Notice of Meeting:
I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:
Date: Tuesday 27 June 2023
Time: 10.00 am
Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
Council
PUBLIC AGENDA
MEMBERSHIP
Mayor |
Mayor Jules Radich |
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Deputy Mayor |
Cr Sophie Barker
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Members |
Cr Bill Acklin |
Cr David Benson-Pope |
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Cr Christine Garey |
Cr Kevin Gilbert |
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Cr Carmen Houlahan |
Cr Marie Laufiso |
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Cr Cherry Lucas |
Cr Mandy Mayhem |
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Cr Jim O'Malley |
Cr Lee Vandervis |
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Cr Steve Walker |
Cr Brent Weatherall |
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Cr Andrew Whiley |
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Senior Officer Sandy Graham, Chief Executive Officer
Governance Support Officer Lynne Adamson
Lynne Adamson
Governance Support Officer
Telephone: 03 477 4000
governance.support@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
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Council 27 June 2023 |
ITEM TABLE OF CONTENTS PAGE
1 Public Forum 4
2 Apologies 4
3 Confirmation of Agenda 4
4 Declaration of Interest 5
5 Confirmation of Minutes 16
5.1 Ordinary Council meeting - 30 May 2023 16
5.2 Extraordinary Council meeting - 6 June 2023 26
Reports
6 Actions From Resolutions of Council Meetings 29
7 Forward Work Programme for Council - June 2023 35
8 He Tohu Huarahi Māori bilingual traffic signs - Submission 45
9 Three Waters Reform Update and Submission on Water Services Entities Amendment Bill 53
10 New Zealand Masters Games Deed of Variation 67
11 New Zealand Masters Games Service Level Agreement and Statement of Intent 2023 - 2025 114
12 Proposed Event Road Closures - July and August 2023 147
13 Dunedin City Holdings Group Companies - Statements of Intent 2023/24 159
14 Adoption of the Annual Plan 2023/24 176
15 Setting of Rates for the 2023/24 Financial Year 268
Notice of Motion
16 Notice of Motion - Support for University of Otago 297
Resolution to Exclude the Public 299
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Council 27 June 2023 |
At the close of the agenda public forum registrations were still being taken. The speakers will be confirmed following closure of registrations 24 hours before the meeting starts.
There have been no apologies.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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Council 27 June 2023 |
EXECUTIVE SUMMARY
1. Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
2. Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.
3. Staff are reminded to update their register of interests as soon as practicable.
That the Council: a) Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and b) Confirms/Amends the proposed management plan for Elected Members' Interests. c) Confirms the proposed management plan for the Executive Leadership Team’s Interests. |
Attachments
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Title |
Page |
⇩a |
Councillor Interest Register |
6 |
⇩b |
Executive Leadership Team Interest Register |
14 |
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Council 27 June 2023 |
Ordinary Council meeting - 30 May 2023
That the Council: a) Confirms the public part of the minutes of the Ordinary Council meeting held on 30 May 2023 as a correct record.
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Attachments
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Title |
Page |
A⇩ |
Minutes of Ordinary Council meeting held on 30 May 2023 |
17 |
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Council 27 June 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 30 May 2023, commencing at 10.01 am
PRESENT
Mayor |
Mayor Jules Radich |
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Deputy Mayor |
Cr Sophie Barker
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Members |
Cr Bill Acklin |
Cr David Benson-Pope |
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Cr Christine Garey |
Cr Kevin Gilbert |
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Cr Carmen Houlahan |
Cr Marie Laufiso |
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Cr Cherry Lucas |
Cr Mandy Mayhem |
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Cr Jim O'Malley |
Cr Lee Vandervis |
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Cr Steve Walker |
Cr Brent Weatherall |
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Cr Andrew Whiley |
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IN ATTENDANCE |
Sandy Graham (Chief Executive Officer), Gavin Logie (Chief Financial Officer), Robert West (General Manager Corporate and Quality), Jeanette Wikaira (Manahautū (General Manager Māori, Partnerships and Policy)), Paul Henderson (Acting General Manager Customer and Regulatory), Simon Pickford (General Manager Community Services), Simon Drew (General Manager Infrastructure and Development), John Christie (Manager Enterprise Dunedin), Leanne Mash (Communications and City Marketing Manager), Jeanine Benson (Group Manager Transport), Chris Henderson (Group Manager Waste and Environmental Solutions), David Ward (Group Manager 3 Waters), Scott McLean (Group Manager Parks and Recreation), Anna Nilsen (Group Manager Property), Ben Hogan (Transport Delivery Manager), Dr Raphael Krier-Mariani (Coastal Specialist), Stephen Hogg (Parks and Recreation Planner), Simon Smith (Asset and Funding Manager) and Clare Sullivan (Principal Committee Advisor). |
Governance Support Officer Lynne Adamson
1 Opening
Rev Shari Roy, Otago University Māori Chaplain opened the meeting with a Karakia.
2 Public Forum
2.1 |
Climate Crisis |
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Duke McLeod spoke on the climate crisis and urged Council to find methods to address the climate emergency challenge.
Mr McLeod responded to questions. |
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2.2 |
Dunedin Theatre Venue Options |
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Jeremy Anderson spoke to his PowerPoint presentation on Dunedin Theatre Venue options and his suggestion that a multi-use theatre be built from containers.
Mr Anderson responded to questions. |
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Moved (Mayor Jules Radich/Cr Steve Walker):
That the Council:
Extends the Public Forum.
Motion carried
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2.3 |
Protect Otago Action Group |
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Brandon Johnstone and Dr Olivier Jutel spoke on the proposed staff cuts at the University of Otago on behalf of staff, students and concerned residents.
Mr Johnstone and Dr Jutel responded to questions. |
3 APOLOGIES |
There was an apology for early departure from Cr Christine Garey.
Moved (Mayor Jules Radich/Cr Steve Walker): That the Council:
Accepts the apology for early departure from Cr Christine Garey.
carried (CNL/2023/124) |
4 CONFIRMATION OF AGENDA |
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Moved (Mayor Jules Radich/Cr Mandy Mayhem): That the Council:
Confirms the agenda without addition or alteration.
Motion carried (CNL/2023/125) |
5 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.
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6 Confirmation of Minutes
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Reports
7 Actions From Resolutions of Council Meetings |
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A report from Civic provided an update on the implementation of resolutions made at Council meetings. |
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Moved (Mayor Jules Radich/Cr Mandy Mayhem): That the Council:
a) Notes the Open and Completed Actions from resolutions of Council meetings. Motion carried (CNL/2023/129) |
8 Forward Work Programme for Council - MAY 2023 |
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A report from Civic provided the updated forward work programme for the 2022-2023 year. |
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The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
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Moved (Mayor Jules Radich/Cr Sophie Barker): That the Council:
a) Notes the updated Council forward work programme. Motion carried (CNL/2023/130) |
9 Kettle Park Investigation of Historic Landfill |
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A report from Transport provided the findings from the investigation on the contamination and physical extent of the historic Kettle Park landfill, and outlined the next steps that would be undertaken. |
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The General Manager Infrastructure and Development (Simon Drew); Transport Delivery Manager (Ben Hogan) and Coastal Specialist (Dr Raphael Krier-Mariani) spoke to the report and responded to questions.
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Cr Christine Garey left the meeting at 11.17 am.
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Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council:
a) Notes the Kettle Park Investigation of Historic Landfill report. Motion carried (CNL/2023/131) |
11 Reserves Management Plan General Policies - Notice of Intent |
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A report from Parks and Recreation sought approval to commence the public consultation process required by Section 41(5) of the Reserves Act 1977 to enable a review of the Reserves Management Plan General Policies 2005. |
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The General Manager Community Services (Simon Pickford) and Parks and Recreation Planner (Stephen Hogg) responded to questions.
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Moved (Cr David Benson-Pope/Cr Steve Walker): That the Council:
a) Approves the Statement of Proposal and the high-level Stage 1 engagement question topics for the Reserves Management Plan General Policies, and the commencement of the public consultation process required by section 41(5) of the Reserves Act 1977. Motion carried (CNL/2023/133) |
12 Proposed Event Road Closures for June - August 2023 |
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A report from Transport recommended Council approve temporary road closure applications relating to the following events: a) Dunedin Midwinter Carnival. b) FIFA Women’s World Cup 2023.
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The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) responded to questions.
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Moved (Cr Steve Walker/Cr Lee Vandervis): 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) Dunedin Midwinter Carnival
Dates: Friday 23 June and Saturday 24 June 2023. Postponement dates (in the case of the event not going ahead) are Friday 30 June and Saturday 1 July 2023.
Roads and Times: From 12noon to 5.00pm. · Moray Place, in front of First Church only.
From 5.00pm to 9.00pm. · Burlington Street, from SH1 to Moray Place. · Moray Place, from Lower Stuart Street to Princes Street.
ii) FIFA Women’s World Cup 2023
Dates: Tuesday 18 July to Wednesday 2 August 2023.
Roads and Times: · Harrop Street, full length - 9.00am to 5.00pm.
Dates: Friday 21 July and Wednesday 26 July 2023.
Roads and Times: · Anzac Avenue, between Logan Park Drive and Butts Road - 12 noon to 2.00pm. · Anzac Avenue, between Ravensbourne Road and Butts Road - 2.00pm to 8.00pm. · Union Street East, between Harbour Terrace and Anzac Avenue - 2.00pm to 8.00pm. · Butts Road, between Anzac Avenue and Logan Park Drive - 2.00pm to 8.00pm. · Logan Park Drive, from Anzac Avenue to Butts Road - 2.00pm to 8.00pm. · Albany Street, from Anzac Avenue to Forth Street - 6.00pm to 8.00pm. · Dundas Street, from Butts Road to Harbour Terrace - 6.00pm to 8.00pm. · Minerva Street, from Anzac Avenue to Parry Street West - 6.00pm to 8.00pm. · Parry Street West, from Minerva Street to end - 6.00pm to 8.00pm.
Dates: Sunday 23 July 2023.
Roads and Times: · Anzac Avenue, between Logan Park Drive and Butts Road - 2.30pm to 4.30pm. · Anzac Avenue, between Ravensbourne Road and Butts Road - 4.30pm to 10.30pm. · Union Street East, between Harbour Terrace and Anzac Avenue - 4.30pm to 10.30pm. · Butts Road, between Anzac Avenue and Logan Park Drive - 4.30pm to 10.30pm. · Logan Park Drive, from Anzac Avenue to Butts Road - 4.30pm to 10.30pm. · Albany Street, from Anzac Avenue to Forth Street - 8.30pm to 10.30pm. · Dundas Street, from Butts Road to Harbour Terrace - 8.30pm to 10.30pm. · Minerva Street, from Anzac Avenue to Parry Street West - 8.30pm to 10.30pm. · Parry Street West, from Minerva Street to end - 8.30pm to 10.30pm.
Dates: Friday 28 July 2023.
Roads and Times: · Anzac Avenue, between Logan Park Drive and Butts Road - 7.00am to 9.00am. · Anzac Avenue, between Ravensbourne Road and Butts Road - 9.00am to 3.00pm. · Union Street East, between Harbour Terrace and Anzac Avenue - 9.00am to 3.00pm. · Butts Road, between Anzac Avenue and Logan Park Drive - 9.00am to 3.00pm. · Logan Park Drive, from Anzac Avenue to Butts Road - 9.00am to 3.00pm. · Albany Street, from Anzac Avenue to Forth Street - 1.00pm to 3.00pm. · Dundas Street, from Butts Road to Harbour Terrace - 1.00pm to 3.00pm. · Minerva Street, from Anzac Avenue to Parry Street West - 1.00pm to 3.00pm. · Parry Street West, from Minerva Street to end - 1.00pm to 3.00pm.
Sunday 30 July and Tuesday 1 August 2023.
Roads and Times: · Anzac Avenue, between Logan Park Drive and Butts Road - 2.00pm to 4.00pm. · Anzac Avenue, between Ravensbourne Road and Butts Road - 4.00pm to 10pm. · Union Street East, between Harbour Terrace and Anzac Avenue - 4.00pm to 10pm. · Butts Road, between Anzac Avenue and Logan Park Drive - 4.00pm to 10pm. · Logan Park Drive, from Anzac Avenue to Butts Road - 4.00pm to 10pm. · Albany Street, from Anzac Avenue to Forth Street - 8.00pm to 10.00pm. · Dundas Street, from Butts Road to Harbour Terrace - 8.00pm to 10.00pm. · Minerva Street, from Anzac Avenue to Parry Street West - 8.00pm to 10.00pm. · Parry Street West, from Minerva Street to end - 8.00pm to 10.00pm.
Motion carried (CNL/2023/134) |
The meeting closed at 2.31 pm.
..............................................
MAYOR
Council 27 June 2023 |
Extraordinary Council meeting - 6 June 2023
That the Council: a) Confirms the public part of the minutes of the Extraordinary Council meeting held on 06 June 2023 as a correct record.
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Attachments
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Title |
Page |
A⇩ |
Minutes of Extraordinary Council meeting held on 6 June 2023 |
27 |
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Council 27 June 2023 |
·
Council
MINUTES
Minutes of an extraordinary meeting of the Dunedin City Council held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Tuesday 06 June 2023, commencing at 9.10 am
PRESENT
Deputy Mayor |
Cr Sophie Barker
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Members |
Cr Bill Acklin |
Cr Christine Garey |
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Cr Kevin Gilbert |
Cr Cherry Lucas |
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Cr Mandy Mayhem |
Cr Jim O’Malley |
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Cr Lee Vandervis |
Cr Steve Walker |
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Cr Brent Weatherall |
Cr Andrew Whiley |
IN ATTENDANCE |
Sandy Graham (Chief Executive Officer), Jeanette Wikaira (Manahautū (General Manager Māori, Partnerships and Policy)), Simon Pickford (General Manager Community Services) and Scott MacLean (Group Manager Parks and Recreation) |
Governance Support Officer Lynne Adamson
1 APOLOGIES |
Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: Accepts the apologies from Mayor Jules Radich and Cr Marie Laufiso. Motion carried (CNL/2023/135) |
2 CONFIRMATION OF AGENDA |
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Moved (Cr Sophie Barker/Cr Mandy Mayhem): That the Council:
Confirms the agenda without addition or alteration
Motion carried (CNL/2023/136) |
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.
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Moved (Cr Sophie Barker/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 proposed management plan for the Executive Leadership Team’s Interests. Motion carried (CNL/2023/137) |
Reports
3 Fees and Charges for Te Puna o Whakaehu |
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A report from Parks and Recreation noted that Te Puna o Whakaehu would open on 19 June 2023 and recommended the adoption of fees and charges that would apply for the period 19 June to 30 June 2023. |
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The Chief Executive Officer (Sandy Graham), Simon Pickford and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
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Cr Kevin Gilbert entered the meeting at 9.10 am.
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Moved (Cr Cherry Lucas/Cr Mandy Mayhem): That the Council:
a) Approves the recommended fees for Te Puna o Whakaehu, for the period 19 June to 30 June 2023. Motion carried (CNL/2023/138) |
The meeting closed at 9.12 am.
..............................................
DEPUTY MAYOR
Council 27 June 2023 |
Actions From Resolutions of Council Meetings
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to show progress on implementing resolutions made at Council meetings.
2 As this report is an administrative report only, there are no options or Summary of Considerations.
That the Council:
a) Notes the Open and Completed Actions from resolutions of Council meetings as attached. |
discussion
3 This report also provides an update on resolutions that have been actioned and completed since the last Council meeting. Note that items on the Forward Work Programme are not included in the attached schedules.
NEXT STEPS
4 Updates will be provided at future Council meetings.
Signatories
Author: |
Lynne Adamson - Governance Support Officer |
Authoriser: |
Sharon Bodeker - Manager Governance |
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Title |
Page |
⇩a |
Council Public Open Action List |
31 |
⇩b |
Council Public Closed Action list |
33 |
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Council 27 June 2023 |
Forward Work Programme for Council - June 2023
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to provide the updated forward work programme for the 2022-2023 year (Attachment A).
2 As this is an administrative report only, there are no options or Summary of Considerations.
That the Council: a) Notes the updated Council forward work programme as shown in Attachment A. |
DISCUSSION
3 The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work.
4 As an update report, the purple highlight shows changes to timeframes. New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold.
NEXT STEPS
5 An updated report will be presented to future Council meetings.
Signatories
Author: |
Sharon Bodeker - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
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Title |
Page |
⇩a |
Council Forward Work Programme - June 2023 |
37 |
Council 27 June 2023 |
He Tohu Huarahi Māori bilingual traffic signs - Submission
Department: Transport
EXECUTIVE SUMMARY
1 The purpose of this report is to seek Council approval for a Dunedin City Council (DCC) submission (Attachment A) on Waka Kotahi consultation for the draft Land Transport Rule: Traffic Control Devices (Bilingual signs) Amendment (2023).
2 This report summarises the main consultation points and the recommendations of the draft submission.
That the Council:
a) Approves the draft submission, with any amendments, on the Land Transport Rule: Traffic Control Devices (Bilingual signs) Amendment (2023).
b) Authorises the Chief Executive to make any minor editorial changes to the submission if required.
BACKGROUND
3 Waka Kotahi introduced consultation on bilingual traffic signage on 22 May 2023. The deadline for submissions is 5pm, 30 June 2023.
4 A package of 94 bilingual traffic signs is proposed in the draft Land Transport Rule: Traffic Control Devices (Bilingual Signs) Amendment 2023 as part of the He Tohu Huarahi Māori bilingual traffic signs programme led by Te Mātāwai and Waka Kotahi.
5 The consultation documents can be found at the following link https://nzta.govt.nz/about-us/consultations/ in either te reo Māori or English.
6 Bilingual signage is part of the Transport sectors contribution to Maihi Karauna, the Crown strategy for Māori Language revitalisation 2018 – 2023 which aims to provide everyday opportunities for New Zealanders to engage with and use te reo Māori.
DISCUSSION
Summary of types of signs and proposed changes
7 There are three categories of traffic signs used on the transport network.
- Regulatory: Instructing users through a requirement or prohibiting a specific action on a corridor.
- Warning: Informing users of a hazard or other feature requiring a safe response.
- Advisory: Giving users information or guidance.
8 This consultation suggests bilingual signage is adopted across six types of signs. Four of which are advisory, one is a warning, and one is regulatory.
Destination signs (Advisory)
9 These signs inform road users of directions and/or distances to destinations. Colour is the proposed differentiator between languages on these signs with te reo Māori in yellow and English in white.
10 Road Controlling Authorities (RCAs) can choose from two translations of “Welcome to”.
11 Waka Kotahi are seeking feedback on whether the “Welcome to” is on one sign in both languages, or is on two signs, with the sign in te reo Māori on the left-hand side of the road, and the sign in English on the right hand side.
12 For familiarity, consistency and ease of installation, the draft submission recommends combined te reo Māori and English signs should be used.
Public and active transport signs (Advisory)
13 The signs in this category relate to bus or cycle lanes. Font size is the proposed differentiator between languages on these signs with te reo Māori one font size up from English.
14 For bus stop signs, colour is the proposed differentiator method to determine te reo Māori from English. Te reo Māori is presented in black and English in red.
15 The draft submission makes no comment on this sign category.
Walking and cycling wayfinding signs (Advisory)
16 These signs provide directional information for active transport modes. Colour is the proposed differentiator between languages on these signs with te reo Māori in black and English in blue.
17 The draft submission makes no comment on this sign category.
General advisory and permanent warning signs (Warning)
18 This category of sign provides information about features adjacent to roads and warn of hazards. Font size is the proposed differentiator between languages on these signs with te reo Māori one font size up from English.
19 The draft submission makes no comment on this sign category.
Motorway and expressway advisory signs (Advisory)
20 These signs provide information about motorways and expressways. Font size is the proposed differentiator between languages on these signs with te reo Māori one font size up from English.
21 Waka Kotahi is seeking feedback on whether the differentiator should be colour instead of font size. For reasons of consistency with Destination Signs, the draft submission recommends colour is used to differentiate between languages.
Temporary warning signs (Regulatory)
22 These signs are used by workers to ensure their own safety and that of road users around worksites. Sentence case is the proposed differentiator for these signs with te reo Māori in lower case and English in upper case.
23 Waka Kotahi is asking for feedback on a dual sign approach with one sign in te reo Māori and one in English with a distance between them (on the same side of the road). The draft submission recommends only one sign with both te reo Māori and English is adopted. Having two signs can cause “cluttering” effects for road users and means workers have to put out two sets of signs instead of one (and associated sandbags). Vehicles that carry signs for this type of work have maximum loading capacity and increasing the number of signs to be deployed will affect efficiencies.
Other proposed changes
24 The draft Land Transport Rule: Traffic Control Devices (Bilingual Signs) Amendment 2023 also incorporates a number of other minor changes that are not related to the introduction of bilingual signage.
25 Other changes that have been proposed relate to specifications/requirements of signs (shape/borders/colours/text/formatting of macrons), and minor amendment of the definitions of “public holiday”, “school bus”, and the adding of a definition for “official geographical name”.
26 The draft submission makes no comment on these other amendments as they are minor and administrative.
Implementation of bilingual signage
27 The consultation document notes implementation of bilingual signs will be when RCAs need to replace an end of life sign or when new signs are introduced to the transport network. Costs will be minimised under this approach.
28 The draft submission requests additional guidance from Waka Kotahi for when this approach is not appropriate (for example, where there is a site of cultural significance or when this approach may result in different signs on each side of the road).
Road user safety with bilingual signage
29 It is reasonable to infer bilingual signs increase the demand of the driving task and therefore impact on road safety. Research has found little evidence of major safety impacts associated with bilingual signage with studies demonstrating drivers appear able to absorb this extra demand, or negate it by slowing down, which ultimately results in no detectable change in accident rates.
30 In 2001, bilingual signage was introduced on trunk roads in Scotland (although many local roads had bilingual signs before this). This did not lead to an increase in deaths and serious injuries on the roads in Scotland. The Republic of Ireland (where bilingual signage has been in place for a number of years) has a death rate of 2.9 per 100,000 inhabitants per year, in comparison New Zealand’s is 7.8.
31 Waka Kotahi research concluded that following best practice sign design guidance had the potential to mitigate the potential negative effects of sign complexity on public safety while providing for cultural aspirations.
OPTIONS
Option One – Recommended Option
32 Agree, with any amendments, the submission to the Land Transport Rule Traffic Control Devices (Bilingual signs) Amendment (2023).
Advantages
· Opportunity to provide feedback on the introduction of bilingual signage.
Disadvantages
· There are no identified disadvantages.
Option Two
33 Do not approve the submission to the Land Transport Rule Traffic Control Devices (Bilingual signs) Amendment (2023).
Advantages
· There are no identified advantages.
Disadvantages
· Missed opportunity to provide feedback on consistency of signs, their placement, the practicalities of installation and budget for this work.
NEXT STEPS
34 If the submission is approved, staff will submit it, with any amendments to Waka Kotahi.
Signatories
Author: |
Jeanine Benson - Group Manager Transport |
Authoriser: |
Simon Drew - General Manager Infrastructure and Development |
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Title |
Page |
⇩a |
He Tohu Huarahi Māori Bilingual Traffic Signs – Submission |
51 |
SUMMARY OF CONSIDERATIONS
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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 cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
The instruction of bilingual signage aims to assist economic development and improve access and mobility, and the promotion and development of te reo Māori. |
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Māori Impact Statement This consultation has been prepared in partnership with Te Mātāwa, the organisation tasked with Māori Language Revitalisation in partnership with the Crown. The DCC recognises the importance of partnership, co-operation, and the leadership role that iwi and Māori play in relation to Māori language revitalisation. This proposal will support iwi and Māori in their efforts to ensure te reo Māori is a living language within our communities. |
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Sustainability The introduction of bilingual signage support DCC’s sustainable practise framework through social connection and social equity. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications. |
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Financial considerations There are no financial implications. |
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Significance This paper is considered low on the significance and engagement policy | Kaupapa here hirahira whakatūtaka. |
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Engagement – external There has been no external engagement, this is a Waka Kotahi led consultation. |
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Engagement - internal There has been internal engagement with Transport and Corporate Policy. |
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Risks: Legal / Health and Safety etc. Health and safety risks associated with bilingual signage are discussed in the report. |
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Conflict of Interest There are no conflicts of interest. |
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Community Boards Bilingual signage will be of interest to many members of the community including in those areas covered by Community Boards. |
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Council 27 June 2023 |
27 June 2023
Waka Kotahi
The Majestic Centre
Level, 7/100 Willis Street
Wellington Central
Wellington 6011
Tēnā koutou
He Tohu Huarahi Māori Bilingual Traffic Signs – Consultation
1 The Dunedin City Council (DCC) welcomes the opportunity to submit to Waka Kotahi on the draft Land Transport Rule: Traffic Control Devices (Bilingual signs) Amendment 2023.
2 The DCC acknowledges its Treaty of Waitangi responsibilities. Consistently successful engagement with iwi Māori results in better decision making, more robust and lasting solutions, and more engaged people and communities.
3 DCC supports the goal of incorporating more te reo Māori into Aotearoa New Zealand’s transport network.
4 DCC recognises the importance of partnership, co-operation, and the leadership role that iwi and Māori play in relation to Māori language revitalisation. The DCC notes this proposal will support iwi and Māori in their efforts to ensure te reo Māori is a living language within our communities.
5 Bilingual signs will help ensure there are everyday opportunities for all New Zealanders to engage with and use te reo Māori.
6 DCC is supportive of the changes described in the consultation document.
Key submission points
7 DCC support the factors that have been considered to determine which signs would be prioritised to be made bilingual.
8 DCC notes that a panel of te reo Māori experts have considered and proposed the translations to be used.
9 Waka Kotahi note that familiarity of signs should be maintained. DCC supports this principal and therefore to be consistent with other proposed bilingual signs, DCC recommends that the combined te reo Māori and English sign should be used for Destination Signs.
10 For reasons of consistency with Destination Signs, the DCC recommends differentiating te reo Māori and English in colour for Motorway and Expressway advisory signs.
11 DCC recommends that only one sign is adopted for Temporary Warning signs. Having two signs can cause “cluttering” effects for road users and means workers must put out two sets of signs instead of one (and associated sandbags). Vehicles that carry signs for this type of work have maximum loading capacity and increasing the number of signs to be deployed will affect efficiencies.
12 DCC acknowledges the implementation approach that bilingual signs will be used when replacing end of life signs or when new signs are introduced to the transport network. Costs will be minimised under this approach.
13 DCC requests additional guidance from Waka Kotahi for when this approach is not appropriate (for example where there is a site of cultural significance or when this approach may result in two different signs on each side of the road).
The DCC thanks you for the opportunity to submit on He Tohu Huarahi Māori Bilingual Traffic Signs.
Nāku noa, nā
Jules Radich
Mayor of Dunedin
Council 27 June 2023 |
Three Waters Reform Update and Submission on Water Services Entities Amendment Bill
Department: Executive Leadership Team and Legal
EXECUTIVE SUMMARY
1 This report:
a) Provides an update to Council on Affordable Water Reform (previously called Three Waters Reform);
b) Summarises the Water Services Entities Amendment Bill (the WSEs Amendment Bill); and
c) Seeks a delegation to authorise the Council's Chief Executive Officer, in consultation with the Chair of the Infrastructure Services Committee, to (i) prepare a draft submission to Parliament’s Select Committee on the WSEs Amendment Bill; and (ii) send the finalised submission to the Select Committee.
2 The proposed key points for the draft submission are:
b) The extra time provided by the reset should be used to reconsider the underlying fundamentals of the reform and redesign the legislation to ensure the original economic objectives of the reform are achievable. The underlying financial modelling is flawed and needs to be recalculated.
c) Council is still concerned that:
i) The Government has not adequately addressed concerns regarding the repeal of existing protections against privatisation (e.g., section 130 of the Local Government Act 2002 (LGA)).
ii) City planning processes will be hamstrung with the Water Service Entity (WSE) exerting investment power over Council’s ability to plan for future land use. There is the potential for WSEs to concentrate their funding in some locations and not others.
iii) Emergency management will be problematic.
These concerns remain notwithstanding Select Committee recommendations to strengthen relationship agreements under the Water Services Legislation Bill (the Legislation Bill).
d) Recent events in Auckland and the wider North Island re-emphasise the need for water reform and greater funding to ensure efficiencies and safety. However, such events do not point to the new model as being the only solution. Council question why ownership of water assets and governance need to change if the Government can provide mechanisms to address current restraints through more centralised functions such as the shared services option and WSE Funding Agency (WSFA) proposed under the current WSEs Amendment Bill.
e) Due to the extremely short period for submissions on the WSEs Amendment Bill, it is nearly impossible to consider what is being proposed let alone consult with Council’s community. For this to be a recurring theme on the introduction of each bill in the entire suite of legislation is cynical.
f) While Council considers that the reform should be redesigned, if the current reform is to proceed:
i) Council supports 10 WSEs under the WSEs Amendment Bill instead of four WSEs as provided under the current legislation. This is because 10 WSEs allows for greater representation by individual Councils on the Regional Representative Group (RRG). The level of representation and influence is still inadequate but is better than what is currently enacted.
ii) Council would like to ensure a merger proposal with other WSE(s) can only be implemented on agreement by all RRG representatives (or at least all territorial authority representatives on the RRG as underlying shareholders of the WSE).
iii) Council is concerned about resourcing demands and constraints due to extended transitional obligations, and the navigation of amended local government planning, reporting, and rating due to water reform.
iv) Council needs a fixed establishment date for Entity J, as certainty is critical to Council. This is for a variety of reasons, but Council is particularly concerned that the reforms have created and continue to create workforce retention and workload issues.
v) Council would like Entity J to be established on 1 July 2025 or, if this is not possible, on 1 July 2026. Council does not want Entity J to be established part way through a financial year as this is operationally challenging and comes with additional costs. Council seeks a specified date for the establishment of Entity J, in much the same way that the WSEs Amendment Bill records that the Northland and Auckland Water Services Entity will be established on 1 July 2024.
That the Council: a) Notes the update on Affordable Water Reform (previously called Three Waters Reform). b) Delegates authority to the Council's Chief Executive Officer, in consultation with the Chair of the Infrastructure Services Committee, to (i) prepare a draft submission to Parliament’s Select Committee on the WSEs Amendment Bill; and (ii) send the finalised submission to the Select Committee. c) Authorises the Chair of Infrastructures Services (or his delegate) to speak to the submission.
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BACKGROUND
Affordable Water (Three Waters) Reform Programme
3 In July 2020, the Government launched the Three Waters Reform Programme to reform local government three waters service delivery arrangements throughout New Zealand.
4 Since then, the Government has introduced a suite of legislative changes to support both regulatory and service delivery reform.
5 As part of regulatory reform, Taumata Arowai was established as a Crown entity in March 2021. Taumata Arowai became New Zealand's dedicated regulator of drinking water when the Water Services Act 2021 came into effect on 15 November 2021.
6 In October 2021, the Government announced local government participation in the Three Waters service delivery reform would be mandatory. Soon after, the Government released an exposure draft of the Water Services Entities Bill (WSEs Bill) that would establish the proposed four new WSEs.
7 The WSEs Bill received royal assent on 14 December 2022 and is now the Water Services Entities Act 2022 (WSEs Act).
8 The WSEs Act legislated to form four entities across New Zealand. The Council was included in Entity D which covered most of the South Island (in line with the Ngai Tahu takiwā).
9 Two further Bills were introduced in December 2022, namely the Water Services Legislation Bill (Legislation Bill) and the Water Services Economic Efficiency and Consumer Protection Bill (Regulation Bill).
10 Council submitted on the Legislation Bill and Regulation Bill on 28 February 2023.
11 Parliament's Finance and Expenditure Select Committee has reported back on both the Legislation Bill and Regulation Bill, and these Bills are currently awaiting their second reading in Parliament.
12 On 13 April 2023, the Government announced that there would be changes to the water services reform programme. These changes included increasing the number of new WSEs from four to ten (meaning there would be three WSEs in the South Island). Announcements indicated that DCC is to be part of the Otago and Southland WSE (also referred to as Entity J).
13 Entity J includes the territorial authorities of Dunedin City Council, Clutha District Council, Central Otago District Council, Queenstown-Lakes District Council, Gore District Council, Southland District Council, and lnvercargill City Council.
14 The announcement further stated Three Waters Reform would be renamed the Affordable Water Reform.
15 A further bill was introduced to Parliament on 16 June 2023 called the Water Services Entities Amendment Bill, adding further to the suite of water legislation.
16 The WSEs Amendment Bill would, if enacted, amend the WSEs Act so that there are ten WSEs established using a staggered approach, with entities being stood up from 1 July 2024 and complete by 1 July 2026. Further details are set out below.
DISCUSSION
Previous Council Submissions on the Affordable Water (Three Waters) Reform
17 Council has made submissions on Affordable Water (Three Waters) Reform, as summarised in Table 1 below.
Table 1: Summary of Council Submissions on Affordable Water (Three Waters) Reform
Legislation / Issue submitted on |
Date Council Submission |
Summary of Council Submission |
Water Services Bill |
1 March 2021 |
The Council supported the establishment of Taumata Arowai but sought further clarification on roles and responsibilities, changes to the LGA, funding and resourcing, exemptions from regulatory requirements, liability provision and source water risk management. |
Feedback on Government Announcement of Water Reforms and Four-Entity Model. |
30 September 2021 |
The Council requested more time to consult with the community and recommended Government needed to work with Councils and iwi / Maori. Council highlighted concerns regarding the control of land use planning. |
Water Services Entities Bill |
8 August 2022 (approved at Council Meeting of 26 July 2022) |
The Council requested the service delivery reforms be paused and other service delivery options be considered. The Council suggested more detailed consideration was needed on three waters service delivery reform, resource management reform and local government review. Council was concerned there is a lack of ‘local voice’ as not all territorial authorities would have representation on the RRG. The Council recommended the Government consider smaller regional entities such as an Otago / Southland model. |
Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill |
28 February 2023 (approved at Council Meeting of 28 February 2023) |
The Council submitted the reform is not workable and needs to be rethought. Council considered there is a risk of ratepayers / consumers paying more and that Council planning processes would be impacted subject to what Entity D focuses on. Council highlighted there were complexities on mixed stormwater ownership. Council was concerned it would still be viewed by the public as the ‘point of call’ for water supply and yet will have no control. The Council was concerned legislation will repeal existing protections against privatisation and decision-making powers would now sit with DIA. |
18 The submission approved by Council on 26 July 2022 (dated 8 August 2022) was in response to the WSEs Bill. This submission highlighted several concerns the Council had with the proposed four entities model. The submission expressed that while Council accepted regulatory reform was necessary, the proposed service delivery model was not workable.
19 The submission stated that the proposal did not include enough detail on the practicalities of implementing the four entities model and Council was concerned localised decision making would be lost with many South Island territorial authorities not having a representative on the RRG. The Council considered the proposed model needed to be re-assessed and indicated a regional model such as an Otago/Southland Entity would be more suitable.
20 The submission approved by Council on 28 February 2023 was in response to the Legislation Bill and Regulation Bill. The Finance and Expenditure Select Committee reported back on 8 June 2023 (the “Recommendations”) on the Legislation Bill and Regulation Bill. The key recommendations set out on the Department of Internal Affairs’ (DIA) website include:
a) Further clarity as to how relationship agreements will work in practice to manage areas where cooperation between a WSE, Councils and other partners is required. The changes make clear that these agreements will now be binding and provide for dispute resolution.
b) WSEs must have a development code, which must set out a series of development principles that set out how a WSE will support and enable urban development and growth in their service area.
c) Clarify the Government’s intention that WSEs will pay rates.
d) Amend arrangements to provide further certainty for roles and responsibilities for stormwater management including in relation to urban water courses on private land.
e) Amend so that the ability to require Councils to pass-through billing on behalf of WSEs will expire on 30 June 2027 (instead of 30 June 2029).
f) Ensure the integrity, intent, and effect of Treaty settlement obligations are upheld by a WSE.
21 Set out below is a review of how the Recommendations address the points in DCC’s submission dated 28 February 2023 on the Legislation Bill (following the submission’s headings):
A. UNWORKABLE RELATIONSHIP BETWEEN TERRITORIAL AUTHORITIES AND THE WSES Planning
· Submission – Councils' city planning processes will be hamstrung with the WSE exerting investment power over Council’s ability to plan for future land use.
· Report Recommendations – (i) Require WSEs no later than 12 months after the establishment date to prepare a development code (DC) (with the objective of being more responsive to planning processes and growth yet still being consistent with local authority plans etc). (ii) Obtain approval for DC from the Commerce Commission. (iii) Outline principles for drafting DC, including that WSEs support, enable, and are responsive to planning processes and growth for additional housing and urban development. Also require, the DC to provide for operational considerations, including the form of applications, engineering design standards, and connection application criteria. (iv) The DC must specify how disputes are to be resolved for infrastructure connections or disconnections. (v) Also refer to mandatory content under relationship agreements.
Stormwater
· Submission – The complexities of a mixed ownership stormwater model will result in gross inefficiencies operationally and make handling emergency events difficult. · Report Recommendations: (i) WSE must manage and maintain water service infrastructure in its service area (including meeting the costs of doing so) e.g., watercourses on private land that are part of the stormwater network of a WSE unless owned or operated by a public stormwater network owner or operator. (ii) Require landowners to notify WSEs before undertaking any work that might affect water services infrastructure. WSEs may then impose reasonable conditions relating to work undertaken by a landowner. (iii) Where a landowner has interfered with a watercourse without consent or has breached a stormwater network rule, that owner is responsible for either eliminating impairments to the stormwater network on their land in a timely fashion to an acceptable standard or meet the costs of the WSEs doing so. (iv) Consolidate stormwater management plans and rules into a single instrument, becoming “stormwater management strategies”. (v) Stormwater management plans must include geographical zones indicating areas that each stormwater network serves and include maps (also referred to re stormwater charging). (vi) Also refer to mandatory content under relationship agreements.
Relationship Agreement
· Submission – The Council recommends amendment to section 468 to widen content of the relationship agreement and amendment to section 469 to provide a statutory basis. · Report Recommendations – (i) Make agreements ‘binding’ between the parties. (ii) Prescription of mandatory content including how the parties will work together on statutory functions, powers, or duties e.g., stormwater management, spatial and land use planning, emergency management, Treaty settlement obligations. (iii) More detailed dispute resolution clauses. (iv) Distinction from optional service level agreements. (v) Agreements are entered no later than three months before establishment, and a default position should parties be unable to agree on terms and conditions for the agreement.
Carrying Out Works
· Submission – The Council requires a longer minimum notice period if a WSE proceeds to carry out any work on or under road. · Report Recommendation - no amendment discussed or marked up in the legislation.
Transfer of Assets and Debts
· Submission – Further consultation should be given to Council in relation to the preparation of and Minister’s approval of the allocation schedule. Also, further clarity regarding disputed or missed land as well as intentions relating to subdivision. Council must also be as much a determiner of the debt amount as the DIA. · Report Recommendation – (i) Minister be required to inform affected councils in writing of any decision to amend the allocation schedule, provide reasons for any changes, and give those councils a reasonable opportunity to comment on the amendments. (ii) More detail at clause 54, Schedule 1 relating to debt payment including the opportunity for local government organisation to make written comments on a draft debt payment schedule and allowing a payment to be made in instalments. Stating the payment must be paid in full five years after the establishment date. Subsidiaries
· Submission – Council recommended amendment to Schedule 5 to require oversight of subsidiaries by the RRG and to be subject to WSE constitutions. · Report Recommendations – Greater accountability provisions requiring subsidiaries to provide any information required by a WSE to enable entities to prepare their planning and performance obligations. Ensuring that subsidiaries are required to have annual reports. Also extending the engagement requirements to apply to subsidiaries if performing a function of a WSE that required engagement.
B. IMPOSED OBLIGATIONS ON COUNCILS Councils Collecting Charges (Pass-Through Billing)
· Submission – WSEs need to ensure their capability to bill for their own service from establishment just like any other New Zealand business. · Report Recommendation – Clauses moved to transitional provisions and expiry date shortened from 30 June 2029 to 30 June 2027 which they believe is enough time for the WSEs to set up their own billing service.
Stormwater Charging
· Submission – The Council recommends removal of clause 63 Schedule 1 from the Legislation Bill. · Report Recommendation – Deletion of clause 63, Schedule 1.
Sharing of Information
· Submission - Council’s compensation for sharing the rating information should provide for delivering on the request as well as contribution to the keeping and maintaining of the database. · Report Recommendation – no amendment discussed or marked up in the legislation.
Resourcing
· Submission – General comments regarding resource constraints due to Reform demands, transition secondments and uncertainty regarding Long Term Plans. · Report Recommendation – no general comment.
C. UNFAIR BURDEN ON THE RATEPAYER Rating of WSE Assets
· Submission - It is unacceptable for the Council to lose such a considerable funding source. The Council recommends the removal of clause 137 (rateability of WSE) and clause 342 (WSE’s non-rateable in respect of pipes or assets that run through property that it does not own) of the Legislation Bill and clause 342. · Report Recommendation – Deletion of clause 137 of the Legislation Bill making land transferred to the WSE rateable. No amendment discussed regarding clause 342.
Government Policy Statements
· Submission – The Council recommends amendment to section 133(2) of the WSE Act to explicitly state how the Government intends supporting stakeholders to achieve a GPS and requiring a cost-benefit analysis. · Report Recommendation – no amendment to section 133(2) discussed or marked up in the legislation.
Crown’s Exemption from Connection Charges
· Submission - The Crown should be liable for infrastructure charges like any other developer. · Report Recommendation – The Crown remains exempt from paying water infrastructure contributions, but this does not apply to Kainga Ora.
Rural Supplies
· Submission – Redrafting required to allow an opt out prior to transfer. · Report Recommendation – No opt out prior to transfer indicated but further amendment made around costs, binding referendum and polling arrangements as well as moving this section on transfer of small mixed-use rural water supplies to the transitional provisions.
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Water Services Entities Amendment Bill 2023 (Current Bill for Submission)
22 On 16 June 2023, the WSEs Amendment Bill was introduced.
23 The WSEs Amendment Bill, if enacted, would:
a) Establish 10 new WSEs, with the new WSEs being more closely based on existing regional boundaries.
b) Have a staggered approach to WSE establishment dates, with all WSEs being established between 1 July 2024 and 1 July 2026. The Northland and Auckland Entity will be established on 1 July 2024. Other WSEs will be established on the earlier of:
· An establishment date set by Order in Council, which is one of the following dates: 1 July 2024, 1 October 2024, 1 January 2025, 1 April 2025, 1 July 2025, 1 October 2025, 1 January 2026, and 1 April 2026; and
· 1 July 2026.
c) Provide for every territorial authority to be represented on the RRG, along with an equal number of mana whenua representatives.
d) Introduce ‘Community Priority Statements’ which can be presented to RRG groups by people that have an interest in water bodies in the WSE area.
e) Enable a process to allow for locally led voluntary mergers of two or more WSEs.
f) Provide for WSE financing arrangements, including a WSFA to be established as a backstop financing mechanism, if required.
g) Enable shared services arrangements, including a provision for the responsible Minister to direct entities where collaboration or a whole of sector approach is required for debt funding and management (for example, through the WSFA), information and communication technology, and digital infrastructure procurement and management, other procurement and supply chain management, risk management and insurance, workforce development and management.
h) Require Councils to provide and fund water services during the extended establishment period for the entities, including transitional arrangements to be inserted in local government legislation to deal with long-term planning, reporting, and rate setting obligations over this period.
24 The WSEs Amendment Bill has not received its first reading as of the date of writing this Report. However, the WSEs Amendment Bill is expected to receive a first reading by the end of June 2023.
25 On first reading, Parliament will refer the WSEs Amendment Bill to a Select Committee and call for submissions. Staff are expecting the submission period to be short, probably two weeks or less.
26 Given the likely short time for submissions on the WSEs Amendment Bill, Council staff seek approval for a delegation to the Council's Chief Executive Officer, in consultation with the Chair of Infrastructure Services Committee, to:
a) prepare a draft submission to Parliament’s Select Committee on the WSEs Amendment Bill; and
b) send the finalised submission to the Select Committee.
Legislative Process
27 Parliament's Select Committee will have a deadline date to consider submissions and release their report on the WSEs Amendment Bill. Council staff understand that the Government's intention is to pass the WSEs Amendment Bill, the Legislation Bill, and the Regulation Bill by 31 August 2023.
Draft DCC Submission on the WSEs Amendment Bill
28 Staff are currently working on a draft submission. The proposed key points for the draft submission are broadly outlined in the Executive Summary of this report. It is noted that:
a) The WSEs Amendment Bill, as part of the suite of water legislation effecting water reform, would have significant impacts on Council and the community.
b) The WSEs Amendment Bill as introduced provides for a regional WSE in line with Council’s recommendations in earlier submissions. However, the WSEs Amendment Bill still does not adequately address all concerns previously raised by the Council including the interface between the WSE and local authority on planning.
c) Council is again being asked to submit on legislation containing a service delivery model that Council considers to be fundamentally flawed, and within a timeframe that is likely to be cynical.
d) While some of Council's requests have been incorporated into the WSEs Amendment Bill, there are still concerns that have not been adequately answered by the strengthening of the relationship agreement.
e) It is disappointing that the reset has not been used to review the financial modelling underlying the reform.
f) Key draft submission points include:
i) The Local Led Merger Process;
ii) The transitional obligations on Council;
iii) The uncertainty surrounding the Establishment Date, and the potential for this to be a date that is part way through a financial year; and
iv) The WSFA, and the guarantee obligations that are likely to be part of the WSFA arrangements.
OPTIONS
29 The key options here are whether Council wants to make a submission on the WSEs Bill and, if so, whether Council is willing to delegate to Council's Chief Executive Officer, in consultation with the Chair of Infrastructure Services Committee, the authority to:
a) prepare a draft submission to Parliament’s Select Committee on the WSEs Amendment Bill; and
b) send the finalised submission to the Select Committee after giving Council an informal opportunity for feedback.
30 Staff are seeking a delegation here because it is expected that the timeframe for making submission on the WSEs Amendment Bill will be very tight.
31 Councillors will be provided with an informal opportunity for feedback on the draft submission.
Option One – submit on the Water Services Entities Amendment Bill (Recommended Option)
32 Under this option, Council would:
a) Note the update on Affordable Water Reform (previously called Three Waters Reform).
b) Delegate authority to the Council's Chief Executive Officer, in consultation with the Chair of the Infrastructure Services Committee, to (i) prepare a draft submission to Parliament’s Select Committee on the WSEs Amendment Bill; and (ii) send the finalised submission to the Select Committee.
c) Authorise the Chair of Infrastructures Services (or his delegate) to speak to the submission.
Advantages
· Opportunity to provide further feedback on the further water reform legislation.
· Opportunity to recommend changes to the Select Committee on particular provisions of the WSEs Amendment Bill.
Disadvantages
· There are no identified disadvantages for this option.
Option Two – do not submit on the Water Services Entities Amendment Bill
33 Under this option, Council would not make a submission on the WSEs Amendment Bill.
Advantages
· There are no identified advantages for this option.
Disadvantages
· Missed opportunity to provide further feedback on water reform legislation.
· Missed opportunity to recommend changes to the Select Committee regarding the provisions of the WSEs Amendment Bill.
NEXT STEPS
34 The deadline for submissions from local government has yet to be set but is expected to be a short time frame prior to the next Council meeting. If the Council approves the delegation under this Report, a draft submission will be prepared, finalised (after giving Council an informal opportunity for feedback) and sent to the Select Committee before the submission’s closing date. The submission will include a request for Council to make an oral submission.
Signatories
Author: |
Simon Drew - General Manager Infrastructure and Development Karilyn Canton - Chief In-House Legal Counsel Nadia McKenzie - In-House Legal Counsel |
Authoriser: |
Sandy Graham - Chief Executive Officer |
There are no attachments
for this report.
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.
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Fit with strategic framework
This report has been prepared with reference to the Dunedin strategic framework. |
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Māori Impact Statement The Government has engaged with iwi/Maori in relation to the three waters reforms, and Council liaised with Te Rūnanga o Ngāi Tahu on the WSEs Bill. |
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Sustainability Any changes to New Zealand’s Three Water service delivery model may change the economic and environmental sustainability of three waters infrastructure and services across New Zealand. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy This report and the decision to authorise delegation to prepare and finalise a submission in response to the WSEs Amendment Bill has no direct implications for these plans and strategies. |
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Financial considerations There are no financial implications directly associated with this report and the decision to approve the draft submission to Parliament's Select Committee. |
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Significance The decision to authorise delegation to prepare and finalise a submission is considered low in terms of the Council’s significance and engagement policy. |
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Engagement – external No engagement externally. |
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Engagement - internal Staff from the Executive Leadership Team, Legal Team and 3 Waters Group have contributed to the development of this report. |
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Risks: Legal / Health and Safety etc. There are no identified risks directly related to approving a delegation to prepare and finalise a Council submission on the WSEs Amendment Bill. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards are likely to be interested in the three waters reform updates and staff will consider how to update the Community Boards. |
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Council 27 June 2023 |
New Zealand Masters Games Deed of Variation
Department: Events and Community Development
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 Council’s approval of a proposed Deed of Variation between the Council and the Dunedin (New Zealand) Masters Games Board, which varies the Dunedin (New Zealand) Masters Games Trust (Trust Deed Variation).
That the Council: a) Approves the proposed Deed of Variation between the Council and the Dunedin (New Zealand) Masters Games Trust Board, which varies the Dunedin (New Zealand) Masters Games Trust. b) Authorises the affixing of Council’s Seal to the Deed of Variation. |
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 A report from staff seeking approval to appoint a new Trustee to the Dunedin (New Zealand) Masters Games Trust was presented to Council on 31 May 2022. At that meeting, the Council resolved as follows:
Moved (Cr Andrew Whiley/Cr Rachel Elder):
That the Council:
a) Approves the appointment of Mr David Hogue as Trustee on the Dunedin (New Zealand) Masters Games Board.
Motion carried (CNL/2022/032)
Moved (Cr Sophie Barker/Cr Andrew Whiley):
That the Council:
b) Request that staff review the trust deed considering matters including the length of term, remuneration, the appointment process and the number of trustees.
Motion carried (CNL/2022/033)
DISCUSSION
6 The Trust considered these matters and felt existing clauses and processes were adequate.
a) The Trust did not want to pay 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.
8 The Trust decided no additional changes to the appointment term would be made and they were comfortable retaining clause 6.5 as above.
9 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 advise on other variations required.
10 A copy of the proposed Deed of Variation is attached as Attachment A. A tracked version of the proposed changes is attached as Attachment B and a copy of the previous Trust Deed is Attachment C. The Trust is seeking the Council’s approval of the proposed Trust Deed Variation.
11 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.
12 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.
13 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.
14 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.
15 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).
16 It was also noted the reporting requirements for the Statement of Intent in the Trust Deed do not align with the Service Level Agreement. Therefore, under advice from Anderson Lloyd the following changes have been made.
9.1 The Trustees shall complete a draft Statement of Intent at least four months prior to any date set out in the then current Service Level Agreement entered into between Trust and the Dunedin City Council.
9.2 Each Statement of Intent shall be for the immediately following two financial years and shall specify the following information …
9.3 The Trustees shall inform the Dunedin City Council of the Trust’s draft Statement of Intent no later than the date that is three months prior to the date that the Trust and the Dunedin City Council are required to adopt the Statement of Intent in accordance with the then current Service Level Agreement.
9.4 Any comments on the draft Statement of Intent by the Dunedin City Council must be made in writing and must be received by the Trust no later than six weeks before the date that the Trust and the Dunedin City Council are required to adopt the Statement of Intent in accordance with the then current Service Level Agreement.
9.7 The provisions set out in clauses 9.1 to 9.5 of the Trust Deed shall apply provided the Trust is an exempted organisation for the purposes of sections 7(3) and 6(4)(i) of the Local Government Act 2002. If the Trust ceases to be an exempted organisation, the Trustees shall draft and adopt a Statement of Intent in accordance with the provisions of Schedule 8 of the Local Government Act 2002.
17 A new Service Level Agreement is entered into every two years, the clauses above ensure flexibility in the Trust Deed around these requirements, and consequential amendments to the Deed will not be required if the timeframes should change in any future Service Level Agreement.
OPTIONS
18 As the Deed of Variation is for noting only, there are no options.
NEXT STEPS
19 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 |
|
Title |
Page |
⇩a |
DNZMGT - Proposed Deed of Variation 2023 |
74 |
⇩b |
DNZMGT - Trust Deed 2023 - Tracked |
81 |
⇩c |
DNZMGT - Trust Deed |
94 |
SUMMARY OF CONSIDERATIONS |
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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. |
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Fit with strategic framework
The New Zealand Masters Games contributes to three of the Council’s strategies. |
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Māori Impact Statement In 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. |
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Sustainability There are no known implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The funding for Masters Games is included within the 10 Year Plan and Annual Plan. |
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Financial considerations There are no financial considerations to the Council in approving the Deed of Variation. |
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Significance The decision in this report is assessed as low in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external There have been discussions with the Trust and its solicitor. |
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Engagement - internal There has been internal engagement with Council’s In-House Legal Team. |
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Risks: Legal / Health and Safety etc. The Trust Deed Variation includes changes to ensure that the Trust Deed complies with the Trusts Act 2019. |
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Conflict of Interest Cr Andrew Whiley has identified a potential conflict of interest and will not be participating in the decision. |
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Community Boards There are no known implications for Community Boards. |
Council 27 June 2023 |
New Zealand Masters Games Service Level Agreement and Statement of Intent 2023 - 2025
Department: Events and Community Development
EXECUTIVE SUMMARY
1 This report presents the Statement of Intent (SOI) and Service Level Agreement (SLA) for the Dunedin (New Zealand) Masters Games Trust for approval.
2 The Dunedin (New Zealand) Masters Games Trust is a Council Controlled Organisation (CCO) and is exempted from the standard reporting requirements of a CCO. However, the Trust Board voluntarily submits a Statement of Intent and Service Level Agreement, a Pre-Games report and Post-Games report to Council biennially.
3 There have been minor changes to the SLA (see Attachments A and B) and SOI (see Attachments C and D) since they were last approved in July 2021.
That the Council: a) Approves the 2023 – 2025 Dunedin (New Zealand) Masters Games Trust Statement of Intent. b) Approves the 2023 – 2025 Dunedin (New Zealand) Masters Games Trust Service Level Agreement. |
BACKGROUND
4 The Dunedin (New Zealand) Masters Games Trust (the Trust) was established in 2007 primarily as a mechanism to attract external funding through grants funders and corporate sponsorship for the biennial New Zealand Masters Games held in Dunedin.
5 Although the Trust has an exempt status as a CCO, it still voluntarily meets the requirements of a CCO in terms of its reporting and accountability.
6 The New Zealand Masters Games is owned by The New Zealand Masters Games Limited. The Dunedin City Council (DCC) is one of two franchisees for the Masters Games, the other being the Whanganui (New Zealand) Masters Games Trust. The Dunedin (New Zealand) Masters Games Trust and the DCC have secured the New Zealand Masters Games for Dunedin until the end of 2036, with the event held biennially.
7 The DCC has delegated the management and co-ordination of the Dunedin Games to the Trust. The Dunedin Masters Games is the largest regularly occurring premier-level event in Dunedin. The Trust's objectives in managing the Games reflect the Council's Festivals and Events Plan 2018 – 2023 in relation to attracting visitors, visitor nights and visitor expenditure, and the Council's goals relating to recreational activity and participation.
8 The Trust is dependent on funding from sources external to the Council for the successful financial management of the Games. Therefore, much of its operational activity is focused on securing funding as well as attracting competitors who contribute through a registration fee. The Games attract repeat visitors to Dunedin and participants report high levels of satisfaction with the event and their stay in Dunedin. The total economic impact of hosting the 2024 event in Dunedin, comprising the direct, indirect and induced efforts, is estimated at $3.2 million.
9 The 2024 Masters Games will be held in Dunedin, 3 – 11 February 2024.
DISCUSSION
Statement of Intent
10 The updated Statement of Intent (SOI) is attached as Attachment A and Attachment B (tracked changes). In addition to the change of dates and update of the New Zealand Masters Games logo, the following changes have been made:
· The Financial Table in Section 7 has been changed to reflect the updated budget. (Note: In the 2022/23 year, funding is received for the games that are to be held in 2023/24. There is a deficit in year two because this is the year the games are held, and most costs are incurred during this year. Overall, it is expected that following their conclusion, the games will at least break even.)
· Section 8 (Reporting to Council) has been updated to align with the Trust Deed.
· Section 10 (Accounting Policies) has been amended to reflect New Zealand accounting standards as this is more appropriate.
Service Level Agreement
11 The updated Service Level Agreement (SLA) is attached as Attachment C and Attachment D (tracked changes). In addition to the change of dates, the following changes have been made:
· Section 1 (The Partners) has been updated to reflect the current demographic and remove outdated terminology
· Section 2 was updated to reflect an additional member on the Board of The New Zealand Masters Games Limited.
· SOI and SLA reporting requirements have been changed to align with current practice.
OPTIONS
Option One – Council approves the SOI and SLA (Recommended Option)
12 Under this option, Council approves the SOI and the SLA which incorporate changes that reflect the current status of the Games.
Advantages
· The management and co-ordination of the New Zealand Masters Games would continue as previously agreed. The Masters Games continues to provide economic value and add to the profile of the city.
· There is a clear agreement in place which outlines the roles and responsibilities of the Dunedin (New Zealand) Masters Games Trust and staff involved in managing and co-ordinating the Games.
· There are clear lines of reporting from the Trust to the Council, as outlined in the SOI and SLA.
Disadvantages
· No disadvantages have been identified.
Option Two – Council does not approve the updated SOI and SLA
13 Council does not approve the updated SOI and SLA for the Dunedin (New Zealand) Masters Games and the Trust operates without an updated SOI or SLA in place.
Advantages
· No advantages have been identified.
Disadvantages
· Masters Games will be operating with out of date documentation which does not reflect its current status.
NEXT STEPS
14 If the Council approves the recommendation, the SOI and SLA will be amended and continue to be implemented.
15 If the Council does not approve the recommendation, Council staff will work through a process with the Dunedin (New Zealand) Masters Games Trust to get an agreed SOI and SLA in place. This would then be presented to Council at a future meeting.
Signatories
Author: |
Vicki Kestila - Master Games Manager |
Authoriser: |
Dan Hendra - Team Leader - Events Simon Pickford - General Manager Community Services |
|
Title |
Page |
⇩a |
Statement of Intent 2023 - 2025 |
120 |
⇩b |
Statement of Intent - Tracked Changes |
127 |
⇩c |
Service Level Agreement 2023 - 2025 |
135 |
⇩d |
Service Level Agreement - Tracked Changes |
141 |
SUMMARY OF CONSIDERATIONS |
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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. |
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Fit with strategic framework
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. |
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Māori Impact Statement On 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. |
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Sustainability There are no known implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The funding for Masters Games is included within the 10 Year Plan and Annual Plan. |
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Financial considerations There is no financial considerations to the Council in supporting the recommended option. |
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Significance The decision in this report is assessed as low in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external There have been discussions with the Trust. |
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Engagement - internal There has been no internal engagement. |
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Risks: Legal / Health and Safety etc. There are no known health and safety or legal risks. |
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Conflict of Interest Cr Andrew Whiley has identified a potential conflict of interest and will not be participating in the decision. |
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Community Boards There are no known implications for Community Boards. |
Council 27 June 2023 |
Proposed Event Road Closures - July and August 2023
Department: Transport
EXECUTIVE SUMMARY
1 The DCC has received temporary road closure applications relating to the following events:
a) Brass Band Marching Competition
b) Mana Moana Event
c) City Activation FIFA – Octagon
d) City Activation All Blacks vs Australia – Octagon
e) Special Rigs for Special Kids
2 This report recommends that Council approves the temporary closure of the affected roads.
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) Brass Band Marching Competition
Date and Times:
Friday 7 July 2023, from 12.45pm to 2.30pm.
Roads:
· Princes Street, between Moray Place and the Octagon.
· Octagon Central Carriageway.
· George Street, between Octagon to Moray Place.
· Moray Place, between George Street and Filleul Street.
ii) Mana Moana Event
Dates and Times:
Friday 14, Saturday 15 and Sunday 16 July 2023, from 4.00pm to 9.30pm.
Roads:
· Fryatt Street, from Fish Street to Wharf Street.
Dates and Times:
Wednesday 12 July to Sunday 16 July 2023, all hours.
Roads:
· Birch Street carpark.
iii) City Activation FIFA – Octagon
Dates and Times:
Sunday 30 July and Monday 31 July 2023, from 7.00am to 7.00am.
Roads:
· The Lower Octagon, from George Street to Princes Street.
· Lower Stuart Street, from The Octagon to Moray Place.
Access will be available to Bath Street and the eastbound lane of Lower Stuart Street from Bath Street to Moray Place.
iv) City Activation All Blacks vs Australia – Octagon
Dates and Times:
Saturday 5 August and Sunday 6 August 2023, from 6.00am to 8.00am.
Roads:
· The Lower Octagon, from George Street to Princes Street.
· Lower Stuart Street, from The Octagon to Moray Place.
Access will be available to Bath Street and the eastbound lane of Lower Stuart Street from Bath Street to Moray Place.
v) Special Rigs for Special Kids
Date and Times:
Sunday 27 August 2023, from 6.00am to 6.00pm.
Roads:
· Midland Street, from Otaki Street to Portsmouth Drive.
· Otaki Street, from Midland Street to Teviot Street.
· Teviot Street, from Portsmouth Drive to Timaru Street will be temporarily closed for 20 minutes to allow the convoy to leave.
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 20 May 2023, the proposed temporary road closures were advertised in the Otago Daily Times (Attachment B) 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 The locations of these events have had identical road closures for the same or similar events in prior years without causing unreasonable delays to the travelling public.
13 The Events team have worked closely with stakeholders to ensure that disruption to the traveling public will be minimised during the FIFA event.
14 Emergency Services and Public transport services will be managed through the temporary traffic management process.
15 The temporary traffic management plan process ensures that other issues such as temporary relocation of certain parking (e.g. taxi, mobility and Authorised Vehicles only) are managed.
OPTIONS
16 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
17 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
18 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
19 Should the resolution be made to temporarily close the roads, Council staff will accept the temporary traffic management plans for each event and notify the public of the closures.
Signatories
Author: |
Leesa Seatter - Personal Assistant/Administration Team Leader - Transport Simon Smith - Asset and Funding Manager |
Authoriser: |
Jeanine Benson - Group Manager Transport Simon Drew - General Manager Infrastructure and Development |
|
Title |
Page |
⇩a |
Local Government Act 1974, Schedule 10 |
153 |
⇩b |
ODT Advertisement - 20 May 2023 |
158 |
SUMMARY OF CONSIDERATIONS
|
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Fit with purpose of Local Government This decision promotes the social and economic well-being of communities in the present and for the future. |
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Fit with strategic framework
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. |
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Māori Impact Statement There are no known impacts for Māori. |
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Sustainability There are no implications for sustainability. |
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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. |
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Financial considerations There are no financial implications. The cost of the proposed road closures is not a cost to Council. |
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Significance This decision is considered low in terms of the Council’s Significance and Engagement Policy. |
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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. |
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Engagement - internal There has been engagement with DCC Events, In-House Legal, and Transport. There is support for the events to proceed. |
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Risks: Legal / Health and Safety etc. There are no identified risks should the recommended resolution be made. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards There are no implications for Community Boards. |
|
Council 27 June 2023 |
Dunedin City Holdings Group Companies - Statements of Intent 2023/24
Department: Civic
EXECUTIVE SUMMARY
1 The 2023/24 Statements of Intent of Dunedin City Holdings Ltd (DCHL) have been adopted by their respective boards and endorsed by the board of DCHL. They incorporate feedback provided by the DCC as ultimate shareholder.
2 This report recommends that Council agrees to the Statements of Intent for DCHL and its Group companies for the 2023/24 year.
That the Council: a) Agrees to the 2023/2024 Statements of Intent of Dunedin City Holdings Ltd and its subsidiary and associate companies. |
BACKGROUND
3 Dunedin City Holdings Limited and its subsidiary and associate companies are required by law to prepare a Statement of Intent on an annual basis.
4 The draft 2023/24 Statements of Intent for Dunedin City Holdings Group companies were presented to Council at the meeting of the Finance and Council Controlled Organisations Committee held on 23 March 2023.
5 At that meeting, elected Members were asked to provide feedback on the draft Statements of Intent. Feedback received was considered at a meeting of the Finance and Council Controlled Organisations Committee held on 9 May 2023. The meeting resolved:
Moved (Chairperson Lee Vandervis/Cr Cherry Lucas):
That the Committee:
Instruct Dunedin City Holdings Ltd (DCHL) to make the following changes at a company level:
a) People and Culture, Diversity, Equity and Engagement strategies are put in place for all companies by 30 June 2024.
b) All companies to report on emissions over time against baseline data by 30 June 2024.
c) DCHL to develop a consistent approach to benchmark reporting across all companies.
The Committee voted by division.
For: Deputy Mayor Sophie Barker, Crs Christine Garey, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Mayor Jules Radich, Lee Vandervis, Steve Walker, Brent Weatherall and Andrew Whiley (12).
Against: Nil
The division was declared CARRIED by 12 votes to 0
Motion carried (FCCO/2023/018)
DISCUSSION
6 A report from Dunedin City Holdings Limited is provided at Attachment A. The report identifies changes made to the draft Statements of Intent, and how the companies have addressed the matters raised by council.
7 Final Statements of Intent have now been adopted by the boards of DCHL and its subsidiary and associate companies, and are presented to Council for agreement in accordance with section 65(2) of the Local Government Act.
Options8 Not applicable.
Signatories
Author: |
Sharon Bodeker - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
DCHL Cover Report - FY2024 Statements of Intent |
163 |
SUMMARY OF CONSIDERATIONS
|
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Fit with purpose of Local Government Preparation of Statements of Intent (SoIs) is a legislative requirement for Council Controlled Organisations. |
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Fit with strategic framework
All SoIs take in consideration the Council’s Strategic Framework, and the themes of Council’s Letter of Expectation to DCHL. |
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Māori Impact Statement There has been no engagement with Māori. |
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Sustainability Feedback provided by Councillors considered sustainability matters including waste reduction and reduction of carbon emissions. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no known implications. |
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Financial considerations The SoIs include a section on the anticipated financial performance and position. |
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Significance This report is considered low in terms of Council’s Significance and Engagement Policy. |
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Engagement – external There has been no external engagement outside of DCHL Group. |
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Engagement - internal Engagement with Council as ultimate shareholder was undertaken to provide feedback on the draft SoI’s. |
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Risks: Legal / Health and Safety etc. There are no known risks. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards There are no known implications for Community Boards. |
Council 27 June 2023 |
Adoption of the Annual Plan 2023/24
Department: Civic and Finance
EXECUTIVE SUMMARY
1 This report recommends the adoption of the Annual Plan 2023/24 (Annual Plan) and approval of matters associated with the Annual Plan.
That the Council: a) Notes the matters in section 100(2) of the Local Government Act 2002 being: i) the estimated expenses of maintaining the predicted levels of service, capacity and assets set out in the 10 year plan 2021-31; ii) the projected revenue available to fund the estimated expenses; iii) the equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life; and iv) Council’s Revenue and Financing Policy, Treasury Risk Management Policy, and Development Contributions Policy. b) Agrees that, having had regards to the matters in paragraph (a) above, it is financially prudent for Council to set for the 2023/24 financial year, projected operating revenues at a level that will not meet projected operating expenses. c) Notes in accordance with section 80 of the Local Government Act 2002 that: i) The decision to not fully fund the increase in depreciation, including 3 Waters, is inconsistent with Council’s Revenue and Financing Policy; and ii) The inconsistency arises from the revaluation of assets, and the uncertainty of timing of 3 Waters reform; and iii) The Revenue and Financing Policy and the Financial Strategy will be reviewed as part of the development of the 10 year plan 2024-34. d) Adopts the Annual Plan 2023/24. e) Authorises the Chief Executive to make any minor editorial changes resulting from quality checks prior to the final printing of the Annual Plan 2023/24 document. f) Authorises the Chief Executive to drawdown debt up to total debt of $600 million in the 2023/24 year. |
BACKGROUND
2 The Local Government Act 2002 (LGA) requires local authorities to prepare and adopt an annual plan for each financial year. The purpose of an annual plan is to provide the budget and funding impact statement for the year concerned and to identify any variation from the financial statements and funding impact statement included in the 10 year plan 2021-31 for that year.
3 The Annual Plan provides an update of year three of the 10 year plan 2021-31. The draft Annual Plan did not propose any significant changes to the 10 year plan, and while consultation was not required, Council agreed to a comprehensive engagement plan.
4 The engagement period ran from 31 March to 21 April 2023. The Council met in May 2023 to hear submissions, deliberate, and make final decisions on the draft 2023/24 budget.
DISCUSSION
5 The Annual Plan reflects the resolutions made by the Council during its meetings in February and May 2023. The rates increase is 6.6%.
6 The Annual Plan 2023/24 sets projected operating revenues at a level that will not meet projected operating expenses. Although councils should have a balanced budget under section 100(1) of the LGA, Council may set an unbalanced budget under section 100(2) of the LGA, where Council considers that it is financially prudent to do so.
7 Depreciation expense has increased by $31.533 million, mainly related to reticulation assets within 3 Waters. Previously the DCC valued its 3 Waters assets based on historical replacement costs indexed annually to reflect the cost/valuation for accounting purposes. Last financial year it was concluded that this methodology was no longer appropriate, and a methodology based on current replacement cost has been applied as at 30 June 2022. This change in methodology has seen an increase in cost/valuation for accounting purposes and comes with an increased level of depreciation.
8 There is no immediate ability for Council to fund the uplift in depreciation. Funding the depreciation increase alone would mean a rates increase of 17%. Given the reform environment and likely decisions about 3 Waters, it is not prudent to rate fund this increase at this time.
9 As part of the development of the 10 year plan 2024 – 34, the review of both the Financial Strategy and the Revenue and Financing Policy will take into consideration the inconsistencies that have arisen through the decision to not fully fund the increase in depreciation.
10 The financial statements are extrapolated from the 2021/22 Annual Report and a forecast year end position as at 30 June 2023.
11 For the purposes of adopting the Annual Plan 2023/2024, the financial statements include capital expenditure of $212.510 million as approved by Council at its meeting held 30 May 2023. This incorporates the accelerated Three Waters programme for years 1-3 of the 10 year plan 2021-2031.
12 DIA approval has been sought for this accelerated Three Waters capital programme including the associated increase in debt. Confirmation of this approval is pending, and an update will be provided at the meeting.
13 If the outcome of the DIA decision does not support the accelerated spend, options will be presented to a future meeting of Council for scaling back the Three Waters capital work programme, should Council wish to do so.
14 Debt is forecast to increase to $588.973 million in the 2023/24 year. Authority is sought to provide the Chief Executive with the appropriate delegation to drawdown debt up to a maximum of $600 million.
15 The adopted Annual Plan 2023/24 will require a full editorial quality check. This check will be completed within the statutory timeframes. Any required editorial changes can be achieved through delegating authority to approve editorial changes to the Chief Executive.
OPTIONS
16 The Council is legislatively required to adopt the Annual Plan 2023/24 before 1 July 2023, therefore there are no options applicable to this report.
NEXT STEPS
17 Once adopted the Annual Plan 2023/24 will be subject to final quality checks, graphic design and printed for public distribution in hard copy and on the Council’s website.
Signatories
Author: |
Sharon Bodeker - Manager Governance Carolyn Allan - Senior Management Accountant |
Authoriser: |
Gavin Logie - Chief Financial Officer Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
Annual Plan 2023/24 |
181 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government The development of the Annual Plan 2023/24 enables democratic local decision making and action by, and on behalf of communities; and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
The Annual Plan contributes to the strategic framework because it provides the necessary funding to implement the services and activities outlined in the 10 year plan 2021-31. |
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Māori Impact Statement The Annual Plan 2023/24 provides a mechanism for Māori to contribute to local decision-making. DCC works with Māori to ensure there is process for Māori collaboration across the Annual Plan work programme. |
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Sustainability Sustainability is an underlying principle of the DCC’s strategic framework. Activity in the Annual Plan 2023/24 supports the DCC to embed the principles of sustainability across DCC work outlined in the 10 year plan 2021-31. |
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10 year plan /Annual Plan / Financial Strategy /Infrastructure Strategy This report concludes the development of the Annual Plan 2023/24. |
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Financial considerations The financial considerations are detailed in the report. |
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Significance The Annual Plan does not propose any significant changes to the 10 year plan. Engagement on the draft plan was undertaken. |
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Engagement – external The Council engaged on the draft Annual Plan. |
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Engagement - internal Staff and managers from across the Council have been involved in the development of the Annual Plan 2023/24. |
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Risks: Legal / Health and Safety etc. The Council is legislatively required to adopt the Annual Plan before 1 July 2023. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards were involved in the Annual Plan engagement. Boards have submitted as part of the Annual Plan process.
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Council 27 June 2023 |
ko tō koromatua me kā kaikaunihera
mayor and councillors
Te Reo translation
Jules Radich (Mayor) Kevin Gilbert Jim O’Malley
Sophie Barker (Deputy Mayor) Carmen Houlahan Lee Vandervis
Bill Acklin Marie Laufiso Steve Walker
David Benson Pope Cherry Lucas Brent Weatherall
Christine Garey Mandy Mayhem Andrew Whiley
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Council 27 June 2023 |
Setting of Rates for the 2023/24 Financial Year
Department: Finance
EXECUTIVE SUMMARY
1 Following adoption of the Annual Plan 2023/24, the Council now needs to set the rates as provided for in the Funding Impact Statement for the 2023/24 year.
RECOMMENDATIONS That the Council: a) Sets the following rates under the Local Government (Rating) Act 2002 on rating units in the district for the financial year commencing 1 July 2023 and ending on 30 June 2024. 1 General Rate A general rate set under section 13 of the Local Government (Rating) Act 2002 made on every rating unit, assessed on a differential basis as described below: · A rate of 0.2566 cents in the dollar (including GST) of capital value on every rating unit in the "residential" category. · A rate of 0.2438 cents in the dollar (including GST) of capital value on every rating unit in the "lifestyle" category. · A rate of 0.6338 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category. · A rate of 0.4490 cents in the dollar (including GST) of capital value on every rating unit in the "residential heritage bed and breakfasts" category. · A rate of 0.2053 cents in the dollar (including GST) of capital value on every rating unit in the "farmland" category. · A rate of 0.0508 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. 2 Community Services Rate A targeted rate for community services, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $111.50 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories. · $111.50 (including GST) per rating unit for all rating units in the "commercial and stadium: 10,000+ seat capacity" categories. 3 Kerbside Recycling Rate A targeted rate for kerbside recycling, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $106.10 (including GST) per separately used or inhabited part of a rating unit for rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories. · $106.10 (including GST) per rating unit for rating units in the "commercial" category. 4 Drainage Rates A targeted rate for drainage, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $683.00 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories and which are "connected" to the public sewerage system. · $341.50 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories and which are "serviceable" by the public sewerage system. · $683.00 (including GST) per rating unit for all rating units in the "commercial, residential institutions, schools and stadium: 10,000+ seat capacity" categories and which are "connected" to the public sewerage system. · $341.50 (including GST) per rating unit for all rating units in the "commercial, residential institutions and schools" categories and which are "serviceable" by the public sewerage system. · $102.25 (including GST) per rating unit for all rating units in the "church" category and which are "connected" to the public sewerage system. Rating units which are not "connected" to the scheme and which are not "serviceable" will not be liable for this rate. Drainage is a combined targeted rate for sewage disposal and stormwater. Sewage disposal makes up 78% of the drainage rate, and stormwater makes up 22%. Non-rateable land will not be liable for the stormwater component of the drainage targeted rate. Rates demands for the drainage targeted rate for non-rateable land will therefore be charged at 78%. 5 Commercial Drainage Rates – Capital Value A targeted rate for drainage, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · A rate of 0.2354 cents in the dollar (including GST) of capital value on every rating unit in the "commercial and residential institution" category and which are "connected" to the public sewerage system. · A rate of 0.1177 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category and which are "serviceable" by the public sewerage system. · A rate of 0.1766 cents in the dollar (including GST) of capital value on every rating unit in the "school" category and which are "connected" to the public sewerage system. · A rate of 0.0883 cents in the dollar (including GST) of capital value on every rating unit in the "school" category and which are "serviceable" by the public sewerage system. · A rate of 0.0190 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. This rate shall not apply to properties in Karitane, Middlemarch, Seacliff, Waikouaiti and Warrington. This rate shall not apply to churches. Drainage is a combined targeted rate for sewage disposal and stormwater. Sewage disposal makes up 78% of the drainage rate, and stormwater makes up 22%. Non-rateable land will not be liable for the stormwater component of the drainage targeted rate. Rates demands for the drainage targeted rate for non-rateable land will therefore be charged at 78%. 6 Water Rates A targeted rate for water supply, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $517.00 (including GST) per separately used or inhabited part of any "connected" rating unit which receives an ordinary supply of water within the meaning of the Dunedin City Bylaws excepting properties in Karitane, Merton, Rocklands/Pukerangi, Seacliff, Waitati, Warrington, East Taieri, West Taieri and North Taieri. · $258.50 (including GST) per separately used or inhabited part of any "serviceable" rating unit to which connection is available to receive an ordinary supply of water within the meaning of the Dunedin City Bylaws excepting properties in Karitane, Merton, Rocklands/Pukerangi, Seacliff, Waitati, Warrington, East Taieri, West Taieri and North Taieri. · $517.00 (including GST) per unit of water being one cubic metre (viz. 1,000 litres) per day supplied at a constant rate of flow during a full 24 hour period to any "connected" rating unit situated in Karitane, Merton, Seacliff, Waitati, Warrington, West Taieri, East Taieri or North Taieri. · $258.50 (including GST) per separately used or inhabited part of any "serviceable" rating unit situated in Waitati, Warrington, West Taieri, East Taieri or North Taieri. This rate shall not apply to the availability of water in Merton, Karitane or Seacliff. 7 Fire Protection Rates A targeted rate for the provision of a fire protection service, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · A rate of 0.0670 cents in the dollar (including GST) of capital value on all rating units in the "commercial" category. This rate shall not apply to churches. · A rate of 0.0503 cents in the dollar (including GST) of capital value on all rating units in the "residential institutions" category. · A rate of 0.0077 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. · $155.10 (including GST) for each separately used or inhabited part of a rating unit within the "residential, residential heritage bed and breakfasts, lifestyle and farmland" category that is not receiving an ordinary supply of water within the meaning of the Dunedin City Bylaws. 8 Water Rates – Quantity of Water A targeted rate for the quantity of water provided to any rating unit fitted with a water meter, being an extraordinary supply of water within the meaning of the Dunedin City Bylaws, set under section 19 of the Local Government (Rating) Act 2002, according to the following scale of charges (GST inclusive):
Where the supply of a quantity of water is subject to this Quantity of Water Targeted Rate, the rating unit will not be liable for any other targeted rate for the supply of the same water. 9 Allanton Drainage Rate A targeted rate for the capital contribution towards the Allanton Wastewater Collection System, set under section 16 of the Local Government (Rating) Act 2002, of $411.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Allanton area is shown in the map below: 10 Blanket Bay Drainage Rate A targeted rate for the capital contribution towards the Blanket Bay Drainage System, set under section 16 of the Local Government (Rating) Act 2002, of $636.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Blanket Bay area is shown in the map below: 11 Curles Point Drainage Rate A targeted rate for the capital contribution towards the Curles Point Drainage System, set under section 16 of the Local Government (Rating) Act 2002, of $749.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Curles Point area is shown in the map below: 12 Tourism/Economic Development Rate A targeted rate for Tourism/Economic Development, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · 0.0087 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category. · 0.0011 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. 13 Warm Dunedin Targeted Rate Scheme A targeted rate for the Warm Dunedin Targeted Rate Scheme, set under section 16 of the Local Government (Rating) Act 2002, per rating unit in the Warm Dunedin Targeted Rate Scheme. The targeted rate scheme provides a way for homeowners to install insulation and/or clean heating. The targeted rate covers the cost and an annual interest rate. The interest rates have been and will be: Rates commencing 1 July 2013 and 1 July 2014 8% Rates commencing 1 July 2015 and 1 July 2016 8.3% Rates commencing 1 July 2017 7.8% Rates commencing 1 July 2018 7.2% Rates commencing 1 July 2019 6.8% Rates commencing 1 July 2020 5.7% Rates commencing 1 July 2021 4.4% 14 Private Street Lighting Rate A targeted rate for the purpose of recovering the cost of private street lights, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $156.80 (including GST) per private street light divided by the number of separately used or inhabited parts of a rating unit for all rating units in the "residential and lifestyle" categories in the private streets as identified in the schedule below. · $156.80 (including GST) per private street light divided by the number of rating units for all rating units in the "commercial" category in the private streets as identified in the schedule below.
Differential Matters and Categories b) Adopts the following differential categories for the 2023/24 financial year. The differential categories are determined in accordance with the Council's land use codes. The Council's land use codes are based on the land use codes set under the Rating Valuation Rules 2008 and are set out in Attachment A. In addition, the Council has established categories for residential institutions, residential heritage bed and breakfasts, the stadium: 10,000+ seat capacity, churches, and schools. 1 Differentials Based on Land Use The Council uses this matter to: · Differentiate the General rate. · Differentiate the Community Services rate. · Differentiate the Kerbside Recycling rate. · Differentiate the Private Street Lighting rate. · Differentiate the Tourism/Economic Development rate. · Differentiate the Fire Protection rate. The differential categories based on land use are: · Residential – includes all rating units used for residential purposes including single residential, multi-unit residential, multi-use residential, residential special accommodation, residential communal residence dependant on other use, residential bach/cribs, residential carparking and residential vacant land. · Lifestyle – includes all rating units with Council's land use codes 2, 20, 21, 22 and 29. · Commercial – includes all rating units with land uses not otherwise categorised as Residential, Residential Heritage Bed and Breakfasts, Lifestyle, Farmland or Stadium: 10,000+ seat capacity. · Farmland - includes all rating units used solely or principally for agricultural or horticultural or pastoral purposes. · Residential Heritage Bed and Breakfasts – includes all rating units meeting the following description: · Bed and breakfast establishments; and · Classified as commercial for rating purposes due to the number of bedrooms (greater than four); and · Either: · the majority of the establishment is at least 80 years old, or · the establishment has Heritage New Zealand Pouhere Taonga Registration, or · the establishment is a Dunedin City Council Protected Heritage Building as identified in the District Plan; and · The bed and breakfast owner lives at the facility. · Stadium: 10,000+ seat capacity – this includes land at 130 Anzac Avenue, Dunedin, Assessment 4026695, Valuation reference 27190-01403. 2 Differentials Based on Land Use and Provision or Availability of Service The Council uses these matters to differentiate the drainage rate and the commercial drainage rate. The differential categories based on land use are: · Residential – includes all rating units used for residential purposes including single residential, multi-unit residential, multi-use residential, residential special accommodation, residential communal residence dependant on other use, residential bach/cribs, residential carparking and residential vacant land. · Lifestyle - includes all rating units with Council's land use codes 2, 20, 21, 22 and 29. · Farmland - includes all rating units used solely or principally for agricultural or horticultural or pastoral purposes. · Commercial – includes all rating units with land uses not otherwise categorised as Residential, Residential Heritage Bed and Breakfasts, Lifestyle, Farmland, Residential Institutions, Stadium: 10,000+ seat capacity, Churches or Schools. · Stadium: 10,000+ seat capacity – this includes land at 130 Anzac Avenue, Dunedin, Assessment 4026695, Valuation reference 27190-01403. · Residential Heritage Bed and Breakfasts – includes all rating units meeting the following description: · Bed and breakfast establishments; and · Classified as commercial for rating purposes due to the number of bedrooms (greater than four); and · Either: · the majority of the establishment is at least 80 years old or · the establishment has Heritage New Zealand Pouhere Taonga Registration or · the establishment is a Dunedin City Council Protected Heritage Building as identified in the District Plan; and · The bed and breakfast owner lives at the facility. · Residential Institutions - includes only rating units with the Council's land use codes 95 and 96. · Churches – includes all rating units used for places of religious worship. · Schools - includes only rating units used for schools that do not operate for profit. The differential categories based on provision or availability of service are: · Connected – any rating unit that is connected to a public sewerage drain. · Serviceable – any rating unit that is not connected to a public sewerage drain but is capable of being connected to the sewerage system (being a property situated within 30 metres of a public drain). 3 Differentials Based on Provision or Availability of Service The Council uses this matter to differentiate the water rates. The differential categories based on provision or availability of service are: · Connected – any rating unit that is supplied by the water supply system. · Serviceable – any rating unit that is not supplied but is capable of being supplied by the water supply system (being a rating unit situated within 100 metres of the nearest water supply). Minimum Rates c) Approves that where the total amount of rates payable in respect of any rating unit is less than $5.00 including GST, the rates payable in respect of the rating unit shall be such amount as the Council determines but not exceeding $5.00 including GST. Low Value Rating Units d) Approves that rating units with a capital value of $8,500 or less will only be charged the general rate. Land Use Codes e) Approves that the land use codes attached to this report are adopted as the Council's land use codes for the purpose of the rating method. Separately Used or Inhabited Part of a Rating Unit f) Adopts the following definition of a separately used or inhabited part of a rating unit: "A separately used or inhabited part of a rating unit includes any portion inhabited or used by the owner/a person other than the owner, and who has the right to use or inhabit that portion by virtue of a tenancy, lease, licence, or other agreement. This definition includes separately used parts, whether or not actually occupied at any particular time, which are provided by the owner for rental (or other form of occupation) on an occasional or long term basis by someone other than the owner. For the purpose of this definition, vacant land and vacant premises offered or intended for use or habitation by a person other than the owner and usually used as such are defined as 'used'. For the avoidance of doubt, a rating unit that has a single use or occupation is treated as having one separately used or inhabited part." Lump Sum Contributions g) Approves that no lump sum contributions will be sought for any targeted rate. Rating by Instalments h) Approves the following schedule of rates to be collected by the Council, payable by four instalments. The City is divided into four areas based on Valuation Roll Numbers, as set out below:
Area 4 comprises ratepayers with multiple assessments who pay on a schedule. Due Dates for Payment of Rates i) Approves the due dates for all rates with the exception of water rates, which are charged based on water meter consumption, will be payable in four instalments due on the dates below:
Water meter invoices are sent separately from other rates. Where water rates are charged based on metered consumption using a meter other than a Smart Water Meter, invoices are sent on a quarterly or monthly basis and the due date for payment shall be on the 20th of the month following the date of the invoice as set out in the table below:
Where water rates are charged based on consumption calculated using a Smart Water Meter, invoices will be sent out on a monthly basis, with the due date being on the 20th of the month. Penalties j) Resolves to charge the following penalties on unpaid rates: 1 A charge of 10% of the unpaid rates instalment will be added to the amount of any instalment remaining unpaid the day after the instalment due date set out above. 2 Where a ratepayer has not paid the first instalment by the due date of that instalment, and has paid the total rates and charges in respect of the rating unit for the 2023/24 rating year by the due date of the second instalment, the 10% additional charge for the first instalment shall be remitted. 3 For amounts levied in any previous financial year and which remain unpaid on 1 October 2023, 10% of that sum shall be charged, including additional charges (if any). 4 For amounts levied in any previous financial year and which remain unpaid on 1 April 2024, 10% of that sum shall be charged, including additional charges (if any). Assessing and Recovering Rates k) Approves that the Chief Executive Officer, Chief Financial Officer and Rates and Revenue Team Leader be authorised to take all necessary steps to assess and recover the above rates. |
BACKGROUND
2 The Annual Plan 2023/24 provides an update of year three of the 10 year plan 2021-31. The draft budget did not propose any significant changes to the 10 year plan, and while consultation was not required, comprehensive engagement was undertaken.
DISCUSSION
3 The rating method for the 2023/24 year incorporates the following changes:
· An increase in the community services targeted rate from $103.50 to $111.50.
· The differentiated stadium: 10,000+ capacity rates have been increased by the June 2022 Local Government Cost Index of 7.6%.
Limit on "Fixed" Charging
4 Section 21 of the Local Government (Rating) Act 2002 includes a limit on certain rates. In any one year, the Council may not collect more than 30% of its total rates revenue by way of:
· Any uniform annual general charge.
· Any targeted rate that is calculated as a fixed amount per rating unit or separately used or inhabited part of a rating unit (and which is not used solely for water supply or sewage disposal).
5 The Council does not use a uniform annual general charge. The relevant targeted rates for the 2023/24 year are the kerbside recycling rate, the community services rate and the drainage fixed charge. These rates equate to 20% of total rates revenue.
OPTIONS
6 The option provided is to set rates in accordance with the Local Government Act 2002 and the Local Government (Rating) Act 2002 in order to provide rates funding in the 2023/24 year in accordance with the 2023/24 budget.
NEXT STEPS
7 The Council can now set and assess the rates described in its Funding Impact Statement.
Signatories
Author: |
Carolyn Allan - Senior Management Accountant |
Authoriser: |
Gavin Logie - Chief Financial Officer |
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Title |
Page |
⇩a |
Land Use Code |
294 |
SUMMARY OF CONSIDERATIONS |
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
This decision fits with the strategic framework because it provides the necessary rates funding to implement the activities outlined in the Annual Plan 2023/24. |
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Māori Impact Statement The 10 year plan and Annual Plan provides a mechanism for Māori to contribute to local decision-making. The Council’s engagement with Mana Whenua and Mātāwaka is an ongoing and continuous process. |
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Sustainability There are no implications for sustainability. |
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10 year plan /Annual Plan / Financial Strategy /Infrastructure Strategy The Council has adopted the Annual Plan 2023/24 and can now set and assess the rates described in its Funding Impact Statement for the 2023/24 year. |
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Financial considerations The Council has adopted the Annual Plan 2023/24 and can now set and assess the rates described in its Funding Impact Statement. |
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Significance The decision sets the rates for the 2023/24 year as outlined in the Annual Plan 2023/24. |
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Engagement – external Community engagement was undertaken on the draft budget. |
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Engagement - internal Internal engagement has occurred with staff in the relevant departments. |
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Risks: Legal / Health and Safety etc. Legal risks were considered, and appropriate advice sought. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards may be interested in this report and were involved in the Annual Plan 2023/24 engagement.
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Council 27 June 2023 |
Notice of Motion - Support for University of Otago
EXECUTIVE SUMMARY
1 In accordance with Standing Order 26.1, the following Notice of Motion was received from Cr David Benson-Pope and seconded by Cr Carmen Houlahan at least five clear working days before the meeting, for inclusion on the agenda for the meeting being held on Tuesday, 27 June 2023:
That the Council: a) Receives the Notice of Motion. |
Attachments
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Title |
Page |
⇩a |
Notice of Motion - University of Otago |
298 |
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Council 27 June 2023 |
Resolution to Exclude the Public
That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:
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.