Supplementary Agenda of Council - Tuesday, 31 January 2023

Notice of Meeting:

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

Date: Tuesday 31 January 2023

Time: 10.00 am

Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin

Sandy Graham

Chief Executive Officer

Council

SUPPLEMENTARY AGENDA

MEMBERSHIP

Mayor	Mayor Jules Radich
Deputy Mayor	Cr Sophie Barker
Members	Cr Bill Acklin	Cr David Benson-Pope
	Cr Christine Garey	Cr Kevin Gilbert
	Cr Carmen Houlahan	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

Senior Officer Sandy Graham, Chief Executive Officer

Governance Support Officer Lynne Adamson

Lynne Adamson

Governance Support Officer

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

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

Council

31 January 2023

Reports

Letter of Expectations for Dunedin City Holdings Limited and Group

Department: Civic

EXECUTIVE SUMMARY

1 The purpose of this report is to consider a draft Letter of Expectations (“the Letter”) for the Dunedin City Holdings Limited (DCHL) Board. The draft Letter is at Attachment A.

2 The Letter provides Council's direction to DCHL, outlining the parties' respective accountabilities, roles and responsibilities, and the future plans of the Shareholder. The Letter will assist DCHL and the wider group in developing their Statements of Intent (SOI) documents for 2023/24.

RECOMMENDATIONS

That the Council:

a) Considers the draft Letter of Expectations to the Board of Dunedin City Holdings Limited on behalf of the Council as Shareholder.

b) Authorises the CEO to make any changes to the Letter of Expectations following Council’s feedback.

c) Authorises the Mayor to sign the Letter of Expectations on behalf of the Council as Shareholder.

BACKGROUND

3 Council and the Boards of the Council-Controlled Organisations (CCOs) continually work to enhance the relationship between all organisations.

4 The Council and DCHL are both aware of the importance of the Letter of Expectations. The Letter is a governance and accountability tool that communicates what outcomes the Council, as Shareholder, wants from its CCOs.

5 Council sends an annual Letter of Expectations to DCHL with the intention that this information will be discussed and implemented within the wider Council Group.

6 The expectations are, where appropriate, included in the group’s draft SOIs which are due to Shareholders by 1 March 2023.

7 The most recent Letter of Expectations was issued to DCHL on 16 December 2021 and a copy is attached to this report at Attachment B.

DISCUSSION

8 The attached draft Letter for the 2023/24 financial year details the expectations of Council under the following headings:

· DCHL purpose

· Focus for the 2023 financial year

· Climate change

· General expectations of DCHL

· Dividends and debt

· Group Investment Plan

· Reports

· Working with DCC

· Next steps.

9 The draft Letter is seeking to have strategic alignment between DCC and DCHL, through enhanced communications and engagement.

10 It identifies some specific items for the 2023/24 financial year including working with the DCC in relation to the future outlook for DCHL to help inform a DCHL dividend policy, continuing to align with DCC living wage policies, and continuing to set targets and strategies that will contribute to Council’s goal of reducing Dunedin’s carbon emissions to net zero by 2030.

11 The draft Letter acknowledges the commitment of DCHL to address climate change. It asks DCHL group to continue reviewing its activities and advise Council how the DCHL group will contribute to the Council’s zero carbon work programme.

12 The draft Letter identifies that a greater level of certainty and transparency is needed on DCHL’s dividend policy. It requests a Group wide view of where debt and debt servicing are best placed.

13 The letter requests a dividend from the DCHL Trading companies of $11.00 million for the 2023/24 financial year. This dividend along with the $5.90 million interest payment will make a total annual distribution of $16.90 million. The letter clearly states a higher dividend will be required in the future.

14 The draft Letter identifies that Council is in the process of developing a group wide investment plan for all its investment assets that will take a consolidated review of all group assets. DCHL’s input into this process is expected in time for inclusion in the Council’s next 10 year plan.

OPTIONS

15 This report is seeking feedback on the content of the Letter of Expectations prior to finalisation and issuing to DCHL.

NEXT STEPS

16 Once agreed, the Letter of Expectations will be signed by the Mayor on behalf of the Shareholder and sent to the Board of DCHL for action.

Signatories

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

Attachments

	Title	Page
⇩a	Draft DCHL Letter of Expectation to 30 June 2024	8
⇩b	Letter of Expectation to 30 June 2023	13

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report relates to providing local infrastructure, public services and regulatory functions for the community.

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 performance of the companies helps Council deliver across the strategic framework, but this report has no direct contribution.

Māori Impact Statement

There are no known impacts for Māori.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy / Infrastructure Strategy

The report fulfils the financial reporting requirements for Council and the Local Government Act 2002.

Financial considerations

Not applicable.

Significance

This report has been assessed as being of low significance in terms of the Council's Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

The final letter will incorporate feedback from Elected Members.

Risks: Legal / Health and Safety etc.

No risks have been identified.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

31 January 2023

Local Government Official Information and Meetings Bill - Submission on the Amendment Bill

Department: City Development

EXECUTIVE SUMMARY

1 This report seeks consideration and approval of a draft submission (Attachment A) to the Governance and Administration Committee on the Local Government Official Information and Meetings Amendment Bill (the Bill).

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council submission, with any amendments, on the Local Government Official Information and Meetings Amendment Bill.

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

BACKGROUND

2 The intent of the Local Government Official Information and Meetings Amendment Bill is to amend the Local Government and Official Information and Meetings Act 1987 (LGOIMA) to:

a) more clearly require natural hazards information in Land Information Memoranda (including the impacts of climate change);

b) include a statutory responsibility for regional councils to provide natural hazard information (including about the impacts of climate change) and support to territorial authorities;

c) include a specific purpose for providing natural hazard information;

d) include provisions to develop regulations for providing natural hazard information in Land Information Memoranda (LIM);

e) include the impacts of climate change that exacerbate natural hazards; and

f) limit the legal liability for local authorities when disclosing natural hazard information.

3 The Governance and Administration Select Committee is calling for submissions on the Bill. The closing date for submissions is 3 February 2023

DISCUSSION

4 The draft DCC submission notes:

a) Support for amendments requiring climate change information in disclosures of natural hazards

b) The reliance DCC will have on Otago Regional Council (ORC) when the proposed amendments come into force

c) Support for regulation making provisions noting the need for flexibility on the presentation of natural hazard information

d) Strong support for protection from prosecution when information is provided in good faith

e) Support for the aligning of the Official Information Act 1982 and the LGOIMA

OPTIONS

Option One – Recommended Option – Approve the Draft Submission to the Governance and Administration Committee on the Local Government Official Information and Meetings Amendment Bill

5 Approve the draft Dunedin City Council submission to the Governance and Administration Committee on the Local Government Official Information and Meetings Amendment Bill, subject to any amendment.

Advantages

· Opportunity to provide feedback to improve the provision of natural hazard information in a Land Information Memoranda

Disadvantages

· No identified disadvantage.

Option Two – Do not Approve the Submission to the Governance and Administration Committee on the Local Government Official Information and Meetings Amendment Bill

6 Do not approve the submission to the Governance and Administration Committee on the Local Government Official Information and Meetings Amendment Bill.

Advantages

· No identified advantage

Disadvantages

· Missed opportunity to provide feedback to improve the provision of natural hazard information in a Land Information Memoranda.

NEXT STEPS

7 If the submission is approved staff will submit it, with any amendments, to the Clerk of the Governance and Administration Committee.

Signatories

Author:

Paul Freeland - Principal Policy Advisor

Anna Johnson - City Development Manager

Authoriser:

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Submission on Local Government Official Information and Meetings Ammendment Bill	22

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 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	☐	☐	☒

This submission is in alignment with Dunedin’s Social Wellbeing Strategy and its strategic direction Connected People. Furthermore, this submission is in alignment with the DCC’s Park and Recreation Strategy and its strategic priority Managing parks, landscapes, flora and fauna to adapt to and mitigate projected climate change impacts.

Māori Impact Statement

Māori have significant interest in their whenua and data that pertains to it. Data can be seen as a taonga and therefore is guaranteed to Māori in the second article of the Treaty of Waitangi. Further work is needed to understand the implications of the land hazard information and data DCC keeps as it pertains to mana whenua.

Sustainability

There are no direct implications for sustainability

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents

Financial considerations

There are no known financial implications

Significance

This decision has been assessed as low under the Council’s Significance and Engagement Policy

Engagement – external

The DCC has engaged with the ORC to discuss the implications of the proposed amendments.

Engagement - internal

This submission was drafted by City Development in consultation with Corporate Policy. Staff from Building Services, Zero Carbon, South Dunedin Future and BIS have also provided feedback.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no identified conflicts of interest

Community Boards

The DCC submission is likely to be of interest to all Dunedin communities including those served by Community Boards.

Council

31 January 2023

Committee Structure and Delegations Manual 2023

Department: Civic

EXECUTIVE SUMMARY

1 The Committee Structure and Delegations Manual is presented for formal adoption by Council.

2 Changes have been made to the 2019 Committee Structure and Delegations Manual to reflect the new Committee Structure, as approved at the Council meeting of 26 October 2022.

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

RECOMMENDATIONS

That the Council:

a) Adopts the Committee Structure and Delegations Manual 2023.

BACKGROUND

4 To ensure that decisions are made in an efficient manner and to facilitate community participation in democratic processes, the Council makes delegations to Committees, Subcommittees and the Chief Executive Officer. These delegations are recorded in the Committee Structure and Delegations Manual (the Manual).

5 At the end of each triennium the committee structures are automatically revoked along with their delegated powers. The Mayor has detailed the committee structure, and Council needs to adopt new delegations to provide the committees and subcommittees the powers to conduct business.

DISCUSSION

6 A new Manual recording the updated committee structure, and delegations for the 2023 triennium is proposed for adoption. The Manual is at Attachment A to this report.

7 The new Committees have the following proposed areas of responsibility and delegations:

a) Civic Affairs Committee – this new committee has been established to provide for the effective oversight of governance and procedural matters, including review of Standing Orders, Code of Conduct and maintenance of the Committee Structure and Delegations Manual. This Committee will also hold Community Board Forums. These forums will be held at the start of each Civic Affairs Committee meeting, with two Boards presenting to the Committee on matters that they wish to raise with Council. Each board will have the opportunity to present to the Committee on two occasions during the calendar year.

b) Community Services Committee – this committee primarily covers the work of the previous Community and Culture Committee, including Council’s art and culture activity, parks and recreation, and community housing.

c) Customer and Regulatory Committee – this new committee is responsible for the development of regulatory policy and bylaws, and it will make regulatory decisions for activities including building control, environmental health, animal services and health and safety.

d) Infrastructure Services Committee – the areas of responsibility are primarily those from the previous triennium, with the inclusion of Coastal matters, Public Toilets, Easements and Major Projects. Freedom camping and the Mosgiel Aquatic Facility have been moved to the Community Services Committee.

e) Strategy, Planning and Engagement Committee – this new committee replaces the Planning and Environment Committee, and provides for the delivery of Council’s Strategic Framework, and other strategies and plans. It may make recommendations to Council on Annual Plans, 10 year plans and the 2GP.

f) Chief Executive Appraisal Committee – this committee was not included in the Manual in the last triennium. It has been re-established for this new triennium.

8 The Manual also provides delegations to the Chief Executive Officer (CEO) and these remain unchanged from the 2019 Manual.

OPTIONS

9 There are no options.

NEXT STEPS

10 The Manual will be reviewed by legal counsel as a quality review, before being published.

11 Councillors will be provided with a copy of the Manual.

Signatories

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

Attachments

	Title	Page
⇩a	Committee Structure & Delegations Manual 2023	27

Council

31 January 2023