilda Coastal Plan promotes the sustainable management of the coast in alignment with the vision and objectives established by the community. The limiting of carbon intensive interventions is referred to within the plan, as is promoting the use nature-based options. The New Zealand Coastal Policy Statement has been used to inform the development of objectives with the plan. This policy document promotes the sustainable management of the coast and is the foremost policy document relating to coastal management, nationally.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are a suite of relevant short-term investments (Capex and Opex) that have been included in the LTP 2021-31. The maintenance of the site is provided for in current operational budgets, although large storms may result in erosion and associated damage that triggers a need for emergency works (not budgeted for).

 

Upcoming (planned) investigation, monitoring and reporting will help to inform future work for both operational and capital investment.

Financial considerations

Adoption of the plan (recommended option) does not have immediate cost implications. However, it is anticipated that as further work is delivered (in the coming months and years) additional resource and budget requirements may be identified. The scale and complexity of planning and interventions is such that future adaptation options may come at significant cost – as will the cost of not adapting (status quo).

Significance

Adoption of the Plan is considered of ‘Low’ significance in terms on the Council’s Significance and Engagement Policy.

Engagement – external

The St Clair – St Kilda Coastal Plan has involved substantial outreach and engagement with more than 2,300 people, with many people providing input at various stages of the work. A wide variety of engagement methods have been applied to create an accessible and engaging process.

 

In particular, the process of engagement has emphasised the need to connect with local stakeholder groups, including surf clubs, sports field/ recreation space users and business owners.

 

Through the process of engagement (and sharing the draft plan) the majority of external responses have indicated towards support of the plan. Contrary views have generally related to the rate of action (urgency) or the means by which the objectives of the plan be achieved (management options).

Engagement - internal

The St Clair – St Kilda Coastal Plan has involved cross-council input 3 Waters, Community development, Transport, Parks and Recreation, Corporate Policy.

Risks: Legal / Health and Safety etc.

Following the management approach set out in the St Clair – St Kilda Coastal Plan will help minimise legal, health and safety and environmental risk.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The St Clair-St Kilda coast is of interest to all parts of the city including those areas covered by Community Boards.

 


Council

22 February 2022

 

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Council

22 February 2022

 

 

Engagement on the 2022/23 Annual Plan

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1          The draft 2022/23 Annual Plan (“the draft Plan”) is an update of year two of the 10 year plan 2021-31.  The draft Plan proposes no significant changes to the 10 year plan, and as such, there is no legal requirement to consult on it.

2          The report takes into consideration decisions made at the 31 January 2022 Annual Plan Council meeting, noting there are no engagement topics requiring specific feedback, and taking into consideration the current COVID situation and the Government’s red traffic light setting. 

3          The report outlines the recommended engagement approach to the draft Plan and seeks endorsement to implement this approach.

RECOMMENDATIONS

That the Council:

a)     Approves the recommended engagement approach as outlined in this 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). 

8          Engagement on the draft Plan was discussed in the report “CEO Overview Report – Annual Plan 2022/23” that went to the 31 January 2022 Annual Plan Council meeting.  It advised that following decisions made at that January meeting, a report outlining the Annual Plan engagement would be presented to Council. It also advised that any engagement on the draft Plan would include pre-engagement on the next 10 year plan (2024-34). 

DISCUSSION

9          The draft 2022/23 Annual Plan (“the draft Plan”) is an update of year two of the 10 year plan 2021-31.  The draft Plan proposes no significant changes to the 10 year plan, and there are no engagement topics requiring specific feedback.

10        Traditionally, a consultation document, including a submission form, is prepared that highlights the key components of a draft Plan, and asks for feedback on specific topics.  Such a consultation document is distributed to all households.  As there are no specific areas for consultation, a consultation document is not required for this draft Plan.

11        With the uncertainty of COVID in the community and taking into consideration the challenges for staff in the planning of face to face engagement events, it is prudent for Council to make an early decision to take a different approach to annual plan engagement. In light of COVID, staff have also re-assessed the usual approaches and practices in relation to undertaking community engagement.

12        It is  recommended, however,  that an engagement process is still undertaken.  At this stage in the Council’s planning cycle, engagement continues to be important. It is an opportunity to provide updates to the community about projects currently underway, to set the scene for the next 10 Year Plan 2024-34 and for community to provide feedback to Council more generally.

Community engagement approach

13        Staff have been considering a mixed method approach to engagement that utilises both online digital content as well as print based engagement practices. Staff have also been developing a set of high level principles that will provide guidance for this mixed method approach.

14        A principles based approach to engagement has been developed and will be utilised to guide this work. The proposed principles are:

a)         Build trust through transparency and responsiveness

b)        Set clear expectations

c)         Be responsive to the Treaty of Waitangi

d)        Be inclusive and reflect diversity

e)        Make online engagement embedded practice

15        Defining success will be an important next step in developing our approach to community engagement. This will involve outlining engagement objectives, success metrics, risks and issues; as well as identifying stakeholders and designing engagement approaches accordingly.

16        The proposed objectives for the draft Plan will be to:

a)         Update the community on some of the key decisions and project progress on the 10 year plan 2021-31

b)        Update the community on some of the key decisions and projects in the forthcoming 2022/23 year

c)         Update the community on the where the DCC is at in the current planning cycle and set the scene for the 10 Year Plan 2024-34 engagement

d)        Provide online avenues for communities to engage with Council

17        A mixed method engagement approach will require different engagement tools for different engagement purposes and for different community stakeholders. In planning the engagement approach, staff have taken into consideration community diversity, youth and Māori and Pāsifika.  Staff have also considered accessibility of both print media and online social media platforms. Taking this all into account, the proposed tools for community engagement will include:

a)         Creating digital content and producing a series of short videos to tell the story of key decisions and progress on current projects

b)        Proactive use of social media platforms to share digital content

c)         Proactive media releases

d)        Advertising in print media

e)        DCC Website including updating DCC’s ‘The Future of Us’ webpage

Capturing community feedback

18        Developing accessible online resources, processes and opportunities for Council to receive community views, insights and feedback from stakeholder groups and the wider community is a critical part of the engagement approach. 

19        The community will be able to provide feedback through online processes, social media, and emails. Hearings will be held where the community can speak directly to Council via zoom, in early May 2022.  All feedback will be collated, analysed and reported back to Council for its consideration at the deliberations meeting scheduled to begin on 23 May 2022.

OPTIONS

20        While there is always the option not to adopt the proposed approach to engagement on the draft Plan, staff can identify no reason not to adopt the proposal outlined in this report. On this basis there are no recommended options.

NEXT STEPS

21        Once approved, staff will develop an Annual Plan engagement strategy for the 2022/23 draft Plan. A cross Council working group will be engaged to undertake this work and deliver the annual plan engagement approach.

 

Signatories

Author:

Sharon Bodeker - Corporate Planner

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy)

Sandy Graham - Chief Executive Officer

Attachments

There are no attachments for this report.

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

 

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 Annual Plan contributes to all of the objectives and priorities of the strategic framework and provides a focus for decision making and coordination of the Council’s resources, as well as a basis for community accountability.

Māori Impact Statement

Being responsive to the Treaty of Waitangi has been included as a key principle for the proposed Annual Plan engagement approach. Discussions will be held with Mana Whenua and Mataawaka to ensure their involvement, particularly in the development of digital content, the design of appropriate methods of engagement for Māori communities and how engagement is undertaken.

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 – external

This report discusses an approach for external engagement on the Annual Plan.

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

The online resources will be available for use by Community Boards.

 

 


Council

22 February 2022

 

 

Zero Carbon City Plan: Interim guiding Principles and Stages of Work

Department: Corporate Policy and Civic

 

 

 

 

EXECUTIVE SUMMARY

1          This report sets out proposed interim working principles for the Zero Carbon work programme.

2          Work to develop an emissions reduction plan for Dunedin has commenced. This is a complex task that will require consideration of technical detail and collaboration with many different stakeholders.

3          In order to navigate this complexity, approval is sought for working principles to guide the City Plan Development.  It is expected that these working principles will also guide other elements of the Zero Carbon Work Programme.

RECOMMENDATIONS

That the Council:

a)     Approve the proposed interim working principles for the Zero Carbon work programme.

b)     Note the proposed approach to creating the emissions reduction plan for Dunedin city.

 

 

BACKGROUND

4          The DCC has been progressing work to mitigate and adapt to climate change since 2009.

5          In June 2019, Council declared a climate emergency and moved to bring forward the emissions target for the city, as follows: 

Moved (Cr Aaron Hawkins/Cr Marie Laufiso):

That the Council:

 

 

a)        Declares a Climate Emergency.

b)        Acknowledge that all levels of central government need to act.

c)        Agrees that a business as usual transition to a low carbon economy is inadequate.

d)        Develops a Climate Emergency Plan that:

i)          Sets a city target of net zero carbon by 2030, with interim milestones;

ii)         Quantifies the actions available to Council, community and central government to ensure these targets are met.

Division

The Council voted by division:

 

For:                 Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie                         Laufiso, Damian Newell, Jim O'Malley, Kate Wilson and Dave Cull (9).

Against:         Crs Doug Hall, Mike Lord, Conrad Stedman, Lee Vandervis and Andrew Whiley (5).

Abstained:    Nil

 

                          The division was declared CARRIED by 9 votes to 5

 

Motion carried (CNL/2019/001)

 

6          The DCC’s Zero Carbon 2030 emissions reduction targets is in two parts:

·        net zero emissions of all greenhouse gases other than biogenic methane by 2030

·        24% to 47% reduction below 2017 biogenic methane emissions by 2050, including a 10% reduction below 2017 biogenic methane emissions by 2030.

7          Following Council resolution, the biogenic methane target is aligned to the national target. This target is absolute; it must be achieved without carbon offsetting. The ‘net zero’ target for other greenhouse gases could partially be achieved by using carbon offsets, if necessary.

8          The 10 year plan 2021-31 provides funding to resource the Zero Carbon work programme, including a step up in the level of dedicated staffing to progress the programme to 3.8 FTE. The anticipated outputs of the programme include an emissions reduction plan (a ‘Zero Carbon Plan’) for Dunedin city.

DISCUSSION

9          The proposed approach to developing a city emissions reduction plan has been informed by a review of other cities’ emission reduction plans both in Aotearoa/New Zealand and overseas. It has also been informed by the Government’s national emissions reduction plan discussion document and other mahi/work underway at the DCC, including the South Dunedin Futures Programme, the adoption of the Thriving Cities model and wider Strategic Refresh project. The work being undertaken in partnership with mana whenua to develop a Māori Strategic Framework that is responsive to the Treaty of Waitangi is of particular importance and will shape the approach undertaken to the Zero Carbon work programme.

Approach to developing the emissions reduction plan

10        Developing a comprehensive emissions reduction plan is a complex task. It will require collaboration with many different stakeholders, as well as consideration of technical detail. Staff anticipate that several overlapping key pillars of work will be required. These pillars will overlap with, and inform, the DCC’s internal emissions reduction programme.

11        Pillars of work include:

·        Define success: this pillar includes determining guiding principles and refining technical parameters such as the scope of the city target, methodologies for carbon accounting, the role of offsetting, and interim targets. Council decisions on these factors may be 'in principle' and iterative, to help identify the most appropriate emissions reduction pathways and actions for the city.

·        Collaboration and consultation: engaging with mana whenua, stakeholders, and the community throughout the process of plan development will be vital to ensuring that the final plan supports community wellbeing, maximises co-benefits, and is robust and implementable.

·        Emissions action options and pathways: generating various options based on Council’s definition of ‘success’ will provide a clear, evidence-based framework for public input and discussion.

·        Develop processes: embedding climate mitigation considerations into the DCC’s business-as-usual will be required to facilitate progress on the Council’s Zero Carbon 2030 target, and ultimately deliver on an emissions reduction plan. The DCC may need to change process around how it operates and makes decisions, in order to comprehensively consider climate mitigation in its operations and investments.

12        Work has commenced on three of the four pillars. Council can expect a report in mid-2022 that will seek decisions on technical parameters of the target and methodology. Staff are also progressing work on the establishment of the Zero Carbon 2030 Alliance and initial changes to DCC internal emissions management and reporting.

Working principles

13        A common approach taken by many other cities and the Government is the adoption of principles to guide emissions reduction plan development and implementation. A set of working principles agreed by Council will provide clear expectations about the strategic direction for mahi/work and help staff to navigate the complexity of developing an emissions reduction plan for Dunedin.

Methodology for developing proposed working principles

14        A review of climate mitigation guiding principles was undertaken to develop a set of proposed working principles. The sources considered in the review include:

·        the Local Government Act 2002

·        the Doughnut Economics Principles of Practice

·        South Dunedin Future Programme’s working principles

·        He Pou a Rangi/the Climate Change Commission’s advice to the Government on the first three emissions budgets and direction for its emissions reduction plan 2022 - 2025 (Ināia tonu nei: a low emissions future for Aotearoa)

·        Ministry for the Environment’s national emissions reduction plan discussion document (Te hau mārohi ki anamata – Transitioning to a low-emissions and climate-resilient future)

·        Emission reduction plans and strategies from other cities and regions including Wellington, Christchurch, Waikato, Queenstown Lakes, Porirua.

15        The principles were then grouped into themes. Emphasis was placed on those relevant to the Ōtepoti context. Where existing DCC approaches or principles were available, the wording from these was utilised to maximise alignment with existing work programmes.

Proposed working principles

16        The proposed working principles are listed in Table 1 below. These are suggested as interim working principles only, to enable the Zero Carbon team to continue work on developing an emissions reduction plan for the city. Once the Strategic Refresh project is complete, the interim guiding principles could be reviewed, refined, and finalised.

Table 1. Proposed interim working principles for the Zero Carbon work programme

How we work

Uphold the Treaty of Waitangi

We acknowledge our Treaty of Waitangi responsibilities and are committed to working in partnership to provide opportunities for Mana Whenua and Mataawaka to contribute to decision making processes and to have an active role in the city’s climate mitigation.

Collaborative, constructive, and transparent

We work in an open and transparent way alongside the local community, business, and organisations.

Consider different spheres of influence

We take action on what we can control directly, and work to influence areas outside of our control (for example, through advocacy to central government).

How we think

Thinking long-term

 

We take a long-term view to 2030 and beyond, considering the interests of future as well as current communities. Dunedin will need to adopt actions that not only set it on a path to meet emissions reduction targets, but which sustain achievement of those targets beyond 2030. Meeting these goals requires a long-term view of investments and infrastructure developments. We also acknowledge the uncertainty of the future and work in a flexible, adaptable manner.

Maximise co-benefits for people, planet, and economy

We consider the impact of different approaches on equity and wellbeing, the environment, and the economy. We seek opportunities for co-benefits and consider how any negative impacts could be mitigated.

Considering value

We prioritise actions with higher value, accounting where possible for the costs and consequences of both action and inaction.

Evidence-led

We utilise data and evidence, and strive to follow international best practice. We acknowledge the urgency of climate change mitigation and are committed to contributing to global efforts to limit warming to 1.5°C.

 

OPTIONS

Option One – Recommended Option

 

17        Endorse the proposed working principles, with any amendments.

Advantages

·        Provides clarity to staff to enable faster progress on work to create a city emissions reduction plan.

Disadvantages

·        None identified.

Option Two – Status Quo

18        Do not endorse the proposed working principles for the city emissions reduction plan.

Advantages

·        None identified.

Disadvantages

·        Does not provide clarity for staff on work to create a city emissions reduction plan.

NEXT STEPS

19        The Zero Carbon is in the process of procuring external technical expertise to progress the ‘defining success’ pillar of work. Council decisions will be sought on ‘defining success’ by mid-2022.

20        The overarching Council target, working principles, and any further developments on national emissions reduction will continue to guide the mahi/work to develop a city emissions reduction plan.

21        An update on the Zero Carbon City Plan will be reported to the Planning and Environment Committee in July 2022, with further reporting to follow.

 

Signatories

Author:

Florence Reynolds - Senior Policy Analyst, Zero Carbon

Jinty MacTavish - Principal Policy Advisor Sustainability

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy)

Attachments

There are no attachments for this report.

 


 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

The Zero Carbon work programme is anticipated to promote the social, economic and environmental well-being of communities in the present and for the future, by facilitating a transition to a low carbon economy.

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 Zero Carbon work programme has been assessed as directly contributing to the goals of the Economic Development and Environment Strategies, with clear links to the 3 Waters Strategy, Spatial Plan and Integrated Transport Strategy, Energy Plan 1.0, the DCC’s Carbon Management Policy and the DCC’s Emissions Management and Reduction Plan. Action to reduce emissions is also likely to have co-benefits that contribute to the goals of the Social Wellbeing and Arts and Culture Strategies.

Māori Impact Statement

As work progresses on the Zero Carbon work programme, staff will work with Mana Whenua and Mataawaka through the appropriate avenues. No external engagement has been undertaken in relation to this report.

Sustainability

Climate change mitigation/emissions reduction efforts are considered key to sustainability. ‘Climate Action’ is one of the United Nation’s Sustainable Development Goals, reflecting the centrality of action on climate change to the achievement of sustainable development. Without significant cuts to emissions, climate change impacts will further accelerate, with commensurate negative impacts on the social, environmental, cultural and economic wellbeing of New Zealand communities. Conversely, actions to reduce emissions generally have significant co-benefits in terms of community wellbeing.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Funding for the Zero Carbon work programme was provided through the 2021 – 2031 10 year plan. There are no implications for the LTP or annual plans associated with this paper.

Financial considerations

There are no financial considerations with this paper, however there will likely to be financial considerations related to implementation of the Zero Carbon City Plan going forward.

Significance

As this report presents interim working principles only, it has been considered low significance in terms of the Council’s Significance and Engagement Policy.

Engagement – external

This report draws on existing work by central government agencies, local government, and other organisations. No direct external consultation has been undertaken.

Engagement - internal

Staff engaged with a number of teams to refine the proposed working principles. The report draws on existing working principles for the South Dunedin Future programme.

Risks: Legal / Health and Safety etc.

It is considered that there are some reputational risks for the DCC associated with non-delivery on emissions reduction ambitions, given the target adopted by Council in 2019.

Conflict of Interest

No conflict of interest have been identified.

Community Boards

There has been no engagement to date with Community Boards as part of the Zero Carbon work programme.

 

 


Council

22 February 2022

 

 

Proceeds from the Sale of Assets

Department: Corporate Policy

 

 

 

 

EXECUTIVE SUMMARY

1          The Council has received proceeds from the sale of two properties, the Dowling Street Carpark site and a High Street Housing Unit.

2          The Financial Strategy as adopted in the 10 year plan 2021-31 provides options for the use of proceeds from the sale of assets.  A copy of the Financial Strategy is at Attachment A. 

3          This paper looks at the options in the Financial Strategy and then asks Council to consider what options it wishes to apply to proceeds from the sale of the two properties.

RECOMMENDATIONS

That the Council:

a)     Invests the sales proceeds of $3.000 million from the Dowling Street Carpark into the Waipori Fund.

b)     Repays $675,000 of debt using the sales proceeds from the High Street Housing unit A2, 7 Montpellier Street.

c)     Invests the remaining $50,000 of sales proceeds from the High Street Housing unit A2, 7 Montpellier Street into the Waipori Fund.

 

BACKGROUND

4          As part of the development of a 10 year plan, Council must prepare a Financial Strategy.  The Financial Strategy provides a guide that proposals for funding and expenditure can be assessed against, and for making transparent the overall effects of proposals on Council’s services, rates, debt, and investments. 

5          The adopted Financial Strategy in both the 2015-25 Long Term Plan, and the 10 year plan 2018 - 28 provided the following guidance for the use of surplus funds:

“Surplus Funds

Any surplus funds will be spent according to the following priorities: repaying debt, investing in Dunedin and priority projects”. 

6          This wording has meant that when considering priorities, surplus funds were only used to repay debt.

7          The current financial strategy adopted as part of the 10 year plan 2021-2031 revised the options for the use of surplus funds.  It states the following:

“Surplus funds

In general, any surplus funds will be used to repay debt, invest in Dunedin, and help pay for priority projects.

In deciding to dispose of an asset, the Council may consider the option of using the proceeds to invest in an income generating asset (e.g., Waipori Fund) rather than pay down debt.  The Council would elect to do this at the time of the approval to dispose.”

8          The change in wording means that the repayment of debt is no longer first priority for the use of surplus funds, and options are now available to Council.

9          At its meeting on 27 October 2020, Council agreed to sell the Dowling Street Carpark Site.  The report was silent on how the sales proceeds should be used. 

10        At its meeting on 30 June 2021, Council agreed to sell the High Street Housing Unit.  At that meeting, it was noted that a report on how to deal with the proceeds of the sale would be prepared for Council’s consideration once the sale had been completed. 

11        Approvals to dispose of these assets were done prior to the formal adoption of the current financial strategy.

DISCUSSION

12        While the financial strategy discusses how surplus funds will be used, there is no definition of “surplus funds”.  The financial strategy also uses the term “proceeds”.  For the purposes of this report, surplus funds include any proceeds available from the sale of an asset. 

13        Within the current financial strategy, various options are available for the use of proceeds and these are discussed below. 

14        Repayment of debt – proceeds may be used to reduce debt, which in turn will reduce the cost of borrowing. 

15        Invest in Dunedin – a definition of “invest in Dunedin“ is not provided in the financial strategy.  The meaning has never been considered, as proceeds have always been used to repay debt under previous financial strategies.  Investing in Dunedin could include investing in new projects for the city. 

16        Priority projects – proceeds may be applied to projects that Council considers are a priority for Council.  Again, there is no definition of priority projects, but these could include existing projects or initiatives of council.

17        Income generating assets – proceeds may be used to purchase an income generating asset, e.g., investment in the Waipori Fund or purchase of an investment property that generates income. 


 

Waipori Fund

18        The Waipori Fund (“the Fund”) is an income generating asset held by Council.  It is a diversified investment portfolio comprising both fixed interest deposits and equity investments.  The Fund is manged by Dunedin City Treasury Limited on behalf of Council, using the Statement of Investment Policy and Objectives (SIPO) approved by Council.  The SIPO defines the primary objectives of the fund to be:

·    Maximise its income, subject always to a proper consideration of investment risk; and

·    Grow the Fund’s base value while maintaining an agreed cash distribution to Council. 

19        Fund performance is reported to Council on a quarterly basis through the Finance and Council Controlled Organisations Committee.  The latest report, “Waipori Fund – Quarter Ending December 2021” that went to the Committee meeting of 9 February 2022, reported a total annualised return of 8.1% over the period June 2014 - December 2021.  This return compares favourably to Council’s cost of borrowing of 2.85% included in the current 10 year plan. 

20        Income earned from the Fund is used to offset operating expenditure. 

21        Council has recently sold two properties and has proceeds from each.  Details of these properties are provided below.

Dowling Street Carpark Site

22        The Council owned the carpark at 15, 15A, 15B and 15C Dowling Street.  At its meeting on 27 October 2020, Council agreed to sell the Dowling Street Carpark Site to Ngai Tahu Property Limited for an office development.  The report was silent on how to use the sales proceeds.  This sale settled on 20 August 2021. 

23        The Dowling Street Carpark Site was held by DCC as an income earning asset.  There was no associated debt with this property.  This asset was sold for $3.000 million. 

24        These proceeds have been deposited in the Council’s current bank account, in line with the budget as set out in the 10 year plan 2021-31.  The 10 year plan has assumed that the proceeds will be used to pay for expenditure that would otherwise be funded from debt.

High Street housing unit

25        In 2018, Council agreed to purchase a three-bedroom unit as part of the Urban Cohousing Otepoti Limited (UCOL) development on the former High Street School site. As part of the decision to buy, Council resolved to purchase the unit with a view to on selling the unit at the earliest possible time.

26        Council’s decision to purchase the unit was made in part to support the development of the site as an “anchor tenant”, and in part providing some level of confidence to potential lenders of the financial viability of the project.  The purchase price of $675,000 was funded by debt. 

27        At its meeting on 30 June 2021, Council agreed to sell the property.  The sale of the unit settled on 14 February 2022, selling for $725,000.  

OPTIONS

28        When deciding on how proceeds will be used, the cost of borrowing compared to the potential returns on income generating assets should be considered, to determine the most favourable financial outcome for Council at the time of sale.

29        A combination of the available options could apply to the use of proceeds. 

30        Options for use of the proceeds from each property are considered separately. 

31        Staff recommend that in the first instance, if there is any debt associated with a disposed asset, then this debt is repaid.  Any remaining funds could then be invested in the Waipori Fund, as currently the returns on this income generating asset are favourable compared to Council’s cost of borrowing.

 

Dowling Street Carpark Site

Option One– Investment in Waipori Fund (recommended option)

32        The Dowling Street Carpark was an income generating asset with no associated debt.  This option recommends that all proceeds from the sale of the Dowling Street Carpark Site are invested in the Waipori Fund, as an income generating asset with favourable returns compared to Council’s cost of borrowing.

Advantages

·        The Waipori Fund will achieve increased investment returns to Council that can be used to offset operating expenditure. 

·        The investment replaces an income generating asset.

Disadvantages

·        There would be no reduction in Council debt.

·        Funds would not be available for priority projects or investment in Dunedin. 

 

Option Two – Repayment of debt

33        Proceeds from the sale of the Dowling Street Carpark Site, or some portion of the proceeds, are used to repay debt. 

Advantages

·        Debt would be reduced by up to $3.000 million.

Disadvantages

·        Investment returns, more favourable than the cost of borrowing will not be realised and made available to Council for offset against operating expenditure. 

·        Proceeds would not be available to fund expenditure that would otherwise be funded from debt.

·        Council has not replaced an income generating asset.

 

High Street Housing unit

Option Three – Repayment of $675,000 of debt, and investment of $50,000 the in Waipori Fund (recommended option)

 

34        The High Street Housing Unit purchase of $675,000 was funded by debt.  A surplus of $50,000 was made on the sale of the property.  This option recommends that proceeds of $675,000 from the sale are used to repay debt, and the remaining proceeds of $50,000 are invested in the Waipori Fund.

Advantages

·        Repayment of debt for an asset no longer owned by Council. 

·        The Waipori Fund will achieve increased investment returns to Council that can be used to offset operating expenditure. 

Disadvantages

·        Funds would not be available for priority projects or investing in Dunedin. 

·        Debt will not be reduced by a further $50,000

 

Option Four – Repayment of debt of $725,000 

35        All proceeds from the sale of the High Street Housing unit are used to repay debt.

Advantages

·        Repayment of debt for an asset no longer owned by Council. 

·        Debt will be reduced by a further $50,000.

Disadvantages

·        Investment returns, more favourable than the cost of borrowing will not be realised and made available to Council for offset against operating expenditure. 

·        Funds would not be available for priority projects or investing in Dunedin. 


 

NEXT STEPS

36        Staff will implement the decisions made by Council.

37        The Financial Strategy will be updated as part of the next 10 year plan.  It could include a more refined framework for dealing with future sales proceeds. 

38        If any further assets are disposed of, options on how to use the proceeds will be presented at the time of seeking the approval to dispose. 

 

Signatories

Author:

Sharon Bodeker - Corporate Planner

Authoriser:

Gavin Logie - Chief Financial Officer

Sandy Graham - Chief Executive Officer

Attachments

 

Title

Page

a

Financial Strategy

194

 

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 use of sales proceeds is considered in terms of the Council’s Financial Strategy. 

Māori Impact Statement

There are no specific impacts for Māori from use of surplus funds, but the community as a whole will receive the benefits from their use, either through receiving investment income that can be used to offset operating expenditure, or reduced borrowing cost from the repayment of debt. 

Sustainability

The Financial Strategy considers matters of sustainability and financial resilience.  Decisions made on the use of sales proceeds are considered in terms of this strategy. 

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The use of sales proceeds is considered in terms of the Council’s Financial Strategy.

Financial considerations

Financial implications are discussed in the body of this report.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

 

 


Council

22 February 2022

 

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Council

22 February 2022

 

 

DCC submission: improving the protection of drinking water sources

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY

1          This report seeks the Council’s approval of a draft submission to the Ministry for the Environment (MfE) on proposed amendments to the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 (NES-DW). The draft submission is attached to this report as Attachment A.

2          The proposed amendments to the NES-DW are discussed in the consultation document ‘Kia kaha ake te tiakina o ngā puna wai-inu: Improving the protection of drinking-water sources’, published by MfE in January 2022. The consultation document is attached as Attachmnent B.

3          The closing date for submissions on the consultation document is 6 March 2022.  MfE expects an amended NES-DW to be published in the New Zealand Gazette in the second half of 2022.

RECOMMENDATIONS

That the Council:

a)     Approves, with any amendments, the draft DCC submission to the Ministry for the Environment at Attachment A.

b)     Authorises the Mayor or his delegate to speak to the DCC submission at any hearing on the proposals.

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

 

BACKGROUND

4          National Environmental Standards are regulations made under section 43 of the Resource Management Act 1991. They may set out technical standards, methods or requirements relating to specific environmental or planning matters. NES provide consistent rules across the country by setting planning requirements for specified activities.

5          From source to tap, multiple barriers are required to ensure the safety of drinking water.  The first barrier is protecting the source water – rivers, lakes, and aquifers – from contamination. The current NES-DW came into effect in 2008 and was intended to reduce the likelihood that water bodies used for community drinking water supply could become contaminated in a manner that would affect the safety and wholesomeness of drinking water after it had undergone a treatment process.

6          The Ministry for the Environment (MfE) initiated a review of the NES-DW in 2017 to assess its implementation and effectiveness and to consider the findings of the Government Inquiry into Havelock North Drinking Water. The Havelock North Inquiry identified multiple issues with the New Zealand’s drinking water regulatory regime, including ‘significant problems’ with the NES-DW and the protection of source water.

7          In addition to the proposed amendments to the NES-DW, other steps to improve the management of sources of drinking water have been introduced through the Water Services Act 2021. The Act requires all drinking-water suppliers other than domestic self-suppliers to prepare Source Water Risk Management Plans (SWRMP), which will form part of suppliers’ water safety plans. The Water Services Act 2021 also amended the Resource Management Act 1991 to require consenting authorities to consider effects on sources of registered drinking water supplies.

DISCUSSION

Proposed amendments to the NES-DW and feedback sought

8          MfE, through the consultation document at Attachment B, is seeking feedback on three proposals:

a)         Standardising the way source water areas are defined - this involves establishing a scientifically derived methodology for mapping Source Water Risk Management Areas (SWRMAs) for different types of water bodies (rivers, lakes and aquifers), based on the time it takes for contaminants to travel to a source water intake and the level of filtration or mixing before reaching the intake. Three SWRMA zones are proposed.

b)        Strengthening regulation of activities around water sources – this involves ensuring higher-risk activities are managed through more stringent controls and considerations of the impact of activities on source water are applied consistently.

c)         Including more water suppliers under the NES-DW – this involves expanding the application of the NES-DW to include all drinking water suppliers regulated under the Water Services Act 2021 (ie. all drinking water suppliers other than domestic self-suppliers).

9          The consultation does not include draft regulations / draft provisions. It sets out general proposals and poses consultation questions for feedback. MfE will use the feedback given in response to the consultation questions to inform drafting of the revised NES-DW. MfE expects an amended NES-DW to be published in the New Zealand Gazette in the second half of 2022.

Impacts on the DCC

10        The proposed amendments to the NES-DW would impact the DCC as a water supplier, and could potentially impact the DCC as a resource user (discharger) and as a regulatory authority with district planning functions.

11        The proposed amendments would benefit the DCC as a drinking water supplier by:

a)         enabling specified activities around source water intakes that are necessary to support a safe drinking water supply to be undertaken without consent

b)        clearly identifying SWRMAs and providing stronger controls on activities within those SWRMAs that may impact the quality of source water

c)         providing for greater involvement in resource consenting processes for activities in SWRMAs.

12        The proposed amendments to the NES-DW would impose stronger requirements on drinking water suppliers, regional councils and resource users to engage with each other in relation to activities in SWRMAs. For regional councils, substantial work is likely to be required to map SWRMAs for all registered drinking water supplies.

Key DCC feedback points on proposed amendments

13        The draft submission expresses general support for three proposals set out in the consultation document as an improvement to the existing regime for protection of source water.

14        In terms of the proposed measures to standardise the way source water areas are defined and strengthen regulation of activities around water sources, the draft submission supports the proposals as a minimum baseline. In doing so, the draft submission suggests that an amended NES-DW be drafted so that it provides for locally-specific extensions to the default SWRMA delineations based on risk, and options for drinking water suppliers to seek stronger controls on activities in SWRMA based on risk.

15        Detailed responses to a selection of the consultation questions are attached to the draft DCC submission as Appendix 1. These responses are intended to highlight issues for MfE’s consideration as it drafts a revised NES-DW.

OPTIONS

Option One (Recommended Option) – submit on the proposed amendments to the NES-DW

 

16        Approve, with any suggested amendments, the draft submission to MfE on proposed amendments to the NES-DW.

Advantages

·        Allows the DCC to highlight issues for MfE’s consideration as it develops a revised NES-DW.

Disadvantages

·        There are no identified disadvantages for this option.

Option Two – do not submit on the proposed amendments to the NES-DW

17        Do not approve the draft submission.

Advantages

·        There are no identified advantages for this option.

Disadvantages

·        Missed opportunity to highlight issues for MfE’s consideration.

NEXT STEPS

18        If the Council approves the draft submission it will be sent to MfE by the deadline (6 March 2022).

19        Approval is sought for the Chief Executive to make minor editorial changes to the submission.

 

Signatories

Author:

Scott Campbell - Policy Analyst

Jacinda Baker - Policy Analyst

Authoriser:

Zoe Moffat - Planning Manager

Simon Drew - General Manager Infrastructure and Development

Attachments

 

Title

Page

a

Draft DCC submission

207

b

Consultation document - improving the protection of drinking-water sources

225

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

The draft submission has been prepared in line with the goals and objectives of Dunedin’s strategic framework.

Māori Impact Statement

Impacts of the proposed amendments to the NES-DW for iwi/Māori are set out at pages 39-42 of the consultation document (Attachment B).

Sustainability

The proposed amendments to the NES-DW aim to support the sustainability of New Zealand’s drinking water sources.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications on these plans or strategies that are directly related to a DCC submission on proposed amendments to the NES-DW.

Financial considerations

There are no financial implications directly related to a DCC submission on proposed amendments to the NES-DW.

Significance

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

Engagement – external

There has been no external engagement on the development of the draft DCC submission attached to this report.

Engagement - internal

Staff from the 3 Waters Group, City Development and Parks and Recreation Services were involved in the development of the draft submission.

Risks: Legal / Health and Safety etc.

There are no identified risks directly related to a DCC submission on the proposed amendments to the NES-DW.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The protection of drinking water sources is of interest to all parts of the city including those areas covered by Community Boards.

 

 


Council

22 February 2022

 

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Council

22 February 2022

 

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Council

22 February 2022

 

 

Regulatory Subcommittee recommendations on the proposed parking changes-December 2021

Department: Transport

 

 

 

 

EXECUTIVE SUMMARY

1          This report presents the recommendations of the Regulatory Subcommittee (the Subcommittee) on proposed minor changes or clarifications to current parking restrictions, and corrections to the parking controls database of the Dunedin Traffic Parking Bylaw 2010 (the GIS database).

2          After considering the proposed changes and the feedback from consultation, the Subcommittee recommends that all proposed minor changes, clarifications to parking restrictions and corrections to the GIS database be approved.

3          If approved, the changes recommended by the Subcommittee, will be included into the GIS database and become part of the Dunedin City Traffic and Parking Bylaw 2010.

RECOMMENDATIONS

That the Council:

a)     Notes that the Subcommittee has considered feedback from consultation on the proposed changes to parking restrictions

b)     Adopts the recommended minor changes, clarifications and corrections to the parking controls that are shown in the December 2021 update of the GIS database, https://tinyurl.com/ParkingDecember2021

c)     Notes that all parking restrictions previously approved by Council remain unchanged.

 

BACKGROUND

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

5          Council maintains a Geographic Information System map of traffic and parking restrictions which reflects all on-street parking restrictions that are implemented with markings and/or signs.

6          The Subcommittee has the delegation to make recommendations regarding traffic and parking restrictions to Council.

7          Recommended changes or clarifications to parking restrictions and corrections to the database are shown at https://tinyurl.com/ParkingDecember2021 and detailed in Attachments A (TPC 28-Minor changes)    and B (TPC 29-Clarifications and corrections).

Public consultation

 

8          Consultation on the recommended minor changes to parking restrictions included:

a)         Engagement with affected parties when parking changes to improve safety, efficiency or access were proposed.

 

b)        Engagement with the Otago Regional Council (ORC) when changes related to the operation of the bus network were proposed.

 

9          Officers consulted on proposed minor changes to parking restrictions with affected parties in July 2021. A letter with a diagram explaining the proposed changes was provided to property owners, residents and businesses impacted by the changes to give them the opportunity to comment on the proposal. 

10        In each case, feedback was considered by officers. In some instances, modifications to the proposal were made before they were presented to the Subcommittee. The Subcommittee considered the final proposed changes on 23 November 2021.

DISCUSSION

Subcommittee findings

Minor changes

 

Minor changes to parking restrictions are detailed in attachment A (TPC 28-Minor changes).

 

Minor changes of note presented to the Subcommittee are:

 

11        Six Resident Only Parks (ROP) that were not allocated in the past two years are proposed to be converted into unrestricted parks. These spaces are not located in the Inner-City residential zone and had been implemented as an exception to ROP Policy. Current and previous permit holders were consulted on this change.

12        A proposal from the 12 October 2021 Subcommittee, to change restrictions outside of 21 The Octagon, has been amended following consultation with the Regent Theatre. As part of the initial proposal, officers sought to change the parking restriction from five minutes to unrestricted parking from 6pm to 11pm to support nearby businesses in the evening. The Regent Theatre has advised that the proposed change would negatively impact the pick-up and drop-off of customers attending the theatre. The proposal is now modified to include an overnight no parking restriction between 11pm and 7am. The spaces will remain as five-minute parks between 7am and 11pm. The proposal is supported by New Zealand Police and the Regent Theatre.

Parking spaces-Losses and gains

 

13        In total, it is proposed there will be a net gain of three parks across the city. The table below shows the net losses and gains due to the proposed parking changes:

There is a small increase of parking in the city. The table below shows the net gains and losses by zone:

Clarifications and corrections

 

14        Clarification of parking restrictions and corrections to the database are detailed in (Attachment B) (TPC 29-Clarifications and corrections). They do not change current parking restrictions, but include:

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

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

OPTIONS

15        Three options are proposed. The recommended option is to proceed with the recommended changes to the GIS database. Option Two is return the changes to the Subcommittee for further consideration. Option Three is maintaining the status quo.

 

 

Option One – Recommends Council to approve the proposed changes to the parking controls database (Recommended Option)

 

Advantages

·        Improves safety, efficiency and access on the transport network.

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

 

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

Disadvantages

·        There are no identified disadvantages.

Option Two – Return the changes proposed back to the Subcommittee to reconsider and retain the existing parking controls database without amendment

Advantages

·        The subcommittee will be given more time to consider changes to parking restrictions proposed.

Disadvantages

·        The needs of residents and road users regarding parking restrictions will be delayed.

·        Improvement of safety or reduction of conflict points will be delayed.

·        Enforcement of changes proposed will not be enforceable.

Option Three – Do not accept the recommendations from Subcommittee and retain the existing parking controls database without amendment(Status Quo) 

 

Advantages

·        There are no identified advantages.

Disadvantages

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

·        Does not improve safety or reduce conflict points.

·        Does not contribute to the Integrated Transport Strategy goals.

NEXT STEPS

16        If the recommended changes to the parking controls database are adopted by Council, the recommended changes to parking restrictions, will be implemented through appropriate signs and road markings, and restrictions be enforced under the Traffic and Parking Bylaw.

 

Signatories

Author:

Paula Barragan - Policy Analyst - Transport Regulation

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

 

Title

Page

a

Minor changes-TPC28

298

b

Clarifications and corrections-TPC29

301

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

Establishing and changing traffic and parking restrictions support the achievement of a safe, efficient and accessible transport network, and supports the social and economic wellbeing of Dunedin communities.

Māori Impact Statement

There are no known impacts for

Sustainability

Parking control changes improve efficiency and access to the transport network, which contribute to sustainability goals.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

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

Significance

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

Engagement – external

Engagement has been undertaken with relevant and affected parties.

Engagement - internal

Changes have been consulted with Transport, Property and Library services and Network Operations and Maintenance.

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 significant changes within the boundary of the Community Boards.

 

 


Council

22 February 2022

 

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22 February 2022

 

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Council

22 February 2022

 

 

Regulatory Subcommittee recommendations on Keeping of Animals (excluding Dogs) and Birds Bylaw review

Department: Customer and Regulatory and Executive Leadership Team

 

 

 

 

EXECUTIVE SUMMARY

1          This report presents the recommendation of the Regulatory Subcommittee (the Subcommittee) on the proposed Keeping of Animals Bylaw (the Bylaw) following a review. It recommends the Council adopts the Bylaw (see Attachment A) with a date of effect of 1 July 2022.

2          The main change in the Bylaw is to ban keeping roosters in residential zone areas unless owners have written permission from Council. Note that this:

·        Allows responsible owners to keep roosters in residential areas, and

·        Does not restrict rooster ownership outside of residential areas.

3          There will be a phased approach with rooster owners in residential zone areas able to apply for permission.

4          Adoption of the Bylaw requires the Council to revoke the current Keeping of Animals (excluding Dogs) and Birds Bylaw.

 

RECOMMENDATIONS

That the Council:

a)     Notes that the Regulatory Subcommittee has heard and considered submissions on the Keeping of Animals (excluding Dogs) and Birds Bylaw review.

b)     Makes the Keeping of Animals Bylaw (see Attachment A) which includes Option One for managing rooster issues – Option One is to ban keeping of roosters from residential zone areas unless written permission from Council.

c)     Approves a date of effect for the Keeping of Animals Bylaw of 1 July 2022.

d)     Revokes the Keeping of Animals (excluding Dogs) and Birds Bylaw from 1 July 2022.

 

BACKGROUND

Council resolutions

5          On the 27 October 2020, the Council approved the early review of the bylaw with a view to include provision to address ongoing noise issues with roosters.

6          Following a review, including initial consultation, a new Keeping of Animals Bylaw was proposed. On 28 September 2021, the Council approved the proposed bylaw and statement of proposal for consultation.

Proposed Bylaw

7          The main proposed change was banning the keeping of roosters in residential zone areas unless owners have written permission. This was in response to feedback about noise nuisance issues. Permission would be at the discretion of the Chief Executive or an Enforcement Officer and could be conditional.

8          It was also proposed that the Bylaw allows the Council to make controls for animals between bylaw reviews. This would allow greater flexibility should the city’s needs change. There would be appropriate community engagement on any proposed future amendments.

9          Some minor amendments were proposed to clarify some sections. Explanatory notes have been added.

10        For further background information on the purposes of bylaws and the history of Dunedin’s Keeping of Animals (excluding Dogs) and Birds Bylaw, see Attachment B, the report to the Regulatory Subcommittee on consultation results.

DISCUSSION

Community engagement

11        Formal consultation took place from Monday 18 October 2021 until Wednesday 17 November 2021. Methods included information on the Dunedin City Council (DCC) website and in the Otago Daily Times noticeboard, FYI, posts on social media, and targeted emails to stakeholders. Community Boards and the People’s Panel were also advised.

Results of consultation

12        The Subcommittee considered all 151 submissions made on the proposed Bylaw. Most submissions were from individuals but some represented organisations such as the Dunedin Poultry, Pigeon and Cage Bird Club, Predator Free NZ, Predator Free Dunedin, NZ Forest and Bird, and Community Boards.

13        Responses to options on managing rooster issues were polarised with some wanting a complete ban on keeping roosters in residential areas and others preferring the status quo of no restrictions. The main reason for those wanting a ban was noise. Key reasons for those wanting the status quo were the importance of poultry breeding and general support for roosters.

14        Some submitters were concerned about cats and their effect on wildlife.

15        See Attachment B for full results of the consultation.

Subcommittee recommendation

16        The Subcommittee met on 30 November 2021 to consider submissions, hear from nine submitters and deliberate. See Attachment C for the minutes of the Keeping of Animals (excluding Dogs) and Birds Bylaw review hearings and deliberations.

17        Its recommendation is:

Moved (Cr Andrew Whiley/Cr Rachel Elder):

That the Subcommittee:

a)     Notes the results of the consultation on the review of the Keeping of Animals (excluding Dogs) and Birds Bylaw;

b)     Recommends that Council approves the proposed Keeping of Animals Bylaw which includes Option One for managing rooster issues.

Option One: Ban keeping of roosters from residential areas unless written permission from council.

 

Motion carried

 

Roosters

18        The Subcommittee recommendation for managing roosters is in response to submissions and provides greater ability to protect the public from nuisance and ensure public health and safety.

19        It recognises the benefits of roosters by allowing responsible owners to keep them in residential areas, with written permission. The benefits include maintaining heritage poultry breeds, contributing to a sustainable food source and economic gains from poultry shows.

20        In response to feedback and rural-residential activities, the recommendation does not restrict rooster owners outside residential areas (e.g., in rural-residential areas).

Cats

21        There were a number of submissions about cats from organisations such as Predator Free and the Society for Prevention to Cruelty to Animals.

22        The Subcommittee acknowledges that cat issues relating to the protection of wildlife are outside the scope of this bylaw. The preferred option for addressing cat issues is to work with local organisations towards responsible cat ownership through education, information and promotion of good practice. The Subcommittee encourages staff to pursue this.

23        The current bylaw already allows the Council to impose a limit on the number and/or species of animals kept at a property if owners are non-compliant with addressing a nuisance or public health and safety issues. No change to this is proposed.

Other considerations

Process for managing roosters in residential areas

24        Before the Bylaw takes effect, staff will work with stakeholder groups to share information about the change and how to arrange written permission. Any rooster owner will be able to apply for permission. Approval will be granted if there are no concerns e.g., no history of valid noise complaints.

25        When the Bylaw takes effect, a complaint-based approach will be used to manage the ban on keeping roosters in residential zone areas.

26        If a complaint is received, staff will work with the rooster owner and may consult with the Poultry, Pigeon and Cage Bird Club to try and resolve the issue.

27        If noise complaints continue and the issue is not resolved, staff will take more formal steps which could include revoking any written permission, noise monitoring, written notice and, if necessary, seizure of the rooster.

Date of effect

28        1 July 2022 is recommended as a date of effect to allow lead-in time for rooster owners as well as for any relevant fees and charges to be set.

New Bylaw

29        Due to the proposed changes being significant, it is proposed that the Council makes a new bylaw and revokes the Keeping of Animals (excluding Dogs) and Birds Bylaw. The new bylaw will be reviewed within five years, as required under the Act, rather than the ten year review period specified for an existing bylaw.

External legal review

30        The Bylaw was reviewed by an external legal firm following the Subcommittee hearings and deliberations. This resulted in minor amendments to definitions and paragraph structure.

OPTIONS

31        Options are to accept the Subcommittee recommendations, not to accept the recommendations or refer the Bylaw back to the Subcommittee for further consideration.

Option One – Accept recommendations of Subcommittee (Recommended Option)

 

32        This option is to make the Bylaw and to revoke the Keeping of Animals (excluding Dogs) and Birds Bylaw.

Advantages

·        Improved ability to protect public health and safety and to protect the public from nuisance

·        Allows responsible owners to keep roosters in residential areas (with written permission)

·        Allows control over any nuisance issues with owners who are granted permission

·        Does not restrict rooster ownership outside residential areas.

Disadvantages

·        Potentially more restrictive for rooster owners in residential areas.

Option Two – Do not accept recommendations of Subcommittee (Status Quo)

33        This option is not to make the Bylaw and not to revoke the Keeping of Animals (excluding Dogs) and Birds Bylaw.

Advantages

·        Less restrictive for rooster owners in residential areas.

Disadvantages

·        Less ability to protect public health and safety and to protect the public from nuisance

·        Does not address the ongoing noise issues with roosters.

Option Three – Refer the Bylaw back to the Subcommittee for further consideration

Advantages

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

Disadvantages

·        Could impact the proposed implementation timeframe for the Bylaw.

NEXT STEPS

34        If the Council approved the Subcommittee’s recommendation, then staff will work towards implementing the Bylaw on 1 July 2022.

 

Signatories

Authoriser:

Andrew Whiley - Chairperson, Regulatory Subcommittee

Attachments

 

Title

Page

 

a

Keeping of Animals Bylaw 2022

310

 

b

Report to Regulatory Subcommittee on results of consultation

315

 

c

Minutes of Regulatory Subcommittee hearings and deliberations

322

 

 SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

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

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

This decision contributes to the healthy and safe priority of the Social Wellbeing Strategy and the liveable city priority of the Spatial Plan.

Māori Impact Statement

There are no specific impacts for Māori.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Any relevant fees and charges will be consulted on through the Annual Plan process.

Financial considerations

Any relevant fees and charges will be consulted on through the Annual Plan process.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy. However, it is acknowledged that there are polarised views on managing the keeping of roosters.

Engagement – external

The special consultative procedure was used to consult on this bylaw review, as required by the Local Government Act. The Bylaw has been reviewed by In-House Legal Counsel as well as peer reviewed by external legal counsel.

Engagement - internal

There has been internal engagement with Council Communications and Marketing, Governance and In-House Legal Counsel for this report.

Risks: Legal / Health and Safety etc.

There are no identified risks associated with this report.

Conflict of Interest

There is no known conflict of interest.

Community Boards

Community Boards were identified as key stakeholders and are being engaged with throughout this review. They were asked to circulate information on the review and the consultation through their community networks. Some Community Boards made submissions to the review.

 

 


Council

22 February 2022

 

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Council

22 February 2022

 

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Council

22 February 2022

 

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Council

22 February 2022

 

 

Notice of Motion 3 Waters

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          In accordance with Standing Order 26.1, the following valid Notice of Motion has been received from Cr Andrew Whiley for inclusion on the agenda for the meeting being held on Tuesday, 22 February 2022. 

2          As this is a similar Notice of Motion, in accordance with Standing Order 26.7 (which requires that the Notice of Motion has been signed by not less than one third of all members).  Six Councillors, being Crs Whiley, O’Malley, Elder, Barker, Houlahan and Radich have signed the Notice of Motion.

 

RECOMMENDATIONS

That the Council:

a)     Considers the Notice of Motion.

 

 

Signatories

Author:

Clare Sullivan - Manager Governance

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy)

Attachments

 

Title

Page

a

Notice of Motion (with explanatory note)

327

b

Memorandum of Understanding

328

  


Council

22 February 2022

 

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Council

22 February 2022

 

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Council

22 February 2022

 

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 - 14 December 2021 - Public Excluded

S7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

 

S7(2)(c)(i)

The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

 

.

 

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  Proposed Ōrau and Okaihae Marine Reserves

S7(2)(g)

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

 

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.

 

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.