Agenda of Council - Tuesday, 30 August 2022

Council

30 August 2022

ITEM TABLE OF CONTENTS PAGE

1 Public Forum 5

1.1 Octagon Experience - Putting on Events 5

1.2 Portobello and Harrington Point Roads Speed Limit 5

1.3 Parked Shipping Containers - Charge Rates 5

1.4 DCC Submission - Smokefree Environments and Regulated Products 5

2 Apologies 5

3 Confirmation of Agenda 5

4 Declaration of Interest 6

5 Confirmation of Minutes 19

5.1 Ordinary Council meeting - 26 July 2022 19

5.2 Extraordinary Council meeting - 9 August 2022 20

Minutes of Community Boards

6 Waikouaiti Coast Community Board - 1 June 2022 21

7 West Harbour Community Board - 1 June 2022 22

8 Otago Peninsula Community Board - 2 June 2022 23

9 Strath Taieri Community Board - 2 June 2022 24

10 Mosgiel-Taieri Community Board - 8 June 2022 25

11 Saddle Hill Community Board - 16 June 2022 26

12 Extraordinary Otago Peninsula Community Board - 17 June 2022 27

Reports

13 Actions From Resolutions of Council Meetings 28

14 Forward Work Programme for Council - August 2022 33

15 Ōtepoti Dunedin Housing Plan 2022 41

16 Peninsula Connection – Section 9AA Options 67

17 Submission on Reshaping Streets consultation 76

18 Submission on Review of Building Consent System 86

19 Submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill 123

20 Submission on the Local Government Electoral Legislation Bill 131

21 Submission on the Electoral Amendment Bill 139

22 Financial Result - Year Ended 30 June 2022 146

23 Waipori Fund - Quarter Ending June 2022 163

24 Approval to Grant Drainage Easement over part of Ocean Grove Local Purpose (Coastal Protection) Reserve 168

25 Road Declarations - Tay Street service lane, Mosgiel and Gloucester Street, Dunedin 180

26 Concession Licence for The Palmerston Waikouaiti Clay Target Club Incorporated 191

27 Proposed Event Road Closures for September - November 2022 222

Notice of Motion

28 Notice of Motion - Sale & Supply of Alcohol (Harm Minimisation) Amendment Bill 234

Resolution to Exclude the Public 236

Council

30 August 2022

Ōtepoti Dunedin Housing Plan 2022

Department: Property

EXECUTIVE SUMMARY

1 The purpose of this report is to present the draft Ōtepoti Dunedin Housing Plan 2022 (‘the Plan’) (Attachment A) which will replace the Dunedin City Housing Strategy 2010 -2020 and the Housing Plan adopted by Council in 2019.

2 The Plan has been developed in consultation with external and internal partners and stakeholders, including mana whenua, mataawaka, Kāinga Ora, housing developers, disability groups, and NGOs.

3 The Plan presents a high-level vision, goals, and expected outcomes for the city, to ensure it meets the housing needs of the community into the future.

4 The Plan takes the same approach as the Play Spaces Plan 2021, with prioritised actions agreed with the community and stakeholders on an annual basis, and with regular progress reports to Council (or appropriate Committee) and to the community.

RECOMMENDATIONS

That the Council:

a) Adopts the Ōtepoti Dunedin Housing Plan 2022 (with or without amendments).

b) Authorises the Chief Executive to make any minor editorial changes to the Ōtepoti Dunedin Housing Plan 2022

c) Notes that implementation of the Ōtepoti Dunedin Housing Plan 2022 will require ongoing engagement with the community and regular reporting to Council and the community.

BACKGROUND

5 On 29 January 2020 Council resolved:

Moved (Cr Marie Laufiso/Cr Chris Staynes):

That the Council:

a) Notes that the Community Housing portfolio is forecast to return a deficit of $600k in the draft 2020/21 budget.

b) Notes that staff will carry out a full review of both the Dunedin Housing Policy 1997, and the Social Housing Strategy 2010-2020 as part of the 10-year Plan process.

Motion carried (CAPCC/2020/020)

6 Staff reviewed the Dunedin Housing Policy 1997 and following that review, Council approved a new Dunedin City Council Community Housing Policy in January 2022, which replaced the Council Housing Policy 1997.

7 Council is a kaitiaki of the city housing ecosystem and holds both a provider/landlord (DCC Community Housing) and a regulatory role. The work on the DCC Community Housing Policy met Council’s obligations as a landlord. Any future updates on Dunedin City Council’s community housing will be provided by the Property team through reports to a Committee or Council.

8 The Plan recognises Council’s broader role as a kaitiaki of the housing ecosystem and responds to Council’s resolution to review the Social Housing strategy 2010-2020. It recognises that Council needs to work in partnership with the community, and focuses on the right to decent housing, enriching the well-being of our people, connecting our communities, reflecting our diversity, having homes that are adaptive to our climate and exploring innovative solutions.

DISCUSSION

9 In July 2021 a 2-year Housing Action Plan Advisor (‘the Advisor”) role was created in the DCC through a secondment supported by Kāinga Ora. The purpose of the Advisor was to support coordinated cross sector work on housing development, and to develop and implement the Plan.

10 The Plan reflects the discussions held by the Advisor with 123 individuals and organisations from a range of stakeholders across the housing spectrum over the past 12 months. This includes mana whenua, mataawaka, Kāinga Ora, housing developers, disability groups, architects, and NGOs from the social, health, and housing sector.

11 The response to these discussions has been very positive, with people supporting the development of a city-wide plan for housing, welcoming the opportunity to contribute, and supportive of the partnership approach to future housing solutions that Council is taking.

12 The Advisor has met with Rūnaka Managers of both Ōtākou and Puketeraki as part of discussions to ensure the Plan reflects the aspirations of mana whenua.

13 The Advisor has had regular contact with the management of Arai Te Uru Marae. This has been in conjunction with Te Puna Kokiri, Aukaha (in the capacity of Healthy Homes provider), and Habitat for Humanity. The focus has been on upgrades to the urban marae’s kaumatua housing.

14 The Advisor has met with all Community Boards in the period March-May 2022.

15 Supporting data shows that the housing needs of our city are changing, with growth, changing demographics, and climate change all impacting on our city. The need to plan for these changes in the housing sector was articulated to the Advisor as part of her conversations with the community.

16 The priorities identified by the community and stakeholders provided the initial themes, which were reported to the Community and Culture Committee on 5 April 2022. These were - Advocacy, Affordability, Community, Communication and Process.

17 These themes were then confirmed with community and stakeholders during four hui held in May, and helped form the vision, goals, and the guiding principles of the Plan.

18 The Vision - “A home for everyone” has come from feedback from the community that a home is more than a house. A home embodies our intrinsic human values to feel safe and secure. Homes are the places we associate with warmth, togetherness and our own sense of community.

19 The guiding principles are:

· Decent housing is a human right

· Work in partnership with mana whenua

· Work together for common outcomes

· Encourage and enable adaptive and sustainable solutions

· Decisions are evidence-informed and solutions focused

· Get the job done

20 The five goals are:

· Our homes enrich the health and well-being of our people

· Our homes reflect the diverse needs of our people

· Our homes are sustainable and resilient

· We encourage innovative and affordable options

· We are a proactive and enabling partner

21 The Plan is also based on the global framework for addressing housing adequacy across the housing continuum – from those in need of emergency housing through to private home ownership. By encompassing the whole housing eco-system the Plan can respond to creating a whole of system approach to housing for our city.

22 The Plan takes the same high-level approach as the Play Spaces Plan 2021, and if adopted by Council, prioritised actions will be agreed with the community and stakeholders annually, with regular progress reports to Council (or appropriate Committee) and the community.

OPTIONS

23 Council has the option to adopt the Plan, with or without amendments, or to not adopt the Plan.

24 The plan responds to:

· the resolution of Council in 2020 to undertake a review of the Dunedin City Housing Social Housing Strategy 2010-2020, and

· the feedback from community and stakeholders during as part of discussions with the Advisor, and

· aligns with key Council strategies and workstreams e.g. Spatial Plan, South Dunedin Futures.

25 There are no identified disadvantages to adopting the plan

NEXT STEPS

26 If adopted the Plan will be shared with the community and stakeholders.

27 Staff will develop an initial Implementation Plan, with any resourcing requests to be considered by Council as part of the Annual Plan 2023-24 budget.

28 The first annually (2022-23) identified set of prioritised, achievable, and measurable actions will be developed by October 2022 in partnership with the community and stakeholders to ensure:

· Ongoing community, partner, and stakeholder engagement

· Progress is made against actions

· Progress is measurable and reported

29 The Advisor will continue to meet with individuals and groups who want to discuss housing in our city.

Signatories

Author:

Gill Brown - Housing Action Plan Advisor

Robert West – General Manager Corporate and Quality

Authoriser:

Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇩a	Ōtepoti Dunedin Housing Plan 2022	47

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

The Plan contributes to an effective housing eco-system for the city and responds to each strategy within DCCs strategic framework.

Māori Impact Statement

For Māori, housing is about more than economic outcomes and material security. Housing cuts across many aspects of Māori wellbeing, such as whānau health, acquisition and use of te reo Māori, care of whenua and the environment, the ability to provide sustenance and hospitality for themselves and others, and many aspects of wellbeing that are unique to Māori culture. There are a number of large multidisciplinary and multi-agency research projects working alongside Māori communities to empower Māori in the housing sector and developing the knowledge needed to address severe housing deprivation, homelessness, social housing, affordable rental options, ownership and papakainga development. The Corporate Policy team is in touch with a number of these large research projects, to develop relationships and exchange information to inform the development of the Council’s Strategic Refresh project, the Māori Strategic Framework and enhance our understanding of Māori aspirations for wellbeing.

Sustainability

Sustainability has been identified as a key issue through consultation with the community and stakeholders and has been incorporated into the guiding principles and goals of the Plan.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This work commenced in mid-2021 with the Advisor commencing her secondment at the DCC, and so is not included in the LTP 2021-31, or the Annual Plan 2022-23.

Financial considerations

Any future financial implications will be subject to consideration by Council as part of Annual Plan 2023-2024 budgets.

Significance

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

Engagement – external

The external engagement has been covered in the body of this report.

Engagement - internal

There has been internal engagement across relevant departments.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

All six Community Boards have been engaged in the development of the Plan.

Council

30 August 2022

Peninsula Connection – Section 9AA Options

Department: Transport

EXECUTIVE SUMMARY

1 The Peninsula Connection project is a long-term Council project that began in 2004 to improve safety, resilience to climate change and amenity along Portobello Road. The construction work from Vauxhall to Portobello township is now almost complete.

2 During the 2013 resource consent process, section 9AA of the project (between the Portobello Boat Club and Portobello Township) was consented with a reduced 1.5m width of footpath. This report seeks a decision from Council to reconsider the design of this section of the project.

3 The Otago Peninsula Community Board are advocating for a design change to construct a 3m wide boardwalk in Latham Bay, which would maintain the 3m wide shared path experience provided elsewhere on the Peninsula.

4 Additional funding of $1.5m would be required in the 10 Year Plan 2021-31 Peninsula Connection budget to construct a 3m wide boardwalk. This funding may be available from the Government’s Climate Emergency Response Fund, otherwise it would need to be funded by debt.

RECOMMENDATIONS

That the Council:

a) Approves construction of a 3m wide boardwalk between the Portobello Boat Club and the Portobello Township

b) Approves a $1.5m increase in the 10 Year Plan 2021-31 Peninsula Connection budget

c) Notes the budget increase will attract Waka Kotahi funding of $780k

d) Notes staff will also apply to the Climate Emergency Response Fund for support to fund the additional cost of the boardwalk.

BACKGROUND

5 The Peninsula Connection project is a road safety project that began in 2004. It has raised and widened Portobello Road and provides a 3m shared path for walking and cycling between Vauxhall and Portobello township.

6 The first 5.3km of the project that began in 2004 and was completed in September 2011. A further 13km of the project that required significant reclamation and construction of boardwalks in the harbour was consented in 2013/2014.

7 Engagement with mana whenua and key stakeholders took place between 2011 – 2013, prior to a resource consent application being lodged in December 2013. This engagement informed the concept design for the 13km of reclamation and boardwalks. The engagement involved Te Rūnanga o Ōtākou, Rūnaka ki Puketeraki, Heritage NZ, Department of Conservation, boat shed owners and the local community.

8 Heritage NZ opposed reclamation to widen the road in Latham Bay between the Portobello Boat Club and the Portobello Township and required the historic seawall in this area to be visible. Early concept designs therefore proposed a 3m wide shared path boardwalk, but the boardwalk was opposed by the local community for amenity and ecological reasons.

9 Subsequently, a 1.5m wide footpath using the existing sealed road shoulder, combined with traffic calming measures, was accepted and given resource consent for this section of the project.

10 The majority of the Peninsula Connection project is now almost complete, including the construction of 3m wide shared path boardwalks in other sections of the project. The community, after initially opposing the boardwalk in Latham Bay, are now asking for this decision to be reconsidered. Given where the project is at and that construction works are progressing in this area, this is a timely juncture in the project to reconsider the decisions made in 2013.

DISCUSSION

11 The current 10 Year Plan 2021-31 Peninsula Connection budget and the 2013 resource consent provides for traffic calming and a roadside barrier between Portobello Boat Club and Portobello Township (Section 9AA).

12 The existing sealed road shoulder between the Portobello Boat Club and Portobello Township is approximately 1.5m wide and is between the traffic lane and the seawall (see below).

13 The roadside barrier will separate pedestrians from vehicles on the road, however, cyclists would be required to share the road with vehicles. The existing road shoulder is not wide enough to safely accommodate a shared path where cyclists mix with pedestrians, people with prams and wheelchair users.

14 Heritage NZ oppose burying the historic seawall along this section of the project and Rūnanga have advised any further reclamation of the harbour will not be supported. Therefore, reclamation to build a new seawall and provide a 3 metre shared path through this area is not a viable option.

15 To improve safety and create a 3m shared path along this section to Portobello would require a boardwalk. This would be consistent with the standard of facility across the rest of the Peninsula. An example of a boardwalk is shown below.

16 Engagement with the local community on the Section 9 detailed design (Portobello Boat Club to Allans Beach Rd) took place in May 2020. This engagement also asked the local community if there would be support for a boardwalk to be constructed in Latham Bay. The majority of community feedback was in support of a boardwalk through this section.

17 The Otago Peninsula Community Board Annual Plan 2022/23 submission also strongly supported a boardwalk through Section 9AA.

18 A 3m wide shared path boardwalk through this section of the project will require $1.5m of additional funding to the 10 Year Plan 2021-31 Peninsula Connection budget and a variation to the existing resource consent.

19 Waka Kotahi would co-fund a boardwalk at the existing Funding Assistance Rate (FAR) of 52%.

Climate Emergency Response Fund

20 On 5 August 2022, Waka Kotahi announced a Climate Emergency Response Fund (CERF) of $350m. Councils have been asked to apply through an Expressions of Interest (EoI) process. The CERF will prioritise funding for:

· rapidly rolling out urban cycling networks

· creating walkable neighbourhoods

· supporting safer, greener and healthier school travel

· making public transport more reliable and easier to use.

21 This fund is to support Vehicle Kilometres Travelled (VKT) reduction programmes for urban areas.

22 The Peninsula Connection project meets many of the CERF criteria and staff plan to complete an EoI for the boardwalk and other unfunded sections of the Peninsula Connection project to be considered as part of the CERF applications.

OPTIONS

23 With the recently announced CERF applications, the Otago Peninsula Community Board 2022/23 Annual Plan submission and community feedback following Section 9 detailed design engagement, there is an opportunity to reconsider the design of this section of the project.

24 There are two options presented in this report. Option One is the Status Quo, which is to install a roadside barrier as consented in 2014 and budgeted for in 10 Year 2021-31 plan. Option Two is to construct a boardwalk to maintain the 3m wide shared path experience provided elsewhere on the Peninsula.

Option One – Status Quo - Road Safety Improvements

25 This option is to construct a roadside barrier in section 9AA of the Peninsula Connection project as per the 2013 Resource Consent proposal. Through this section, cyclists would share the road with vehicles and pedestrians would walk on the existing sealed road shoulder.

26 There has been $0.5m budgeted in the 10 Year 2021-31 plan to deliver road safety improvements in Section 9AA. The budget table below shows there is no change to the total Peninsula Connection 10 Year Plan 2021-31 budget for this option.

Total Budget	10 Year 2021-31 Total
10 Year Plan 2021-31	9,728
Proposed	9,728
Variance	-

Advantages

· This option can be delivered within the existing 10 Year Plan 2021-31 budget.

· This option improves safety by providing a physical barrier between pedestrians and motor vehicles.

Disadvantages

· The pedestrian and cyclist experience would be inconsistent with the rest of the 3m wide shared path on the Peninsula.

· The shoulder will not be wide enough to accommodate a shared path where cyclists mix with pedestrians, people with prams and wheelchair users. Cyclists will need to share this section of the road with vehicles.

· The roadside barrier will occupy part of the existing space in the 1.5m sealed shoulder.

· It is no longer the preferred option of the community and Otago Peninsula Community Board

Option Two – Construct a 3m Wide Shared Path Boardwalk

27 This option is to construct a 3m wide shared path boardwalk in section 9AA of the Peninsula Connection project.

28 The work to construct a boardwalk in section 9AA would cost approximately $2m.

29 Option two proposes to increase the 10 Year Plan 2021-31 Peninsula Connection budget by $1.5m. The $0.5m budgeted for road safety improvements in section 9AA would contribute to funding a 3m wide shared path boardwalk.

Total Budget	10 Year 2021-31 Total
10 Year Plan 2021-31	9,728
Proposed	11,228
Variance	1,500

30 Waka Kotahi funding subsidy for Option Two is shown in the table below.

Funding	10 Year 2021-31 Total
10 Year Plan 2021-31
Waka Kotahi Subsidy	5,059
DCC share	4,669

Proposed Budget
Waka Kotahi Subsidy	5,839
DCC share	5,389

Variance
Waka Kotahi Subsidy	780
DCC share	720

Advantages

· The pedestrian and cyclist experience would be consistent with the rest of the Peninsula Connection project providing a 3m wide shared walking and cycling path.

· This option would complete a consistent route for people walking and cycling between Portobello and Vauxhall.

· This option would provide a safer route for people walking and cycling to and around Portobello.

· This option has recent support from the community and Otago Peninsula Community Board.

Disadvantages

· Resource consent will need to be sought for the construction of a boardwalk.

· The completion of the project would be delayed by an estimated 14 weeks to obtain a resource consent. There are risks that a consent is not granted or that the application could take longer.

· Additional capital budget is required to deliver this option that would be funded by debt. An associated increase in opex cost would be required to cover interest payments.

NEXT STEPS

31 Staff will proceed with the option agreed to by Council.

32 Staff will complete an EoI for the boardwalk and other unfunded sections of the Peninsula Connection project to be considered in the CERF applications.

Signatories

Author:

Gavin Logie – Chief Financial Officer

Simon Drew - General Manager Infrastructure and Development

Authoriser:

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.

This decision promotes the social, economic, environment 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 Peninsula Connection project contributes to the above strategies as it provides increased amenity, safety, transport choice and accessibility for the Portobello and Peninsula communities, while improving the resilience and quality of transport infrastructure.

Māori Impact Statement

Ōtākou marae sits on Tamatea Road towards the end of the Peninsula, and many whānau live in the area. The road has cultural and historical significance as the original seawall was one of the pieces of infrastructure built by prisoners sent from Taranaki to Dunedin.

Mana whenua have advised that further reclamation of the harbour will not be supported.

A mana whenua cultural narrative is informing the design of one of the Broad Bay retaining walls. Further discussions will be held with the mana whenua if a boardwalk is adopted to ensure it reflects tikanga and meets environmental aspirations.

Sustainability

The Peninsula Connection project aims to provide a more resilient network with improved active transport choices.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The Peninsula Connection project is included in the 2021 – 31 10 Year Plan. This report presents options to retain or alter the budget.

Financial considerations

The financial implications depend on the option chosen, and are covered in the body of the report.

Significance

Both options presented in this report are considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

The Peninsula Connection project has undergone external engagement through the resource consent process, through detailed design community drop-in sessions, letter drops and individual meetings. Through the Section 9 detailed design engagement in May 2020, the community have expressed a preference to construct a 3m shared path boardwalk in Latham Bay from Portobello Boat Club to Portobello Township.

Engagement - internal

Discussions have been held with City Development on the boardwalk from an amenity perspective.

Risks: Legal / Health and Safety etc.

There are no known risks. The community may view option one as having a lower health and safety benefit.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Peninsula Connection project is located within the Otago Peninsula Community Board boundary. The Otago Peninsula Community Board Annual Plan 2022/23 submission strongly supported a boardwalk through Section 9AA.

Council

30 August 2022

Submission on Reshaping Streets consultation

Department: Transport

EXECUTIVE SUMMARY

1 Reshaping Streets is a proposal from the Minister of Transport to enable local authorities to make street changes that support public transport, active travel and placemaking. The proposed changes are enabling in nature and provide flexibility for local authorities that the existing legislation doesn’t provide.

2 This report seeks approval for a Dunedin City Council (DCC) submission (Attachment A) on the Reshaping Streets regulatory changes consultation.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with or without amendment, to Waka Kotahi on the Reshaping Streets consultation.

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

BACKGROUND

3 The Minister of Transport is proposing changes to legislation to make it easier for local authorities to make changes to local streets that support emissions reductions and improved safety through prioritising public transport, active travel and placemaking. These proposals would enable local authorities to make some types of street changes more efficiently with a clearer regulatory process and provide new ways for communities to be involved in changes that affect them.

4 The link to the consultation document is found here.

5 The proposed regulatory changes include:

· a new ‘Street Layouts’ land transport rule for local authorities, as road controlling authorities (RCAs), to use for changing street layouts, piloting street changes, restricting vehicles, establishing Community Streets and School Streets, and for deciding on other street changes

· amending sections in the Local Government Act 1974 (LGA1974) covering pedestrian malls, transport shelters (like bus shelters), and temporary road closures

· changes to other rules and regulations so that local authorities can reduce speed limits as part of pilots, trial Traffic Control Devices (TCDs) and to make legislation more accessible.

DISCUSSION

6 The draft DCC submission (Attachment A) has been prepared based on:

· written Councillor feedback received via email

· verbal Councillor feedback provided during a zoom meeting on Friday 19 August 2022

· existing Council strategies and policies.

7 The Reshaping Streets proposed changes are enabling in nature and provide flexibility to local authorities that the existing legislation doesn’t provide. The proposed changes are not prescriptive and don’t require Councils to undertake trials. Prior to undertaking any projects under the proposed rules, the DCC would need to follow the Significance and Engagement Policy and undertake appropriate consultation.

8 If trials were to be implemented, the proposed changes provide more flexibility to alter or stop a trial in response to community feedback.

9 The DCC has previously implemented trials to enable the public to see and experience changes to streets ahead of permanent infrastructure being installed. The Reshaping Streets proposals will enable greater use of trials in the future, with clearer and more streamlined processes.

10 The DCC took part in Innovating Streets trials two years ago, as did many other Councils. As happened in other parts of the country, many of the trials were unpopular and not supported by many in the community. Unpopular trials included the Octagon Experience (2020) and the Mosgiel Safer Schools (2020).

11 Trials that DCC has undertaken that resulted in changes being made permanent following public support in Dunedin include Dunedin Railway Station frontage pedestrian mall (2018), Trial roundabouts (2019-2022) and Pilkington Street one-way section (2017).

12 The draft DCC submission supports the enabling aspects of the Reshaping Streets proposal and thanks the Minister of Transport for providing opportunities for localised decision making. The draft submission also notes that strong and meaningful community engagement will be required if any trials are to be successfully implemented.

OPTIONS

Option One – Recommended Option – Approves the DCC submission, with or without any amendments, to the Reshaping Streets regulation changes consultation

13 Approves the DCC submission, with or without amendment, to the Reshaping Streets consultation.

Advantages

· Opportunity to show support for improving safety, reducing carbon emissions and creating more people friendly environments for our community.

· The Reshaping Streets proposals align with the objectives of Council’s Integrated Transport Strategy and Carbon Zero 2030 goal.

· The proposed changes are enabling and provide flexibility for local authorities that the existing legislation doesn’t provide.

Disadvantages

· That the community perceives the proposed changes as a requirement to trial and install unwanted transport infrastructure.

Option Two – Does not approve the DCC submission to the Reshaping Streets regulation changes consultation

14 Does not approve the DCC submission to the Reshaping Streets consultation.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to provide feedback into the proposed enabling regulation changes that are aimed at improving safety and reducing transport emissions.

NEXT STEPS

15 If the Council approves the DCC submission on the Reshaping Streets regulation changes consultation, it will be sent to Waka Kotahi.

Signatories

Author:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Authoriser:

Sandy Graham – Chief Executive Officer

Attachments

	Title	Page
⇩a	DCC Draft Submission	81

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	☒	☐	☐

Support for making it easier to implement street changes to allow for Transport choice is a key part of the Integrated Transport Strategy and the carbon zero vision.

Māori Impact Statement

Te Ara Kotahi – Waka Kotahi’s Māori Strategy provides strategic direction on how Waka Kotahi work with and respond to Māori as the Crown’s Treaty Partner. The objectives of the strategy includes empowering Waka Kotahi to respond to Māori aspirations and partner in the work they do for mutually beneficial outcomes.

If DCC are to implement any trials under the proposed changes, staff will identify if there are any impacts for mana whenua and actively engage as appropriate.

Sustainability

If the proposed changes come into effect, more people will be able to walk and cycle around the city which will have a positive impact on sustainability in general, as well as reducing the city’s transport emissions.

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 the Reshaping Streets proposals.

Financial considerations

There are no financial implications directly related to a DCC submission.

Significance

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

Engagement – external

No external engagement has taken place on this submission.

Engagement - internal

Staff from Transport, Policy and the Zero Carbon Team have had input into the development of this submission.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Reshaping Streets proposals are likely to be of interest to all areas of Dunedin including those areas covered by Community Boards.

Council

30 August 2022

Submission on Review of Building Consent System

Department: Customer and Regulatory and Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a Dunedin City Council (DCC) submission (Attachment A and B) to the Ministry of Business, Innovation and Employment (MBIE) on its review of the building consent system. MBIE’s Building Performance Issues Discussion Document can be found at https://www.mbie.govt.nz/dmsdocument/22845-issues-discussion-document-review-of-the-building-consent-system .

2 The DCC welcomes this review. The submission provides specific feedback on the 33 submission questions. The cover letter and submission also highlight the following points.

· In Dunedin, the building consent system (incorporating the Building Act 2004 (the Act) and the Building Code) generally work well, in a timely and affordable manner, to ensure buildings are healthy, safe and durable.

· The system has been under pressure recently due to record demand, work force shortages, resourcing and supply chain issues, and increasing costs.

· A broader consideration of the role of the Treaty of Waitangi in the building system is required. However there has been insufficient time in this consultation for a thorough Treaty analysis or exploration of the impacts of the building consent system on Māori.

· Roles, responsibilities and accountabilities across the system are not well understood by building owners.

· Balance is needed between greater consistency and the discretion and flexibility required for an agile building consent system.

· Other issues not covered in the review documents are important to consider. For example, the economic impact of change on the housing and construction sectors, risk and liability, and the impact of climate change.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, to the Ministry of Business, Innovation and Employment on its review of the building consent system

b) Authorises the Chief Executive to make minor editorial changes to the submission.

BACKGROUND

MBIE building consent system review

3 MBIE is seeking feedback on its review of the building consent system with the aim “to modernise the system to provide assurance to building owners and users that building work will be done right the first time, thereby ensuring that buildings are well-made, healthy, durable and safe”.

4 This review is a substantive review and sits within a wider Government reform programme which includes Resource Management, 3 Waters, Local Government review and Climate Change Adaptation.

5 MBIE is asking for feedback specifically on:

· how the building consent system is structured, implemented, and managed

· desired outcomes of the review

· MBIE’s five identified issues that are constraining the ability of the system to achieve the desirable outcomes expected of this system, specifically:

i) roles, responsibilities, and accountability

ii) capacity and capability

iii) system agility

iv) performance monitoring and system oversight and

v) fragmented implementation.

Current operating context

6 The DCC, like every territorial authority except for the Chatham Islands, is a Building Consent Authority (BCA). The Act creates clearly defined roles for BCAs, territorial authorities and regional authorities. The Act is detailed and sets strict criteria for how BCA’s operate e.g. issuing building consents and code compliance certificates.

7 For example, the Act contains 403 pages, and 451 Sections. The New Zealand Building Code (NZBC) Handbook has 208 pages, there are also 18 Regulation and 2,365 international standards incorporated into the Code and multiple MBIE guidance documents e.g. for exemptions (232 pages), compliance schedules (56 pages).

8 The BCA is audited by International Accreditation New Zealand (IANZ) every two years to make sure it complies with the requirements of the Building (Accreditation of Building Consent Authorities) Regulations 2006. Maintaining accreditation as a BCA ensures building consenting continues in Dunedin.

9 The recent building climate has been one of record demand for building consents, difficulties resourcing and supply chain issues (e.g. workforce shortages, materials) and increasing costs.

10 There is a lack of understanding of the BCA roles and responsibilities.

Submission timeframe

11 Submissions are due by 4 September 2022. Following this, MBIE will draft proposed options for change and seek further comment on those options.

12 Due to the technical nature and complexity of this review, a Councillor workshop was held on 11 August 2022.

DISCUSSION

Dunedin context

13 In Dunedin, the building consent system (incorporating the Act and the Building Code) generally work well, in a timely manner, to ensure buildings are healthy, safe and durable.

14 The DCC has put measures in place to address the situation of record demand and workforce shortages e.g. increasing resources, improving training and salary scales to help recruit and retain staff, recruiting an education role, and strategic customer focused communications.

The Treaty of Waitangi

15 The MBIE discussion document briefly references the need for providing a Māori perspective on building and construction, and to respond to the needs and aspirations of Māori. It notes that the system should not be a barrier to Māori determining and fulfilling their own social, cultural, and economic aspirations. The discussion document also briefly notes a range of areas where there can be issues for Māori such as – navigating the consent process, using traditional Māori methods of construction, building materials that support sustainable design and building on Māori owned land.

16 The submission encourages broader consideration of the role of the Treaty in the building consent system.

Roles, responsibilities, and system agility

17 A key issue raised by MBIE is that roles and responsibilities across the system are not always well understood by the building owners. Also, there is an over-reliance on BCAs to provide assurance of compliance with the NZBC. DCC submits that MBIE must have greater role in clarifying roles, responsibilities, and accountabilities.

18 The submission also highlights the importance of balancing the need for consistency with a level of discretion and flexibility so that the system can respond well to change.

Other key issues

19 Other issues raised by the DCC (but not specifically questioned in the MBIE submission form) are as follows.

· Risk and liability are major issues affecting the system. Even if there were a cap on BCA liability, this would be unlikely to alter the way BCAs manage consenting.

· Cohesive change is important in progressing multiple reform programmes that impact local government e.g. Resource Management, 3 Waters, Climate Change Adaptation, Local Government review. Risks must be mitigated that relate to workforce attraction and staff retention, system capabilities and compatibilities, and unintended consequences.

· Any proposed change needs appropriate resourcing and planning.

· Any decisions and implementation should not compound existing issues or de-stabilise an industry already under pressure.

· The economic impact of any change on the housing and construction sectors must be considered.

OPTIONS

20 Options are whether to make a submission to MBIE on the building consent system review.

Option One – Approve the submission to MBIE (or amended) - Recommended Option

Advantages

· Provides MBIE with feedback on the building consent system review

· Opportunity to represent views of the DCC and Dunedin BCA

· Opportunity for views to contribute to positive change of the building consent system.

Disadvantages

· There are no identified disadvantages.

Option Two – Do not approve the submission to MBIE (or amended) - Status Quo

Advantages

· There are no identified advantages.

Disadvantages

· Does not provide MBIE with feedback on building consent system review

· Lost opportunity to represent views of the DCC and Dunedin BCA, and to contribute to positive change.

NEXT STEPS

21 If the Council approves the submission, then the submission will be sent to MBIE by the closing date of 4 September 2022.

Signatories

Author:	Paul Henderson - Building Services Manager
Authoriser:	Claire Austin, General Manager Customer and Regulatory

Attachments

	Title	Page
⇩a	Building Consent System Review submission cover letter	93
⇩b	Building Consent System Review consultation submission form	95

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

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

Fit with strategic framework

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

This submission contributes to priorities of ‘healthy and safe people’ and ‘affordable and healthy homes’ in the Social Wellbeing Strategy, ‘compelling destination’ and ‘business vitality’ in the Economic Development Strategy, and ‘liveable city’ in the Spatial Plan.

Māori Impact Statement

The submission highlights the need for timely and meaningful engagement on providing a Māori perspective on building and construction and how the system responds to needs and aspirations of Māori. The building consent system review will investigate the issues facing Māori, understand where the system does not work for Māori building and identify opportunities for the building consent system to be responsive to meet the needs of Māori.

The Building Act 2004 and the Building Code make no reference to Crown obligations under the Treaty of Waitangi. There is an opportunity for the acknowledgement of mātauranga Māori in the building code, however more work must be done by MBIE to understand the implications of this.

Sustainability

The focus of the review is “to provide assurance to building owners and users that building work will be done right the first time, thereby ensuring that buildings are well-made, healthy, durable and safe”. However, the submission has highlighted that sustainability, as an outcome, is neglected in the building consent system.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications for these documents.

Financial considerations

There are no known financial implications at this stage.

Significance

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

Engagement – external

There has been no external engagement in preparing this submission.

Engagement - internal

There has been internal engagement with the Corporate Policy team.

Risks: Legal / Health and Safety etc.

There are no identified risks deciding on this submission.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The submission contributes to priorities of ‘healthy and safe people, and ‘affordable and healthy homes’ in the Social Wellbeing Strategy, ‘compelling destination’ and ‘business vitality’ in the Economic Development Strategy, and ‘liveable city’ in the Spatial Plan. These are of relevance to all Community Boards.

Council

30 August 2022

Submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

Department: Corporate Policy

EXECUTIVE SUMMARY

1 The report seeks approval for the Dunedin City Council (DCC) submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill (the Bill) which is being overseen by the Government’s Health Select Committee.

2 The closing date for submissions on the Bill is 24 August 2022. The DCC has been granted an extension to submit until 2 September 2022.

3 The Bill aligns with the DCC’s commitment to improving the lives and wellbeing of the people of Dunedin and ensuring a resilient and sustainable future.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

b) Authorises the Chief Executive to make any minor editorial changes to the submission.

BACKGROUND

4 The Bill follows on from the introduction of the Smokefree Aotearoa 2025 Action Plan (the Action Plan), which was launched in December 2021 and is managed by the Ministry of Health. In May 2021, the Council made a submission in support of the Action Plan.

5 The Action Plan aims to have a daily smoking prevalence of less than five percent for all population groups in New Zealand by 2025 (excluding vaping and smokeless tobacco products). The desired outcomes of the Action Plan are to: eliminate inequities in smoking rates and smoking related illnesses; create a smokefree generation by increasing the number of children and young people who remain smokefree; and increase the number of people who successfully quit smoking.

6 The Bill aims to significantly limit the number of retailers able to sell smoked tobacco products; aims to prevent young people from taking up smoking by prohibiting the sale of smoked tobacco products to anyone born on or after 1 January 2009; and aims to make smoked tobacco products less appealing and addictive.

7 In March 2021, the Council submitted on proposed regulatory changes to the Smokefree Environments and Regulated Products Act 1990. In its submission, the DCC supported regulations which would: extend existing prohibitions on smoking to vaping in indoor workplaces, early childhood centres, and schools; enable product harm requirements for vaping and smokeless tobacco products; set out processes for issuing health warnings and recall of potentially harmful notifiable products.

8 The DCC understands that submissions on the Bill are being prepared by the Canterbury Mayoral Forum, the Dunedin Secondary Schools Partnership, the South Dunedin Stakeholders group, and Smokefree Otago.

DISCUSSION

9 The Bill introduces new regulations around entry into the smoked tobacco and vaping products markets, which are supported in the DCC submission.

10 In preparing this submission the DCC has been provided information, based on mapping, from Te Whatu Ora Health New Zealand (Southern):

· There are 117 tobacco retailers in Dunedin, with 105 (89.7%) of these located within one kilometre of a school. There are 16 specialist vape retailers, all of which are located within one kilometre of a school.

· In Mosgiel, there are 25 tobacco retailers with 23 (92%) located within one kilometre of a school.

· In Port Chalmers there are eight tobacco retailers, all of which are located within one kilometre of a school.

These figures do not include other retailers where vaping products may be sold, such as ‘dollar-shops’.

11 If passed, the Bill will require the Director-General of Health to set a maximum number of approved tobacco retailers, taking into account: the population size of the area and the estimated number of people in the area who smoke; the geographic nature of the area, including the estimated average travel time to purchase smoked tobacco products; and views of those consulted in the decision-making process (e.g. Māori). The maximum number of approved smoked tobacco retailers may be a single current maximum or, a series of reducing maximum numbers over time.

12 If passed, the Bill puts requirements in place for approval as a specialist vape retailer, including that it is a suitable permanent structure and a stand-alone business. The retailer must be able to prove that either 70% or 60% of their business is vaping products, with consideration of the geographic location and surrounding population of the business taken into account when deciding if the lower threshold is appropriate.

Consultation with Māori

13 Māori in the approval process for smoked tobacco retailers,

14 2020/21 Health Promotion Agency statistics show that 22.3% of Māori adults are daily smokers, while 9.4% of New Zealand’s total adult population (15+) smoke. For Dunedin, data from the 2018 Census shows 11.6% of ‘All People’ are smokers, while that figure rises to 20.3% for people who identified as Māori.

15 The Bill contains specific requirements for consultation with Māori around the approval process for smoked tobacco retailers and where these will be located. Consultation is to be with the Māori Health Authority; any iwi-Māori partnership board for all or part of a proposed area; any iwi whose rohe includes all or part of a proposed area; and any other Māori who the Director-General of Health considers may be affected.

16 The proposed amendments reflect DCC’s Treaty of Waitangi commitment.

DCC Smokefree Policy

17 The DCC’s Smokefree Policy has been in place since 2014. This policy is currently under review, with a view to updating it to include vaping and smokeless tobacco products, and to align with its Legal Highs Policy (which Council approved in October 2020) and the requirements of the Bill if it becomes legislation.

OPTIONS

Option One – Recommended Option – Approve the submission, with any amendments to the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

18 Approve the draft DCC submission to the Health Select Committee with any agreed amendments.

Advantages

· Opportunity to show support for achieving the aims of the Smokefree Aotearoa 2025 Action Plan

· Opportunity to contribute to a strong evidence base informing government policy on achieving smokefree environments and reducing harm from tobacco and other similar products

· Aligns with the DCC’s Strategic Framework (Social Wellbeing and Economic Development Strategies, Spatial Plan) and its commitment to the principles of the Treaty of Waitangi.

Disadvantages

· No disadvantages have been identified.

Option Two – Do not approve the submission

19 Do not approve the DCC submission to the Health Select Committee

Advantages

· No advantages have been identified.

Disadvantages

· Missed opportunity to show support for the aims of the Smokefree Aotearoa 2025 Action Plan

· Missed opportunity to contribute to a strong evidence base informing Government policy on achieving smokefree environments and reducing harm from tobacco and other similar products.

NEXT STEPS

20 If approved by the Council, staff will send the submission to the Health Select Committee.

Signatories

Author:	Gina Huakau - Corporate Policy Manager
Authoriser:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

	Title	Page
⇩a	Submission on Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill	129

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

Fit with strategic framework

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

The submission contributes to the goals of DCC’s Social Wellbeing Strategy (Safe and Healthy People),

its Economic Development Strategy (Dunedin is a Compelling Destination whose great lifestyle continues for its existing and potential new residents and businesses), and the high-level strategic direction of its Spatial Plan (Liveability: how much a city supports a high-quality of life).

Māori Impact Statement

The proposed amendments reflect the DCC’s Treaty of Waitangi commitment to working in partnership to provide opportunities for Māori to contribute to decision making processes, particularly in the sections of the Bill pertaining to consultation about the availability of smoked tobacco products. It is acknowledged that Māori are disproportionately affected by these products.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for current levels of service/performance measures.

Financial considerations

There are no financial implications.

Significance

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

Engagement – external

Te Whatu Ora Health New Zealand (Southern) and the Cancer Society NZ (Otago-Southland) have been consulted in the preparation of this submission.

Engagement - internal

Members of the Parks and Recreation Team, the Corporate Policy Team, and Compliance Solutions Group have been consulted in the preparation of this submission.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

The submission relates to the social well-being of communities. which is of relevance to Community Boards.

Council

30 August 2022

Submission on the Local Government Electoral Legislation Bill

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks Council approval for a Dunedin City Council (DCC) submission (Attachment A) on the Local Government Electoral Legislation Bill.

2 Submissions close on 14 September 2022. If the Council approves the DCC draft submission, the submission will be considered by the Governance and Administration Select Committee.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, on the Local Government Electoral Legislation Bill.

b) Authorises the Mayor or his delegate to speak to the DCC submission at the Governance and Administration Select Committee.

c) Authorises the Chief Executive to make any minor editorial changes to the submission.

BACKGROUND

3 The Local Government Electoral Legislation Bill seeks to improve the processes by which individuals and communities are represented through, and can participate in, local government elections.

4 The Local Government Electoral Legislation Bill makes amendments to the Local Electoral Act 2001 and the Local Government Act 2002. It also makes minor and consequential amendments to the Local Electoral Regulations 2001, for consistency with the changes made to the Local Electoral Act 2001.

5 These amendments include:

· changes to the Māori Representation and engagement process

· amendments to the way local authorities engage with Māori and other communities

· amendments to binding polls

· amendments to tied elections

· ability to realign first and urgent meetings, post elections and

· changes to the way nominations can be received.

DISCUSSION

Māori Representation and engagement

6 This Bill strengthens the local electoral regulatory system that encourages equitable representation for Māori. Māori have been historically under-represented in local government. On 2 March 2021, the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 removed the binding poll provisions that had been a barrier to improved Māori representation at the local level. This Bill was announced as the first of two stages of legislative change and was intended as a temporary measure to enable more councils to establish Māori wards for the 2022 local elections.

7 This Bill amends the Local Electoral Act 2001 to provide a local electoral regulatory system that encourages equitable representation for Māori in local government and guarantees that councils will consider it regularly. The Bill changes the process councils follow every six years to determine their representation arrangements, making consideration of specific Māori representation the first step of this process. This strategic policy decision by councils will be informed by consultation with the community, including the Māori community, and followed by detailed decisions about the total number of councillors, Māori and general ward boundaries and names, and community boards.

8 Part Six of the Local Government Act 2002 provides for two levels of engagement. The first special consultative procedure is a formal process that applies to decisions such as adopting a long-term plan, adopting or making significant amendments to a bylaw. The second applies to other decisions and allows local authorities to design a tailored process that gives effect to a set of principles and the circumstances in which a decision is made. The Bill as worded appears to refer to both. The DCC submits that it is supportive that the Bill would allow local authorities to tailor their engagement but seeks clarity if the wording refers to both consultative procedures.

Council engagement with Māori and other communities provides clarification on non-binding polls

9 The Bill provides that binding polls cannot be held on any matters considered by councils in their representation reviews. Local communities will continue to be part of the decision-making process. The Bill requires that local authorities ‘must engage with Māori and other communities of interest in their district or region and have regard to the views of those communities’.

Tied elections and meeting timelines

10 The Bill introduces a mandatory recount when election results are tied and allows changes to the alignment of urgent meetings and first council meetings accordingly. This could increase residents’ confidence in the electoral process. The Bill also creates alignment with tied elections and recount timelines. The first meeting of the local authority after the election must be called after that recount has been completed and the elected candidates are known. The amendments also allow the Chief Executive to call an urgent meeting before the first meeting of the local authority in certain circumstances. The Chief Executive may call an urgent meeting before the outcome of a recount is known.

Electronic Transmission of Nominating Documents

11 The Bill amends section 55 of the Local Electoral Act 2001 to allow for the receipt of nominations via electronic means or any manner other than in writing that is approved by the electoral officer. Dunedin has a rural population of around 5% who currently rely on the rural postal service, which can add additional time for submission of nomination documents. This amendment would offer more choice for Dunedin residents.

OPTIONS

Option One – Recommended Option- Approve the submission (with or without amendment)

12 Approve the draft DCC submission to the Governance and Administration Select Committee, with any agreed amendments.

Advantages

· Opportunity to show support and give strength to the Treaty of Waitangi and Māori partnerships.

· Opportunity to publicly state the DCC’s commitment to creating equity of opportunity for Dunedin residents to be involved in the local government electoral process.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not approve the submission

Advantages There are no identified advantages for this option

Disadvantages

· Missed opportunity to show support and give strength to the Treaty of Waitangi and Māori partnerships

· Missed opportunity to publicly state the DCC’s commitment to equitable opportunity for involvement from the community in local government election.

NEXT STEPS

13 If the Council approves the draft submission, it will be sent with any approved amendments, to the Governance and Administration Select Committee for consideration.

Signatories

Author:	Gina Huakau - Corporate Policy Manager
Authoriser:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

	Title	Page
⇩a	Submission: Local Government Electoral Legislation Bill	137

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

This decision promotes the social well-being of communities. The social well-being of residents can be strengthened through connections with organisations which create impactful decisions in the present and for the future.

This decision promotes the cultural well-being of communities in the present and for the future, by strengthening residents’ identity through inclusion.

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 submission aligns with all of the strategies as it enables democratic local decision making and action on behalf of all Dunedin residents.

Māori Impact Statement

This Bill strengthens the DCC’s engagement process with local Māori representation arrangements. The proposed Bill is aligned with the DCC’s Treaty of Waitangi commitment to working in partnership with mana whenua.

Sustainability

There are no implications for sustainability

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for current levels of service and/or performance measures.

Financial considerations

There are no financial implications.

Significance

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

Engagement – external

There has been no external engagement in the preparation of this submission.

Engagement - internal

Preparation of this submission was undertaken by the Corporate Policy Team, in consultation with Governance Support Officers, the Māori Partnerships Manager and the Manahautū.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

The Local Government Electoral Legislation Bill will enable greater democratic participation, local decision making and action by, and on behalf of local communities which is of relevance to Community Boards.

Council

30 August 2022

Submission on the Electoral Amendment Bill

Department: Corporate Policy

EXECUTIVE SUMMARY

1 The report seeks approval for the Dunedin City Council (DCC) submission on the Electoral Amendment Bill (the Bill) which is being overseen by the Government’s Justice Select Committee.

2 Submissions on the Bill close on 31 August 2022.

3 The Bill aligns with the DCC’s commitment for all Dunedin residents to be fully connected, engaged and equal citizens, and that people can engage in the electoral and democratic process.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission on the Electoral Amendment Bill

b) Authorises the Mayor or his delegate to speak to the DCC submission at Select Committee

c) Authorises the Chief Executive to make any minor editorial changes to the submission

BACKGROUND

4 On 5 October 2021 the Minister of Justice announced:

· A set of targeted amendments to the Electoral Act 1993 to improve transparency for the 2023 general election. The targeted amendments are given effect by the Bill

· An independent review of electoral law due to report back by the end of 2023.

5 This bill will amend New Zealand's electoral legislation to increase the transparency of the political donations regulatory framework. The bill amends provisions of the Electoral Act relating to political donations, reporting requirement by political parties, the ability of New Zealanders overseas to vote in the 2023 General Election, and allows for the regulated election period to shift if the election date shifts.

6 Previous amendments were made to the Bill in 2020 to improve enrolment and voting processes. The DCC did not submit on this.

DISCUSSION

7 The Bill comprises eight substantive amendments and other minor and technical amendments. The eight substantive amendments are below.

8 The proposed changes to improve transparency of the political donations framework are:

· Lowering the public disclosure threshold for donations and contributions from $15,000 $5000

· Lowering threshold for 10-working day reporting requirement from $30,000 every year to $20,000 during election year only

· Introducing a requirement for all parties to report on non-anonymous donations up to $1,500

· Introducing a requirement for all parties to report the sum total of in-kind donations

· Introducing a requirement for all parties to disclose annual financial statements (does not need to be audited)

· Introducing a requirement for parties to report on loans received to support their campaign.

9 The Bill proposes repealing audit requirements for low value returns where total donations for a party are less than $50k and total loans are $0.

New Zealand Voters Overseas

10 The Bill includes an amendment which extends the amount of time that overseas electors may have been overseas without having returned to NZ and be eligible electors for the 2023 General Election. This proposed amendment extends the time from three to six years for New Zealand citizens, and from one to four years for permanent residents.

11 This amendment is specific to the 2023 General Election, in recognition of travel constraints and other barriers caused by the Covid-19 pandemic. Permanent changes to overseas voting eligibility will be considered as part of the independent review of electoral law, due to report back by the end of 2023.

Impact on DCC priorities and Strategy

12 A lack of transparency surrounding political donations can damage the legitimacy of the democratic system. The Bill improves transparency and therefore aligns with the DCC’s Social Wellbeing Strategy’s priorities that Dunedin residents are fully connected, engaged and equal citizens, and that people can engage in the electoral and democratic process.

13 The Bill does not impact on provisions of the Electoral Act 1993 relevant to the Treaty of Waitangi. The impact of the electoral system on Māori and the Treaty of Waitangi should be considered more broadly. The draft DCC submission highlights that the role of the Treaty of Waitangi in the electoral system should be considered in the independent review of electoral law.

OPTIONS

Option One – Recommended Option – Approve the draft submission, with any amendments

14 Approve the draft DCC submission to the Justice Select Committee with any agreed amendments.

Advantages

· Opportunity to show support for proposed amendments included in the Electoral Amendment Bill

· Opportunity to demonstrate commitment to a transparent and democratic electoral process

· Aligns with the DCC’s Strategic Framework (Social Wellbeing Strategy).

Disadvantages

· No disadvantages have been identified.

Option Two – Do not approve the submission

15 Do not approve the DCC submission to the Justice Select Committee

Advantages

· No advantages have been identified.

Disadvantages

· Missed opportunity to show support for proposed amendments included in the Electoral Amendment Bill

· Missed opportunity demonstrate commitment to a transparent and democratic electoral process

· Does not align with DCC’s strategic framework.

NEXT STEPS

16 If approved by Council, staff will send the submission to the Justice Select Committee, with any approved changes on 31 August.

Signatories

Author:	Gina Huakau - Corporate Policy Manager
Authoriser:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

Title

Page

⇩a

Submission on the Electoral Amendment Bill

144

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

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 submission aligns with all DCC strategies as it enables democratic local decision making and action on behalf of all Dunedin residents. In particular the submission aligns with the Social Wellbeing Strategy to ensure that all Dunedin residents are fully connected, engaged and equal citizens.

Māori Impact Statement

The Bill does not impact provisions of the Electoral Act 1993 relevant to the Treaty of Waitangi.

The provisions of the Bill do not impinge on Māori equitably engaging in the political donations system.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for current levels of service/performance measures.

Financial considerations

There are no known financial implications or considerations for DCC. The costs of compliance with the political donations framework are generally borne by political parties and the Electoral Commission.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

The Corporate Policy team engaged with the DCC’s Election Officer during the writing of this report.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

The Electoral Amendment Bill will enable greater transparency and democratic participation in local decision making, which is of relevance to Community Boards.

Council

30 August 2022

Financial Result - Year Ended 30 June 2022

Department: Executive Leadership Team

EXECUTIVE SUMMARY

1 This report provides the financial results for the year ended 30 June 2022 and the financial position as at that date.

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

RECOMMENDATIONS

That Council:

a) Notes the Financial Performance for the year ended 30 June 2022 and the Financial Position as at that date.

b) Notes that the year end result is subject to final adjustments and external audit by Audit New Zealand.

BACKGROUND

3 This report provides the financial statements for the year ended 30 June 2022. It includes reports on financial performance, financial position, cashflows and capital expenditure. The operating result is also shown by group, including analysis by revenue and expenditure type.

DISCUSSION

4 Revenue was $353.931 million for the year or $27.755 million greater than budget. The favourable variance resulted from:

· $15.614 million unbudgeted increase in the valuation of investment properties,

· $13.321 million related to unbudgeted government grants for Economic Development activity and 3 Waters stimulus projects,

· $3.785 million higher than expected vested assets from subdivisions completed in the current year,

· Income from resource consents and building services applications and inspections was also ahead of budget.

5 These favourable variances were partially offset by the impact of the nationwide lockdown earlier in the financial year including Aquatic Services, Property, Parking, Landfill, and commercial water revenue. Other grant revenue was lower than expected due to the timing of the outstanding funding for the new Mosgiel Aquatic facility. While a significant portion of the budgeted fundraising for this project was received in February, the balance will be paid as agreed project milestones are achieved.

6 Expenditure was $336.127 million for the year or $14.798 million greater than budget. This variance resulted from:

· $4.024 million unbudgeted decrease in the valuation of investment properties (primarily Wall Street),

· Other expenditure was greater than expected due to additional subsidised roading maintenance along with monies spent for government funded projects in 3 Waters and Economic Development. Operating costs at the Green Island Landfill, including ETS charges, were also greater than budget.

· Depreciation costs were higher than expected following asset revaluations as at
30 June 2021, impacting both asset replacement cost and asset useful lives.

7 These unfavourable variances were partially offset by savings in personnel costs, delays in project expenditure and favourable interest costs due to a lower than forecast floating interest rate. Some expenditure lines were also impacted by Covid-19 disruptions including the lockdown period earlier in the year.

8 Equity markets continue to be impacted as current world events create uncertainty. This resulted in negative revaluations across most equity portfolios held by the Waipori Fund. There has also been a negative revaluation of fixed term investments as wholesale interest rates continue to rise.

9 Capital expenditure was $143.965 million for the year or 98.90% of the full year budget.
The 3 Waters renewals expenditure was a key component of the spend with a number of large water and sewer renewal projects underway. The level of spend in other areas of the organisation reflected project delays including the impact of the Covid-19 (in particular, the nationwide lockdown in August). The majority of planned major projects are now underway.

NEXT STEPS

10 Financial Result Reports will continue be presented to future Audit and Risk Subcommittee meetings and Council meetings.

Signatories

Author:	Gavin Logie - Chief Financial Officer
Authoriser:	Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇩a	Summary Financial Information	149
⇩b	Statement of Financial Performance	150
⇩c	Statement of Financial Position	151
⇩d	Statement of Cashflows	152
⇩e	Capital Expenditure Summary	153
⇩f	Summary of Operating Variances	154
⇩g	Financial Review	155

Council

30 August 2022

Approval to Grant Drainage Easement over part of Ocean Grove Local Purpose (Coastal Protection) Reserve

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Dunedin City Council – 3 Waters (the Applicant), for the grant of a drainage easement over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve (the Reserve) for installation of a pipeline and related infrastructure within the reserve, which will service a private 52-lot residential subdivision at 11 Centre Road, Ocean Grove, Dunedin. The residential subdivision is being developed by Willowridge Developments Limited (the Developer). The Senior Leasing and Land Advisor recommends that the easement be granted.

2 The Council is making two decisions. First a decision in its capacity as the administering body of the Reserve which is a reserve subject to the Reserves Act 1977 and second, a decision to exercise the Minister of Conservation’s delegation.

RECOMMENDATIONS

That Council:

a) Acting in its capacity as the administering body of the Ocean Grove Local Purpose (Coastal Protection) Reserve pursuant to the Reserves Act 1977:

i) Grants an easement to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve adjacent to 11 Centre Road, Ocean Grove, Dunedin, subject to the conditions outlined in this report.

ii) Approves waiving the annual rental for use of the Ocean Grove Local Purpose (Coastal Protection) Reserve.

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

b) Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of an easement to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve, adjacent to 11 Centre Road, Ocean Grove, Dunedin, subject to the conditions outlined in this report.

BACKGROUND

3 The Ocean Grove Local Purpose (Coastal Protection) Reserve is land held subject to the Reserves Act 1977. The Reserve is described as Section 49 Block VII Otago Peninsula Survey District and is held in fee simple by Dunedin City Council in Record of Title 482679. The part of the Reserve subject of this report is located immediately adjacent to where a proposed stormwater pipeline from the private residential development at 11 Centre Road, Ocean Grove, Dunedin will exit that development (see Attachment A).

4 The Developer made an application for subdivision and land use consents on 18 June 2021 (revised 23 July 2021). There has not yet been a decision on the subdivision and land use application, in part awaiting the outcome of matters related to wider stormwater management for the subdivision and, in a related way, the consideration of the granting of this easement. The application for subdivision and land use consent and the current application for an easement are two separate matters that must be considered separately under the relevant legislation applying to each application.

5 On 25 May 2020, Council considered a similar request to allow a stormwater soakage/dispersal structure to be installed in a nearby location on part of the same Reserve. This structure was to service a smaller 16-lot subdivision opposite, at 357 Tomahawk Road.

6 The need for alternative stormwater management structures in this locality arises from an inability to be able to connect to the city’s stormwater mains network in Tomahawk Road. Those stormwater mains drain to an outlet at the Tomahawk Lagoon under a discharge permit held by Council from the Otago Regional Council (ORC).

7 Restrictions on new/increased in-flows of stormwater to the Lagoon and consent requirements under the ORC’s Water Plan, mean that drainage of stormwater from new developments in this locality cannot be permitted to enter the Lagoon.

8 The Council’s 3 Waters Team has been working with the Developer’s consultants to determine the best solution for stormwater management both within the development site and, after pre-treatment, at the Reserve. It is proposed that a large stormwater soakage/dispersal structure – 20 metres long by 8 metres wide with a 2.25 metre depth be constructed in the Reserve.

9 It has been concluded, based on site investigations, geo-technical tests, and design modelling assessments that the most practical and the preferred option identified by Council is to enable the development to drain stormwater via a pipeline under Tomahawk Road and through part of the Reserve to connect the subdivision with a purpose designed soakage/dispersal structure located on part of the Reserve (see Attachment B).

10 A stormwater management plan has been developed for this subdivision by the Developer and includes a stormwater management area/detention pond within the proposed subdivision. Stormwater flow from that area will then be piped to a soakage/dispersal structure to be constructed within the Reserve. This has been designed by GeoSolve Limited Consultants to receive the stormwater from the subdivision. Council’s own consultants have undertaken a technical review of the stormwater management plan for 3 Waters as Applicant (see Attachment C).

11 The proposed location for the in-ground soakage/dispersal structure would be around 10 metres north of the soakage structure approved in May 2020. The siting proposed is approximate only as it extends within the gravel area that is part of the vehicle turning area used by vehicles, including buses. The preferred location would be off the turning area further to the west. That would minimise conflict with vehicles and allow the structure to be discreetly located in vegetation while remaining accessible for maintenance. Further site investigations are needed to establish, then confirm the optimal siting for the structure. The final siting will be subject to approval by both 3 Waters and Parks and Recreation Services.

12 As 3 Waters will become the owner of the pipeline and the soakage/dispersal structure within the Reserve, 3 Waters seeks a formal easement as the best way to formally record the presence and use of this infrastructure within the Reserve. A new LT Plan will be drawn to show the proposed ‘Easement for the drainage of water’. All costs associated with creating the easement, including survey costs will be met by the Developer.

13 The Applicant is seeking consent of the Council, as the administering body of the Reserve and as the Minister of Conservation’s delegate, to grant the easement to drain water pursuant to Section 48 of the Reserves Act 1977.

DISCUSSION

Council as the Administering Body

14 The Council, in its capacity as administering body of the Reserve, has the responsibility for ensuring compliance with the requirements of the Reserves Act 1977 and to consider the merits of the request for a grant of easements.

15 The Ocean Grove Local Purpose (Coastal Protection) Reserve was re-classified for this purpose from Recreation Reserve by NZ Gazette dated 6 November 2009. The reserve is incorporated in Council’s Coastal Dunedin Reserves Management Plan dated July 2010.

Reserves Act 1977

16 Section 48 of the Reserves Act 1977 provides the statutory authority for the grant of easements to drain water over reserves.

17 Section 48 of the Reserves Act 1977 requires public notification of the intention to grant an easement unless it can be demonstrated that:

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

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

18 Following installation of the pipeline and soakage/dispersal structure within the Reserve, the affected land will be remediated with appropriate plantings to mitigate any visual effects and to assist with dune regeneration. The structure itself will not be visible above ground level. This means that the Reserve is not likely to be materially altered or permanently damaged. The rights of the public in respect of the Reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement, particularly given that public use of the structure location itself is minimal and use of the area will remain largely unaffected.

19 The effects on the Reserve of any future maintenance or repairs to the pipelines will be temporary. After the first 12 months, any such responsibility and costs will be borne by Council’s 3 Waters Team.

20 Section 48 of the Reserves Act 1977 empowers the Reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act 1991 and the consent of the Minister of Conservation. The Minister of Conservation has delegated powers of consent to the Council, without limitation under instrument of delegation dated 12 June 2013.

Reserve Management Plan General Policies

21 The Reserve Management Plan General Policies (General Policies) provides for easements to be granted over reserves if they do not prevent the use of the reserve for its primary purpose, which in this instance is Local Purpose (Coastal Protection) Reserve. They also require an assessment of alternative pipe locations and why these cannot be used.

22 The restrictions on new/increased in-flows of stormwater to the Tomahawk Lagoon and consent requirements under the ORC’s Water Plan mean drainage of stormwater from new developments cannot be permitted. This has required that an alternative approach to stormwater management in this locality be found.

23 Part of the Reserve for the proposed pipeline is previously disturbed ground while the location for the soakage/dispersal structure is on relatively level ground in a mixture of grass and dune vegetation. Stormwater received by the structure is expected to disperse to the regional ground water table at depth, and not expected to flow any large distance laterally. Nearby informal public walking access routes through the dunes to Tomahawk Beach will not be impacted. The location of the soakage/dispersal structure is estimated to be not less than 90 metres from Tomahawk Beach and will be elevated approximately 10 - 12 metres above the beach.

24 The General Policies recommend a maximum term equivalent to the useful life of the asset and state that easements in perpetuity “will not be granted”. The Council has previously agreed to easements in perpetuity. In this instance, use of the Reserve in perpetuity is supported, although it should be noted that this easement may be surrendered at a later date if Council can identify and provide an alternative solution for the collection and management of stormwater from new developments in this locality.

25 The General Policies provide for the owners of privately-owned underground facilities to pay a fee as a yearly rental to recognise the private benefit gained from use of a public reserve. To date, Council has not charged annual fees for private connections to Council infrastructure. In this case, there is no connection, with the discharge being to public reserve land and ownership of the infrastructure is to transfer to Council 3 Waters after 12 months. Accordingly, it is recommended that Council not charge an annual easement fee for the pipeline and soakage/dispersal structure.

Easement terms and conditions

26 It is proposed that an easement creating a right to drain water over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve in favour of Dunedin City Council (3 Waters) be granted on the condition that the Developer must meet all costs associated with the design, construction and installation of the structure, and survey and legal costs of the easement. This includes the costs of installing the pipeline under the road and within the Reserve, installing the soakage/dispersal structure as well as meeting all costs relating to remediation of the site works, revegetation of the dispersal structure and surrounds to the satisfaction of Parks and Recreations Services, connection to the development, survey and, preparing, executing, and registering the easement documentation. On-going maintenance of the pipeline and dispersal structure within the Reserve will be the responsibility of the Developer for 12 months following installation of the infrastructure, and then Council’s 3 Waters Team.

27 The proposed key elements of the easement would include:

Statute Granted pursuant to section 48 of the Reserves Act 1977 on Council's standard terms and conditions.

MEMORANDUM OF PROPOSED EASEMENT IN GROSS

Right to Drain Water

Over that part of the land in Record of Title 482679 that will have the pipeline and soakage/dispersal structure described in this report.

In favour of Dunedin City Council

Term In perpetuity

Rental Nil

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

Merits of proposed Easements

29 In the absence of any other practical or viable option at this time, it is considered that permitting the stormwater pipeline to cross the Reserve and discharge into a purpose designed soakage/dispersal structure is the preferred option available to the Developer and the Council. This system is designed for a one in 100 year flood scenario (adjusted for climate change) and to not cause any impact to the state of the Reserve or to the public’s use of the Reserve.

30 Without a solution to the problem of where to discharge stormwater from this large residential development, the completion and delivery of the development will be delayed, with no certainty other options identified would be successful or timely.

31 As noted above, all costs associated with the design, installation, survey, and legal costs associated with the formalisation of the easement will be met by the Developer.

Council as the Minister of Conservation’s Delegate

32 The Council, as the Minister of Conservation’s delegate, has a supervisory role in ensuring that the decision on whether or not to grant the easements has been arrived at in compliance with the requirements of the Reserves Act 1977. In particular, the Council as the Minister’s delegate, needs to be satisfied that the status of the land has been correctly identified, that there is statutory power to grant the easements, that the necessary statutory processes have been followed, that the classification has been appropriately considered, and the decision is a reasonable one.

OPTIONS

Decision One – Acting as administering body of OCEAN GROVE LOCAL PURPOSE (COASTAL PROTECTION) RESERVE

Option One – Recommended option

33 Council, acting as the administering body for the Ocean Grove Local Purpose (Coastal Protection) Reserve, grants an easement for the drainage of water across part of the reserve on the terms and conditions outlined in this report.

Advantages

· The proposed easement is unlikely to significantly impact the use of the Reserve.

· Facilitates asset management processes by formally identifying the pipeline and soakage/dispersal structure.

Disadvantages

· There are no material disadvantages. The pipeline will be underground mostly through road and already disturbed ground. The soakage/dispersal structure has been designed to accommodate significantly more stormwater runoff than in a normal rain event with the dispersal method designed to minimise impacts on the natural ground conditions. The presence and location of the underground pipeline and soakage/dispersal structure in the Reserve are not seen as being material given the limited public recreational use of the Reserve at this location.

Option Two – Status Quo

34 Do not grant an easement to drain water across part of the Reserve.

Advantages

· No material advantages.

Disadvantages

· Would inhibit the decision process for the subdivision resource consent.

· Does not facilitate asset management.

Decision Two – ACTING UNDER DELEGATION FROM THE MINISTER OF CONSERVATION

Option One – recommended option

35 As Council exercising its delegated legislative power, consents to the grant of the easement to drain water across part of the Ocean Grove Local Purpose (Coastal Protection) Reserve upon the terms and conditions outlined in this report.

Advantages

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

Disadvantages

· There are no material disadvantages.

Option Two – Status Quo

36 Do not consent to the grant of an easement to drain water across part of the Reserve.

Advantages

· No material advantages.

Disadvantages

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

NEXT STEPS

37 If Council consents to granting the easement to drain water across part of the Ocean Grove Local Purpose (Coastal Protection) Reserve and is satisfied the legislative requirements are met:

a) The Developer will be requested to provide a written confirmation that it will meet all costs for and facilitate the requirements for the easement in line with Council’s approval; and

b) The final siting for, and installation and connection of, the pipeline and soakage/dispersal structure will be arranged, and the survey of the pipeline and structure site will be completed solely at the Developer’s cost to enable the easement documents to be prepared for execution, as soon as practicable.

Signatories

Author:

Owen Graham - Senior Leasing and Land Advisor

Authoriser:

Scott MacLean - Group Manager Parks and Recreation

Simon Drew - General Manager Infrastructure and Development

Attachments

Title

Page

⇩a

Aerial photograph - 11 Centre Road, Ocean Grove, Dunedin

177

⇩b

Approximate site of soakage structure - Ocean Grove Local Purpose (Coastal Protection) Reserve

178

⇩c

Design and site specifications for stormwater soakage/dispersal structure

179

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

While stormwater drainage to reserve land is not generally the ideal option, it is the preferred option here until other infrastructure options in the locality are assessed.

Māori Impact Statement

Te Mana o te Wai acknowledges the importance of protecting the health and well-being of the water. Taking an integrated management approach to freshwater management is in accordance with the principle ‘ki uta ki tai’. This principle recognises the interconnectedness of the environment, the interactions between its parts, and requires integration between freshwater management and land use to avoid adverse effects on the health and well-being of freshwater environments. To protect the mauri of the wai (water), mana whenua promotes discharges being passed through land to enhance and improve mauri before it is discharged to the moana. Archaeological Authority will be required from Pouhere Taonga Heritage NZ before any construction by the developer, which will include mana whenua engagement.

Sustainability

An appropriately developed and maintained stormwater soakage/dispersal system contributes to social and economic sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications from this proposal for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures. The proposal is supported by 3 Waters, which will be assessing its medium to long term Infrastructure Strategy for this locality.

Financial considerations

The applicant is meeting the costs of the pipeline installation and construction of the soakage/dispersal structure within the Reserve, site remediation, survey and preparing and executing the easement documentation. On-going maintenance of the stormwater pipe and soakage/dispersal structure will be the responsibility of the Developer for 12 months, and then Council 3 Waters thereafter.

Significance

The decision has been assessed as being of low significance being mainly an administrative function, although there are development requirements Council 3 Waters will become responsible for, as well as medium to long term Infrastructure Strategy considerations.

Engagement – external

The original resource consent application was not publicly notified. No other external consultation has been undertaken. There has been considerable discussion with the Developer’s consultants.

Engagement - internal

The need to consider use of reserve land for stormwater soakage/dispersal arose after difficulties to contain stormwater management within the development site were identified. The option to use the Reserve is similar but larger in scale to an existing soakage/dispersal structure on the Reserve. Parks and Recreation Services and 3 Waters have held extensive discussions on the potential effects, structure location and design and the easement requirements. The Council’s Chief In-House Legal Counsel has provided advice in relation to the Reserves Act requirements.

Risks: Legal / Health and Safety etc.

There are considered to be no material risks associated with the easement decision.

Conflict of Interest

There are no known conflicts of interest within Council.

Community Boards

The subject area is located in the Otago Peninsula Community Board area.

Council

30 August 2022

Road Declarations - Tay Street service lane, Mosgiel and Gloucester Street, Dunedin

Department: Transport

EXECUTIVE SUMMARY

1 The Council owns land in Gloucester Street, Dunedin, and Tay Street, Mosgiel. The current legal status of these land needs to be formally changed to a legal road.

2 This report recommends Council resolutions for these changes.

RECOMMENDATIONS

That the Council:

a) Resolves that all the land described as: Part Section 58R Block I Andersons Bay Survey District, Part Allotment 1 and Part Allotment 21 Deposited Plan 2533 and Part Allotment 1-2 Deposited Plan 2138 (now) comprised in Record of Title OT197/130 situated in Dunedin City, be and are hereby accepted as and declared to be a public road (being part of Gloucester Street).

b) Resolves that all the land described as: Lot 1 Deposited Plan 22295 comprised in Record of Title OT14A/604 situated in Mosgiel (off Tay Street), be and are hereby accepted as and declared to be a public service lane.

c) Authorises the Chief Executive to sign any documents required by Land Information New Zealand to complete the process of legalising the land as road and service lane.

BACKGROUND

3 The Council owns Part Section 58R Block I Andersons Bay Survey District, Part Allotment 1 and Part Allotment 21 Deposited Plan 2533 and Part Allotment 1-2 Deposited Plan 2138 which are situated in Gloucester Street, Dunedin in trust for street widening purposes since 1922.

4 The street widening has been completed and the land status needs to be changed to legal road. These land are held in Record of Title OT197/130 and shown on attached aerial photographs with cadastral (boundary) overlay.

5 Council also owns Lot 1 Deposited Plan 22295 which is located off Tay Street, Mosgiel. The land was obtained for the creation of a service lane in the 1990s. Although the land is currently held in Record of Title OT14A/604, which shows no restrictions on the use of the land, it has been used as service lane since early 1990s and the land status has not been changed.

DISCUSSION

6 A change to the legal status of these land to legal road is necessary for the following reasons:

a) these land will have the correct legal status which corresponds the current usage and maintenance of these land as legal road;

b) in the case of Gloucester Street, the action of street widening is completed, and the land has been maintained as public road for many years;

c) the service lane in Mosgiel has also been formed and operating as a service lane since the early 1990s (service lane is a subcategory of road for the purpose of providing the public with a side or rear access for vehicular traffic to any land. Records indicate that a scheme plan process was undertaken to designate the service lane, and it remains a service lane under the Second Generation District Plan)

d) to alleviate any concerns about legal access for property owners who have driveways crossing these land.

7 The change proposed in this report only updates the underlying legal status. There will be no change to the currently formed road layout or use (including parking).

OPTIONS

Option One – Recommended Option

8 The Council confirms that: Part Section 58R Block I Andersons Bay Survey District, Part Allotment 1 and Part Allotment 21 Deposited Plan 2533 and Part Allotments 1-2 Deposited Plan 2138 (now) comprised in Record of Title OT197/130 is a public road, and Lot 1 Deposited Plan 22295 comprised in Record of Title OT14A/604 is a public service lane as per the recommended resolution.

Advantages

· This will ensure that Council has fulfils its obligations. It will also ensure the land has the correct status and alleviate any concerns about private access across the land.

Disadvantages

· There are no disadvantages identified with the recommended option.

Option Two – Status Quo

9 The Council does not confirm the land is road.

Advantages

· There are no advantages identified with maintaining the status quo.

Disadvantages

· Council would not have fulfilled its outstanding obligations.

NEXT STEPS

10 The necessary documentation will be forwarded to Land Information New Zealand to change the status to legal road and for the cancellation of the Record of Title.

Signatories

Author:	Michael Tannock - Transport Network Team Leader
Authoriser:	Simon Drew – General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Gloucester Street Aerial photograph showing land held in OT197/130	185
⇩b	Record of Title OT197/130	186
⇩c	Tay Street Service Lane land in OT14A/604	188
⇩d	Record of Title OT14A/604	191

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing local infrastructure and it is considered good-quality and cost-effective.

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 is an administrative function.

Māori Impact Statement

There are no known impacts for tangata whenua

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP or Annual Plan.

Financial considerations

There are no financial implications.

Significance

The proposal has been assessed as being of low significance.

Engagement – external

There has been no engagement.

Engagement - internal

There has been engagement with the DCC Legal team.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no conflicts of interest.

Community Boards

The Gloucester Street site is not located within a Community Board area.

The Tay Street service lane in Mosgiel has been formed and operating as a service lane since the 1990s. There are no implications for the Mosgiel Taieri Community Board.

Council

30 August 2022

Concession Licence for The Palmerston Waikouaiti Clay Target Club Incorporated

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Palmerston Waikouaiti Clay Target Club Incorporated (“Clay Target Club”) for a Concession Licence to operate a clay target sport shooting range situated at Edinburgh Street, Waikouaiti on land being part of the Waikouaiti Domain.

2 The part of Waikouaiti Domain is:

a) owned by the Crown and held by the Department of Conservation (DOC) as Recreation Reserve; and

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

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

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

5 This report does not consider the Clay Target Club's application from a regulatory perspective. The Clay Target Club is seeking a new concession licence for a ten-year term with one right of renewal of five years. Public notification has been undertaken with no submissions received.

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

RECOMMENDATIONS

That the Council:

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

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

BACKGROUND

7 The Clay Target Club has operated its range and facilities at Waikouaiti since around 2007/08 at its present site on part of the Waikouaiti Domain. Clay target shooting has different disciplines including - Trap, Skeet, and Sporting Clays. Each discipline varies in its approach and delivery of targets to give a different experience with clay target shooting.

8 The Clay Target Club has a membership of 32 subscription members and 11 members registered with New Zealand Clay Target Association (NZCTA) and able to shoot at other NZCTA ranges. Shoots are held once a month, with one-off events and group bookings also offered.

9 Previously, the Clay Target Club held a fourteen-year concession licence which commenced on 1 July 2008 and expired on 30 June 2022. The Clay Target Club has continued in occupation of the land since the licence expiry with the agreement of Parks and Recreation Services.

DISCUSSION

Current Application

10 The Clay Target Club has applied to Council for a Concession Licence to continue its occupation of part of Waikouaiti Domain. The application relates to the land shown on the aerial photo attached as Attachment A. The application is for the establishment and operation of a clay target sport shooting range and club house and activities related to the operation of a sport shooting range.

11 The Clay Target Club which is a member of the NZCTA operates the shooting range in compliance with the rules and policies of the NZCTA. The clay target shooting range neighbours the Waikouaiti Golf Club which has provided a letter of support for the Clay Target Club’s application.

Land Status and Ownership

12 The land on which the Clay Target Club is located is at Edinburgh Street, Waikouaiti. It is owned by the Crown but controlled and managed by the Council on behalf of the Minister of Conservation.

13 The legal description for the land occupied by the Clay Target Club is Part Section 1, Block LXXIV Town of Hawksbury and Lots 79, 80, and 81 Deeds Plan 199, and comprises 40.3006 hectares approx. The land is part of the Waikouaiti Domain and administered as recreation reserve subject to the Reserves Act 1977 (New Zealand Gazettes 1888 p 1347 and 1870 p 221).

14 The Clay Target Club occupies and has applied for a concession licence for approximately 8.5100 hectares of the Waikouaiti Domain, as shown on Attachment A.

Council's authority for considering the Clay Target Club's Concession Licence Application

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

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

Use of DOC's Concession Licence methodology

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

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

Relevant Reserve Management Plans

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

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

Part 3B of the Conservation Act 1987

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

22 Under Part 3B of the Conservation Act 1987:

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

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

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

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

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

Potential Effects on the Reserve

24 As this is a well-established existing use and the concession licence sought is for activities of the same type and scale and intensity as previously, any potential adverse effects would be minimal. The nature of the activity is such that generally public access, outside of organised shooting days, is not interrupted. Members of the public wanting to participate in clay target shooting are welcomed by the Clay Target Club to do so under supervision and according to the rules and practices of the Clay Target Club.

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

26 The Clay Target Club places firearm safety at the top of its priorities and operates the shooting range in compliance with NZCTA rules and policies, in particular its Health and Safety Manual and the Lead Management Plan.

27 The part of the Waikouaiti Domain where the clay target course occupies is distant from other public recreation facilities (e.g. rugby/bowls/tennis), except for the Waikouaiti Golf Club to the west which is supportive of the Concession Licence application.

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

Proposed Concession Licence Terms and Conditions

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

Key Elements

30 The key elements of the proposed Concession Licence are:

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

Concessionaire Palmerston Waikouaiti Clay Target Club Incorporated

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

Purpose Concession Licence authorising the establishment and operation of a clay target sport shooting range and club house and activities related to the operation of a sport shooting range

Term Ten (10) years from 1 July 2022

Renewal One (1) further term of five (5) years from 1 July 2032

Final Expiry Date 30 June 2037

Annual Licence Fee $312.04 plus GST payable annually in advance on the first day of July in every year

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

Public Notification Requirements

31 Given that the proposed Concession Licence is for a total term of more than 10 years, Council undertook to publicly notify the intention to grant a Concession Licence to the Clay Target Club. That notification was undertaken between 25 May 2022 and 1 July 2022 with a notice in the Otago Daily Times. There were no submissions received.

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

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

Option One – Recommended Option

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

34 Notes that public notification of the proposed Concession Licence was undertaken as the recommended Concession Licence is for an initial term of ten years with one right of renewal of five years, and there were no submissions received.

Advantages

· Being managed as a public recreation reserve. There presently are no other intended uses for the area of Waikouaiti Domain occupied and used by the Clay Target Club since it established here in 2007/08.

· The Concession Licence would allow members of the Clay Target Club and the public (under supervision) to continue to participate in the sport of clay target shooting at the gun club range at Waikouaiti Domain.

· The concession will not adversely affect the condition of the Waikouaiti Domain where the Clay Target Club is located as it is a well-established recreational activity on that part of the reserve.

· The public generally would not be adversely affected in their appreciation and enjoyment of the reserve, outside of organised shooting days.

· Granting the concession will ensure that the Clay Target Club continues to manage and maintain the area in a tidy state suitable for the sport of clay target shooting.

Disadvantages

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

Option Two – Do Not Grant the Concession

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

Advantages

· None identified.

Disadvantages

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

· There is the potential for adverse publicity if the Council (in its capacity as the administering body of the reserve) reached a decision which would result in the loss of a valued rural community recreational facility.

NEXT STEPS

36 If the Council approves the granting of this Concession Licence, Palmerston Waikouaiti Clay Target Club Incorporated will be advised of the decision and offered a Concession Licence. Subject to acceptance by the Clay Target Club, the Concession Licence can then be finalised prior to arranging for it to be executed by both parties.

Signatories

Author:

Owen Graham - Senior Leasing and Land Advisor

Authoriser:

Scott MacLean - Group Manager Parks and Recreation

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Palmerston Waikouaiti Clay Target Club Licence area	199
⇩b	Draft Concession Licence Palmerston-Waikouaiti Clay Target Club	200

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

The concession is for the operation of a clay target shooting club in the small community of Waikouaiti. This recreation activity contributes to both the Social Wellbeing and Parks and Recreation Strategy.

Māori Impact Statement

Kati Huirapa Rūnaka ki Puketeraki has been consulted and is supportive.

Sustainability

The Clay Target Club concession activity has a low impact on the Waikouaiti Domain having been established here since 2007/08. It is not expected to have any significant long-term implications (economic, social, and environmental) provided the terms of the concession are being met.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

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

Financial considerations

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

Significance

This decision is of low significance in terms of the Council's Significance and Engagement Policy. The Clay Target Club has operated at this location since 2007/08. Council manages the reserve on behalf of the Minister of Conservation under an appointment to control and manage only.

Engagement – external

The proposal to grant a Concession Licence has been the subject of public notification and did not attract any submissions. The neighbouring golf club supports the application.

Engagement - internal

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

Risks: Legal / Health and Safety etc.

There are no material risks associated with the decision. All work that affects the reserve needs to be approved by Council. The proposed Concession Licence requires the concessionaire to hold appropriate liability insurance and to conduct the clay target shooting range activities in a safe and reliable manner and in compliance with the Arms Act 1983 and Health and Safety at Work Act 2015.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Waikouaiti Domain is part of a Waikouaiti Coast Community Board area. There are no implications.

Council

30 August 2022

Proposed Event Road Closures for September - November 2022

Department: Transport

EXECUTIVE SUMMARY

1 The DCC has received temporary road closure applications relating to the following events:

· 2022 Dunedin Primary and Intermediate Schools Triathlon

· Rainbow Run

· St Andrew’s Day Celebrations

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

RECOMMENDATIONS

That the Council:

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

i) 2022 Dunedin Primary and Intermediate Schools Triathlon

Date:

Wednesday, 28 September 2022

Affected roads and times:

From 8:00am to 2:00pm

Albertson Avenue, full length

Wickliffe Terrace, from Mary to Laing Streets.

Victory Place, full length

Peninsula Beach Road, full length.

ii) Rainbow Run

Date:

Sunday, 16 October 2022

Affected roads and times:

From 11am to 12.30pm

Logan Park Drive from Union Street East to Butts Road.

iii) St Andrew’s Day Celebrations

Date:

Sunday, 27 November 2022

Affected roads and times:

From 8am to 4.30pm

the Octagon Central Carriageway from Princes to George Streets.

BACKGROUND

3 These events support Council’s 10 Year Plan goal of a successful city with a diverse, innovative and productive economy and a hub for skill and talent. They also contribute to the Festival and Events Plan 2018-2023.

4 The areas proposed to be used for these events are legal roads and can therefore be temporarily closed to normal traffic if statutory temporary road closure procedures are followed. The procedures are set out in Section 319 of the LGA 1974 and give Council the power to stop or close any road (or part of a road) within the parameters of Section 342 and Schedule 10 of the LGA 1974 (Schedule 10 is included as attachment A).

5 These procedures include:

· Consultation with Waka Kotahi (New Zealand Transport Agency) and the Police.

· Public notice being given of the proposal to close any road (or part of a road), and public notice of a decision to close the road.

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

6 A resolution of Council is required where a proposal to temporarily close a road relates to public functions.

DISCUSSION

Consultation and Notification

7 The Police and Waka Kotahi have no objections to the proposed road closures.

8 On Saturday 6 August 2022, the proposed temporary road closures were advertised in the Otago Daily Times (Attachment B) with a deadline for feedback set for 13 August 2022. No objections were received.

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

10 The event organisers contacted those considered affected prior to submitting their application, and no objections were received.

11 Schedule 10 section 11(e) states a road cannot be closed more than 31 days in the aggregate in any one year. This limit will not be exceeded by the approval of the proposed temporary road closures.

Traffic Impacts

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

13 The temporary traffic management plan process ensures that other issues such as temporary relocation of certain parking (e.g. taxi, mobility and AVO) are managed.

OPTIONS

14 Any amendment to this report’s recommendations cannot be implemented without further consultation with the affected parties, Waka Kotahi, the Police, and verifying that traffic impacts are acceptable.

Option One – Recommended Option

15 That the Council closes the sections of roads as recommended in this report.

Advantages

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

· The closure will assist in realising the economic, social, and cultural benefits associated with the events.

Disadvantages

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

Option Two – Status Quo

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

Advantages

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

Disadvantages

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

NEXT STEPS

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

Signatories

Author:	Michael Tannock - Transport Network Team Leader
Authoriser:	Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Local Government Act 1974, Schedule 10	228
⇩b	DCC Noticeboard, ODT 6 August 2020	233

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

Events contribute to the Strategic Framework.

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

There is a Festival and Events Plan 2018-2023.

Māori Impact Statement

There are no known impacts for Māori.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications. The cost of the proposed road closures will be met within existing budgets.

Significance

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

Engagement – external

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

Engagement - internal

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

Risks: Legal / Health and Safety etc.

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

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

30 August 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 - 26 July 2022 - Public Excluded	S6(a) The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	.
C2 Confirmation of the Confidential Minutes of Extraordinary Council meeting - 9 August 2022 - Public Excluded	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	.
C3 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.
C4 Confidential Council Forward Work Programme - August 2022	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.
C5 Property Sale	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential to protect Council's position in respect of the negotiations for a proposed property sale..
C6 Property Lease	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.
C7 New Zealand Masters Games - Mana Whenua Representation	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

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

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

	Title	Page
⇨a	Minutes of Ordinary Council meeting held on 26 July 2022 (Under Separate Cover 1)

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Sharon Bodeker - Acting Manager Governance