Agenda of Council - Monday, 27 March 2023

Council

27 March 2023

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Wednesday 22 February 2023, commencing at 10.00 am Annual Plan

PRESENT

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

IN ATTENDANCE

Sandy Graham (Chief Executive 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), Robert West (General Manager Corporate and Quality), Claire Austin (General Manager Customer and Regulatory), Carolyn Allan (Senior Management Accountant), Anna Nilsen (Group Manager Property Services), Scott MacLean (Group Manager Parks and Recreation), Jeanine Benson (Group Manager Transport) Ben Hogan (Transport Delivery Manager), David Ward (Group Manager 3 Waters), Dan Hendra (Team Leader Events), Chris Henderson (Group Manager Waste and Environment), Sharon Bodeker (Manager Governance) and Clare Sullivan (Principal Committee Advisor)

Governance Support Officer Lynne Adamson

1 Public Forum

There was no Public Forum.

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/2023/020)

Reports

4 CEO Overview Report- Annual Plan 2023/24
	A report from Finance and the Executive Leadership Team provided an overview of the budgets to be included in the draft 2023/24 Annual Plan which was an update of year three of the 10 year plan 2021-31.
Cr Carmen Houlahan entered the meeting at 10.02 am.
	The Chief Executive Officer (Sandy Graham), Chief Financial Officer (Gavin Logie) and Senior Management Accountant (Carolyn Allan) spoke to the report and responded to questions.
Cr Carmen Houlahan left the meeting at 10.39 am and returned at 10.43 am.
	Moved (Mayor Jules Radich/Cr David Benson-Pope): That the Council: a) Adopts the draft 2023/24 operating budgets for the purpose of community engagement. b) Notes that any resolution made during this meeting related to the 2023/24 Annual plan reports may be subject to further discussions and decision by the meeting. 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, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (15). Against: Nil Abstained: Nil The division was declared CARRIED by 15 votes to 0 Motion carried (CNL/2023/021)

5 Annual Plan Budget Update - Property Services
	A report from Property Services provided an overview of the operating expenditure budgets for the 2023/24 Annual Plan year for the Property Group and the draft funding impact statement.
	The General Manager, Corporate and Quality (Robert West) and Group Manager, Property Services (Anna Nilsen) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Approves the draft 2023/24 operating budget for the Property Group. b) Approves the draft 2023/24 fees and charges schedules for the Property Group. 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, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (15). Against: Nil Abstained: Nil The division was declared CARRIED by 15 votes to 0 Motion carried (CNL/2023/022)

Moved: (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 11.31 pm and reconvened at 11.45 am.

6 Outram Glen - Facilities Upgrade
	A report from Property provided an update on the cost to upgrade the facilities at Outram Glen which included the provision of a new toilet and road sealing options.
	The General Manager, Corporate and Quality (Robert West) and Group Manager, Property Services (Anna Nilsen) spoke to the report and responded to questions.
	Moved (Cr Cherry Lucas/Cr David Benson-Pope): That the Council: Approves the installation of new toilets and BBQ, and regrade and resurface the accessway with Otta seal. Motion carried (CNL/2023/023)

7 Annual Plan Budget Update - Reserves and Recreational Facilities
	A report from Parks and Recreation provided an overview of the operating expenditure budgets for the 2023/24 Annual Plan year for the Reserves and Recreational Facilities Group.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
	Moved (Cr Christine Garey/Cr Mandy Mayhem): That the Council: a) Approves the draft 2023/24 operating budget for the Reserves and Recreational Facilities Group. b) Approves the draft 2023/24 fees and charges schedules for Reserves and Recreational Facilities. Motion carried (CNL/2023/024)

Moved (Mayor Jules Radich/Cr Steve Walker)

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.45 pm and reconvened at 1.18 pm.

8 Destination Playspaces - Stage 1 Consultation Feedback
	A report from Parks and Recreation summarised the submissions received from stage one of the destination playspaces engagement process. Engagement with the community occurred between 10 October and 31 October 2022.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Carmen Houlahan): That the Council: a) Approves developing concept plans for the three existing destination playspaces (Marlow Park, Woodhaugh Gardens and Mosgiel Memorial Park) as modern destination playgrounds. 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, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (14). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2023/025)

	Moved (Mayor Jules Radich/Cr Jim O'Malley): That the Council: b) Does not progress site investigations for the establishment of a new destination playspace on Council owned land. 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, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (15). Against: Nil Abstained: Nil The division was declared CARRIED by 15 votes to 0 Motion carried (CNL/2023/026)

9 Aquatic Facilities Network Review
	A report from Parks and Recreation presented a review of Dunedin’s aquatic facilities network. The purpose of the review was to determine the extent of the network, the role each facility plays in the community and to explore opportunities for collaboration, to optimise the provision of aquatic services in Dunedin.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions. It was requested that the resolutions be taken separately.
	Moved (Cr Christine Garey/Cr Bill Acklin): That the Council: a) Notes the Aquatic Facilities Review. Motion carried (CNL/2023/027)
	Moved (Cr Christine Garey/Cr Bill Acklin): That the Council: b) Request staff investigate potential co-investment options with the Ministry of Education and other partners and report back in time for the January 2024-2034 10‑Year Plan meeting. Motion carried (CNL/2023/028)
	Moved (Cr Christine Garey/Cr Bill Acklin): That the Council: c) Notes staff would continue to work with the Otago Therapeutic Pool Trust. Motion carried (CNL/2023/029)

10 Sports Facilities Review
	A report from Parks and Recreation completed a review of Dunedin City Council’s indoor and outdoor sports facilities (excluding aquatic facilities) to understanding the current state and level of provision of DCC’s indoor and outdoor sport and recreation facilities.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Notes the Sports Facility Review 2022. b) Notes that the Sports Facilities Review will be used by Parks and Recreation as it works with Sport Otago in the development of an Otago Regional Spaces and Places Plan and subsequent sub-regional plan for Dunedin. Motion carried (CNL/2023/030)

Moved (Mayor Jules Radich/Cr Jim O’Malley):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 2.58 pm and reconvened at 3.10 pm.

11 Annual Plan Budget Update - Roading and Footpaths
	A report from Transport provided an overview of the operating expenditure budgets for the 2023/24 Annual Plan year for the Roading and Footpaths Group.
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
Cr Bill Acklin returned to the meeting at 3.12 pm.
	Moved (Cr Jim O'Malley/Cr Steve Walker): That the Council: a) Approves the draft 2023/24 operating budget for the Roading and Footpaths Group. b) Approves the draft 2023/24 fees and charges schedules for the Roading and Footpaths Group. Motion carried (CNL/2023/031)

12 Unsealed Road Maintenance - Dust Suppression
	A report from Transport provided an overview on how DCC currently managed and funded dust suppression on unsealed roads and presented different funding options to continue the delivery of dust suppression.
	The General Manager Infrastructure and Development (Simon Drew) and Transport Delivery Manager (Ben Hogan) spoke to the report and responded to questions.
	Moved (Cr Lee Vandervis/Cr Kevin Gilbert): That the Council: a) Notes that Dunedin City Council will replace the current bio-oil dust suppression with Otta sealing. b) Approves Option One - That applicants fund 50% of the $540,000 cost of dust suppression. Motion carried (CNL/2023/032)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Extends the meeting beyond six hours.

Motion carried

The Mayor advised that Items 13 and 14 would be deferred until Thursday 23 February 2023 due to staff availability.

15 Annual Plan Budget Update - 3 Waters
	A report from 3 Waters provided an overview of the operating expenditure budgets for the draft 2023/24 Annual Plan year for the 3 Waters Group.
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager 3 Waters (David Ward) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Cherry Lucas): That the Council: a) Approves the draft 2023/24 operating budget for the 3 Waters Group. b) Approves the draft 2023/24 fees and charges schedules for the 3 Waters Group. Motion carried (CNL/2023/033)

16 Annual Plan Budget Update - Galleries, Libraries and Museums
	A report from the Executive Leadership Team provided an overview of the operating expenditure budget for the 2023/24 Annual Plan year for the Galleries, Libraries and Museums Group.
	The General Manager Community Services (Simon Pickford) spoke to the report and responded to questions.
	Moved (Cr Christine Garey/Cr Bill Acklin): That the Council: a) Approves the draft 2023/24 operating budget for the Galleries, Libraries and Museums Group. b) Approves the draft 2023/24 fees and charges schedules for the Galleries, Libraries and Museums Group. Motion carried (CNL/2023/034)

17 Annual Plan Budget Update - Community and Planning
A report from the Executive Leadership Team provided an overview of the operating expenditure budget for the 2023/24 Annual Plan year for the Community and Planning Group.
The General Manager Community Services (Simon Pickford), General Manager Infrastructure and Development (Simon Drew) and Team Leader Events (Dan Hendra) spoke to the report and responded to questions.
Moved (Cr Sophie Barker/Cr Kevin Gilbert): That the Council: a) Approves the draft 2023/24 operating budget for the Community and Planning Group. b) Approves the draft 2023/24 fees and charges schedules for the Community and Planning Group. c) Ask staff to develop a Heritage Action Plan (in time for the ten year plan in January 2024). Motion carried (CNL/2023/035)

Moved (Mayor Jules Radich/Cr Sophie Barker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 4.39 pm and reconvened at 9.00 am on Thursday 23 February 2023.

Cr Jim O’Malley entered the meeting at 9.03 am.

13 ANNUAL PLAN BUDGET UPDATE – GOVERNANCE AND SUPPORT SERVICES
	A report from the Executive Leadership Team provided an overview of the operating expenditure budgets for the 2023/24 Annual Plan year for the Governance and Support Services Group.
	The Chief Financial Officer (Gavin Logie) spoke to the report and responded to questions.
	Moved (Cr Mandy Mayhem/Cr Carmen Houlahan): That the Council: a) Approves the draft 2023/24 operating budget for the Governance and Support Services Group. b) Approves the draft 2023/24 fees and charges schedules for the Regulatory Services Group. Motion carried (CNL/2023/036)

14 Annual Plan Budget Update - Regulatory Services
A report from the Executive Leadership Team provided an overview of the operating expenditure budget for the 2023/24 Annual Plan year for the Regulatory Services Group.
The General Manager Customer and Regulatory (Claire Austin) and Chief Financial Officer (Gavin Logie) spoke to the report and responded to questions.
Moved (Cr Carmen Houlahan/Cr Lee Vandervis): That the Council: a) Approves the draft 2023/24 operating budget for the Regulatory Services Group. b) Approves the draft 2023/24 fees and charges schedules for the Regulatory Services Group. Motion carried (CNL/2023/037)

18 Annual Plan Budget Update - Economic Development
	A report from Enterprise Dunedin provided an overview of the operating expenditure budget for the 2023/24 Annual Plan year for the Economic Development Group.
	The Manager Enterprise Dunedin (John Christie) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Christine Garey): That the Council: a) Approves the draft 2023/24 operating budget for the Economic Development Group. b) Approves the draft 2023/24 fees and charges schedules for the Economic Development Group. Motion carried (CNL/2023/038)

19 Annual Plan Budget Update - Waste Management
	A report from the Waste and Environmental Solutions provided an overview of the operating expenditure budgets for the 2023/24 Annual Plan year for the Waste Management Group.
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager Waste and Environmental Solutions (Chris Henderson) spoke to the report and responded to questions.
Cr Carmen Houlahan left the meeting at 10.09 am and returned at 10.13 am.
	Moved (Cr Jim O'Malley/Cr Cherry Lucas): That the Council: a) Approves the draft 2023/24 operating budget for the Waste Management Group. b) Approves the draft 2023/24 fees and charges schedules for Waste Management Group. c) Directs staff to write to the Ministry of the Environment seeking an explanation as to why the Waste Disposal Levy is applied to material that is used in the operation of the Green Island Landfill. Motion carried (CNL/2023/039)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 10.46 am and reconvened at 11.00 am.

20 2023-24 Rating Method
	A report from Finance advised that the draft budget as presented for 2023-24 included an overall increase in rates of 6.5%.
	The Chief Financial Officer (Gavin Logie) and Senior Management Accountant (Carolyn Allan) spoke to the report and responded to questions.
	Moved (Cr Bill Acklin/Cr Mandy Mayhem): That the Council: a) Approves an increase in the community services targeted rate for the 2023-24 year of $8.00 to $111.50 including GST. b) Approves an increase in the Stadium 10,000 plus seat differentiated rates for the 2023‑24 year based on the June 2022 Local Government Cost Index of 7.6%. c) Approves the current rating method for the setting of all other rates for the 2023-24 year. 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, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (14). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2023/040)

21 Revenue Policy Compliance
	A report from Civic advised that the Revenue and Financing Policy was required by the Local Government Act. It sets out how Council’s operating and capital expenditure would be funded, and the sources of those funds.
	The Chief Financial Officer (Gavin Logie) and Manager Governance (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Cr Sophie Barker/Cr Kevin Gilbert): That the Council: Notes the Revenue Policy Compliance report. Motion carried (CNL/2023/041)

22 Engagement on the 2023/24 Annual Plan
	A report from Civic and the Executive Leadership Team advised that the draft 2023/24 Annual Plan was an update of year three of the 10 year plan 2021-31.
	The General Manager Corporate and Quality (Robert West) and Manager Governance (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Cr Steve Walker/Cr Carmen Houlahan): That the Council: Approves the recommended engagement approach as outlined in the report. Motion carried (CNL/2023/042)

The meeting concluded at 11.34 am

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

MAYOR

Council

27 March 2023

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Tuesday 28 February 2023, commencing at 10.00 am

PRESENT

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

IN ATTENDANCE

Sandy Graham (Chief Executive 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), Robert West (General Manager Corporate and Quality), Claire Austin (General Manager Customer and Regulatory), Karilyn Canton (Chief In-House Legal Counsel), Nadia McKenzie (In-House Legal Counsel), Gina Hu'akau (Corporate Policy Manager), Anna Johnson (City Development Manager), Michael Tannock (Transport Network Team Leader) and Clare Sullivan (Principal Committee Advisor).

Governance Support Officer Lynne Adamson

1 Opening

Rev Canon Michael Wallace (All Saints Church) opened the meeting with a prayer.

2 Public Forum

Dunedin Fringe Festival

Ruth Harvey (Acting Co-Director/Development and Strategic Relationships Manager) and Kate Schrader (Acting Co-Director) addressed the meeting on the upcoming Dunedin Fringe Festival and the Dunedin Fringe Arts Trust’s broader work.

Cr Brent Weatherall entered the meeting at 10.05 am and Cr Carmen Houlahan entered the meeting at 10.06 am.

Ms Harvey and Ms Schrader responded to questions.

Environmental Issues

Andrew Sutherland addressed the meeting on environmental issues and the need for Council to show leadership and take more responsibility to combat the effects of climate change.

Mr Sutherland responded to questions.

Proposed Water Infrastructure Reforms

Diane Yeldon addressed the meeting in support of the Council sending a strong message of protest to the Government over the proposed Water Infrastructure Reforms.

Ms Yeldon responded to questions.

3 Apologies

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Accepts the apology from Cr Andrew Whiley.

Motion carried (CNL/2023/043)

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 Jules Radich/Cr Sophie Barker):

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 Team Members’ Interest Register.

Motion carried (CNL/2023/044)

5 Confirmation of Minutes

5.1 Ordinary Council meeting - 31 January 2023

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 31 January 2023 as a correct record.

Motion carried (CNL/2023/045)

Reports

6 Actions From Resolutions of Council Meetings
	A report from Civic provided an update 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 Jules Radich/Cr Steve Walker): That the Council: Notes the Open and Completed Actions from resolutions of Council meetings. Motion carried (CNL/2023/046)

7 Forward Work Programme for Council - February 2023
	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 Jules Radich/Cr Sophie Barker): That the Council: Notes the updated Council forward work programme. Motion carried (CNL/2023/047)

8 Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill - Submission
	A report from the Executive Leadership Team and Legal sought approval of a draft Dunedin City Council submission to Parliament’s Finance and Expenditure Select Committee on two bills - the Water Services Legislation Bill and the Water Services Economic Efficiency and Consumer Protection Bill.
	The Chief Executive Officer (Sandy Graham), General Manager Infrastructure and Development (Simon Drew), Chief In-House Legal Counsel (Karilyn Canton), and In-House Legal Counsel (Nadia McKenzie) spoke to the report and responded to questions on the submission.
Cr Christine Garey left the meeting at 11.07 am and returned at 11.10 am.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Approves the draft DCC submission to the Finance and Expenditure Committee on the Legislation Bill and the Regulation Bill. b) Authorises the Mayor and/or his delegate to speak to the submission. c) Authorises the Chief Executive to make any minor editorial changes if needed. 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, Steve Walker, Brent Weatherall and Mayor Jules Radich (14). Against: Nil Abstained: Nil The division was declared CARRIED by 14 votes to 0 Motion carried (CNL/2023/048)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.01 pm and reconvened at 12.43 pm.

9 Future for Local Government Review - Submission
	A report from Corporate Policy sought approval of a draft Dunedin City Council submission on the Review into the Future for Local Government.
	The Manahautū General Manager Māori Partnerships and Policy (Jeanette Wikaira) and Corporate Policy Manager (Gina Hu'akau) spoke to the report and responded to questions on the submission.
	Moved (Mayor Jules Radich/Cr Steve Walker): That the Council: a) Approves the DCC submission, on “the Future for Local Government Review” with the addition of the word “alone” to paragraph 47 of the submission. b) Authorises the Chief Executive to make any minor editorial amendments to the submission. 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, Steve Walker, Brent Weatherall and Mayor Jules Radich (13). Against: Cr Lee Vandervis (1). Abstained: Nil The division was declared CARRIED by 13 votes to 1 Motion carried (CNL/2023/049)

10 Future Development Strategy - Governance Arrangements
	A report from City Development advised that the National Policy Statement on Urban Development required the Dunedin City Council and Otago Regional Council to jointly prepare a Future Development Strategy for Dunedin by mid-2024. It noted the governance arrangements for Stage One of the Future Development Strategy and the preparation and approval of the Draft Strategy for consultation.
	The General Manager Infrastructure and Development (Simon Drew) and City Development Manager (Anna Johnson) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Jim O'Malley): That the Council: a) Notes that Dunedin City Council governance and decision making on the FDS will be exercised by the Strategy, Planning and Engagement Committee, as per the current Committee Structure and Delegations Manual. b) Notes the proposed approach to community engagement during the preparation of the FDS. Motion carried (CNL/2023/050)

11 Triennial Agreement 2023-2025
	A report from Civic noted that the new Triennial Agreement for the period 2023-2025 was required to be approved by each local authority within Otago, in identical format no later than 1 March 2023. The Otago Local Authorities’ Triennial Agreement 2023-25 (the Triennial Agreement) was being presented to all the other local authorities in the region for their consideration and approval.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
Moved: (Cr Sophie Barker/Mayor Jules Radich): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 1.43 pm and reconvened at 1.49 pm.
	Moved (Cr Sophie Barker/Cr Jim O'Malley): That the Council: a) Approves the Otago Local Authorities’ Triennial Agreement 2023-25. b) Authorises the Mayor to sign the Otago Local Authorities’ Triennial Agreement 2023-25 on behalf of the Dunedin City Council. c) Notes that it has signed on the understanding that: i) Members of the Otago Mayoral Forum speak in their own right, rather than as representatives of their Councils; and ii) The Otago Mayoral Forum does not have the power to legally bind DCC to any act or decision, unless that act or decision has been agreed to by decision of that Council; and iii) The Dunedin City Council will seek to have the Triennial Agreement 2023-2025 amended as soon as possible so that the above two points are explicitly recorded in the agreement. Motion carried (CNL/2023/051)

12 Appointment of Hearing Panel for Interim Speed Management Plan
	A report from Civic sought the appointment of a hearing panel to consider the submissions received, hear from those submitters who wished to present and make recommendations on the draft Dunedin Interim Speed Management plan which was open for public consultation from 14 November to 9 December 2022.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
	Moved (Cr Bill Acklin/Cr Marie Laufiso): That the Council: Appoints Cr O’Malley (Chair), Cr Lucas, Cr Whiley, and Cr Mayhem as a substitute if needed, to the hearing panel for the Draft Dunedin Interim Speed Management Plan. Motion carried (CNL/2023/052)

13 Councillor appointments to external organisations
	A report from Civic noted that there were a number of organisations throughout the city which the Council is required or able to appoint representatives to under the terms of those organisations’ constitutions. An appointment was required to one of these organisations, the Hereweka Harbour Cone Trust (the Trust) following the retirement of the Council appointee, Neville Peat from the Trust. The report recommended an appointment for the Trust, and a swap of Councillor representative appointments on two external organisations.
	The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions. Councillors recorded their sincerest thanks to Mr Neville Peat for all his work for the Hereweka Harbour Cone Trust. It was requested that the resolutions be taken separately.
	Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: a) Records its thanks to Mr Neville Peat for his service on the Hereweka Harbour Cone Trust since 2014. Motion carried (CNL/2023/053)
	Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: b) Appoints Cr Andrew Whiley to the Hereweka Harbour Cone Trust. Motion carried (CNL/2023/054)
	Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: c)(i) Appoints Cr Lee Vandervis as the Councillor representative for Age Concern. Motion carried (CNL/2023/055) with Cr Christine Garey recording her vote against
	Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: c)(ii) Appoints Cr Mandy Mayhem as the Councillor representative on the Disability Issues Advisory Group. Motion carried (CNL/2023/056)

Resolution to exclude the public

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

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 Confidential Public Forum	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.	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 Ordinary Council meeting - 31 January 2023 - Public Excluded	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. 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).	.
C3 Confidential Council Actions from Resolutions at Council Meetings	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. 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.
C4 Confidential Council Forward Work Programme - February 2023	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 Social Housing - Inner City Site	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. 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.	The content of this report is subject to commercial sensitivity..
C6 Revocation of resolution	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.

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 Russell Lund (Developer) and David McEwen and Fiona Arnold (Salvation Army) be permitted to remain at the meeting after the public has been excluded to speak to Item C1. Their knowledge for this item may be of assistance in matters to be discussed.

Motion carried (CNL/2023/058)

The meeting moved into confidential at 2.11 pm and concluded at 4.28 pm.

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

MAYOR

Council

27 March 2023

State Highway 1 - Discussion of Options

Department: Transport

EXECUTIVE SUMMARY

1 This report updates Council on additional work undertaken by the Dunedin City Council (DCC) and Waka Kotahi New Zealand Transport Agency (Waka Kotahi) on options for State Highway 1 (SH1) through Dunedin City.

2 The two options considered for the State Highway 1 are the retention of the existing one-way (with enhancements) known as Programme 1 (P.1) and a two-way option known as Programme 2 version 3 (P.2v3).

3 The additional work includes a public realm assessment (i.e. options for urban amenity), and additional traffic modelling to determine how the network performs under both options.

RECOMMENDATIONS

That the Council:

a) Endorses the State Highway 1 one-way option (p.1) through Dunedin City.

b) Notes the Public Realm Assessment by Jasmax dated February 2023.

c) Notes the State Highway 1 Dunedin Operation Review by WSP dated February 2023.

BackGround

4 The Connecting Dunedin Partners (Waka Kotahi, DCC and Otago Regional Council (ORC)) developed a Programme Business Case (PBC) for Shaping Future Dunedin Transport (SFDT), which considered options to integrate the New Dunedin Hospital with the city, to manage disruption through the New Dunedin Hospital rebuild whilst stimulating economic growth, provide safe and accessible people friendly streets, and improve city liveability. Refer Attachment A for further detail on this business case.

5 Waka Kotahi, DCC and the ORC each have a series of projects within the programme. The suite of projects (under SFDT) being delivered by DCC are:

· harbour arterial efficiency improvements

· Princes Street bus priority and corridor safety plan

· central city parking management

· central city walking and cycling improvements

· Mosgiel/ Burnside park and ride.

6 ORC is delivering enhancements to public transport and Waka Kotahi is delivering changes to the State Highway network through Dunedin City (including SH88) under the same programme.

7 The two options under consideration for the State Highway 1 network are the retention of the existing one-way (with enhancements) known as Programme 1 (P.1) and a two-way option known as Programme 2 version 3 (P.2v3).

8 The two options are differentiated by the following:

· The first option (P.1) retains the existing one-way configuration with speed limit reductions in the central city and some amenity and active mode improvements.

· The second option (P.2v3) proposes a two-way local road with amenity improvements and a 30km/hour speed limit on the existing northbound one-way (Cumberland Street) with the State Highway being consolidated on the existing south bound route (Castle Street). The 50km/hr speed limit is retained on Castle Street and parking is reduced to enable an extra traffic lane along parts of the corridor.

9 A Health Impact Assessment was commissioned by the Local Advisory Group for the New Dunedin Hospital and this showed a preference for the second option (P.2v3).

10 Waka Kotahi’s board endorsed the PBC on 25th November 2021, with the preferred programme that retained the existing one-way network (P.1) with safety and amenity improvements.

11 A report from staff on the SFDT PBC that included the Health Impact Assessment was provided at the 14 December 2021 Council meeting. At the meeting the Council resolved as follows:

Moved (Mayor Aaron Hawkins/Cr. Jim O’Malley):

That the Council:

Supports Programme 2 version 3 being advanced as the basis for future discussion noting the city’s desire for placemaking to be considered in transport infrastructure design.

Division

The Council voted by division:

For: Crs Sophie Barker, David Benson-Pope, Christine Garey, Marie Laufiso, Jim O’Malley, Steve Walker and Mayor Aaron Hawkins (7).

Against: Crs Rachel Elder, Carmen Houlahan, Mike Lord, Jules Radich and Andrew Whiley (5).

Abstained: Nil.

The division was declared CARRIED by 7 votes to 5.

Motion carried (CNL/2021/224)

Moved (Mayor Hawkins/Cr. Jim O’Malley):

That the Council:

b) Acknowledges the final programme design will evolve during discussions.

Motion carried (CNL/2021/225) with Cr Carmen Houlahan recording her vote against.

Discussion

12 In response to the resolution, DCC and Waka Kotahi jointly undertook two further pieces of work for the one-way (P.1) and the two-way (P.2v3) options on SH1. Those additional pieces of work looked at public realm assessment (Appendix B) and additional traffic modelling (Appendix C).

13 A summary of that work is as follows:

· There is an opportunity to improve the amenity of the existing one-way option (Pv.1) and to provide a balance between vehicle movements and pedestrian access. The amenity improvements could be made to both the northbound and southbound lanes and could be achieved through the reduction of parking and changing the width of the existing cycleways (through narrowing the barrier blocks in the cycleway). These amenity and pedestrian improvements can be made progressively without any significant deterioration in network performance for vehicles.

· There is an opportunity for significantly improved amenity, including tree planting and garden beds in the two-way option (P.2v3) on the existing northbound one-way (Cumberland Street) by reducing parking and a reduction in the space allocated to vehicle movement. No amenity improvements could be made on the existing south bound route (Castle Street), which would be required for vehicle movement. This option provides less network capacity and results in increased travel times. Modelling indicates that there is only capacity for approximately 85% of expected 2028 vehicle demand. This is likely to result in more vehicles switching to the Harbour Arterial and other central city roads.

14 The form and function of SH88 (St Andrew Street) is also being investigated given the relationship of this corridor to the New Dunedin Hospital. Additional work was undertaken in parallel with the work described above to assess changes to SH88 (St Andrew Street) from a traffic modelling and public realm perspective. That work is summarised as follows:

· From a public realm perspective there is an opportunity to improve SH88 (St Andrew Street) to balance vehicle movement, pedestrian access and amenity improvements resulting in improved pedestrian amenity and access to the New Dunedin Hospital. This would result in a reduction in space allocated to vehicles and reduced car parking.

· Traffic modelling indicates that reducing the space allocated to vehicles but restricting right turn movements on the SH88 does not result in any significant deterioration in network performance for vehicles.

Programme Business Case Assessments

15 The SFDT PBC multicriteria analysis scored P.1 higher in reliable journey times and technical challenge while P.2v3 scored better on outcomes for liveability, place quality, travel choice, connectivity and carbon zero.

16 The two programmes scored equally for safety and affordability. Therefore benefit-cost ratios and improved safety outcomes (e.g. reduction in death and serious injuries) are expected to be similar in both options.

17 The sensitivity and subjectivity of assessments of the multi-criteria analysis are such that the combined scores for both options are similar and there is no compelling preferred option. This outcome aligns with the many differing views that were provided by State Highway 1 users during public engagement about what the important objectives for the transport network were.

18 For option P.1, Waka Kotahi will continue to own, operate, and maintain both the northbound and southbound lanes of the state highway network. Under the P.2v3 option, Cumberland Street would become a local road and DCC would be responsible for the ongoing operation and maintenance of it.

19 P.2v3 has better alignment with the focus of Council’s Integrated Transport Strategy on travel choices, connected communities and with Council’s carbon zero 2030 commitment.

20 The function of the one-way state highway is well known to Dunedin residents. P.2v3 presents a technical challenge to transition from a one-way to two-way network, while maintaining capacity. Traffic modelling shows adverse impacts on reliable journey times through the network in the two-way configuration. It is likely that disruption to the network and a deterioration to journey times will be compounded if a transition was to occur during construction of the New Dunedin Hospital.

21 Whilst P.2v3 has better alignment to some of Council’s broader aspirations for liveability and carbon zero, there are also disruption, economic and productivity issues that need to be considered with the impact on less reliable journey times across the network.

22 If Council were to consider P.2v3 further, staff recommend that it is considered in future years, such as in the 2028/31 National Land Transport Fund cycle and DCC 10 Year Plan 2027 – 37 when construction of the New Dunedin Hospital is well advanced. Options to incorporate flexibility into the P.1 design could be considered such that the configuration of the state highway could be reconsidered in future.

23 Waka Kotahi have indicated a review of the State Highway in future National Land Transport Plans, noting that future conditions that may result in a reconsideration of the network. These future conditions could include pedestrian levels of service, safety trends, land use changes, vehicle kilometres travelled reductions and shifts in government policy.

Options

24 The SFDT PBC considered two options for the state highway network. To respond to a request from Council, further work has been done on both options. Connecting Dunedin partners are now seeking an endorsement from Council on which state highway option to progress to a single stage business case.

Option One – Council endorses progressing further work on the State Highway one-way option (P.1) (Recommended Option)

25 This option endorses working with Connecting Dunedin partners to progress the next stage of the business case process with P.1. as the preferred option. DCC staff would request that flexibility is incorporated into the design such that state highway configuration could be reconsidered in the future.

Advantages

· Progress on SH1 improvements can continue in response to the New Dunedin Hospital.

· The New Dunedin Hospital and other projects in the SFDT PBC can continue with certainty of the SH1 configuration.

· Public realm and mode opportunity can be further enhanced.

· Improved safety outcomes along the state highway can be progressed

· There is no significant deterioration in network performance for vehicles.

· There are no ongoing costs to maintain Cumberland Street, which would become a local road under P.2v3.

Disadvantages

· Investment in the one-way State Highway system may limit options to change the State Highway configuration in future if options to incorporate flexibility are not included during detailed design.

· It is not the preferred option identified by the Health Impact Assessment.

Option Two – Council endorses progressing further work on the State Highway two-way option (P.2v3)

26 This option endorses progressing further work on the State Highway two-way option (P.2v3) with Connecting Dunedin partners to the next stage of the business case process.

Advantages

· Progress on SH1 improvements can continue in response to the New Dunedin Hospital.

· The New Dunedin Hospital and other projects in the SFDT PBC can continue with certainty of the SH1 configuration.

· It is the preferred option identified by the Health Impact Assessment.

· There are significant opportunities for public realm improvements on the existing northbound one-way (Cumberland Street).

· It has better alignment with the focus of Council’s Integrated Transport Strategy on travel choices, connected communities and with Council’s carbon zero 2030 commitment.

Disadvantages

· There are no opportunities for public realm improvements on the existing southbound one-way (Castle Street).

· There is less network capacity and increased travel times for vehicles, which result in more vehicles switching to the Harbour Arterial and other central city roads.

· DCC would become responsible for the maintenance of Cumberland Street.

Next Steps

27 Staff will draft a letter to Waka Kotahi to communicate the outcome of the Council’s decision.

28 DCC staff will work with Connecting Dunedin partners to progress the business case of the state highway improvements project.

29 Updates on the SFDT PBC will be reported through the Infrastructure Services Committee.

Signatories

Author:

Nick Sargent - Transport Strategy Manager

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Shaping Future Dunedin Transport - Programme Business Case - Summary	65
⇩b	Public Realm Assessment by Jasmax	69
⇩c	SH1 Dunedin Operational Review - Executive Summary	129
⇩d	SH1 Dunedin Operational Review	141

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, 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	☐	☐	☐

Improvements to public transport, walking and cycling networks contribute to the goals of the Integrated Transport Strategy.

Māori Impact Statement

As this is a State Highway, Waka Kotahi are responsible for engagement. Mana whenua were invited to attend SFDT Panning Workshops in 2018 and 2019 and provide feedback during on the PBC in 2020.

Sustainability

Improvements to public transport, walking and cycling contribute to sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The DCC SFDT projects are included in the 10 Year Plan 2021-31

Financial considerations

If P.2v3 was progressed, Cumberland Street would become a local road and Council would be responsible for the ongoing operation and maintenance of it.

Significance

As this is a State Highway, Waka Kotahi are responsible for the network. The decision to endorse an option is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

As this is a State Highway, Waka Kotahi is responsible for external engagement.

Engagement - internal

There has been engagement with Transport and Carbon Zero teams

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The SH1 network will be of interest to many parts of the community, including those areas covered by Community Boards.

Council

27 March 2023

St Clair Groyne - Next Steps

Department: Transport and Executive Leadership Team

EXECUTIVE SUMMARY

1 At a meeting on 13 December 2022, Council considered a report on the possible costs and timeframes to reinstate the St Clair groyne. The report advised that the costs would be dependent on the consenting pathway that would be required to undertake the reinstatement work.

2 The purpose of this report is to provide an update on the consenting pathway and seek Council’s direction on how to proceed.

RECOMMENDATIONS

That the Council:

a) Decides next steps for possible reinstatement of the St Clair groyne.

BACKGROUND

3 At the 8 November 2022 Council asked for a report from staff on the cost and time frames for reinstating the St Clair groyne, potentially on a trial basis.

4 A report was presented at the Non Public Council meeting held on 13 December 2022. The report identified two possible consenting pathways, a permitted activity pathway and a discretionary/resource consent pathway; with the costs and timeframes for reinstating the St Clair groyne being dependent on the consenting pathway. At the meeting Council resolved as follows:

Moved (Mayor Jules Radich/Cr Andrew Whiley):

That the Council:

Directs staff to proceed with an application for a Certificate of Compliance for reinstatement of the St Clair groyne from the ORC and if granted proceed with re-construction in the most cost-effective manner.

Division

The Council voted by division

For: Crs Sophie Barker, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (9).

Against: Crs David Benson-Pope, Christine Garey, Marie Laufiso, Jim O'Malley and Steve Walker (5).

Abstained: Nil

The division was declared CARRIED by 9 votes to 5

Motion carried (CNL/2022/121)

DISCUSSION

5 Two consenting pathways for reinstating the St Clair groyne were identified in the 13 December 2022 report - the permitted pathway that does not require resource consent and the discretionary activity pathway requiring a resource consent.

6 Staff have had a pre-application meeting with the Otago Regional Council (ORC) to discuss the permitted pathway. At the meeting, advice was given that the permitted activity pathway is not likely to succeed. The letter from ORC confirming this position is Attachment A.

7 Staff consider that based on the advice received from ORC, it would not be prudent to proceed with a permitted activity because the legal advice received by Council (Attachment B), and the advice from ORC are consistent - that a resource consent would be required to progress this work, and that a permitted activity application would not be successful.

8 This means the option to reinstate the existing St Clair timber groyne as a permitted activity is not available. Direction is now sought on how Council wishes to proceed.

Estimated costs and timeframes to reinstate a trial St Clair groyne – resource consent pathway

9 The cost to reinstate a trial St Clair groyne through a resource consent pathway are estimated to be:

Activity	Cost
Assessment of Environmental Effects and Technical Assessments to support a Resource Consent	$100,000 - $150,000
Legal costs to support a Resource Consent (costs dependent on number of submitters, appeals, etc)	$50,000 - $200,000
Consent processing costs	$15,000 - $50,000
Construct a single groyne based on the original 1919 design drawings (costs dependent on the materials used)	$180,000 - $320,00
Total Consenting and Construction Costs	$345,000 - $720,000
Ongoing annual maintenance costs	$0 - $50,000
Ongoing annual monitoring costs	$25,000 - $60,000

10 The construction estimate above is based on the reinstatement of the original 1919 groyne design - a single row of timber piles. Staff have not costed alternative groyne designs, such as a permeable design or a groyne using different materials, such as rock or concrete.

11 The use of Pinus Radiata timber poles in lieu of Australian hardwood poles would save approximately $140,000. Ongoing operating costs are estimated to be up to $110,000 per year for maintenance inspections, repairs and ongoing monitoring.

12 The processing of a notified application is expected to take approximately six months, which does not include potential extensions as a result of further information requests, or the possibility of an appeal. A publicly notified resource consent application requires a deposit of $15,000 paid to the ORC.

13 The processing time for a non-notified consent is 20 working days, which does not include potential extensions because of further information requests.

OPTIONS

14 Staff have considered alternative pathways for Council to progress a groyne at St Clair beach.

15 Council can progress work on the construction of a trial timber groyne at St Clair beach using the resource consent pathway. Legal advice is that consenting a groyne on a trial basis is likely to have a higher chance of success compared to consenting a permanent groyne structure. The construction of a trial groyne would provide evidence of the effects of a groyne on the coast and this data would support work in the St Clair St Kilda Coastal Plan (the Plan).

16 A second option is for Council to consider a groyne of some form, alongside other management approaches, identified in the Plan. The Plan proposes an adaptive management approach to managing coastal hazards and will use technical assessments and community engagement to determine which management approaches should be deployed along the coast.

Option One - Progress the consenting and construction of a trial groyne

17 This option would see a timber groyne consented and built to a similar design in a similar location to the existing St Clair groyne at a cost of approximately $500,000.

Advantages:

· A groyne installed on a trial basis combined with an appropriate monitoring programme will provide evidence of the effects of a groyne on the coastal environment.

· Consenting and constructing a groyne on a trial basis would support an application to consent a groyne on a permanent basis if the monitoring programme demonstrates the groyne is effective.

· The final location and design of the timber groyne can be considered further during the consenting process.

· A trial groyne is a tangible example of DCC attempting to address erosion issues observed at St Clair beach.

· A trial groyne could be easily removed if necessary

· Sand may accumulate at the location of the groyne.

Disadvantages:

· Work on the St Clair-St Kilda Coastal Plan would be delayed while staff work to consent and construct a trial groyne.

· There is no budget assigned to progress a trial groyne.

· Localised erosion downstream of the groyne may occur.

Option Two – Status Quo. Continue with technical investigations of groyne/s and other coastal management options identified in the St Clair – St Kilda Coastal Plan

18 This option would see groyne/s of some form considered alongside other coastal management options identified in the Plan.

Advantages:

· The location and design of the groyne (e.g. a permeable groyne) can be considered further during the technical assessments

· Comparative technical assessments of the various coastal management options can be made to help select the most suitable option/s.

· Provides an opportunity for ongoing public engagement to discuss the technical assessments for the various coastal management options.

Disadvantages:

· The timeframe required for the various technical assessments will require the continuation of temporary measures to manage the erosion of the coast.

NEXT STEPS

19 Staff will progress the option for the St Clair groyne as directed by Council.

20 If Council decide to pursue the consenting and construction of a trial groyne, staff will update the draft Annual Plan budgets to incorporate the costs.

Signatories

Author:

Raphael Krier-Mariani - Coastal Specialist

Simon Drew - General Manager Infrastructure and Development

Authoriser:

Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇩a	ORC advice following pre-lodgement meeting	233
⇩b	Memorandum St Clair Groyne - consent requirements	236

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 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	☒	☐	☐

The decision has the potential to contribute to DCC’s Environment Strategy, Parks and Recreation Strategy, Spatial Plan and St Clair-St Kilda Coastal Plan.

Māori Impact Statement

Staff have asked for the views of Te Rūnanga o Ōtākou as mana whenua regarding reinstatement of the St Clair groyne, and were advised that in the absence of any scientific/engineering advice, mana whenua were not able to offer a formal position.

Sustainability

Implications for sustainability are dependent on the decision of Council.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The St Clair groyne reinstatement is not currently budgeted for.

Financial considerations

Reinstatement of the St Clair groyne is not currently budgeted, the expected capital cost of the project is $352,000 - $535,000 with ongoing operating costs of $110,000 per year.

This will either require additional budget or be funded from the St Clair-St Kilda Coastal Plan budget.

Significance

The decision is considered ‘of low’ in terms of Council’s Significance and Engagement Policy.

Engagement – external

There has been engagement with Otago Regional Council.

Engagement - internal

Internal engagement has been undertaken with legal and coastal staff.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

St Clair beach is of interest to the wider community including those areas covered by Community Boards.

Council

27 March 2023

Review of the Resource Management (Infringement Offences) Regulations 1999 - Submission

Department: Community and Planning

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to the Ministry for the Environment (MfE) on the Review of the Resource Management (Infringement Offences) Regulations 1999.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, on the Review of the Resource Management (Infringement Offences) Regulations 1999.

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

BACKGROUND

2 The MfE is reviewing the Resource Management (Infringement Offences) Regulations 1999 (the Regulations). The public consultation on the review of the Regulations was extended due to the impacts of Cyclone Gabrielle. Public consultation on the Regulations is open from 7 February to 31 March 2023.

3 The Regulations have not been reviewed or changed since their introduction in 1999.

4 In 2020 Parliament amended the Resource Management Act 1991 (RMA) to increase the maximum fines that can be set for infringement notices and introduce different maximum fines of $2000 for individuals and $4000 for companies. Currently, the Regulations do not include different fines for individuals and companies, and the maximum infringement fine in the current Regulations is lower than the maximum fines that are now allowed by the RMA.

5 The Regulations outline individual infringement offences for which infringement notices may be issued and their associated fines. Infringement notices are an ‘instant fine’ for environmental non-compliance that is severe enough to warrant a penalty but not severe enough to warrant prosecution.

6 The DCC in the delivery of its regulatory services may issue six of the infringement offences provided for in the Regulations:

a) Contravention of sections 9(1) and 9(2); restrictions on use of land provided by a National Environmental Standard or regional rule)

b) Contravention of sections 9(3) and 9(4); restrictions on use of land provided by district rule or RMA designation

c) Contravention of an abatement notice; excluding those provided for unreasonable noise

d) Contravention of section 22; failure to provide certain information to an enforcement officer.

e) Contravention of an excessive noise direction under section 327.

f) Contravention of an abatement notice for unreasonable noise under section 322 (1)(c).

DISCUSSION

7 Few formal regulatory enforcement actions are taken each year. Data on enforcement action is publicly available. Five years of infringement notices are available below:

Year:	Section 9 (land use) Infringement notices issued	Noise control infringement notices issued
2020/21	4	0
2019/20	3	0
2018/19	1	0
2017/18	2	2
2016/17	1	0

8 The DCC supports the proposal to increase infringement fines to ensure they are an appropriate deterrent to non-compliant behaviour. However, the DCC requests MfE conduct a more detailed analysis of the drivers of different non-compliant behaviour.

9 The DCC is concerned that, by increasing all infringement fines proportionally, an opportunity is being missed to better target fine amounts.

10 Noise control officers are generally unable to issue infringement notices due to not being able to attain the name of offenders. There are very few noise control infringement notices issued across New Zealand. The draft DCC submission recommends that MfE review noise control infringement fines to ensure they are still fit for purpose as a regulatory tool.

OPTIONS

Option One – Recommended Option – Approve the DCC submission on the Review of the Resource Management (Infringement Notices) Regulations 1999

11 Approve the draft DCC submission, with any amendments, on the Review of the Resource Management (Infringement Notices) Regulations 1999.

Advantages

· Opportunity to advocate for increased infringement fines for those not complying with resource management regulation.

· Opportunity to advocate for a better functioning resource management regulatory system.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not approve the DCC submission on the Review of the Resource Management (Infringement Notices) Regulations 1999

12 Do not approve the draft DCC submission on the Review of the Resource Management (Infringement Notices) Regulations 1999.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to advocate for increased infringement fines for those not complying with resource management regulation.

· Missed opportunity to advocate for a better functioning resource management regulatory system.

NEXT STEPS

13 If the Council approves the submission, staff will send it to the Ministry for the Environment for its consideration.

14 Staff will publish the submission on the Dunedin City Council’s website.

Signatories

Author:	Alan Worthington - Resource Consents Manager
Authoriser:	Paul Henderson - Building Services Manager

Attachments

	Title	Page
⇩a	Draft DCC submission to the Review of the Resource Management (Infringement Offences) Regulations 1999	250
⇩b	Ministry for the Environment Consultation Document on Review of Resource Management (Infringement Offences) Regulations 1999	252

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 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 aligns with:

· the Parks and Recreation Strategy’s goal of our ecosystems and biodiversity are understood, protected and restored

· Te Ao Tūroa the Environment Strategy’s objective of Impact positively on the global environment.

· The Social Wellbeing Strategy’s strategic direction healthy and safe people

Māori Impact Statement

The second article of the Treaty of Waitangi guarantees Māori full and undisturbed possession of their land. Active protection of the natural environment and its mana may help the Crown more effectively meet its obligations under the Treaty of Waitangi.

Non-compliance with land use restrictions and other resource management regulation can have harmful impacts to the mana of fresh water and the natural environment. A better functioning infringement notices system should act as a deterrent to behaviour that harms the mana of the natural environment.

Sustainability

Non-compliance with land use restrictions and other resource management regulation can have harmful impacts to the sustainability of the natural environment. A better functioning infringement notices system should protect the sustainability of the natural environment.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known implications to these documents.

Financial considerations

There are no known financial implications.

Significance

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

Engagement – external

No external engagement has taken place.

Engagement - internal

This submission was drafted by the Corporate Policy Team in consultation with Customer and Regulatory Services.

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

27 March 2023

Proposed Interim Speed Management Plan - Report from Hearing Committee

Department: Civic

EXECUTIVE SUMMARY

1 Public consultation on the draft Interim Speed Management Plan took place between 14 November 2022 and December 2022 and the Committee also considered this feedback at the hearings on the 17 March 2023.

2 This report presents the draft Dunedin Interim Speed Management Plan as recommended by the Hearings Committee (the Committee) at deliberations on Friday 17 March 2023. A public hearing was also held on the same day to consider feedback on the plan.

3 The Committee recommended some changes to the draft Interim Speed Management Plan which were exclusively around the extent of the speed limits, and not the speed limits around schools.

4 The draft Interim Speed Management Plan was consulted on in accordance with section 82 of the Local Government Act 2002 and section 12.17 of the new Land Transport Rule: Setting of Speed Limits 2022 (the Rule).

5 The draft Interim Speed Management Plan complies with the requirements of the Rule, which came into effect on 19 May 2022.

RECOMMENDATIONS

That the Council:

a) Approves the Dunedin Interim Speed Management Plan, as recommended by the Hearings Committee.

b) Authorises the Chief Executive to make any minor editorial changes to the Draft Interim Speed Management Plan if required.

c) Notes that if approved by Council, the Interim Speed Management Plan will be submitted to the Director of Land Transport for certification.

d) Notes Speed limits will come into effect when submitted into the National Speed Limit Register.

BACKGROUND

Setting of Speed Limits Rule 2022

6 The new Rule came into effect on 19 May 2022. The Rule changed the process for the setting of speed limits by Road Controlling Authorities (RCAs) such as the Dunedin City Council (DCC) and the New Zealand Transport Agency (Waka Kotahi).

7 The Rule sets out the statutory process for a Speed Management Plan, which requires a draft version to be published for public consultation with the final version to be submitted to the Director of Land Transport for certification.

8 The DCC is required to produce an Interim Speed Management Plan to enable the speed limit changes around schools to be completed. Staff will draft a full Speed Management for public consultation in mid-2023.

9 The Rule removed the ability for speed limits to be made under a bylaw. Subsequently, this made Speed Limit Bylaws redundant and the DCC bylaw was formally revoked at the 8 November 2022 Council meeting. At the same Council meeting the draft Dunedin Interim Speed Management Plan was approved. The resolution below summarises the revoking of the Role and the approval of the Interim Speed Management Plan for consultation.

Moved (Cr David Benson-Pope/Cr Bill Acklin):

That the Council:

a) Revokes the Dunedin City Council Speed Limit Bylaw 2004.

b) Approves the draft Dunedin Interim Speed Management Plan, for consultation from 14 November to 9 December 2022.

c) Authorises the Chief Executive to make any minor editorial changes to the draft Interim Speed Management Plan if required.

Motion carried (CNL/2022/087)

Draft Dunedin Interim Speed Management Plan Consultation

10 In August 2022, prior to public consultation, affected schools were asked to provide feedback The responses received fed into the development of the draft Interim SMP that was released for public consultation, this feedback is included in Attachment A.

11 The draft Interim Speed Management Plan, as consulted on, can be found online here. It was published on the DCC website for consultation from 14 November and 13 December 2022.

12 Waka Kotahi also prepared and consulted on an Interim State Highway Speed Management Plan between November and December 2022.

13 There are 71 Schools within the Dunedin city boundary, 68 of those schools are covered by the draft Interim Speed Management Plan. That is 95% of all schools in the Dunedin city boundary. One school (St Peter Chanel School) has an existing speed limit of 30km/h. The remainder of schools are on State Highways and are covered by Waka Kotahi’s Interim SMP.

14 Not all schools listed in the Interim Speed management Plan will have speed management interventions completed immediately, but the DCC will meet the requirements to have 40% of the schools completed by June 2024. This is a nationwide requirement from Waka Kotahi.

15 Where possible, the draft Interim Speed Management Plan has incorporated outstanding speed management activities, namely the George Street slow speed zone and requests from the community before, after, and during the Speed Limit Bylaw Amendment 11 in 2021 (only where they are near to, or outside a school).

DISCUSSION

Results of consultation

16 A summary of the submissions received both through public consultation and from Schools (by school/zone) is included in Attachment B. The feedback is summarised below:

a) 188 submissions were received in total.

b) 9% of those submissions were received from Schools (Board of Trustees/Principals).

c) Over 60% of the submitters supported the proposed 30km/hr around schools changes.

d) 19% of submitters requested the proposed school zone be extended to include key walking and cycling routes and early childhood centres. 10% of submissions from schools requested the proposed school zone be reduced to ensure better compliance.

e) 10% of submitters requested an opportunity to present, 11% of those submitters were Schools.

17 The majority of submitters who responded to the questions about the zones supported the proposals to reduce the speed limit in the areas identified, in addition to the proposed school changes.

Hearings Committee (the Committee)

18 The Committee met on 17 March 2023 to deliberate on all of the submissions received. Of the 10% (18) submitters who requested an opportunity to present, 66% (12) were available.

19 The Committee considered the matters raised by submitters and recommended amendments to 23 of the proposed zones. The recommended amendments are listed in the minutes from the Committee, included as Attachment C.

20 The draft Interim Speed Management speed zones, as recommended by the Committee, are shown in this map.

Options

21 There are two options presented in this report, the first is to approve the draft Interim Speed Management Plan (as recommended by the Committee), the second is not to approve the plan.

Option One – Approve the draft Dunedin Interim Speed Management Plan (Recommended Option).

22 Option One is to approve the draft Dunedin Interim Speed Management Plan, as recommended by the Committee. The draft Dunedin Interim Speed Management Plan includes revisions based on the submissions received through the public consultation and is recommended by the Committee.

Advantages

· Speed in affected areas will be reduced which will improve safety for all road users and provide a safer environment where there are high numbers of vulnerable road users.

· Lower speed limits reduce the likelihood of death or serious injury.

· Dunedin City Council will meet the requirement in the Rule to reduce speed limits around 40% of schools by 30 June 2024, and all schools by 2027.

· Dunedin City Council will be contributing to the Road to Zero (Road Safety Strategy 2020 – 2030 goal of reducing Deaths and Serious Injuries on our roads by 40%) and will be actively working to reduce road trauma throughout the city.

Disadvantages

· There are no known disadvantages.

Option Two – Do not approve the Interim Speed Management Plan.

23 Under this option, no interim Speed Management Plan will be approved and staff will begin development of the full Speed Management Plan (due for consultation mid-2023).

Advantages

· There are no known advantages.

Disadvantages

· Does not help to improve safety of all road users in the areas that have been identified as being at risk.

· Dunedin City Council will meet not the requirement in the Rule to reduce speed limits around 40% of schools by 30 June 2024, and all schools by 2027.

· The ability to contribute to Road to Zero around schools will be less than that envisaged under Option One.

NEXT STEPS

24 If approved, the Dunedin Interim Speed Management Plan will be submitted to the Director of Land Transport for certification and to be incorporated into the National Speed Limit Register.

25 Staff will publicise the changes in the speed limits and make the necessary changes in signage.

Signatories

Author:	Jim O'Malley - Chairperson, Hearings Committee
Authoriser:	Jim O'Malley - Chairperson, Hearings Committee

Attachments

	Title	Page
⇩a	School Feedback August 2022	280
⇩b	Summary of Submissions by school/zone	290
⇩c	Hearings Committee Minutes 17 March 2023	300

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision 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	☐	☐	☒

Ensuring Dunedin is a safe city is prioritised in the Social Wellbeing Strategy, Spatial Plan and Long-Term Plan as well as the Integrated Transport Strategy. Safer speeds is one of four pillars under the Road to Zero strategy to contribute to reducing the number of fatal and serious injury crashes occurring on Dunedin’s road network.

Māori Impact Statement

Consideration for reducing speed limits to protect and improve safety for those more vulnerable to road trauma will improve road safety outcomes for all of society, particularly for Māori (He pūrongo whakahaumaru huarahi mō ngā iwi Māori – Māori road safety outcomes report 2021).

Sustainability

Improving safety for students will have a positive impact on sustainability as it will encourage more people to walk and cycle instead of being driven, therefore reducing carbon emissions.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There is no impact on the 10-year plan or Annual Plan.

Financial considerations

Costs associated with speed limit changes are funded through the Low Cost / Low Risk safety improvement programme.

Significance

The proposed speed limit changes are considered to be of low significance in terms of the Council’s Significance and Engagement Policy. Consultation was undertaken in accordance with section 82 of the The Local Government Act 2002.

Engagement – external

Affected schools were specifically asked for feedback, public consultation took place and staff worked with Police and Waka Kotahi through the development of the Interim Speed Management Plan.

In addition, University of Otago, Community Boards, CCS Disability Action, Ministry of Education, Te Whatu Ora Southern, Disabled Persons Assembly, Dunedin Ratepayers and Householders Association, City Rise and Transition Valley 473 have given feedback.

Engagement - internal

Staff and managers from Transport, Council Communications and Marketing and Legal Services, have been involved in the drafting of the Interim Speed Management Plan.

Risks: Legal / Health and Safety etc.

The proposed speed limit changes are intended to reduce risk by reducing speed to fit the road environment.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

All of the Community Boards were invited to participate in the consultation process where speed limit changes were proposed within their areas. Feedback was received from Otago Peninsula, Waikouaiti Coast and West Harbour Community Boards.

Council

27 March 2023

Approval to grant stormwater easement to Aurora Energy Ltd - Kane Street Local Purpose Reserve (Esplanade)

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 This report discusses an application by Aurora Energy Limited (Aurora) for the grant of a stormwater easement over part of the Kane Street Local Purpose Reserve (Esplanade) (the Reserve) located at the rear of Aurora’s Green Island substation.

2 The easement is to allow the installation of a new stormwater pipe from its Green Island substation site, and associated streambank protection, on part of the Kane Street Local Purpose Reserve (Esplanade) to drain into the adjacent Kaikorai Stream. This work is associated with an upgrade of the substation site and transmission services from the substation.

3 This report asks Council to make two decisions:

a) Firstly, a decision as the administering body of the Kane Street Local Purpose Reserve (Esplanade) to grant a stormwater pipeline easement; and

b) Secondly, a decision to exercise the Minister of Conservation's delegation.

RECOMMENDATIONS

That the Council:

a) Grants, as administering body of the Kane Street Local Purpose Reserve (Esplanade), pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of a stormwater pipe and associated streambank protection over part of the Kane Street Local Purpose Reserve (Esplanade) (part Record of Title 561979).

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

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the installation of a stormwater pipe and associated streambank protection over part of Kane Street Local Purpose Reserve (Esplanade) (part Record of Title 561979).

BACKGROUND

4 Aurora has its Green Island substation at 12 Boomer Street, Green Island, Dunedin. The land this facility is on adjoins the Kane Street Local Purpose Reserve (Esplanade) at its rear boundary. The Reserve provides a streamside buffer to the Kaikorai Stream from privately owned land, on both sides of the stream in this location.

5 Over the last six to 12 months Aurora has been clearing the substation land and moving out unauthorised occupations by neighbouring businesses, some of which had been located on the Reserve. This has been in readiness for a planned upgrade of the substation, including undergrounding of overhead power lines exiting the substation facility.

6 Aurora has existing easements in place on the Reserve for the overhead power lines (shown Area A on DP 432938) as well as for stormwater discharge (Areas H and I on DP 432938) over the Reserve (Attachment A).

7 The overhead lines have now been removed. However, given site constraints and separation distances for the high voltage underground cables, Aurora has found it is unable to use the existing stormwater easements (H and I). Accordingly, Aurora is seeking a new stormwater pipeline easement to accommodate a proposed 375 mm stormwater pipe.

8 The proposal involves the new stormwater pipe following the most direct underground route from the substation and then through the Reserve to drain into Kaikorai Stream. The pipe will end at a wingwall structure designed to support the streambank and the pipe. The stormwater discharge will be onto rip-rap rock or gabion baskets to prevent erosion. The work is planned for July/August 2023 (Attachment B).

9 Aurora is proposing that as part of the new easement arrangement, if approved, it would also surrender easements it holds for Areas A, H and I on DP 432938, which are no longer required.

10 Aurora has confirmed that as this proposal is being driven by Aurora, it will meet all costs associated with installation of the stormwater pipeline and associated streambank protection works, as well as all survey, legal, LINZ and related costs to register the new easement and to surrender the three easements for Areas A, H and I on DP 432938.

11 An aerial photo and site photos showing the location of the proposed stormwater easement are attached as Attachments C and D.

DISCUSSION

Land Status

12 Kane Street Local Purpose Reserve (Esplanade) is owned by Dunedin City Council and is contained in Record of Title 561979. It is a Reserve subject to the Reserves Act 1977, as specified in the definition in that Act.

13 The land is described as being Local Purpose Reserve (Esplanade) and is held and managed as subject to the Reserves Act 1977.

Council as the owner and as the administering body

14 The Council, in its capacity as administering body of Kane Street Local Purpose Reserve (Esplanade), has the responsibility for ensuring compliance in terms of the Reserves Act 1977 and for considering the merits of the proposal to grant easements.

15 Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements over reserves. Section 48(1) specifically allows for stormwater easements on reserves.

The Reserves Act 1977

16 Section 48(2) requires public notification of the intention to grant an easement unless it can be demonstrated that:

(a) The Kane Street Local Purpose Reserve (Esplanade) is owned by the Council and is not likely to be materially altered or permanently damaged; and

(b) The rights of the public in respect of Kane Street Local Purpose Reserve (Esplanade) are not likely to be permanently affected by the establishment and lawful exercise of the easement.

17 Given that the easement is for an underground stormwater pipe which will drain into the Kaikorai Stream, Kane Street Local Purpose Reserve (Esplanade) is not likely to be materially altered or permanently damaged and the rights of the public in respect of Kane Street Local Purpose Reserve (Esplanade) are not likely to be permanently affected by the establishment and lawful exercise of the easement.

Reserves Management Plan

18 The Reserves Management Plan – General Policies document ("General Policies") covers all basic issues of the day-to-day administration of reserves in Dunedin.

19 Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity as its primary purpose is in support of a public benefit.

Merits of the proposed easement

20 As discussed above, the short length of underground stormwater pipe and associated streambank protection on the Reserve will have minor effects and may enhance streambank stability in this location, improving the community benefits.

Standard Easement terms and conditions

21 The proposed key elements of this easement include:

Statute Section 48 of the Reserves Act 1977

Grantee Aurora Energy Limited

Reserve Kane Street Local Purpose Reserve (Esplanade)

Description Lot 12 Deposited Plan 432938 held in Record of title 561979

Purpose The right to install stormwater pipeline and associated streambank protection

Term In perpetuity

Rental Nil

22 The terms and conditions of the easement are to be finalised by the Council's solicitors. As a first step, an Agreement to Grant an Easement will be prepared by Council's solicitors which will include the following conditions:

a) Aurora will meet all costs associated with installation of the stormwater pipeline and associated streambank protection works, as well as all survey, legal, LINZ and related costs to register the new easement and to surrender the three easements for Areas A, H and I on DP 432938;

b) All physical works must be carried out in consultation with Council's Parks and Recreation staff; and

c) Aurora will be responsible for obtaining all necessary consents, including any resource consents required from the Otago Regional Council.

23 An easement will be registered against Council's title once the pipeline has been installed and the alignment surveyed.

Council as the Minister of Conservation's delegate

24 The Minister of Conservation, under a delegation dated 12 June 2013, has delegated to the Council the authority to approve easements over reserves where the activity is either contemplated in an approved management plan or the activity is an existing use, and the effects of the use will be the same or similar in character, intensity and scale. Here, the activity is an existing use, and the effects will be the same or similar in character, intensity and scale.

25 The Council, in its capacity as the Minister of Conservation's delegate, has the supervisory role in ensuring that the decision on whether or not to grant the easement over part of the Kane Street Local Purpose Reserve (Esplanade) has been arrived at in compliance with the requirements of the Reserves Act 1977.

26 In particular, the Council as the Minister's delegate, needs to be satisfied that:

· the status of the land has been correctly identified;

· there is statutory power to grant the easement;

· the necessary statutory processes have been followed;

· the easement has been appropriately considered; and

· the decision is a reasonable one.

27 The Kane Street Local Purpose Reserve (Esplanade) is owned by Council in fee simple and is held and managed as a local purpose (esplanade) reserve subject to the Reserves Act 1977. This is recorded on the Record of Title 561979. Section 48 of the Reserves Act 1977 provides the statutory authority to grant an easement over this Reserve. The statutory processes have been followed with full consideration given to whether public notification is required.

28 The functions and purposes of Kane Street Local Purpose Reserve (Esplanade) are unlikely to be affected by legalising the proposed stormwater pipeline easement, given its present undeveloped state. The decision is a reasonable one considering the facts outlined in this report.

OPTIONS

29 The two key options are to grant the easement or the status quo (i.e, to decline to grant an easement).

Option One – Recommended Option – Grant the Easement

30 That the Council:

a) Grants, as administering body of Kane Street Local Purpose Reserve (Esplanade), pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the installation of a stormwater pipeline and associated streambank protection over part of Kane Street Local Purpose Reserve (Esplanade) (Record of Title 561979).

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

c) Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the installation of a stormwater pipeline and associated streambank protection over part of Kane Street Local Purpose Reserve (Esplanade) (Record of Title 561979).

Advantages

· The new stormwater pipeline and associated streambank protection will ensure the security of the Aurora Green Island substation in times of rain which may have the potential to affect the substation operation. This will avoid disruption of power supply to the wider community.

· The extent of work within the Reserve is minimal and unlikely to permanently affect the land or the public's usage.

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

Disadvantages

· The installation of an underground stormwater pipeline, and the associated streambank protection, over a small section of Kane Street Local Purpose Reserve (Esplanade) may cause some short duration disruption to power users. Aurora will be required to keep any disruption to a minimum.

Option Two – Status Quo

31 Do not consent to the grant of a stormwater pipeline easement over part of the Kane Street Local Purpose Reserve (Esplanade) in favour of Aurora Energy Limited.

Advantages

· No advantages have been identified.

Disadvantages

· Prevents the stormwater pipe being installed and could have an effect on the operation of the Aurora Green Island substation.

· There may need to be another solution found for stormwater discharge, which may not be as direct and suitable and may impact on the wider community.

NEXT STEPS

32 If the Council consents to the grant of a stormwater pipeline easement and is satisfied the legislative requirements are met, it is proposed that an Agreement to Grant Stormwater Easement be prepared and executed, to allow the work to proceed without delay.

Signatories

Author:	Owen Graham - Senior Leasing and Land Advisor
Authoriser:	Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Extract from DP 432938 showing approx. location for Aurora SW pipe	314
⇩b	Plan showing Aurora SW pipeline_Esplanade Reserve and Kaikorai Stream	315
⇩c	Aerial Photo of approx. location for proposed stormwater pipe over Esplanade Reserve	316
⇩d	Photos showing location for proposed Aurora Energy stormwater pipe	317

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing security for power network utility infrastructure to ensure continuity of power supply for the community and is considered essential work.

This decision supports the economic, environmental, social and physical 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 undergrounding of the stormwater pipe provides security to the substation and through design measures and Agreement conditions will minimise the potential for ecological impact on the values of the Kaikorai Stream.

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 integration between freshwater management and land use. Managing streambank erosion and ensuring only stormwater is discharged to Kaikorai Stream will help to avoid adverse effects (including cumulative effects) on the health and well-being of the freshwater environment and well-being of people.

Sustainability

This easement will locate stormwater discharge away from existing underground high voltage cables which will ensure continuity of power supply is not disrupted. The proposal contributes to economic sustainability, environmental and social and physical well-being.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The installation of the stormwater pipeline and associated streambank protection is part of utility works associated with upgrading at the Aurora Green Island substation.

Financial considerations

Aurora Energy will meet all costs of installation, survey and LINZ costs, preparation and execution of new easement documentation and documentation for surrender of three redundant easements. On-going maintenance/repair responsibility rests with Aurora.

Significance

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

Engagement – external

Discussions with Aurora Energy Limited.

Engagement - internal

Parks and Recreation Senior Leasing and Land Advisor. The Council’s Chief In-House Legal Counsel has provided advice in relation to the Reserves Act requirements and Council’s Manager – Māori Partnerships.

Risks: Legal / Health and Safety etc.

There are no material risks associated with the decisions.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The Kane Street Local Purpose Reserve (Esplanade) is not located within a Community Board area.

Council

27 March 2023

New Zealand Masters Games Deed of Variation

Department: Community and Planning

EXECUTIVE SUMMARY

1 The Dunedin (New Zealand) Masters Games Trust (DNZMGT) has completed a review of the Trust Deed. This was in response to a request from Council on 31 May 2022 to consider certain matters and to ensure the Deed is in line with current legislative requirements.

2 The Trust seeks the Council’s consent to any variations to the Trust Deed. The purpose of this report is to seek approval of the Trust Deed Variation.

RECOMMENDATIONS

That the Council:

a) Approves the Deed of Variation to the Trust Deed for the Dunedin (New Zealand) Masters Games Trust.

BACKGROUND

3 The New Zealand Masters Games is owned by New Zealand Masters Games Limited, and the Dunedin City Council is one of two franchisees.

4 The Dunedin City Council established the Dunedin (New Zealand) Masters Games Trust in 2007 to manage the planning and delivery of the biennial New Zealand Masters Games, and to ensure the Masters Games meet their charitable intent. The original Trust Deed was executed on 23 April 2007 and varied by Deeds dated 12 July 2007 and 28 September 2011. No changes have been made since then.

5 At a meeting on 31 May 2022 Councillors raised questions concerning the Trust Deed. Staff requested the Trust review the Trust Deed considering these matters: the length of term, remuneration, the appointment process and the number of trustees.

DISCUSSION

6 The Trust considered these matters and felt existing clauses and processes were adequate.

a) The Trust did not want to renumeration trustees as this would be an additional cost to the event.

b) The Trust noted the Deed states there will be not less than three (3) Trustees nor more than ten (10) Trustees. The Trust were comfortable with this clause.

c) There is an existing clause in the Trust Deed that the Trust wish to retain regarding length of term:

6.5 On each second anniversary of the execution of this Deed, at least one third of the Trustees (or such proportion of trustees as is as close to one third as the number of Trustees allow – e.g. one quarter if four trustees, one fifth if five trustees and so on) shall retire by rotation but shall remain eligible for re-appointment.

d) Any vacant appointments to the Trust Board will be advertised and circulated through stakeholders.

7 During its consideration of the above matters, The Dunedin (New Zealand) Masters Games Trust instructed Anderson Lloyd to review the Trust Deed, to ensure the Trust Deed is in line with the Trusts Act 2019 and to highlight other variations required.

8 A copy of the proposed Deed of Variation is attached as Attachment A. A copy of the full Trust Deed is attached as Attachment B. The Trust is seeking the Council’s approval of the proposed Trust Deed Variation.

9 With the introduction of the Trusts Act 2019 the following variations are required to ensure the Deed is in line with legislative requirements.

a) The terminology 'Advisory Trustee' has been removed and replaced with the power to appoint special trust advisers and new provisions for the appointment of custodian trustees. Accordingly, clauses 6.6 and 6.7 of the Trust Deed are to be amended.

b) Clause 6.8d has been deleted as legislation governing indictable offences has now been repealed. The description in clause 6.8g (becomes disqualified to be an officer of a charity under the Charities Act 2005) is sufficient to cover what was intended in clause 6.8d.

c) Clause 6.10 has been updated to reflect the Charities Commission to Charities Services (new name) and includes that the Trustees will notify both Charities Services and the Registrar of Incorporated Societies (who maintains the charitable trusts register in accordance with the Charitable Trusts Act 1957) of changes.

d) Clause 8.3 has been deleted and new provisions included in clauses 8.3, 8.5-8.7 to cover trustee indemnity, limitation of liability, no obligation to take proceedings against a co-trustee and reimbursement for expenses incurred by the Trustees on behalf of the trust.

10 A new clause 5.3 has been added:

5.3 The Board is and will continue to be registered as a charitable entity under the Charities Act 2005, and while so registered, the trustees and the Board will comply with the requirements of that Act.

11 Clause 6.11 has been changed to reflect the Trust has the right of three appointments on the New Zealand Masters Games Limited’s board of directors, previously this was two.

12 New clauses 20 (mandatory duties) and 21 (default duties) to the Trust Deed have been included, as below:

20. Mandatory Duties of the Board and Trustees

The Trustees must:

(a) know the terms of the Trust;

(b) act in accordance with the Terms of the Trust;

(c) act honestly and in good faith;

(d) hold and deal with the assets of the Trust, and otherwise act, for the benefit of the purposes recorded in clause, in accordance with the terms of the Trust; and

(e) exercise their powers for a proper purpose.

21. Default Duties

The default duties for Trustees under the Trusts Act 2019 are deemed to be modified by the terms of the Trust Deed and, in particular:

(a) the duty to invest prudently;

(b) the duty not to profit;

(c) the duty to act for no reward;

(d) the duty to act unanimously;

(e) the duty to avoid conflict of interest.

13 The provision regarding the default duties is to acknowledge that the listed duties have been modified by the terms of the Trust Deed (otherwise the default duties in the Trusts Act 2019 would apply).

OPTIONS

Option One – Recommended Option

14 The Council approves the Deed of Variation to the Trust Deed for the Dunedin (New Zealand) Masters Games Trust.

Advantages

· The Dunedin (New Zealand) Masters Games Trust is meeting the legislative requirements of the Trusts Act 2019

· There are clear guidelines of responsibility for the Directors.

Disadvantages

· There are no identified disadvantages to the Council.

Option Two – Status Quo

15 The Council does not approve the Deed of Variation to the Trust Deed for the Dunedin (New Zealand) Masters Games Trust.

Advantages

· No advantages have been identified.

Disadvantages

· The Dunedin (New Zealand) Masters Games Trust will be operating under a Trust Deed that is not meeting legislative requirements of the current act.

NEXT STEPS

16 If the Council approves the recommendation, the Deed of Variation will be signed and adopted.

Signatories

Author:

Vicki Kestila - Master Games Manager

Authoriser:

Dan Hendra - Team Leader - Events

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	DNZMGT - Proposed Deed of Variation 2023	324
⇩b	DNZMG - Trust Deed	330

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 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	☒	☐	☐

The New Zealand Masters Games contributes to three of the Council's defined strategies and the vision Dunedin is one of the world’s great small cities. It also fits within the outcomes of the Festivals and Events Plan 2018 – 2023.

Māori Impact Statement

As of 30 August 2022 Katrina Bryant was appointed to the Trust as a mana whenua representative for both Kāti Huirapa Rūnaka ki Puketeraki and Te Rūnanga o Ōtākou. Ms Bryant’s appointment keeps the Trust connected with local iwi and provides a path for wider mana whenua input.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The funding for Masters Games is included within the 10 Year Plan and Annual Plan.

Financial considerations

There is no financial considerations to the Council in supporting the recommended option.

Significance

The decision in this report is assessed as low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There have been discussions with the Trust and its solicitor.

Engagement - internal

There has been internal engagement with Council’s In-House Legal Team.

Risks: Legal / Health and Safety etc.

If the Deed of Variation is not approved the Trust will not have a Trust Deed that is in line with legislative requirements.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no known implications for Community Boards.

Council

27 March 2023

Proposed Event Road Closures for April - May 2023

Department: Transport

EXECUTIVE SUMMARY

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

a) City Activation Rod Stewart

b) FIFA 100 days to go

c) Hyde Street Party

d) May Graduation Parades

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) City Activation Rod Stewart

Dates and Times:

Wednesday 5 April 2023, from 7.00am to Thursday 6 April 2023, 5.00am.

1 Roads:
Lower Octagon and Lower Stuart Street, from the Octagon to Moray Place.

ii) FIFA 100 days to go

Date and Time:

Tuesday 11 April 2023, from 10.30am to 11.30am.

Roads:

Baldwin Street, from North Road to Buchanan Street.

Buchanan Street (entire Street).

iii) Hyde Street Party

Dates and Times:

Friday 28 April 2023, from 5.30am to Sunday 30 April 2023, 12.00noon.

Roads:

Hyde Street, between Albany Street and Frederick Street.

Dates and Times:

Saturday 29 April 2023, from 5.00am to 8.30pm.

Roads:

Albany Street, between Leith Street and Clyde Street.

iv) May Graduation Parades

Dates:

Saturday 13 May 2023 and Saturday 20 May 2023.

Roads and Times:

From 11.00am to 11.30am.

Moray Place, between Lower Stuart and Burlington Streets.

From 11.10am to 12.30pm.

Moray Place, between George and Upper Stuart Streets.

From 11.20am to 11.45am. (Parade Route).

Moray Place, between Burlington and Princes Streets.

Princes Street, between Moray Place and the Octagon.

Octagon Central Carriageway.

George Street, between Octagon and Moray Place.

Roads will be reopened as the Parade clears.

BACKGROUND

3 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.

7 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.

DISCUSSION

Consultation and Notification

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

9 On Saturday 18 February 2023 and Wednesday 22 February 2023, the proposed temporary road closures were advertised in the Otago Daily Times (Attachments B and C) with a deadline for feedback.

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 Most of these events have been held in prior years without causing unreasonable delays to the travelling public.

13 Emergency Services and Public transport services will be managed through the temporary traffic management process.

14 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

15 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

16 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

17 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

18 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:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Local Government Act 1974, Schedule 10	355
⇩b	ODT - 18 February 2023	360
⇩c	ODT - 22 February 2023	361

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, the decision is a regulatory one and there are no direct costs to Council.

Financial considerations

There are no financial implications. The cost of the proposed road closures is not a cost to Council.

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 events 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

27 March 2023

Naming of a legal road and a private way

Department: Transport

EXECUTIVE SUMMARY

1 This report seeks the approval of road names for a private way and a legal road in the Mosgiel-Taieri area.

RECOMMENDATIONS

That the Council:

a) Approves the naming of the legal road located at 157 Dukes Road North as ‘Enterprise Place’.

b) Approves the naming of the private way located at 219 Gladstone Road North as ‘Magnolia Lane’.

BACKGROUND

2 The DCC Road Naming Policy provides the framework for timely and consistent naming of roads that reflect the identity of the local community. For reference, the DCC Road Naming Policy and Procedure can be accessed on the DCC website at www.dunedin.govt.nz/road-naming.

3 A ‘legal road’ is any road legally vested in the council for the purpose of a road.

4 A ‘private way’ is a privately owned driveway, lane, or access way which serves as access from private properties to a public road.

5 The Road Naming Policy requires staff to consult with Community Boards where road names are proposed for Community Board areas.

6 Both subdivisions located at 157 Dukes Road North and 219 Gladstone Road North, are located in the Mosgiel-Taieri Community Board area. The Community Board has been consulted at their 22 February 2023 Community Board meeting where the following recommendations were noted:

· The Mosgiel-Taieri Community Board supports ‘Enterprise Place’ as the preferred name or ‘Venture Place’ as the alternative name for the subdivision at 157 Dukes Road North.

· The Mosgiel-Taieri Community Board supports ‘Magnolia Lane’ as the preferred name or ‘Brennan Lane’ as the alternative name for the subdivision at 219 Gladstone Road North.

DISCUSSION

7 The table presented below provides a summary of the road names proposed for this subdivision. Additional details including a full assessment for each proposed road name and a map of the new private way are provided in Attachments A to F.

8 It should be noted that the Road Naming Policy places less weight on the appropriateness criteria with respect to private ways.

Development details

Location of road

Proposed road name

Alternative road name

Recommended road name

157 Dukes Road North

New legal road off Dukes Road North

Enterprise Place

Venture Place

Enterprise Place

219 Gladstone Road North

New private way off Gladstone Road North

Magnolia Lane

Brennan Lane

Magnolia Lane

New legal road, 157 Dukes Road North

9 The developer has proposed ‘Enterprise Place’ as the preferred option and ‘Venture Place’ as the alternative option as potential names for the new legal road to be named coming off Dukes Road North.

10 Both names have been chosen for a new legal road that will service a new industrial development. The name was inspired by the significant growth in business and industrial activity that the area has seen.

11 Both names proposed comply with the appropriateness criteria of the Road Naming Policy.

New private way, 219 Gladstone Road North

12 The developer has proposed ‘Magnolia Lane’ as the preferred option and ‘Brennan Lane’ as the alternative option as potential names for the private way to be named coming off Gladstone Road North.

13 The preferred name ‘Magnolia Lane’ has geographical significance as it features an access way that is lined with generally well-established magnolia trees. The developers’ intention is to continue with this theme.

14 The alternative name ‘Brennan Lane’ has been chosen from the Road Name Register and refers to the Brennan Family of Upper Junction that lost four sons in World War I: Adolphus (Wellington, 1915), William (Somme, 1916), John (Ypres 1917) and Richard (Le Cateau 1918).

15 Both names proposed comply with the appropriateness criteria of the Road Naming Policy.

OPTIONS

Option One – Recommended Option - The Council approves the preferred options proposed as ‘Enterprise Place’ for the road to be named at 157 Dukes Road North and as ‘Magnolia Lane’ for the new private way to be named at 219 Gladstone Road North.

Advantages

· The road will be named, and landowners gain a street address allowing them to progress with building and access to services.

Disadvantages

· There are no significant disadvantages identified with this option.

Option Two – Alternative Option - The Council approves the alternative options proposed as ‘Venture Place’, for the road to be named at 157 Dukes Road North and as ‘Brennan Lane’ for the new private way to be named at 219 Gladstone Road North.

Advantages

· The road will be named, and landowners gain a street address allowing them to progress with building and access to services.

Disadvantages

· There are no significant disadvantages identified with this option.

Option Three – Status Quo - The Council rejects the proposed names.

Advantages

· There are no advantages identified with this option.

Disadvantages

· The roads will not have a name until a new option is presented and this will inconvenience new or potential new property owners within the subdivision.

NEXT STEPS

16 If the new road names are approved, staff will process the required documentation and advise the developer and Land Information New Zealand of the new road names.

Signatories

Author:

Paula Barragan - Policy Analyst - Transport Regulation

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	157 Dukes Road North -Assessment for Enterprise Place	368
⇩b	157 Dukes Road North -Assessment for Venture Place	369
⇩c	157 Dukes Road North-Plan	371
⇩d	219 Gladstone Road North -Assessment for Magnolia Lane	373
⇩e	219 Gladstone Road North -Assessment for Brennan Lane	374
⇩f	219 Gladstone Road North-Plan	375

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision supports 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	☒	☐	☐

This is an administrative function.

Māori Impact Statement

Staff continue to work to add Māori names to the Road Name Register in a way that is meaningful for mana whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the 10 year plan.

Financial considerations

There are no financial implications.

Significance

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

Engagement – external

There has been engagement with the developer.

Engagement - internal

There has been engagement within the Transport Group.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The relevant Community Board has been consulted regarding its support for the road names proposed according to the detailed presented below:

· The Mosgiel-Taieri Community Board supports ‘Enterprise Place’ as the preferred name or ‘Venture Place’ as the alternative name for the subdivision at 157 Dukes Road North.

· The Mosgiel-Taieri Community Board supports ‘Magnolia Lane’ as the preferred name or ‘Brennan Lane’ as the alternative name for the subdivision at 219 Gladstone Road North.

	Title	Page
A ⇩	Minutes of Ordinary Council meeting held on 22 February 2023	17

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