Agenda of Council - Tuesday, 29 August 2023

Council

29 August 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 25 July 2023, commencing at 10.00 am

PRESENT

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

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)), Claire Austin (General Manager Customer and Regulatory), Simon Pickford (General Manager Community Services), Simon Drew (General Manager Infrastructure and Development), John Christie (Manager Enterprise Dunedin), Louise van de Vlierd (Manager Visitor Centre) and Clare Sullivan (Principal Committee Advisor).

Governance Support Officer Lynne Adamson

1 Opening

The meeting opened with a prayer from Sean Toomey on behalf of the local Catholic Community. Mercy Parish.

2 Public Forum

2.1 Zero Carbon Plan

Jenn Shulzitski spoke on the zero carbon plan, climate change and initiatives that would have more impact on achieving the 2030 goal than recycling which was No. 60 on the list of solutions.

2.2 350 Aotearoa

Nicola Campbell and Kate Kirkwood spoke on behalf of 350 Ōtepoti on climate change and initiatives which could be undertaken by Council to work towards their goal to reduce carbon emissions.

Ms Campbell and Ms Kirkwood responded to questions.

2.3 Parking

Hazel Salter and Karen Anderson spoke on behalf of the Dunedin Area Citizens Association on concerns they had with parking in Dunedin.

3 APOLOGIES

Moved (Mayor Jules Radich/Cr Sophie Barker):

That the Council:

Accepts the apologies from Crs Carmen Houlahan, Steve Walker and Andrew Whiley for absence and from Cr Kevin Gilbert for early departure.

Motion carried (CNL/2023/165)

Cr Benson-Pope left the meeting at 10.24 am

ACKNOWLEDGEMENT OF COMMUNITY BOARD MEMBER

The Mayor acknowledged the recent passing of Brian Miller, a member of the Mosgiel Taieri Community Board and spoke of his strong community advocacy.

Mr Radich thanked Mr Miller for his service and extended condolences and sympathy to Mr Miller’s family, friends and those who knew him.

4 CONFIRMATION OF AGENDA

Moved (Mayor Jules Radich/Cr Sophie Barker):

That the Council:

Confirms the agenda without addition or alteration

Motion carried (CNL/2023/166)

Cr David Benson-Pope returned to the meeting at 10.26 am.

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.

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

a) Notes the Elected Members' Interest Register; and

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

c) Notes the proposed management plan for the Executive Leadership Team’s Interests

Motion carried (CNL/2023/167)

6 Confirmation of Minutes

6.1 Ordinary Council meeting - 27 June 2023

Moved (Mayor Jules Radich/Cr Brent Weatherall):

That the Council:

a) Confirms the public part of the minutes of the Ordinary Council meeting held on 27 June 2023 as a correct record.

Motion carried (CNL/2023/168)

Reports

7 Actions From Resolutions of Council Meetings
	A report from Civic provided an update on the implementations of resolutions made at Council meetings.
	The Chief Executive Officer (Sandy Graham) responded to questions.
	Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: a) Notes the Open and Completed Actions from resolutions of Council meetings. Motion carried (CNL/2023/169)

8 Forward Work Programme for Council - July 2023
	A report from Civic provided the updated forward work programme for the 2022-2023 year.
	The Chief Executive Officer (Sandy Graham) responded to questions.
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council: a) Notes the updated Council forward work programme. Motion carried (CNL/2023/170)

9 DCC submission on the Draft Tourism Environment Action Plan 2023
	A report from Enterprise Dunedin sought Council approval for a Dunedin City Council submission on the Draft Tourism Environment Action Plan.
	The Manager Enterprise Dunedin (John Christie) and Manager Visitor Centre (Louise van de Vlierd) spoke to the report and responded to questions.
Moved (Mayor Jules Radich/Cr Marie Laufiso): That the Council: Adjourns the meeting for 5 minutes. Motion carried The meeting adjourned at 10.35 am and reconvened at 10.40 am.
	Moved (Cr Sophie Barker/Cr Kevin Gilbert): That the Council: a) Approves the draft submission, with the following amendments, to the Ministry of Business, Innovation and Employment on the Draft Tourism Environment Action Plan. - Add to paragraph 11 “that Council strongly supports the scaling of inter-regional passenger transport.” - Add to paragraph 15 “and advocates for the creation of a Ministry of Tourism with appropriate funding.” b) Authorises the Chief Executive to make any minor editorial changes to the submission. Motion carried (CNL/2023/171) with Cr Lee Vandervis recording his vote against

10 LGNZ Annual General Meeting Remits
	A report from Civic noted that the Local Government New Zealand 2022 Annual General Meeting would be held on Wednesday 26 July 2023, in Christchurch. At the meeting, there would be consideration given to 11 remits that have been submitted by local authorities. The Council needed to determine which (if any) of the remits it wished to support. The DCC delegate would vote on DCC’s behalf on each remit.
	The Chief Executive Officer (Sandy Graham) and Principal Policy Advisor (Clare Sullivan) spoke to the report and responded to questions on the remits.
	Moved (Cr Sophie Barker/Cr Jim O'Malley): That the Council: a) Delegates to the voting delegate (the Mayor) the authority to determine the DCC’s voting position for the remits submitted to the LGNZ AGM in line with Council policy as appropriate.
Moved (Mayor Jules Radich/Cr Marie Laufiso): That the Council: Adjourns the meeting for five minutes. Motion carried The meeting adjourned at 11.17 am and reconvened at 11.27 am.
	An amendment was moved (Cr David Benson-Pope/Cr Cherry Lucas): That the Council: Amends the resolution to read: That the Council: a) Delegates to the voting delegate (the Mayor) the authority to determine the DCC’s voting position for the remits submitted to the LGNZ AGM where there was no Council policy or direction in place. Division The Council voted by division For: Crs David Benson-Pope, Christine Garey and Marie Laufiso (3). Against: Crs Bill Acklin, Sophie Barker, Kevin Gilbert, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall and Mayor Jules Radich (9). Abstained: Nil The division was declared LOST by 3 votes to 9
	The substantive motion was then put: Moved (Cr Sophie Barker/Cr Jim O'Malley): That the Council: a) Delegates to the voting delegate (the Mayor) the authority to determine the DCC’s voting position for the remits submitted to the LGNZ AGM in line with Council policy as appropriate. Motion carried (CNL/2023/172)

11 Dunedin City Holdings Limited Share Capital
	A report from the Executive Leadership Team advised that the current DCC Group borrowing arrangements required the level of Dunedin City Holdings Limited uncalled share capital to be greater than DCC Group debt. The report sought approval to increase the uncalled capital from the current $1.200 billion to $1.600 billion. That level of uncalled capital aligned with the forecast group debt as at 30 June 2026 as set out in the approved 2023/2024 Statement of Intent for Dunedin City Holdings Limited.
	The Chief Financial Officer (Gavin Logie) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Brent Weatherall): That the Council: a) Approves the required increase in share capital of Dunedin City Holdings Limited to provide $1.600 billion of uncalled capital. b) Authorises the Dunedin City Council to execute the required shareholder resolution(s) and associated documents to achieve the increase in share capital noted in (a). c) Notes that this level of uncalled capital aligned with the forecast group debt as at 30 June 2026 as set out in the approved 2023/2024 Statement of Intent for Dunedin City Holdings Limited. Motion carried (CNL/2023/173) with Cr Lee Vandervis recording his vote against

12 Appointment of Hearing Panel for Speed Management Plan
	A report from the Chairperson, Hearings Committee advised that a Draft Dunedin Speed Management Plan would be presented to the 15 August 2023 Infrastructure Services Committee, to seek approval to consult on the draft Plan. The purpose of the report was to establish a hearing panel to consider all submissions received, hear from those submitters who wished to present, and make recommendations on the Plan to the October 2023 Infrastructure Services Committee.
	The Chairperson, Hearings Committee (Cr Jim O’Malley) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Appoints Cr O’Malley (Chair), Cr Lucas, Cr Whiley, with Cr Mayhem and Cr Weatherall as substitutes if needed, to the hearing panel for the Draft Dunedin Speed Management Plan. Motion carried (CNL/2023/174)

13 Proposed Event Road Closures - August and September 2023
	A report from Transport sought approval for temporary road closure applications relating to the following events: a) August Graduation Parade b) September Graduation Parade c) 2023 Emerson’s Dunedin Marathon
	The General Manager Infrastructure and Development (Simon Drew) spoke to the report and responded to questions.
	Moved (Cr David Benson-Pope/Cr Bill Acklin): 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) August Graduation Parade Dates: Saturday, 19 August 2023 Roads and Times: From 11.00am to 11.30am: · Moray Place, between Lower Stuart and Burlington Streets From 11.10am to 12.30pm: · Moray Place, between George and Upper Stuart Streets · Filleul Street, between Moray Place and St Andrew Street Parade Route from 11.20am to 11.45am: · Moray Place, between Burlington and Princes Streets · Princes Street, between Moray Place and the Octagon · Octagon Central Carriageway · George Street, between Octagon to Moray Place Roads will reopen as the Parade clears. ii) September Graduation Parade Dates: Friday, 15 September 2023 Roads and Times: From 10.30am to 11.00am: · Moray Place, between Lower Stuart and Burlington Streets From 10.40am to 12.00pm: · Moray Place, between George and Upper Stuart Streets · Filleul Street, between Moray Place and St Andrew Street Parade Route from 10.50am to 11.15: · Moray Place, between Burlington and Princes Streets · Princes Street, between Moray Place and the Octagon · Octagon Central Carriageway · George Street, between Octagon to Moray Place Roads will reopen as the Parade clears. iii) 2023 Emerson’s Dunedin Marathon Date: Saturday, 9 September 2023 to Sunday, 10 September 2023 Roads and Times: From 6:00pm, Saturday 9^th September to 3:00pm Sunday 10^th September: · Ward Street overbridge (Emersons side on and off ramp) From 8.45am to 1.00pm, Sunday 10^th September: · Portobello Road, from Shore Street to Marne Street · Fryatt and Wickliffe Streets, full length From 9.00am to 1.00pm, Sunday 10^th September: · Kitchener and Birch Streets, full length · Anzac Avenue, from Union Street East to Butts Road · Logan Park Drive, full length Motion carried (CNL/2023/175)

Resolution to exclude the public

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Ordinary Council meeting - 27 June 2023 - Public Excluded		.
C2 Confidential Council Actions from Resolutions at Council Meetings	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3 Confidential Council Forward Work Programme - July 2023	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C4 LGNZ Annual General Meeting Election for Officeholders	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Property Update - Inner City Site	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential to protect Council's position in respect of the negotiations for a proposed property sale..
C6 Potential Property Upgrade	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C7 Property Update - Midland Street	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.

Motion carried (CNL/2023/176)

The meeting adjourned at 11.56 am and moved into confidential.

The meeting ended at 2.16 pm.

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

MAYOR

Council

29 August 2023

Draft Zero Carbon Plan 2030

Department: Sustainability Group and Corporate Policy

EXECUTIVE SUMMARY

1 The purpose of this report is to present the draft Zero Carbon Plan 2030 (Attachment A) for Council consideration, and a draft Implementation Plan 2023/24 (Attachment B).

2 Council resolutions over several years have led to the development of a draft Zero Carbon Plan 2030 (the Plan).

3 The Plan sets out the overall shifts Dunedin as a city will need to make to become a Zero Carbon city, and action areas for the Dunedin City Council (DCC). Achieving the city’s targets will involve a wide range of government, community and business stakeholders: DCC leadership is essential, but partnerships and community activation are also critical to success.

4 The modelling underpinning the Plan takes into account actions and targets already committed to by third parties (including central government and industry bodies). In recent years there has been significant and growing central government support for the transition. The DCC and all other actors need to pull all available levers as hard as credibly possible to achieve Plan targets.

5 There are many co-benefits to the action areas in the Plan. Co-benefits span all four wellbeings. Many actions will reduce costs in the medium term, but there will be upfront costs especially for owners of assets/infrastructure.

6 Delivery of the Plan, if adopted by Council, will have implications for work programmes across the organisation. The report considers next steps. Actions the DCC can progress within existing budgets for 2023/24 are set out in a 2023/24 Zero Carbon Implementation Plan (Attachment B).

RECOMMENDATIONS

That the Council:

a) Adopts the Zero Carbon Plan 2030

b) Delegates authority to the Chief Executive Officer to incorporate minor editorial amendments

c) Notes the Zero Carbon Implementation Plan 2023/24

d) Notes that next steps include

i) production of a public-facing version of the Plan

ii) giving effect to the Zero Carbon Implementation Plan 2023/24

iii) a report seeking direction on the range and scope of Zero Carbon Implementation Plan investment options Council wishes to consider for the period 2024-34

iv) development of Zero Carbon Implementation Plan investment options for consideration by Council as part of 10 Year Plan 2024-34.

BACKGROUND

7 Several resolutions of Council initiated development of the Plan and informed its direction.

Zero Carbon 2030 targets and Plan

8 In June 2019, Council declared a climate emergency and moved to bring forward the existing emissions target for the city, as follows:

Moved Cr Hawkins / Cr Laufiso

That the Council:

a) Declares a Climate Emergency.

b) Acknowledge that all levels of central government need to act.

c) Agrees that a business-as-usual transition to a low carbon economy is inadequate.

d) Develops a Climate Emergency Plan that:

i) Sets a city target of net zero carbon by 2030, with interim milestones;

ii) Quantifies the actions available to Council, community and central government to ensure these targets are met.”

Division

The Council voted by division:

For: Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie Laufiso, Damian Newell, Jim O'Malley, Kate Wilson and Mayor Dave Cull (9).

Against: Crs Doug Hall, Mike Lord, Conrad Stedman, Lee Vandervis and Andrew Whiley (5).

Abstained: Nil

The division was declared CARRIED by 9 votes to 5

Motion carried (CNL/2019/154)

9 Dunedin’s emission reduction targets (‘Zero Carbon targets’), as amended by the June 2019 resolution, are as follows:

· net zero emissions of all greenhouse gases other than biogenic methane by 2030

· 24% to 47% reduction below 2017 biogenic methane emissions by 2050, including a 10% reduction below 2017 biogenic methane emissions by 2030.

Interim Guiding Principles for the Zero Carbon work programme

10 In February 2022, Council adopted working principles to guide Plan development and other aspects of the work programme.

Moved (Cr Steve Walker/Cr Chris Staynes):

That the Council:

a) Approve the proposed interim working principles for the Zero Carbon work programme.

b) Note the proposed approach to creating the emissions reduction plan for Dunedin city.

Motion carried (CNL/2022/004) with Cr Lee Vandervis recording his vote against

11 The guiding principles are as follows:

a) Uphold the Treaty of Waitangi
We acknowledge our Treaty of Waitangi responsibilities and are committed to working in partnership to provide opportunities for Mana Whenua and Mataawaka to contribute to decision making processes and to have an active role in the city’s climate mitigation.

b) Collaborative, constructive, and transparent
We work in an open and transparent way alongside the local community, business, and organisations.

c) Consider different spheres of influence
We take action on what we can control directly, and work to influence areas outside of our control (for example, through advocacy to central government).

d) Thinking long-term
We take a long-term view to 2030 and beyond, considering the interests of future as well as current communities. Dunedin will need to adopt actions that not only set it on a path to meet emissions reduction targets, but which sustain achievement of those targets beyond 2030. Meeting these goals requires a long-term view of investments and infrastructure developments. We also acknowledge the uncertainty of the future and work in a flexible, adaptable manner.

e) Maximise co-benefits for people, planet, and economy
We consider the impact of different approaches on equity and wellbeing, the environment, and the economy. We seek opportunities for co-benefits and consider how any negative impacts could be mitigated.

f) Considering value
We prioritise actions with higher value, accounting where possible for the costs and consequences of both action and inaction.

g) Evidence-led
We utilise data and evidence, and strive to follow international best practice. We acknowledge the urgency of climate change mitigation and are committed to contributing to global efforts to limit warming to 1.5°C.

Adoption of a Zero Carbon Policy for DCC

12 In June 2022, Council adopted a Zero Carbon Policy for the DCC:

Moved (Cr Steve Walker/Cr Christine Garey):

That the Council:

a) Adopts the Zero Carbon Policy.

b) Notes that this replaces the Carbon Management Policy 2017.

Division

The Council voted by division.

For: Crs Sophie Barker, David Benson-Pope, Rachel Elder, Christine Garey, Carmen Houlahan, Marie Laufiso, Jim O'Malley, Chris Staynes, Steve Walker and Mayor Aaron Hawkins (10).

Against: Crs Mike Lord, Jules Radich, Lee Vandervis and Andrew Whiley (4).

Abstained: Nil

The division was declared CARRIED by 10 votes to 4

Motion carried (CNL/2022/049)

13 The Zero Carbon Policy informed Plan development, with key provisions including:

a) “The DCC seeks to reduce emissions in a manner that is consistent with limiting global warming to no more than 1.5°C above pre-industrial levels, including by achieving or exceeding adopted city-wide emissions reduction targets and the DCC organisational targets.”

b) “In pursuit of targets, the DCC will prioritise gross emissions reduction.”

c) “The DCC will prefer options that contribute most to city-wide emissions reduction targets.”

National context

14 In addition to responding to Council direction, Plan development considered national direction for emissions reduction, including priorities in specific sectors (such as waste and transport). The relevant national direction is outlined briefly in each chapter of the Plan. Modelling incorporated actions and targets that central government and other relevant industry peak bodies have committed to.

Plan development process

15 The Plan development process is summarised below. The briefing slides included as Attachment C provide a visual guide to key inputs and steps in this process, and some examples of action areas to illustrate how they have been built out.

16 The Plan development process included key elements as follows:

a) Best practice review of other cities’ and iwi plans
Over 16 plans were reviewed to provide insights into plan development.

b) Emissions pathways modelling
A model used by a number of other territorial authorities was employed to determine the order of magnitude of emissions reduction required in each sector to achieve Zero Carbon targets. The populated model has been reviewed by external technical experts. Key findings of the model are discussed in paragraph 17-21 below.

c) Public, expert and stakeholder engagement
Engagement to inform Plan development focused on understanding barriers and opportunities to emissions reduction for residents, organisations and businesses. Staff conducted a public survey that received over 1300 responses and spoke directly with over 50 community groups, businesses and organisations. Feedback received by the DCC from the public via other avenues was also taken on board (e.g. Annual Plan submissions, Future Development Strategy engagement, public form presentations). Engagement also involved a range of subject matter experts. Insights and suggestions have been incorporated into the Plan. Key findings from engagement are discussed in more detail in paragraph 23.

d) Working with teams across the DCC, and key stakeholders
In preparing the Plan, the Zero Carbon team have worked closely with teams across the organisation and other key stakeholders e.g. Zero Carbon Alliance partners. Collaborative work included considering the emissions reduction potential of existing plans and actions, as well as plans and actions that are currently in development. It also involved identifying additional actions that might be required to support achievement of targets, and subsequent review of Plan content.

e) Research and insights on key shifts
Research and analysis was undertaken to inform the identification of key shifts required in each of the city’s sectors. Sources included academic articles and articles by experts in relevant fields, researching interventions in other cities/countries, and understanding current actions or strategic priorities at a national/regional level.

f) Developing and applying a measurement framework for action areas
Identified action areas for the DCC have been assessed to determine current status/resourcing, emissions reduction potential, co-benefits potential, feasibility, and ability to be delivered in a way that aligns with mana whenua values. Potential partners and co-funders have been considered where applicable.

g) Testing Plan content
The Plan content has been reviewed by internal and external experts and key stakeholders. The Plan modelling has also been externally reviewed.

DISCUSSION

The Plan identifies both key shifts for the whole city, and action areas for the DCC

17 While DCC leadership is essential, achieving the city’s targets will involve a wide range of stakeholders - all actors need to pull all available levers as hard as credibly possible. The Plan seeks to reflect this by considering two scales: the changes needed at the ‘whole of city’ level, and the actions the DCC can take to support these changes.

a) ‘Whole of city’ level: The Plan explains key shifts required within the city to achieve Zero Carbon targets. Achieving these shifts will require input from many actors (including central government, industries, business, households, individuals, and the DCC).

b) Actions the DCC can take: The Plan also identifies specific action areas for the DCC to help achieve these shifts. Action areas include a range of roles for the DCC, including as an asset owner or service provider, as a regulator, in partnership and support as a funder or collaborator, and less direct roles through advocacy.

Key findings from emissions pathway modelling

18 The DCC’s modelling shows that achieving Dunedin’s Zero Carbon targets will involve significant changes across all sectors.

a) Net zero emissions excluding biogenic methane can be achieved with an overall 40% reduction in all other greenhouse gases, and a 64% increase in sequestration (compared with 18/19 levels).

b) Ōtepoti Dunedin can exceed its biogenic methane target, reducing emissions 15% (compared with 18/19 levels).

19 The gross emissions reduction achieved in Plan modelling falls short of a science-based ‘fair share’ approach that would see Ōtepoti Dunedin reducing its emissions 61% below 2018/19 levels by 2030. Achieving this would require further work to find more gross emissions reduction opportunities.

20 The increase in the level of sequestration modelled in the Plan is broadly aligned with the level of sequestration that He Pou a Rangi Climate Change Commission has modelled as being necessary to achieve national targets over the same period.

21 The gross emissions reduction achieved in Plan modelling sits in the middle of the range of targets adopted by many other New Zealand cities:

Council	Base year	2030 gross reduction target
Wellington City Council	2020	57% reduction*
Auckland Council	2016	50% reduction*
Christchurch City Council	2016/17	50% reduction
Hutt City Council	2016/17	50% reduction*
Queenstown Lakes District Council	2019	44% reduction*
*Draft Zero Carbon Plan (Dunedin City Council)*	*2018/19*	40% reduction*
Hamilton City Council	2018/19	30% reduction*
Palmerston North City Council	2016/17	30% reduction

* biogenic methane reductions aligned with central government targets, or are a minor part of footprint (most territorial authorities do not have significant agricultural emissions).

22 Making direct comparisons between the degree of reduction included in each city plan is difficult because of the varied approaches to plan development. Some plans do not explicitly reference sector modelling; others have different base years, used different models to inform plan development, or are seeking to address different emissions sources.

Key findings from public engagement

23 Public engagement included a public survey that received over 1300 responses and conversations with over 50 community groups. Key findings from public and stakeholder engagement include:

a) People would like Dunedin to have better public and active transport, and better waste systems.

b) There are a lot of barriers for people to adopting lower carbon lifestyles. These barriers differ across communities, both geographic and demographic, but there are common themes.

c) Barriers include limitations of infrastructure and services, and also personal time, capability, knowledge and/or finances.

d) People and businesses seeking to innovate around solutions also identify barriers, especially access to funding/support, and access to land/buildings.

e) Providing clear information, and working directly with schools and communities, will be essential for success.

f) DCC leadership is essential, but partnerships and community activation are also critical to success.

Implementing the Plan

24 Implementing the Plan, if adopted by Council, will have implications for work programmes across the DCC. A Zero Carbon Implementation Plan 2023/24 is Attachment B.

a) All 2023/24 actions included can be progressed within existing budgets.

b) Only actions that will either commence or be progressed during the 2023/24 year are included. Actions that will commence in 2024/25 or subsequent years are not included, irrespective of funding status.

c) Where actions are ongoing, or will be only partially completed during 2023/24, this is indicated.

25 Co-benefits of DCC actions have been considered as part of Plan development. Implementing DCC actions will have many co-benefits, spanning all four wellbeings. For example, reducing fossil fuels burnt can have positive impacts on air quality, with subsequent benefits for social (public health) and environmental wellbeing. Similarly, enabling active transport can have positive impacts on public health and reduce transport costs for households. Across all action areas in the Plan, the most numerous co-benefits are for social wellbeing. There are also many positive co-benefits for economic and environmental wellbeing, and fewer for cultural wellbeing.

26 Many actions will reduce costs in the medium term, but there will be upfront costs especially for owners of assets/infrastructure. Giving effect to DCC action areas included in the Plan will have implications for the DCC’s 10 Year Plan 2024-34. Zero Carbon Implementation Plan investment options for 2024-34 will be presented for Council consideration as part of 10 Year Plan development.

Communicating the Plan

27 Subject to Council adoption of the Plan, staff will also produce a shorter, public-facing version of the Plan, and accessible web-based communications associated with the Plan. This public-facing version of the Plan will include:

a) narrative components

b) graphic elements, including to illustrate what a typical Dunedin resident might experience over the term of the Plan

c) accessible explanations of some concepts in the Plan, and

d) additional emphasis on community stories and profiles.

28 In broader terms, the Zero Carbon Implementation Plan for 2023/24 includes developing and implementing a Zero Carbon community outreach, engagement and activation plan, building on the engagement and partnerships the DCC has started building through the Plan development phase.

OPTIONS

29 Two options have been identified.

Option One – Adopt the Zero Carbon Plan 2030 (Recommended Option)

30 Under this option, Council would adopt the Plan.

31 Following Council adoption of the Plan, next steps would include:

a) production of a public-facing version of the Plan

b) giving effect to the Zero Carbon Implementation Plan 2023/24

c) development of Zero Carbon Implementation Plan investment options for 2024-2034 to be considered as part of 10 Year Plan development.

Advantages

· Enables coordinated action to be taken to reduce Dunedin’s emissions in line with previous Council resolutions.

· Enables DCC to meet global Covenant of Mayors commitments.

· Helps to deliver on stakeholder and public expectations of DCC action and leadership to reduce city emissions.

Disadvantages

· Giving effect to DCC action areas included in the Plan will have implications for the DCC’s 10 Year Plan 2024-34. Resourcing implications will need to be considered through the 10 Year Plan development process.

Option Two – Do not adopt the Zero Carbon Plan 2030 (Status Quo)

32 Under this option, Council would not adopt the Plan.

Advantages

· If the Plan is not adopted, there would be no need for Council to consider associated resourcing requirements through the 10 Year Plan 2024-34 development process.

Disadvantages

· It is highly likely that Dunedin’s Zero Carbon targets will not be achieved.

· The city will not fulfil its commitments under the Global Covenant of Mayors.

· Stakeholder and public expectations of DCC action and leadership to reduce city emissions are unlikely to be fulfilled.

NEXT STEPS

33 Subject to Council adoption of the Plan, next steps include:

a) production of a public-facing version of the Plan

b) giving effect to the Zero Carbon Implementation Plan 2023/24

c) a report to the September Council meeting seeking direction on Zero Carbon Implementation Plan investment options to inform the development of the draft 10 year plan budgets.

d) development of Zero Carbon Implementation Plan investment options for consideration by Council as part of 10 Year Plan 2024-34.

Signatories

Author:

Rory McLean - Senior Policy Analyst

Florence Reynolds - Senior Policy Analyst, Zero Carbon

Jinty MacTavish - Principal Policy Advisor Sustainability

Authoriser:

Robert West - General Manager Corporate and Quality

Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇨a	Draft Zero Carbon Plan 2030 (Under Separate Cover 1)
⇨b	Draft Zero Carbon Implementation Plan 2023/24 (Under Separate Cover 1)
⇨c	Zero Carbon Plan 2030 development briefing slides (Under Separate Cover 1)

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The Zero Carbon Plan is anticipated to promote the social, economic and environmental wellbeing of communities in the present and for the future, by facilitating the transition to a low carbon economy.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☒	☐	☐
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☒	☐	☐

Elements of the Plan have been assessed as directly contributing to the goals of all strategies and the DCC’s Emissions Management and Reduction Plan.

Māori Impact Statement

A critical Treaty of Waitangi analysis was prepared previously as part of the Zero Carbon work programme. This indicated that, in general, taking action on climate change is aligned with Treaty of Waitangi obligations because a wide range of taonga are at risk from climate change. The wellbeing assessments for each action area have included aspects such as equity and cultural wellbeing. Individual projects will need to consider the Māori Strategic Framework and incorporate mana whenua and mātāwaka inputs when delivered.

Sustainability

This Plan contributes to the DCC’s work to strengthen the commitment to sustainability through the Strategic Refresh. The development of the Plan aligns with develop of the City Portrait; analysis undertaken for the City Portrait shows that focussing on reducing emissions from agriculture, transport and waste will also have a positive impact on other areas of planetary health more broadly.

Climate change mitigation/emissions reduction efforts are considered key to sustainability. ‘Climate Action’ is one of the United Nation’s Sustainable Development Goals, reflecting the centrality of action on climate change to the achievement of sustainable development. Without significant cuts to emissions, climate change impacts will further accelerate, with commensurate negative impacts on the social, environmental, cultural and economic wellbeing of New Zealand communities. Conversely, actions to reduce emissions generally have significant co-benefits in terms of community wellbeing.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

All actions included in the Zero Carbon Implementation Plan 2023/24 are provided for in the LTP / Annual Plan / Financial Strategy / Infrastructure Strategy.

Financial considerations

Progressing the DCC action areas in the Plan will require additional resourcing, over and above what is currently provided for in the 10 Year Plan 2021-31. Zero Carbon Plan Implementation Plan investment options for 2024-34 will be developed for Council consideration during development of the 10 Year Plan 2024-34.

Significance

This decision is considered low significance as the proposed changes seek to give effect to existing resolutions of Council, and the Zero Carbon Implementation Plan 2023/24 can be managed within existing budgets. Zero Carbon Implementation Plan investment options for 2024-34 will be presented to Council for consideration as part of 10 Year Plan development, and consulted on through that process.

Engagement – external

There has been substantial external engagement in the development of the Plan. The Zero Carbon team conducted a public survey that received over 1300 responses. The team has spoken directly with over 50 community groups and organisations, and a range of subject matter experts.

Engagement - internal

There has been substantial internal engagement in the development of the Plan. Key teams have been integrally involved in Plan development (Transport, Waste and Environmental Solutions), with a large number of others consulted on content related to their activity areas and/or areas of expertise. These teams include Economic Development, Community Development and Events, Parks and Recreation Services, Property, Housing, Māori Partnerships, Corporate Policy, Procurement, 3 Waters, Dunedin Public Library, Communications and Marketing, BIS, City Development, PPSO.

Risks: Legal / Health and Safety etc.

There may be reputational risks for the DCC associated with non-delivery on emissions reduction ambitions, given the target adopted by Council in 2019.

Conflict of Interest

No conflict of interest has been identified.

Community Boards

A workshop involving members of all community boards was held to inform Plan development.

Council

29 August 2023

Draft Speed Management Plan 2024-2027 - Consultation

Department: Transport

EXECUTIVE SUMMARY

1 This report presents the draft Speed Management Plan (SMP) for public consultation.

2 The SMP has been developed in accordance with section 12.17 of the Land Transport Rule: Setting of Speed Limits 2022 (the Rule) and pursuant to sections 152, 157(1), 159(A), and 160(4) of the Land Transport Act (1998).

3 The SMP proposes speed limit changes to rural roads, rural settlements and selected urban areas within Dunedin City. The proposals have been developed in accordance with the guidance and recommendations set out in the Waka Kotahi NZ Transport Agency’s Speed Management Guide Road to Zero edition.

4 The Rule prescribes the statutory process for developing and consulting on the SMP. Following public consultation, the Dunedin City Council Hearings Committee can recommend to the Infrastructure Services Committee to accept or reject any of the proposed speed limits discussed in Attachment C.

RECOMMENDATIONS

That the Council:

a) Notes the draft Speed Management Plan for consultation from 1 - 21 September 2023.

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

BACKGROUND

5 Under the Land Transport Act (1998), Waka Kotahi consulted on a new regulatory framework for the process to set speed limits during 2021. The outcome of this process was a new Setting of Speed Limits Rule (the Rule) to replace the 2017 rule.

6 The Rule is designed to improve how Road Controlling Authorities (RCAs) plan for, consult, and implement speed management changes.

7 The Rule defines the process for Road Controlling Authorities (RCAs) (such as DCC and Waka Kotahi) to set speed limits.

8 The Rule makes it mandatory for the SMP to be developed in accordance with guidance and recommendations provided in Waka Kotahi’s Speed Management Guide Road to Zero edition. The guidance considers road infrastructure and design, impact speeds at which possible crashes could occur and then overlays that with the class of the road corridor (and its subsequent use).

9 A summary of the Rule can be found in Attachment A. A copy of the rule can be found at: https://www.nzta.govt.nz/assets/resources/rules/docs/setting-of-speed-limits-rule-2022-as-at-21-august-2023.pdf

10 An interim SMP was approved by Council on the 27 March 2023. This SMP covered the changes to speeds around schools to comply with Waka Kotahi targets. Speed limits are now being changed around schools as a result of the interim SMP.

11 The process for developing and consulting on SMPs is shown in Attachment B. This document has been prepared by Waka Kotahi. This process will be followed for the development of the draft SMP discussed in this report.

12 The Rule sets out the consultation process for a SMP, which requires a draft version be published for public consultation.

13 Following public consultation, the Dunedin City Council Hearings Committee will consider any submissions and consider whether to accept, reject or amend any of the proposed speed limits. The Hearings Committee will then make a recommendation the Infrastructure Services Committee to adopt a final SMP.

14 The final draft must then be incorporated into the Regional SMP along with the SMP’s of other RCAs in the Otago Region. The Regional Transport Committee (RTC) will submit the final regional SMP to the Director of Land Transport for certification.

DISCUSSION

15 The Rule sets out what the RCA must consider when preparing an SMP. It also describes the content, form and process of the plan. The Rule requires consultation of a draft SMP to be in accordance with the Rule and the relevant provisions of the Local Government Act 2002.

16 The draft SMP includes proposals to:

· reduce speed limits on rural roads, as these are some of the most high-risk speed environments

· reduce speed limits in rural settlements

· reduce speed limits in selected urban areas within Dunedin City

17 The draft SMP covers the period of 2024/27 which aligns with the RLTP process (2024/27).

18 The draft SMP is included as Attachment C to this report. It is proposed to be published on the DCC website for consultation from 1 – 21September 2023 (closes midnight).

19 The policy element of the Regional SMP as approved by the RTC on 1 September 2022 is included as Attachment D. This SMP, if approved, will be attached to that document as an Appendix.

20 Waka Kotahi is also preparing a State Highway SMP 2024-2027. They are planning to consult on this in early 2024.

OPTIONS

21 The DCC as an RCA must comply with the Rule therefore there are no options for consideration, however decisions whether to accept, amend or reject the proposed speed limits can be made through the Hearings Committee process.

NEXT STEPS

22 Staff will publish the draft SMP for consultation from 1– 21 September 2023 (closing midnight), followed by a public hearing on the 19 and 20 October 2023.

23 Following consultation, staff will prepare a report for the Hearings Committee, to consider feedback on the consultation and then make a recommendation the Infrastructure Services Committee on the approval of the final SMP.

Signatories

Author:	Jeanine Benson - Group Manager Transport
Authoriser:	Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Summary of Land Transport Rule: Setting of Speed Limits (The Rule)	58
⇩b	Speed Management Plan process flow charts	59
⇩c	Draft Speed Management Plan 2024-2027	61
⇩d	Policy front end of the Regional Speed Management Plan	91

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities and promotes the social, economic, environmental, and cultural well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

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

Māori Impact Statement

The new Rule acknowledges Māori as Treaty partners, and that Māori are involved in the development of SMPs and consulted on aspects of the plan that are important to them. The Speed Management Guide has a process for establishing and maintaining engagement through the Speed Management Plan 2024-2027 preparation. No feedback was received from early engagement with Mana Whenua. The Rule envisages that this is also conducted at the Regional level.

Sustainability

Reducing speed around urban areas and settlements makes it a safer environment to enable more people to walk and cycle. This will have a positive impact on our cities carbon emissions.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

Any infrastructure improvements required for adopted speed limit changes will be considered as part of the Low Cost / Low Risk (LCLR) programme during the 10 Year 2024-2034 deliberations.

Significance

This SMP consultation will be in accordance with a medium significance decision in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Waka Kotahi have engaged at officer level regarding alignment of the Dunedin City Council SMP with the future State Highway SMP. Engagement with the community on the State Highway SMP process is expected in early 2024.

Engagement - internal

There has been internal engagement with the Legal team.

Risks: Legal / Health and Safety etc.

The proposed speed limit changes are intended to reduce risk by reducing speeds in accordance with the new rule. It is likely there will be a high level of public interest associated with the proposed speed limit changes.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Speed limit changes will be of interest to many parts of the community including those areas covered by Community Boards. The SMP includes areas covered by Community Boards and Community Boards will be encouraged to provide feedback on proposals in their area.

Council

29 August 2023

Governance options for stage two of the Future Development Strategy; Submissions and Hearing Process

Department: City Development

EXECUTIVE SUMMARY

1 The National Policy Statement on Urban Development requires the Dunedin City Council (DCC) and Otago Regional Council (ORC) to jointly prepare and approve a Future Development Strategy (FDS) for Dunedin by mid-2024.

2 The purpose of this report is to approve the governance arrangements for Stage 2 of the FDS - making decisions on public submissions and approval of a final FDS. It also discusses the timing of the formal consultation on the draft FDS in early 2024.

3 The ORC considered a similar report at its Council meeting on 23 August 2023 and resolved that decisions on submissions and the approval of the final Future Development Strategy is delegated to a Joint Hearings Panel. ORC also resolved that the Joint Hearing Panel is made up of an independent Chair, two elected members from each of ORC and DCC, and up to two mana whenua recommended appointment/s.

RECOMMENDATIONS

That the Council:

a) Approves decisions on submissions and the approval of the final Future Development Strategy is delegated to a Joint Hearings Panel (Option 1).

b) Agrees proportionate membership of a Joint Hearing Panel, made up of an independent Chair with planning expertise, two elected members from each of ORC and DCC and up to two mana whenua recommended appointment/s.

c) Notes the timeframe for formal consultation on the draft FDS in early 2024.

BACKGROUND

4 The National Policy Statement on Urban Development (NPS-UD) requires the DCC and ORC to jointly prepare and approve a Future Development Strategy (FDS) for Dunedin by mid-2024.

5 The purpose of an FDS is to promote long-term strategic planning. The FDS has an important role in establishing a framework for future district plan decisions and in setting direction for decisions on funding in the respective Councils’ 10-year plans and Infrastructure Strategies. There is a need for strong integration between decision-making on the FDS and decision-making on the respective Councils’ 10-year plans and Infrastructure Strategies to ensure they align. It also must be considered in the development of the Regional Land Transportation Plan.

6 The FDS is being prepared by DCC and ORC in partnership with mana whenua. There are three key stages in the FDS process:

a) Stage 1 - preparation and approval of the draft FDS for public notification

b) Stage 2 - making decisions on public submissions and approval of a final FDS

c) Stage 3 - development of an implementation plan.

7 The purpose of this report is to approve the governance arrangements for Stage 2 of the FDS.

8 Decision making on Stage 1 was delegated to DCC’s Strategy, Planning and Engagement Committee (SPEC) and ORC delegated decision-making to its Regional Leadership Committee (RLC).

DISCUSSION

9 The FDS is required to be prepared following the special consultative procedure in section 83 of the Local Government Act 2002. This requires notification of a draft FDS, call for submissions, public hearings, and a final decision on the FDS content. However, it is also a strategy under the NPS-UD, and therefore, in part, an exercise of a power, function or duty under the RMA. It is anticipated that the FDS will attract public interest and receive submissions. The submissions on the FDS will be a mix of comments on proposed content, or new suggestions related to:

· overarching policy direction (strategic directions) and long-term development issues and aspirations

· specific growth areas for housing and business land

· infrastructure or other projects or changes to level of service that are also included in the LTPs or infrastructure strategies of either the DCC or ORC.

10 As the FDS has a role in identifying future areas for growth, submissions proposing additional growth areas may include technical planning and other expert evidence about the need for additional capacity and the suitability of sites.

11 Key considerations in evaluating options for governance arrangements for Stage 2 are:

· Ensuring that decisions on content in the FDS align with content in the DCC and ORC’s LTPs and infrastructure strategies. There is a ‘chicken and egg’ interaction between the two processes as new residential or business land growth areas often rely on changes to infrastructure capacity or level of service or both, and growth decisions often drive those changes. Equally infrastructure funding decisions can drive or constrain growth options.

· An FDS must consider ‘development infrastructure’, which is three waters infrastructure and land transport (as defined in section 5 of the Land Transport Management Act 2003). This aligns closely to what is included in infrastructure strategies. An FDS must also consider ‘additional infrastructure’ which includes public open space, community infrastructure (as defined in section 197 of the LGA 2002), land transport not controlled by local authorities, social infrastructure such as schools and healthcare, telecommunications, electricity and gas infrastructure. Both the infrastructure strategies and the FDSs must consider scenarios, which include projections around how and where growth is expected to occur over time. Within these categories some types of infrastructure funding decisions may be deemed essential to enabling a growth option whereas others may be ‘desirable but not essential’. It will be important for recommendations to consider this distinction in assessing the degree to which decisions on the FDS and LTP must be aligned.

· There is good alignment between the time frames for LTP and Infrastructure Strategy considerations and FDS considerations. The NPS UD has three categories: short (next 3 years) medium term (between 3 and 10 years) and long term (between 10 and 30 years). The LTP and Infrastructure Strategy have two categories: LTP being short/medium term (next 10 years) and the Infrastructure Strategy being long term (next 30 years). Ensuring alignment of decisions between the FDS and LTP/Infrastructure Strategy is a key consideration, noting the ‘chicken and egg’ aspect above with respect to essential infrastructure.

· Timing of the hearing and decision processes for the FDS in relation to the LTP processes and timetables, including the need to consider the availability of elected members.

· The need to consider the degree to which decisions of a combined local authority governance group should influence the funding decisions of the individual local authorities.

· How to ensure that submissions on growth options are considered in a robust way with due consideration to resource management planning documents and the objectives and policies within, given the potential of FDS options to influence future plan change processes.

OPTIONS

12 There are two options for governance arrangements for hearing submissions and decision-making on the FDS for consideration. Both options have a recommendation for a new Joint Hearing Panel (JHP) to consider submissions on the draft FDS through a public hearing and in both options consultation on the FDS would occur ahead of consultation on respective Council’s LTPs, from late January 2024 to late February 2024.

13 The options presented were favoured because they reflect that while the FDS must be prepared under the LGA, it is a policy and planning instrument under a National Policy Statement on Urban Development prepared under the Resource Management Act, therefore a process that is closer to an RMA hearing process was considered appropriate. This includes the use of an Independent Chair with RMA planning experience to assist the Panel to manage a hearing process that may include technical arguments and evidence. The benefit of having an independent chair is to ensure a robust hearing process is followed and that there is no potential perception of bias in the decision making process. These issues are important to seek to minimise any potential risk of procedural challenges (i.e. judicial review) and/or adverse public perceptions.

14 Both options are also designed to encourage alignment of LTP and FDS content through the JHP issuing a recommendation report ahead of LTP deliberations and taking in account the outcome of these deliberations in their final decision.

15 In Option one, the JHP is delegated the power to decide on changes to the FDS in response to submissions. In Option two, the JHP is only delegated the power to make recommendations for changes to the FDS in response to submissions via a Recommendations Report. Instead for Option two, there would be an additional step where a joint committee made up of the DCC Strategy, Planning and Engagement Committee and Regional Leadership Committee would consider the JHP’s recommendations on changes to the FDS in response to submissions and make final decisions on whether to accept or reject those recommendations. That Committee would not have the power to reconsider matters sought through submissions where there was no recommendation.

16 To maximise the opportunity to maintain alignment between the FDS and respective LTPs and Infrastructure strategies, under both options the JHP will also make recommendations on any consequential changes needed to LTPs or Infrastructure Strategies (where relevant) based on its interim views on changes it wishes to make to the FDS, these recommendations will be fed into the relevant processes of the DCC and ORC councils ahead of their LTP deliberations. The timing of recommendations or decisions on the FDS will also allow the JHP (or in the case of Option 2 the Joint Committee) to consider the outcome of deliberations on the LTP before releasing a final decision on the FDS.

17 For both options, a decision is required at this stage on the number of JHP seats to be nominated from each partner organisation (DCC, ORC and mana whenua). It is recommended that the JHP be made up of an independent Chair with planning expertise, two elected members each from the ORC and DCC and one mana whenua appointments. Exact membership of the JHP is to be discussed and determined at a later date after the overall governance proposal is confirmed.

18 Several other options were considered and rejected:

· an option for the JHP to make recommendations to separate DCC and ORC committees was rejected because of the risk that the DCC and ORC would make different decisions on the policy and growth aspects of the FDS, and there would be insufficient time to reconcile any differences.

· an option for a joint hearing committee comprised of all DCC and ORC councillors to hear all submissions was rejected because it was considered it would create an unwieldy and inefficient hearings process and some councillors would likely not want to commit the time to what could be a long hearing and deliberation process.

· an option for a joint hearing committee to decide on infrastructure options that must be included in LTPs of the ORC and DCC was rejected as going beyond the remit of the FDS to interfere with the normal governance arrangements of local authorities over major financial and programme decisions.

Option One – (Recommended Option) decisions on submissions and the approval of the final FDS is delegated to a Joint Hearings Panel

19 Under this option, a JHP is delegated authority to consider submissions and make decisions on all elements of the FDS. The JHP would also make a recommendation to the respective Councils on any aspects which overlap with LTP content (level of service or infrastructure funding decisions) ahead of and to inform each Council’s deliberations on the LTP. The JHP would then consider respective Council’s deliberations on level of service or infrastructure funding decisions before releasing decisions and confirming the final FDS content to be adopted by each council.

Advantages

· Enables a more efficient process by not requiring a second Committee to be set up and supported through a second decision-making process.

· Aligns with practice for RMA Plan Change hearings where Hearings Panels are commonly delegated decision-making powers.

Disadvantages

· Limits the number of elected members making decisions on changes to the FDS in response to submissions and, depending on how seats are allocated, may also reduce mana whenua appointments from two to one.

Option Two – The joint hearing panel is only delegated to make recommendations on submissions and a joint committee of Strategy, Planning and Engagement Committee and Regional Leadership Committees make the decision on the final FDS

20 Under this option the joint hearing panel is only delegated to make recommendations on changes to the FDS in response to submissions and a joint committee of Strategy, Planning and Engagement Committee and Regional Leadership Committees will make the decision on whether to accept or reject those recommendations. The joint committee will meet to make a final decision on the FDS following the respective councils LTP deliberations.

Advantages

· All councillors and mana whenua representatives are involved in the final decision-making on the FDS

Disadvantages

· Requires additional staff time to set up and support a new joint Committee as well setting up and supporting the Joint Hearing Panel.

· Requires time from all committee members at a busy time in the LTP cycle to meet to consider the recommendations of the JHP, including reading the recommendation reports and any background information and setting aside suitable time for deliberations and decisions.

NEXT STEPS

21 If option one is approved, a report will be presented at the next Council meeting to approve the DCC membership of the joint hearing panel.

22 If option two is approved, an additional report to set up a Joint Committee will be presented.

23 The draft FDS will be considered for approval by DCC on 12 December and ORC on 6 December, ahead of formal consultation on the draft FDS in early 2024.

Signatories

Author:	Dr Anna Johnson - City Development Manager
Authoriser:	Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Diagram of FDS, DCC/ORC LTP and RLTP timeframes	107

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☒	☐	☐
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☒	☐	☐

Māori Impact Statement

Policy 9 of the NPS-UD requires local authorities to take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) and involve hapū and iwi in the preparation of RMA planning documents and any FDSs by undertaking effective consultation that is early, meaningful and, as far as practicable, in accordance with tikanga Māori. The FDS must take into account the values and aspirations of hapū and iwi for urban development. It is being prepared in partnership with Kā Rūnaka through Aukaha Ltd and will include a clear statement of hapū and iwi values and intent.

Section 34A(1A) of the RMA requires councils when appointing commissioners to conduct hearings under Schedule 1, to consult iwi authorities about whether it is appropriate to appoint a commissioner who understands tikanga Māori and the perspectives of local iwi or hapū. If the council considers it appropriate, it must appoint at least one commissioner who understands these matters, in consultation with the relevant iwi authorities. While the FDS requires use of the special consultative procedure in section 83 of the Local Government Act 2002, rather than Schedule 1 of the RMA, Section 34A of the RMA is considered relevant for governance arrangements for the FDS given the status of the FDS under the RMA.

The options in this report reflect this by recommending the Joint Hearing Panel include up to two commissioners with an understanding of tikanga Māori and the perspectives of local iwi or hapū. This appointment will be made in consultation with local iwi.

Sustainability

The FDS is required to address several aspects of improving sustainability including examining sustainable modes of transport, reducing greenhouse gas emissions and resilience to the effects of

climate change.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This report seeks a decision on the timing of the formal consultation on the FDS (proposed to run ahead of the LTP consultation) in early 2024. It is proposed that a joint hearing panel provides recommendation to the DCC/ORC ahead of their deliberations on the LTP and that the outcome of their deliberations on levels of service and infrastructure funding will inform the final decision on the FDS content.

Financial considerations

The DCC costs to prepare and consult on the Future Development Strategy are being managed through City Development operational budgets.

Significance

The decisions of this report are considered medium in terms of Council’s Significance and Engagement Policy.

Engagement – external

The FDS is required under the NPS-UD and it must be prepared under the Special Consultative Procedure of the Local Government Act. The ORC and Aukaha have been consulted on the content of this report.

Engagement - internal

Corporate Policy and Governance teams have been consulted on the content of this report.

Risks: Legal / Health and Safety etc.

None identified.

Conflict of Interest

None identified.

Community Boards

There are no known impacts on community boards of this decision on FDS governance.

Council

29 August 2023

Revocation of Food Grading Bylaw

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 The implementation of the Food Act 2014 (the Act) has removed the need for both the Food Grading Bylaw 2016 (the Bylaw) and the Food Grading Policy (the Policy). This report recommends that the Council revokes the Bylaw as:

· The Bylaw is no longer the most appropriate way to address food safety issues in Dunedin as the Act is proving more effective than the Bylaw at improving food safety standards. When making or amending a bylaw, councils must determine that a bylaw is the most appropriate way to address a perceived problem.

· The Bylaw is inconsistent with requirements of the Act. In such cases the Act must prevail, and the Council must amend or revoke the bylaw to remove the inconsistency.

2 Revocation of the Bylaw is unlikely to have any impact on the public as the Act requires food businesses to be uniformly verified by government approved verifiers. If the Bylaw is revoked, then the Food Grading Policy, which sits alongside the Bylaw, will also become redundant. See Attachment A for the Food Grading Bylaw.

RECOMMENDATIONS

That the Council:

a) Determines that the Food Grading Bylaw is no longer the most appropriate way to address any issues of food safety in Dunedin food premises.

b) Determines that the revocation will not have a significant impact on the public.

c) Revokes the Food Grading Bylaw 2016 from 1 January 2024.

d) Notes that the Food Grading Policy will also become revoked from 1 January 2024.

BACKGROUND

Bylaw history and the Food Act 2014

3 The Food Grading Bylaw originated as the Food Safety Bylaw in 2007 to improve food safety standards in the city’s food businesses.

4 The Act came into force in 2015 and meant much of the Bylaw became redundant. The Bylaw was reviewed in 2015 and the only part that remained was the requirement for food premises to display a food grading certificate. Under the Bylaw, the DCC verified food businesses against a set of criteria developed by staff and issued a food grading certificate accordingly.

5 When the Act came into force, the Ministry of Primary Industries (MPI) indicated a national grading system would be developed. However it has become apparent this is not going to happen. Instead, MPI has developed set criteria for the assessment of food businesses that are different to the Bylaw’s grading system. These criteria are applied uniformly to all food businesses throughout New Zealand. If the Bylaw is revoked the DCC will continue to assess any food business using the criteria set by MPI.

DISCUSSION

Bylaw is no longer the most appropriate way to address issue

6 Before making, reviewing or revoking a bylaw under the Local Government Act 2002 (LGA), a local authority must determine whether a bylaw is the most appropriate way of addressing the perceived problem. As the Act provides for verification of food businesses by approved government agencies, the Bylaw is no longer the most effective way to improve food safety standards and is not the most appropriate way to address this issue. The Act requires that all food businesses are uniformly verified by government approved verifiers.

Risk the Bylaw is inconsistent with the Act

7 There is now a risk that the Bylaw is inconsistent with requirements of the Act. This is because all business verifiers (both DCC and third-party) are required to assess the food business according to the MPI criteria. These criteria are quite different to the Bylaw grading system used by DCC staff. Revoking the Bylaw will mean staff continue to use only the MPI criteria.

8 Where there is inconsistency between the provisions of a bylaw and an act, then the act must prevail over the bylaw and the Council must amend or revoke the bylaw to remove the inconsistency.

Other councils

9 Few other councils have grading systems similar to Dunedin’s, and those that exist largely pre-date the Food Act. Councils with grading bylaws include Auckland, Whangarei, Rangitikei and Ruapehu. Queenstown revoked its bylaw on 1 July 2021 with no reported drop in food safety standards.

Consultation

10 There has been initial engagement with food businesses on this proposed change and there are further opportunities to engage with and update businesses at workshops later this year.

11 If the Bylaw is revoked, it will be important to communicate the reasons to the food businesses and the public. Methods will include the DCC website, Otago Daily Times Noticeboard, food business workshops and a newsletter.

12 The LGA requires that when making, amending or revoking a bylaw the use of the special consultative procedure (SCP) is generally required, unless the Council considers that the proposed decision to be made will not have or is likely to have a significant impact on the public.

13 In this case, in the absence of the Bylaw, the public can be assured that food businesses will be uniformly verified by government approved verifiers. Thus, revocation is unlikely to have any impact on consumers and the SCP will not be required if the Bylaw is revoked.

Proposed date of effect

14 The proposed date of effect for the revocation is from 1 January 2024 to allow time to communicate the change to stakeholders and the public, update relevant internal and external websites and modify the hand-held devices that staff use when conducting verifications.

OPTIONS

15 Options are whether or not to revoke the Food Grading Bylaw. If the Bylaw is revoked, then the Food Grading Policy, which sits alongside the Bylaw, will also become redundant.

Option One – Revoke the Food Grading Bylaw - Recommended Option

16 This option is to revoke the Food Grading Bylaw.

Advantages

· Ensures consistency with the Act

· Removes duplication in staff resources.

Disadvantages

· Potential dissatisfaction from food business operators and the public.

Option Two – Do not revoke the Food Grading Bylaw - Status Quo

17 This option is to retain the Food Grading Bylaw.

Advantages

· Useful for those who may use the system as a guide.

Disadvantages

· Bylaw would be inconsistent with the Act

· Duplication in staff resources.

NEXT STEPS

18 If the Council decides to revoke the Food Grading Bylaw, then staff will work toward putting this into effect from 1 January 2024. This will include communicating the change to stakeholders and the public. Staff will consequently revoke the Food Grading Policy and remove reference to this document from the website.

Signatories

Author:

Anne Gray - Policy Analyst

Authoriser:

Ros MacGill - Manager Compliance Solutions

Claire Austin - General Manager Customer and Regulatory

Attachments

	Title	Page
⇩a	Food Grading Bylaw 2016	114

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☒	☐	☐

This decision contributes to the ‘healthy and safe people’ priority of the Social Wellbeing Strategy. If the Bylaw is revoked, then the associated Food Grading Policy will no longer be required.

Māori Impact Statement

There are no known specific impacts for Māori.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy. Communications will be important to relay the change and the reasons for it.

Engagement – external

There has been initial engagement with food businesses on this proposed change.

Engagement - internal

There has been engagement with In-House Legal Counsel.

Risks: Legal / Health and Safety etc.

If the Bylaw is not revoked, there are risks of having a bylaw that is inconsistent with the Act and no longer necessary.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no specific implications for Community Boards.

Council

29 August 2023

Proposed Event Road Closures - September 2023

Department: Transport

EXECUTIVE SUMMARY

1 The DCC has received a temporary road closure application relating to the following event:

a) John McGlashan School Fete.

2 This report recommends that Council approves the temporary closure of the affected road.

RECOMMENDATIONS

That the Council:

a) Resolves to close the roads detailed below (pursuant to Section 319, Section 342, and Schedule 10 clause 11(e) of the Local Government Act 1974):

i) John McGlashan School Fete

Dates and Times:

Saturday 9 September 2023, from 7.30am to 3.30pm

Roads:

· Pilkington Street from Balmacewen Road to Passmore Crescent

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 area proposed to be used for this event is legal road 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 closure.

9 On Saturday 22 July 2023, the proposed temporary road closure was 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 closure.

Traffic Impacts

12 The location of this event has had identical road closures for the same or similar event (s) in prior years without causing unreasonable delays to the travelling public.

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

14 The temporary traffic management plan process ensures that other issues such as temporary relocation of certain parking (e.g. taxi, mobility and Authorised Vehicles only) are managed.

OPTIONS

15 Any amendment to this report’s recommendations cannot be implemented without further consultation with the affected parties, Waka Kotahi, the Police, and verifying that traffic impacts are acceptable.

Option One – Recommended Option

16 That the Council closes the section of road as recommended in this report.

Advantages

· The road will be able to be closed and the event will be able to proceed.

· The closure will assist in realising the economic, social, and cultural benefits associated with the event.

Disadvantages

· There will be temporary loss of vehicular access through the closed area. However, there are detours available, and safety can be assured using temporary traffic management.

Option Two – Status Quo

17 That the Council decides not to close the road 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 event would not be able to go ahead, and the benefits of the event would be lost.

NEXT STEPS

18 Should the resolution be made to temporarily close the road, Council staff will accept the temporary traffic management plans for the event and notify the public of the closure.

Signatories

Author:

Simon Smith - Asset and Funding Manager

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Local Government Act 1974, Schedule 10	124
⇩b	ODT Advert - 22 July 2023	129

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the social and economic well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☒	☐	☐

Events contribute to the Strategic Framework. Events contribute to the Economic Development Strategy, the Social Wellbeing Strategy. There is a Festival and Events Plan 2018-2023.

Māori Impact Statement

Mana whenua have not been directly engaged with in relation to these road closures.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

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

Financial considerations

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

Significance

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

Engagement – external

There has been external engagement as required by the LGA 1974, with the Police and Waka Kotahi. Affected parties were notified and provided a time period for feedback.

Engagement - internal

There has been engagement with DCC Events, In-House Legal, and Transport. There is support for the event to proceed.

Risks: Legal / Health and Safety etc.

There are no identified risks should the recommended resolution be made.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

29 August 2023

New Zealand Masters Games CCO Exemption

Department: Events and Community Development

EXECUTIVE SUMMARY

1 The Dunedin (New Zealand) Masters Games Trust (the Trust) seeks a continuation of exemption status from being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002 (the LGA).

2 The LGA requires that an exemption must be granted by resolution and that the Council must review an exemption within three years after it was first granted, and thereafter every three years. Council last granted the Trust’s continued exemption from being a CCO in accordance with s7(3) of the LGA on 24 November 2020.

3 Exemption has been granted by Council in the past on the basis that the Trust is a small organisation with a charitable intent. The Trust Deed ensures that the Trust meets the accountability standards expected of a CCO.

RECOMMENDATIONS

That the Council:

a) Approves the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002.

BACKGROUND

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.

5 Section 7 of the LGA enables an organisation to be exempt from CCO status if it is a small organisation and the Council has considered:

· The nature and scope of the activities provided by the Trust; and

· The costs and benefits, if the exemption is granted, to the Dunedin City Council, the Trust and the community.

6 The LGA decision-making provisions will apply when Council considers whether to exempt the Trust. The cost benefit analysis required by Section 7, to exempt an organisation, is similar but in addition to the requirements on local authorities in relation to the decision-making process at section 77 of the Act.

7 Council is required to consider known community views and any impact on community outcomes in addition to the cost benefit considerations of section 7.

DISCUSSION

8 When the Trust was established in 2007 the requirements relating to exemption were overlooked and no resolution exempting the Trust was passed. An exemption was sought and approved by Council on 10 August 2011, based on the factors outlined below:

a) The Nature and Scope of the activities provided by the CCO

i) The Dunedin (New Zealand) Masters Games Trust currently comprises nine Board members. No staff are employed by the Trust. The Dunedin City Council employs the Games Manager and additional staff. The Games has a biennial budget of $750,000.

ii) The Trust organises, coordinates, markets, manages and stages on a biennial basis the Dunedin Masters Games within an agreed revenue and expenditure budget. The Trust was established with the intent that it be charitable and is registered as a Charitable Trust.

iii) The Trust’s purposes state that its activities shall be carried out in Dunedin, or to the benefit of the people of Dunedin. The Trustees may authorise the Trust to carry out activities outside Dunedin to promote the Games, but only if they believe that such activities will be for the ultimate benefit of the Dunedin Games.

iv) The Trust works with and has a successful relationship with over 60 community sporting agencies within the Dunedin region.

b) The Costs and Benefits of granting the exemption to Council, the CCO and the Community

i) A key benefit in exempting the Trust is that costs incurred to the Trust reverting to CCO status will be avoided. There are no identified costs to the community, or any negative impact on community outcomes from exempting the Trust

9 The principles, purposes, size and operation of the Trust have not changed since the Trust’s establishment in 2011. Accordingly, the grounds on which the initial decision to exempt the Trust from CCO status was made in 2011 remain relevant to the consideration to continue the exemption status of the Trust.

10 Part 5 and schedule 8 of the LGA set out the many financial reporting requirements for a CCO. The requirements will not apply to the Trust if the Council resolves to continue to exempt the Trust from being a CCO. The Trust Deed however does require the Trust to complete a Statement of Intent, irrespective of whether the Trust is a CCO.

11 The Trust will remain a Council Organisation should exemption from CCO status continue. A Council Organisation is defined in s6 of the LGA and includes amongst other things an entity where Council has the right, either directly or indirectly, to appoint one or more of the trustees, directors or managers. A Council Organisation remains subject to the provisions of the LGA.

12 Section six of the Act sets out the relevant provisions that will apply to the Trust as a Council Organisation. These are:

a) The appointment of Directors/trustees of the Trust must be consistent with the Council’s appointment policy; which provides for, objective and transparent appointments, renumeration and requires that the appointee must have the skills, knowledge or experience to guide the organisation and contribute to its objectives. (s57);

b) The Trust must undergo regular performance monitoring by Council of the Trust’s (as the Council Organisation) objectives against the overall aims and outcomes of the Council. (s65(1);

13 As a Public Entity for the purposes of the Public Audit Act (2001), the Trust must be audited by the Office of the Auditor General

OPTIONS

Option One – Recommended Option

14 The Council approves the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002

Advantages

· CCO exempt status is appropriate given the nature and scale of the Trust, and the scope of the activities the Trust provides.

· Probity will be ensured as the Trust will comply with the CCO and exempted CCO sections of the LGA.

· There are no known costs to Council.

· There is no requirement on the Trust to produce an audited Statement of Service Performance. (Noting that it will continue to have an annual Audit undertaken).

Disadvantages

· There are no identified disadvantages to Council.

Option Two – Status Quo

15 The Council does not approve the exemption of the Dunedin (New Zealand) Masters Games Trust from the requirements of being a Council Controlled Organisation (CCO) in accordance with s7(3) Local Government Act 2002. An audited Statement of Service Performance would be produced by the Trust as part of the Annual Report.

Advantages

· There are no identified advantages

Disadvantages

· There will be costs to the Trust in meeting additional reporting requirements.

· Timing of auditing requirements would adversely impact operational activities of the Trust during the biennial Games year. The Games launch occurs in early September. Section 67 of the Local Government Act requires that “Within three months after the end of each financial year, the board of a CCO must deliver to the shareholders, and make available to the public, a report on the organisation’s operations during that year.”

NEXT STEPS

16 The Trust will be notified of Council’s decision.

17 The Trust will continue to plan and organise for the biennial Dunedin Masters Games as delegated by the Dunedin City Council and will continue to meet the reporting requirements as set out in the Local Government Act 2002.

Signatories

Author:

Vicki Kestila - Master Games Manager

Authoriser:

Dan Hendra - Team Leader - Events

Jeanette Wikaira - General Manager Community Services (Acting)

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities, and this decision promotes the social well-being and economic well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The New Zealand Masters Games contributes to three of the Councils strategies

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 ensures the Trust is connected with mana whenua and provides a path for wider Māori input.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

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

Financial considerations

Under a service level agreement with the Trust (2013-2025) the Dunedin City Council as owner of the Dunedin Masters Games franchise has agreed to underwrite the Games upon a written request and provision of required financial information from the Trust.

There will be some financial costs to the Trust in meeting additional reporting requirements if Council were to support Option 2. The Dunedin (New Zealand) Masters Games Trust has the franchise rights to host the biennial New Zealand Masters Game until the end of 2036.

Significance

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

Engagement – external

There have been discussions with the Trust

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

If the exemption is not approved, the Trust will be legally required to comply with all the statutory obligations of a CCO. The costs and resources required to meet these statutory requirements outweigh the nature and scope of Trust and would divert limited resourcing away from the Trusts’ core activities.

Conflict of Interest

Cr Andrew Whiley has identified a potential conflict of interest and will not be participating in the decision

Community Boards

There are no known implications for Community Boards.

Council

29 August 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:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Confirmation of the Confidential Minutes of Ordinary Council meeting - 25 July 2023 - Public Excluded	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	.
C2 Confidential Council Actions from Resolutions at Council Meetings	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3 Confidential Council Forward Work Programme - August 2023	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C4 Strath Taieri Matter	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(c)(i) The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Potential Property Purchase	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C6 Director Remuneration - Dunedin City Holdings Limited	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(b)(i) The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	This report is confidential because the information contained in this report remains confidential until Council has determined the level of fees and advised Dunedin City Holdings Limited of the outcome at which point the information can be made public..

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

	Title	Page
A ⇩	Minutes of Ordinary Council meeting held on 25 July 2023	17

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