Minutes of Council - Tuesday, 13 December 2022

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, top floor - Dunedin Public Art Gallery, The Octagon, Dunedin on Tuesday 13 December 2022, commencing at 10.00 am

PRESENT

Mayor	Mayor Jules Radich
Deputy Mayor	Cr Sophie Barker
Members	Cr Bill Acklin	Cr David Benson-Pope (via zoom)
	Cr Christine Garey	Cr Kevin Gilbert
	Cr Carmen Houlahan (via zoom)	Cr Marie Laufiso
	Cr Cherry Lucas	Cr Mandy Mayhem
	Cr Jim O'Malley	Cr Lee Vandervis
	Cr Steve Walker	Cr Brent Weatherall
	Cr Andrew Whiley

IN ATTENDANCE

Robert West (General Manager Corporate and Quality), Gavin Logie (Chief Financial Officer), Simon Pickford (General Manager Community Services), John Christie (Manager Enterprise Dunedin), Simon Drew (General Manager Infrastructure and Development), Jeanette Wikaira (Manahautū (General Manager Māori, Partnerships and Policy)), Gavin Logie (Chief Financial Officer), Paul Henderson (Building Services Manager), Anna Johnson (City Development Manager), Nathan Stoker (Team Leader Research and Monitoring), Scott MacLean (Group Manager Parks and Recreation), Antony Deaker (Economic Development Team Leader), David Ward (Group Manager 3 Waters), Scott Campbell (Regulation Manager 3 Waters), Jeanine Benson (Group Manager Transport), Michael Tannock (Network Assets Team Leader) Sharon Bodeker (Manager Governance), Clare Sullivan (Senior Committee Advisor), Jemma Adams (General Manager, DCHL) and Keith Cooper (Chair DCHL)

Governance Support Officer Lynne Adamson

OPENING PRAYER

Greg Hughson (retired University Chaplain) from the Dunedin Interfaith Council opened the meeting with a prayer.

1 Public Forum

1.1 Public Forum - Wayne Stephenson

Associate Professor Mr Wayne Stevenson spoke on the proposed reinstatement of the groynes and responded to questions.

1.2 Public Forum - Tony Clear

Mr Clear addressed the meeting on the George Street upgrade project.

1.3 Public Forum - Quintin Jane on behalf of the OUSA

Quintin Jane, 2023 OUSA President for the OUSA introduced himself and spoke on the OUSA’s support for the George St upgrade project.

Mr Jane spoke in support of half price bus fares and commented that the OUSA’s preference would be free fares as students were on low incomes while studying.

Mr Jane responded to questions.

Moved (Mayor Jules Radich/Cr Steve Walker)

That the Council:

Extends the public forum.

Motion carried

1.4 Public Forum - Alan Race

Mr Alan Race spoke on the George Street changes on behalf of the Central City Advisory Group.

1.5 Public Forum - Rod Rust

Mr Rod Rust spoke on behalf of the St Clair Action Group; Board Riders and as a business owner on the proposed reinstatement of the groynes.

Mr Rust responded to questions.

1.6 Public Forum - Ray Macleod

Mr Ray Macleod spoke on the trial groynes reinstatement and discussed information on the differences between solid groynes and permeable groynes

Mr Macleod responded to questions.

2 Apologies

There were no apologies.

3 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 Jules Radich/Cr Mandy Mayhem):

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/2022/103)

4 Confirmation of Minutes

4.1 Ordinary Council meeting - 29 November 2022

Moved (Mayor Jules Radich/Cr Sophie Barker):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 29 November 2022 as a correct record.

Motion carried (CNL/2022/104)

Reports

5 Future Development Strategy: Scope and focus areas
	A report from City Development sought approval for the scope and overall focus for the Future Development Strategy which was being prepared by the Dunedin City Council and Otago Regional Council in partnership with mana whenua.
	The General Manager Infrastructure and Development (Simon Drew), City Development Manager (Anna Johnson) and Team Leader Research and Monitoring (Nathan Stoker) spoke to the report and responded to questions.
Cr Garey left the meeting at 11.00 am and returned at 11.03 am.
	Moved (Cr Jim O'Malley/Cr Sophie Barker): That the Council: a) Notes the updated Housing Capacity Assessment. b) Notes the publication of the Business Land Capacity Assessment and further business land assessment work being undertaken c) Notes the proposed approach to engaging with the community and key stakeholders prior to the publication of the draft FDS. d) Notes that the Otago Regional Council considered the matter on 7 December, and agreed to use a medium growth scenario and included the recommended focus areas (as per Option 1). e) Approves using a medium growth scenario and recommended scope that included the identified focus areas (Option 1). Motion carried (CNL/2022/105)

Moved (Mayor Jules Radich/Cr Marie Laufiso)

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 11.35 am and reconvened at 11.47 am.

6 Elected Member Remuneration for the 2022-2025 Triennium
	A report from Civic sought approval of a revised remuneration allocation of the governance pool in response to a concern raised by the Authority.
	The Manahautū (General Manager Māori Partnerships and Policy) (Jeanette Wikaira) and Manager Governance (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Cr Marie Laufiso/Cr Christine Garey): That the Council: a) Approves annual remuneration of $106,600 for the Deputy Mayor. b) Approves annual remuneration of $89,192 for Chairs of Standing Committees. c) Approves annual remuneration of $78,428 for Deputy Chairs, Councillors Moved: (Mayor Radich/Cr Andrew Whiley): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 12.04 pm and reconvened at 12.08 pm. Cr Sophie Barker assumed the Chair at 12.08 pm. The Mayor resumed the Chair at 12.09 pm. Moved (Cr Sophie Barker/Cr Kevin Gilbert) That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 12.10 pm and reconvened at 12.13 pm. Cr Sophie Barker assumed the Chair at 12.13 pm. The Mayor resumed the Chair at 12.14 pm. Division The Council voted by division For: Crs David Benson-Pope, Christine Garey, Marie Laufiso and Steve Walker (4). Against: Crs Bill Acklin, Sophie Barker, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (11). Abstained: Nil The division was declared LOST by 11 votes to 4
	Following discussion it was moved (Mayor Jules Radich/Cr Sophie Barker): That the Council: a) Approves annual remuneration of $110,475 for the Deputy Mayor. b) Approves annual remuneration of $90,979 for Chairs of Standing Committees. c) Approves annual remuneration of $77,982 for Deputy Chairs. d) Approves annual remuneration of $72,783 for Councillors. e) Notes the revised remuneration levels would be forwarded to the Remuneration Authority for approval. Division The Council voted by division For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (14). Against: Cr Steve Walker (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2022/106)

Moved Mayor Radich/Cr Steve Walker

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.35 pm and reconvened at 1.02 pm.

7 Recreation Tracks Plan 2022
	A report from Parks and Recreation presented the draft Recreation Tracks Plan 2022 for adoption in replacement of the 1998 Track Policy and Strategy.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Steve Walker): That the Council: a) Adopts the Recreation Track Plan 2022. b) Authorises the Chief Executive to make any minor editorial changes to the Recreation Tracks Plan 2022. c) Notes that implementation of the Recreation Tracks Plan 2022 follows an annual implementation plan and would require ongoing engagement with stakeholders and the community and regular reporting to Council and the community. Motion carried (CNL/2022/107)

8 Submission on Increasing value from government investment in the New Zealand Screen Production Grant
	A report from Enterprise Dunedin sought approval for a Dunedin City Council submission on the consultation (the Consultation) on Increasing Value from Government Investment in the New Zealand Screen Production Grant.
	The Manager Enterprise Dunedin (John Christie) and Antony Deaker (Economic Development Team Leader) spoke to the report and responded to questions on the submission.
	Moved (Mayor Jules Radich/Cr Sophie Barker): That the Council: a) Approves the DCC submission on ‘Increasing Value from Government Investment in the New Zealand Screen Production Grant (NZSPG)’. b) Authorises the Mayor or his delegate to speak to the DCC submission at the hearings. c) Authorises the Chief Executive to make any minor editorial changes to the submission. Motion carried (CNL/2022/108)

9 Submission: Taumata Arowai Notifiable Risks or Hazards Discussion Document
	A report from 3 Waters sought approval of a draft submission to Taumata Arowai on the Notifiable Risks or Hazards Discussion Document.
	The General Manager Infrastructure and Development (Simon Drew), Group Manager 3 Waters (David Ward) and Regulation Manager 3 Waters (Scott Campbell) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Approves the draft DCC submission to Taumata Arowai. b) Authorises the Mayor or his delegate to speak to the DCC submission at any hearing on the proposal. c) Authorises the Chief Executive to make any minor editorial changes to the submission to ensure consistency of language. Motion carried (CNL/2022/109)

10 Warrant Cards 2021/22
	A report from Community Services advised the warrants that had been issued by the Chief Executive Officer in the 12-month period ending 31 October 2022.
	The General Manager Community Services (Simon Pickford) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: a) Notes the Warrant Cards 2021/22 report for the 12-month period ending 31 October 2022. b) Revokes the resolution of 5 December 2005, “That the Council receive future reports on an annual basis for its information”. Motion carried (CNL/2022/110)

11 Road Naming Report-December 2022
	A report from Transport sought approval of a legal road name and four private ways at five different developments in Dunedin.
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Christine Garey): That the Council: a) Names a legal road off Camp Street as ‘Batham Way’. b) Names a private way off Church Street as ‘Armson Close’. c) Names a private way off Grimness Street as ‘Whānau Āwhina Way’. d) Names a private way off 13 Durham Street as ‘George Lewin Lane’. e) Names a private way off 107 Wray Street as ‘de Beer Close’. Motion carried (CNL/2022/111)

13 Resolution to Stop a Portion of Grey Street, Allanton
	A report from Property recommended concluding the road stopping process for 298m2 of land at Allanton, as the public notification process had been completed and there had been no objections received.
	The Group Manager Transport (Jeanine Benson) and Network Assets Team Leader (Michael Tannock) spoke to the report and responded to questions.
	Moved (Cr Steve Walker/Cr Bill Acklin): That the Council: a) Resolves that under Section 342 of the Local Government Act 1974 the portion of unformed road described as Section 1 SO 576292 is stopped. b) Notes that no objections were submitted during the notice period. c) Authorises a public notice declaring that the road is stopped. Motion carried (CNL/2022/113)

14 2022 Annual Reports for the Dunedin City Holdings Ltd Group
	A report from Civic appended the 2022 Annual Reports of Dunedin City Holdings Ltd Group companies, excluding Dunedin Venues Management Limited, which would be available in the New Year.
	The Chair, DCHL (Keith Cooper) and General Manager DCHL (Jemma Adams) spoke to the reports and responded to questions.
	Moved (Cr Sophie Barker/Cr Bill Acklin): That the Council: a) Notes the 2022 Annual Reports of: - Dunedin City Holdings Limited - Dunedin City Treasury Limited - Aurora Energy Limited - City Forests Limited - Delta Utility Services Limited - Dunedin International Airport Limited - Dunedin Railways Limited - Dunedin Stadium Property Limited Motion carried (CNL/2022/114)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 3.17 pm until 3.30 pm.

15 Notice of Motion - George Street
	In accordance with Standing Order 26.1, a Notice of Motion was received from Mayor Radich.
Moved (Mayor Jules Radich/Cr Steve Walker): That the Council: Extends the meeting beyond 6 hours. Motion carried Cr Sophie Barker assumed the Chair. Moved (Cr Sophie Barker/Cr Andrew Whiley): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 4.11 pm and reconvened at 4.12 pm The Mayor resumed the Chair. It was requested that i) and ii) be taken separately.
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council: a) Request an update report on the Retail Quarter Upgrade works in time for the Infrastructure Services Committee meeting in February 2023 to establish: i) How the project is tracking relative to its budget and timeframes. Division The Council voted by division For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (12). Against: Crs Christine Garey, Marie Laufiso and Steve Walker (3). Abstained: Nil The division was declared CARRIED by 12 votes to 3 Motion carried (CNL/2022/115)
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council: ii) How flexibility can be incorporated into the remainder of the project to minimise future expense if modification is deemed necessary. Division The Council voted by division For: Crs Bill Acklin, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (8). Against: Crs Sophie Barker, David Benson-Pope, Christine Garey, Marie Laufiso, Mandy Mayhem, Jim O'Malley and Steve Walker (7). Abstained: Nil The division was declared CARRIED by 8 votes to 7 Motion carried (CNL/2022/116)

Cr Bill Acklin left the meeting at 4.22 pm.

16 Notice of Motion - Public Transport Fares
	In accordance with Standing Order 26.1, a Notice of Motion was received from Councillor Steve Walker. It was requested that resolution d) be taken separately.
	Moved (Cr Steve Walker/Cr Jim O'Malley): That the Council: a) Supports the continuation of government funded, universal half price fares for public transport beyond the current end date of 1 February 2023; b) Writes to the Minister of Transport, Minister of Finance and Minister for Climate Change to relay the message, before the House rises for 2022; c) Seeks the support of the Otago Regional Council, as the authority responsible for implementing it in Dunedin Motion carried (CNL/2022/117)

	Moved (Cr Steve Walker/Cr Jim O'Malley): That the Council: d) Requests the Otago Regional Council retains the one-dollar fare while we jointly lobby government. Motion carried (CNL/2022/118) with Mayor Jules Radich and Cr Lee Vandervis recording their vote against

Resolution to exclude the public

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 St Clair Beach - Timber Groyne	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	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.
C2 Property update	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.
C3 Property Option	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.
C4 Property Opportunity	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Dunedin City Holdings Group: Director Appointment	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.

That Michael Garbett and Jessica Hardman (Anderson Lloyd) be permitted to remain in the meeting because of their knowledge for Item C1. This knowledge would be of assistance and was relevant to the matter being discussed.

The meeting moved into confidential at 4.44 pm and concluded at 7.00 pm.

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MAYOR