Agenda of Council - Tuesday, 4 October 2022

Council

4 October 2022

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 27 September 2022, commencing at 10.00 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 Jules Radich
	Cr Lee Vandervis	Cr Steve Walker
	Cr Andrew Whiley

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Simon Pickford (General Manager Community Services), 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), John Christie (Manager Enterprise Dunedin), Gina Huakau (Corporate Policy Manager), Jeanine Benson (Group Manager, Transport), Simon Spiers (Team Leader Regulation Management Transport), Mark Mawdsley (Team Leader Advisory Services City Development, Ros MacGill (Manager Compliance Solutions) and Kevin Mechen (Alcohol, Drug and Gambling Advisor)

Governance Support Officer Sharon Bodeker

1 Public Forum

There was no Public Forum.

2 Apologies

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

Accepts the apologies from Cr Marie Laufiso (for lateness) and Cr Chris Staynes and Cr Jim O'Malley (for absence).

Motion carried (CNL/2022/059)

3 Confirmation of agenda

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

Confirms the agenda without addition or alteration

Motion carried (CNL/2022/060)

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; and

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

c) Notes the Executive Leadership Teams’ Interest Register.

Motion carried (CNL/2022/061)

5 Confirmation of Minutes

5.1 Ordinary Council meeting - 30 August 2022

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 30 August 2022 as a correct record.

Motion carried (CNL/2022/062)

Reports

6 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/2022/063)

7 Forward Work Programme for Council - September 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/2022/064)

8 Strategic Refresh Update
	A report from Corporate Policy provided an update on the progress of the Strategic Refresh work programme and presented a ‘refreshed draft’ strategic framework.
	The Chief Executive Officer (Sandy Graham), the Manahautū (General Manager Māori Partnerships and Policy) Jeanette Wikaira and Gina Huakau (Corporate Policy Manager) spoke to the report and responded to questions. During the discussion, Cr Marie Laufiso entered the meeting at 10.46 am.
	Moved (Mayor Aaron Hawkins/Cr Christine Garey): That the Council: Notes the Strategic Refresh update and the ‘refreshed draft’ Strategic Framework. Motion carried (CNL/2022/065) with Cr Vandervis recording his vote against.

9 Naming of Private Ways
	A report from Transport sought approval of a road name for a private way at 80 Gordon Road, Mosgiel, Dunedin. It noted that the proposed name ‘Taverner Lane’ had been selected from the pre-approved Road Name register and meets all the criteria of the Road Naming Policy.
	The General Manager Infrastructure and Development (Simon Drew) and Team Leader Regulation Management Transport (Simon Spiers) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Doug Hall): That the Council: Approves the naming of a private way off Gordon Road, Mosgiel, as ‘Taverner Lane’. Motion carried (CNL/2022/066)

10 Submission on inquiry into the future of inter-regional passenger rail in New Zealand
	A report from Transport sought approval of the Dunedin City Council (DCC) submission on the inquiry into the future of inter-regional passenger rail in New Zealand. I
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Carmen Houlahan): That the Council: a) Approves the draft submission, with any amendments, to the inquiry into the future of inter-regional passenger rail in New Zealand b) Authorises the Mayor or his delegate to speak to the DCC submission at the Transport and Infrastructure Select Committee c) Authorises the Chief Executive to make any minor editorial changes to the submission if required. 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, Jules Radich, Steve Walker, Andrew Whiley and Aaron Hawkins (12). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 12 votes to 1 Motion carried (CNL/2022/067)

11 Dunedin Heritage Fund Activity Report 2021-2022
	A report from City Development provided a summary of the Dunedin Heritage Fund (the Fund) grants allocated in the 2021-2022 financial year.
	The General Manager Infrastructure and Development (Simon Drew) and Team Leader Advisory Services City Development (Mark Mawdsley) spoke to the report and responded to questions.
	Moved (Cr Sophie Barker/Cr Mike Lord): That the Council: Notes the Dunedin Heritage Fund Activity Report 2021-2022. Motion carried (CNL/2022/068)

Cr Houlahan left the meeting at 11.24 am, and returned at 11.27 am.

12 Animal Services Annual Report to the Department of Internal Affairs
	A report from Customer and Regulatory outlined the operational details of the DCC Animal Services Unit for the year ending 30 June 2022. It noted that this report was provided annually to the Department of Internal Affairs, in accordance with the Dog Control Act 1996.
	The General Manager Customer and Regulatory (Claire Austin) and the Manager Compliance Solutions (Ros MacGill) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Doug Hall): That the Council: Note the Animal Services annual report to the Department of Internal Affairs. Motion carried (CNL/2022/069)

Cr Garey left the meeting at 11.28 a.m., and returned at 11.31 a.m.

13 2022 Annual Report to the Alcohol Regulatory and Licensing Authority
	A report from Civic provided the annual report to the Alcohol Regulatory and Licensing Authority (ARLA, the Authority) pursuant to section 199 of the Sale and Supply of Alcohol Act 2012 (the Act).
	The Manahautū (General Manager Māori Partnerships and Policy) Jeanette Wikaira and the Alcohol, Drug and Gambling Advisor (Kevin Mechen) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Steve Walker): That the Council: Notes the 2022 Annual Report to the Alcohol Regulatory and Licensing Authority. Motion carried (CNL/2022/070)

14 Financial Result - Period Ended 31 August 2022
	A report from Finance provided the financial results for the period ended 31 August 2022 and the financial position as at that date.
	The Chief Financial Officer (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Mike Lord/Cr Doug Hall): That the Council: Notes the Financial Performance for the period ended 31 August 2022 and the Financial Position as at that date. Motion carried (CNL/2022/071)

Motion carried (CNL/2022/072)

Resolution to exclude the public

Moved (Mayor Aaron Hawkins/Cr Christine Garey):

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 - 30 August 2022 - Public Excluded		.
C2 Confidential Council Actions from Resolutions at Council Meetings	S6(a) The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6.
C3 Confidential Council Forward Work Programme - September 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.
C4 Local Government Funding Agency	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Director Vacancy - Dunedin City Holdings Limited	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 report is confidential because the appointment of director is made public once the applicant has been notified of the decision..

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/2022/073)

The meeting moved into confidential at 11.40 am and concluded at 12.35 pm.

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

MAYOR

Council

4 October 2022

Reports

Delegations in the Interregnum Period

Department: Civic

EXECUTIVE SUMMARY

1 The interregnum period is the period between the discharge of the Council and the swearing in of the new Council. It is anticipated that this will occur on 26 October 2022, depending on when the final election result is confirmed.

2 The Council must provide for the effective and efficient conduct of the Council’s business during the interregnum, and various delegations and arrangements are required. Options are therefore not presented, as these arrangements are required to give effect to our obligations during this period.

3 As this report concerns administrative matters only, a summary of considerations is not required.

RECOMMENDATIONS

That the Council:

a) Approves the following appointments and powers:

i) That from 8 October 2022 until the inaugural meeting of the Council, the Chief Executive Officer is authorised to make decisions in respect of urgent matters. Where the Mayor elect is known, this will be in consultation with the Mayor elect.

ii) That David Benson-Pope, Christine Garey and Steve Walker be appointed to act together as Commissioners to undertake the responsibilities of the Hearings Committee from 8 October 2022 if requried. This delegation will expire when all matters commenced immediately prior to the date a Hearings Committee is appointed have proceeded to a decision.

Explanatory Note: the Hearings Committee appointed by Council in the new Triennium is to consider any matters which require a hearing after the date that new Committee is appointed, but any matters commenced after 8 October 2022 and prior to that appointment date will continue under this delegation until a decision has been issued.

iii) That from 8 October 2022 the Chief Executive Officer in consultation with the Resource Consents Manager or City Development Manager as appropriate, be authorised to appoint one or more independent commissioner(s) for hearings where:

a. The Council is the landowner, lessee, applicant, requiring authority, has a financial interest, or the Council has any other role where the perception of bias or impartiality in its quasi-judicial decision making capacity cannot be avoided; or

b. A Commissioner(s) is appointed as provided for in (i) above, where appointees are unavailable or not willing to act; or

c. A joint hearing is to be convened.

This delegation expires on the appointment of a new Hearings Committee.

iv) That from 8 October 2022, David Benson-Pope be delegated the power to negotiate and/or resolve any appeal on a resource consent decision. This delegation is to expire on the appointment of a new Hearings Committee.

v) That from 8 October 2022, until the date that a new Hearings Committee is appointed David Benson-Pope is authorised to:

a. Determine any matters regarding minor alterations to designations

b. Initiate or join any Environment Court proceedings under the Resource Management Act 1991

c. Negotiate and resolve or withdraw from any proceeding arising from (iv)(b) above

d. Select the chairperson or mediator for pre-hearing meetings pursuant to s99 and s99A of the Resource Management Act 1991.

vi) That Jim O’Malley and Steve Walker continue as commissioners for the 2GP, Variation 2, until the completion of the hearing process.

vii) That the Chief Executive will have the delegation to resolve 2GP appeals through the environment court process, until the inaugural meeting of council.

viii) In the event of a pandemic or emergency occurring, the Chief Executive Officer (or Acting Chief Executive Officer) is delegated all of the powers and functions of the local authority (other than those which may not be delegated). This delegation expires on the convening of a valid meeting of the Dunedin City Council. The power to declare a state of local emergency will rest with the Minister for Emergency Management.

ix) That from 8 October 2022 until the inaugural meeting of the Council, Warren Allen continues to act as the independent alternate Fraud Control Officer and Protective Disclosure Officer.

BACKGROUND

4 Elected members and standing committees (that have not been constituted to survive the triennium) are discharged from office from the date that the Returning Officer publicises the official results of the elections.

5 Elected members cannot act in any capacity from the date they are discharged until they have made their statutory declarations at the inaugural Council meeting which is tentatively set for 26 October 2022.

DISCUSSION

6 Unless delegations are made to apply to matters commenced in the interregnum, it will not be possible to deal with urgent matters or conduct the business ordinarily delegated to the Hearings Committee or the Hearings Committee Chair.

7 It is proposed that a series of delegations to the Chief Executive Officer and to specified people be put in place from polling day (8 October) and during the interregnum. In 2019 the Council delegated authority to the Chief Executive Officer to act during the interregnum.

8 The Civil Defence Emergency Management Group continues during the interregnum (section 12 Clause (20) of the Civil Defence Emergency Management Act 2002), therefore no delegations are required for the interregnum.

9 Warren Allen, as Chair of the Audit and Risk Committee, acts as an alternate officer in respect of the Fraud Prevention Policy, and the Protected Disclosure Whistleblower Policy. It is proposed that he be delegated authority to continue in these roles for any matters that may arise during this period. Note is made that the Audit and Risk Subcommittee will be reconstituted at the inaugural meeting of Council.

10 If no delegations are made, then the Chief Executive Officer will be required to call an extraordinary Council meeting at 72 hours’ notice if there are matters that require urgent decisions during the interregnum. This would not be effective or efficient, as the Mayor – elect and Councillors – elect would not yet be sworn in, and this too would need to be done under urgency.

NEXT STEPS

15 The recommended options provide for the expiry of the interregnum delegations. Nothing further is required.

Signatories

Author:	Sharon Bodeker - Acting Manager Governance
Authoriser:	Sandy Graham - Chief Executive Officer

Attachments

There are no attachments for this report.

	Title	Page
⇩a	Councillor Register of Interest	6
⇩b	Executive Leadership Team Register of Interest	16

	Title	Page
A ⇩	Minutes of Ordinary Council meeting held on 27 September 2022	19