Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 30 August 2022, commencing at 10.01 am

PRESENT

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

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Simon Drew (General Manager Infrastructure and Development), Jeanette Wikaira (Manahautū (General Manager Māori, Partnerships and Policy)), Gavin Logie (Chief Financial Officer), Robert West (General Manager Corporate and Quality), Claire Austin (General Manager Customer and Regulatory), Gill Brown (Housing Action Plan Advisor), Jeanine Benson (Group Manager Transport), Owen Graham (Senior Leasing and Land Advisor), Neil McLeod (Principal Advisor Building Solutions) and Sharon Bodeker (Acting Manager Governance).

Governance Support Officer                  Lynne Adamson

1          Public Forum

1.1       Octagon Experience - Putting on Events

Mandy Mayhem-Bullock addressed the meeting concerning her experience booking the Octagon for putting on arts and cultural events.

Ms Mayhem-Bullock responded to questions.

1.2       Portobello and Harrington Point Roads Speed Limit

Tom Churchill addressed the meeting raising his concerns with the 40km Speed Limit on Portobello Road and Harrington Point Roads. 

Mr Churchill responded to questions.

Cr Doug Hall entered the meeting at 10.23 am.

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

             Extends the public forum.

Motion carried

1.3       DCC Submission - Smokefree Environments and Regulated Products

Linda Buxton, Cancer Society addressed the meeting concerning the Dunedin City Council support for the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill.

Ms Buxton provided suggestions of additional wording for consideration to add to the submission and responded to questions. 

2          Apologies

             Moved (Mayor Aaron Hawkins/Cr Jules Radich):

             That the Council:

             Accepts the apologies from Cr Andrew Whiley and Steve Walker for absence; from            Cr Chris Staynes for lateness and from Cr Jules Radich for early departure.

             Motion carried (CNL/2022/032)

3          Confirmation of agenda
	Moved (Mayor Aaron Hawkins/Cr David Benson-Pope): That the Council: Confirms the agenda without addition or alteration Motion carried (CNL/2022/033)

4          Declarations of interest

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

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

a)     Notes the Elected Members' Interest Register; and

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

c)     Notes the Executive Leadership Teams’ Interest Register.

Motion carried (CNL/2022/034)

5          Confirmation of Minutes

5.1       Ordinary Council meeting - 26 July 2022
	Moved (Mayor Aaron Hawkins/Cr Rachel Elder): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 26 July 2022 as a correct record. Motion carried (CNL/2022/035)

5.2       Extraordinary Council meeting - 9 August 2022
	Moved (Mayor Aaron Hawkins/Cr Rachel Elder): That the Council: Confirms the public part of the minutes of the Extraordinary Council meeting held on 09 August 2022 as a correct record. Motion carried (CNL/2022/036)

6          Minutes of Community Boards

6          Waikouaiti Coast Community Board - 1 June 2022
	Moved (Cr Jim O'Malley/Cr Jules Radich): That the Council: Notes the minutes of the Waikouaiti Coast Community Board meeting held on 01 June 2022. Motion carried (CNL/2022/037)

7          West Harbour Community Board - 1 June 2022
	Moved (Mayor Aaron Hawkins/Cr Jules Radich): That the Council: Notes the minutes of the West Harbour Community Board meeting held on 01 June 2022. Motion carried (CNL/2022/038)

8          Otago Peninsula Community Board - 2 June 2022
	Moved (Cr Jules Radich/Cr Rachel Elder): That the Council: Notes the minutes of the Otago Peninsula Community Board meeting held on 02 June 2022. Motion carried (CNL/2022/039)

9          Strath Taieri Community Board - 2 June 2022
	Moved (Cr Mike Lord/Cr Jim O'Malley): That the Council: Notes the minutes of the Strath Taieri Community Board meeting held on 02 June 2022.              Motion carried (CNL/2022/040)

10        Mosgiel-Taieri Community Board - 8 June 2022
	Moved (Cr Carmen Houlahan/Cr Rachel Elder): That the Council: Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 08 June 2022. Motion carried (CNL/2022/041)

11        Saddle Hill Community Board - 16 June 2022
	Moved (Cr Jules Radich/Cr Jim O'Malley): That the Council: Notes the minutes of the Saddle Hill Community Board meeting held on 16 June 2022. Motion carried (CNL/2022/042)

12        Extraordinary Otago Peninsula Community Board - 17 June 2022
	Moved (Cr Jules Radich/Cr Mike Lord): That the Council: Notes the minutes of the extraordinary Otago Peninsula Community Board meeting held on 17 June 2022. Motion carried (CNL/2022/043)

Reports

13        Actions From Resolutions of Council Meetings
	A report from Civic provided an update on progress on the implementation of  resolutions made at Council meetings.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the Open and Completed Actions from resolutions of Council meetings. Motion carried (CNL/2022/044)

14        Forward Work Programme for Council - August 2022
	A report from Civic provided  the updated forward work programme for the 2022-2023 year.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the updated Council forward work programme. Motion carried (CNL/2022/045)
15        Ōtepoti Dunedin Housing Plan 2022
	A report from Property provided the draft Ōtepoti Dunedin Housing Plan 2022 which would replace the Dunedin City Housing Strategy 2010 -2020 and the Housing Plan adopted by Council in 2019.
	The Chief Executive Officer (Sandy Graham), General Manager Corporate and Quality (Robert West) and Housing Action Plan Advisor (Gill Brown) spoke to the report and responded to questions.
During discussion Cr Chris Staynes entered the meeting at 10.55 am.
	Moved (Cr Rachel Elder/Cr Doug Hall): That the Council: a)     Adopts the Ōtepoti Dunedin Housing Plan 2022. 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 would require ongoing engagement with the community and regular reporting to Council and the community. Division The Council voted by division: For:                 Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes and Mayor Aaron Hawkins (12). Against:         Cr Lee Vandervis (1). Abstained:   Nil The division was declared CARRIED by 12 votes to 1 Motion carried (CNL/2022/046)

16        Peninsula Connection – Section 9AA Options
	A report from Transport provided an update on the Peninsula Connection project and funding requirements.
	The Chief Executive Officer (Sandy Graham) and General Manager Infrastructure and Development (Simon Drew) spoke to the report and responded to questions.
During discussion Cr Chris Staynes left the meeting at 11.30 am and returned at 11.34 am.  Crs Mike Lord and Doug Hall left the meeting at 11.57 am. Cr Mike Lord returned to the meeting at 11.59 am. Cr Lee Vandervis left the meeting at 12.12 pm. Cr Doug Hall returned to the meeting at 12.21 pm.
	Moved (Cr Christine Garey/Cr David Benson-Pope): 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 would attract Waka Kotahi funding of $780k. d)     Notes that staff would also apply to the Climate Emergency Response Fund for support to fund the additional cost of the boardwalk. Division The Council voted by division: For:                 Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley, Jules Radich, Chris Staynes and Mayor Aaron Hawkins (12). Against:         Nil Abstained:   Nil The division was declared CARRIED by 12 votes to 0 Motion carried (CNL/2022/047)

Moved (Mayor Aaron Hawkins/Cr Chris Staynes):

That the Council

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.29 pm and reconvened at 1.20 pm.

17        Submission on Reshaping Streets consultation
	A report from Transport sought approval of a draft submission on the Reshaping Streets regulatory changes consultation.
	The Chief Executive Officer (Sandy Graham); General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Sophie Barker): That the Council: a)     Approves the DCC submission 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. Division The Council voted by division: For:                Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug Hall, Marie Laufiso, Mike Lord, Jim O'Malley, Chris Staynes and Mayor Aaron Hawkins (10). Against:        Crs Carmen Houlahan and Jules Radich (2). Abstained:   Nil The division was declared CARRIED by 10 votes to 2 Motion carried (CNL/2022/048)

18        Submission on Review of Building Consent System
	A report from Customer and Regulatory and Corporate Policy sought approval of a submission to the Ministry of Business, Innovation and Employment on its review of the building consent system.
	The General Manager Customer and Regulatory (Claire Austin) and Principal Advisor Building Solutions (Neil McLeod) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Chris Staynes): That the Council: a)     Approves the DCC submission 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. Motion carried (CNL/2022/049)

19        SUBMISSION ON THE SMOKEFREE ENVIRONMENTS AND REGULATED PRODUCTS (SMOKE TOBACCO) AMENDMENT BILL
	A report from Corporate Policy sought approval for a submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment to the  Government’s Health Select Committee.
	The Manahautū (General Manager Māori Partnerships and Policy) Jeanette Wikaira spoke to the report and responded to questions.
Cr Mike Lord left the meeting at 2.32 pm and returned at 2.35 pm. Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 2.37 pm and reconvened at 2.49 pm.
	Moved (Cr Christine Garey/Cr Chris Staynes): That the Council: a) Approves the DCC submission on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendments Bill, with the following amendments: i)      Point 5, bullet point 3 – to include the words “by regulating nicotine content”. ii)      Point 6 to include the words “with proximity limits to sensitive sites such as education settings.” iii) Point 7 to include the words “Develop density and proximity limits to prevent the clustering of vaping product retailers and protect young people.” iv) Include a paragraph that considers the role of Local Authorities in relation to proximity limits. b) Authorises the Chief Executive to make any minor editorial changes to the submission. c) Authorises the Mayor or his delegate to speak to the DCC submission to the Health Select Committee. Motion carried (CNL/2022/050)

20        Submission on the Local Government Electoral Legislation Bill
	A report from Policy sought approval for a submission on the Local Government Electoral Legislation Bill.
	The Manahautū (General Manager Māori Partnerships and Policy) Jeanette Wikaira spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Jim O'Malley): That the Council: a)     Approves the DCC submission 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. Motion carried (CNL/2022/051)

Resolution to exclude the public

Moved (Mayor Aaron Hawkins/Cr Rachel Elder):

That the Council:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting 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  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  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.

Motion carried (CNL/2022/052)

The meeting moved into confidential at 3.01 pm and resumed in public at 3.55 pm.

Crs Chris Staynes and Jules Radich left at the end of the non-public section of the meeting .

21        Submission on the Electoral Amendment Bill
	A report from Corporate Policy sought approval for a submission on the Electoral Amendment Bill which is being overseen by the Government’s Justice Select Committee.
	The Manahautū (General Manager Māori Partnerships and Policy) Jeanette Wikaira spoke to the report and responded to questions.
	Moved (Cr Doug Hall/Cr Christine Garey): 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. Motion carried (CNL/2022/053)

22        Financial Result - Year Ended 30 June 2022
	A report from Finance provided the financial results for the year ended 30 June 2022 and the financial position as at that date.
	The Chief Executive Officer (Sandy Graham) and Chief Financial Officer (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Sophie Barker): That the 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 was subject to final adjustments and external audit by Audit New Zealand. Motion carried (CNL/2022/054)

23        Waipori Fund - Quarter Ending June 2022
	A report from Finance appended the Dunedin City Treasury Limited report on the results of the Waipori Fund for the quarter ended 30 June 2022.
	The Chief Finance Officer (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Sophie Barker): That the Council: Notes the report from Dunedin City Treasury Limited on the Waipori Fund for the quarter ended 30 June 2022. Motion carried (CNL/2022/055)

24        Approval to Grant Drainage Easement over part of Ocean Grove Local Purpose (Coastal Protection) Reserve
	A report from Parks and Recreation sought a decision on an application by Dunedin City Council – 3 Waters, to grant a drainage easement over part of the Ocean Grove Local Purpose (Coastal Protection) Reserve for installation of a pipeline and related infrastructure within the reserve, which would service a private 52-lot residential subdivision at 11 Centre Road, Ocean Grove, Dunedin.
	The General Manager Infrastructure and Development (Simon Drew) and Senior Leasing and Land Advisor (Owen Graham) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Rachel Elder): That the 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. Motion carried (CNL/2022/056)

25        Road Declarations - Tay Street service lane, Mosgiel and Gloucester Street, Dunedin
	A report from Transport noted that Council owned land in Gloucester Street, Dunedin, and Tay Street, Mosgiel. The current legal status of the land needed to be formally changed to a legal road.
	The General Manager Infrastructure and Development (Simon Drew) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Jim O'Malley): 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. Motion carried (CNL/2022/057)

26        Concession Licence for The Palmerston Waikouaiti Clay Target Club Incorporated
	A report from Parks and Recreation sought approval for an application by Palmerston Waikouaiti Clay Target Club Incorporated 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.
	The Chief Executive Officer (Sandy Graham) and Senior Leasing and Land Advisor (Owen Graham) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Sophie Barker): 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. Motion carried (CNL/2022/058)

27        Proposed Event Road Closures for September - November 2022
	A report from Transport advised sought approval for temporary road closure applications relating to the following events: ·        2022 Dunedin Primary and Intermediate Schools Triathlon ·        Rainbow Run ·        St Andrew’s Day Celebrations
	The General Manager Infrastructure and Development (Simon Drew) spoke to the report and responded to questions.
	Moved (Cr Christine Garey/Cr Doug Hall): 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. Motion carried (CNL/2022/059)

28        Notice of Motion - Sale & Supply of Alcohol (Harm Minimisation) Amendment Bill
	In accordance with Standing Order 26.1, a Notice of Motion was received from Mayor Aaron Hawkins
	Mayor Hawkins spoke to the Notice of Motion which was then considered by Council.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: a) Endorses the Sale & Supply of Alcohol (Harm Minimisation) Amendment Bill through to the Select Committee stage; and b) Writes to all Parliamentary parties asking them to support the Bill at First Reading to allow our community the opportunity to participate in the debate. Division The Council voted by division: For:                 Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Doug             Hall, Carmen Houlahan, Marie Laufiso, Mike Lord, Jim O'Malley and Mayor             Aaron Hawkins (10). Against:         Nil Abstained:    Nil The division was declared CARRIED by 10 votes to 0 Motion carried (CNL/2022/060)

The meeting closed at 4.24 pm

..............................................

MAYOR