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 29 August 2023, commencing at 10.00 am

 

PRESENT

 

Mayor

Mayor Jules Radich

 

Deputy Mayor

Cr Sophie Barker

 

Members

Cr David Benson-Pope

Cr Christine Garey

 

Cr Kevin Gilbert

Cr Carmen Houlahan

 

Cr Marie Laufiso

Cr Cherry Lucas

 

Cr Mandy Mayhem

Cr Jim O'Malley

 

Cr Lee Vandervis

Cr Steve Walker

 

Cr Brent Weatherall

Cr Andrew Whiley

 

 

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Gavin Logie (Chief Financial Officer), Robert West (General Manager Corporate and Quality), Jeanette Wikaira (Acting General Manager Community Services), Claire Austin (General Manager Customer and Regulatory), Simon Drew (General Manager Infrastructure and Development), John Christie (Manager Enterprise Dunedin) and Clare Sullivan (Principal Committee Advisor).

 

Governance Support Officer                  Lynne Adamson

 

 

1          Opening

             The Mayor opened the meeting with a Karakia – The City Of Light

   Diane Bellamy , member of the Dunedin Interfaith Council and the Anglican Church opened the            meeting with a prayer.

2          Public Forum

2.1      Doctors Point Beach and Doctors Point Road, Waitati

Diana Struthers spoke on issues relating to Doctors Point Beach and Doctors Point Road, Waitati which included the increase in traffic, careless driving, visitors, overnight campers, damage caused to the beach and danger to pedestrians.  She commented she would like DCC to review the signage on Doctors Point Road and enforce the Reserves and Beaches bylaw at Doctors Point Beach.

 

Cr Christine Garey entered the meeting at 10.05 am.

 

             Ms Struthers responded to questions.

 

2.2       DCC Compensation and relief for shops affected by the roadworks on George Street.

Mr Ashkon Ashraf advised he had opened a shop on George Street four months ago and spoke of the disruption to his business caused by the roadworks.  He requested help         either by compensation or a marketing campaign to help the business stay afloat.

 

             Mr Ashraf responded to questions.

 

 

3          Apologies

Moved (Mayor Jules Radich/Cr Steve Walker):

 

            That the Council:

 

Accepts the apologies from Crs Bill Acklin, Carmen Houlahan and Marie Laufiso for absence and from Cr Christine Garey for lateness.

 

Motion carried (CNL/2023/185)

 

 

4          Confirmation of agenda

 

 

Moved (Mayor Jules Radich/Cr Andrew Whiley):

That the Council:

 

Confirms the agenda with the deletion of Item 9 – Draft Zero Carbon Plan 2030, noting that this report would be presented to the 25 September 2023 Council meeting.

 

Motion carried (CNL/2023/186)

 

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 Steve Walker):

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 Teams’ interests.

Motion carried (CNL/2023/187)

 

6          Confirmation of Minutes

6.1       Ordinary Council meeting - 25 July 2023

 

Moved (Mayor Jules Radich/Cr Cherry Lucas):

That the Council:

 

a)         Confirms the public part of the minutes of the Ordinary Council meeting held on 25 July 2023 as a correct record.

Motion carried (CNL/2023/188)

  

Reports

7          Actions From Resolutions of Council Meetings

 

A report from Civic provided an update on the implementation of resolutions made at Council meetings. 

 

The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.

 

 

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

 

 

a)              Notes the Open and Completed Actions from resolutions of Council meetings.

Motion carried (CNL/2023/189)

 

8          Forward Work Programme for Council - August 2023

 

A report from Civic provided the updated forward work programme for the 2023-2024 year.

 

The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.

 

 

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

 

a)     Notes the updated Council forward work programme.

Motion carried (CNL/2023/190)

 

9          Draft Zero Carbon Plan 2030

 

This item was moved to a later Council meeting.

 

10        Draft Speed Management Plan 2024-2027 - Consultation

 

A report from Transport presented the draft Speed Management Plan (SMP) for public consultation.

The report noted that the SMP proposed speed limit changes to rural roads, rural settlements and selected urban areas within Dunedin City had 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.

 

The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.

 

 

Moved (Cr Jim O'Malley/Cr Mandy Mayhem):

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.

 

Division

The Council voted by division

 

For:                 Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (11).

Against:         Cr Lee Vandervis (1).

Abstained:    Nil

 

The division was declared CARRIED by 11 votes to 1

 

Motion carried (CNL/2023/191)

 

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

 

A report from City Development noted that the National Policy Statement on Urban Development required 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.

The report noted that the ORC had 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 was delegated to a Joint Hearings Panel.  The ORC also resolved that the Joint Hearing Panel comprised of an independent Chair, two elected members from each of ORC and DCC, and up to two mana whenua recommended appointment/s.

 

The General Manager Infrastructure and Development (Simon Drew) and City Development Manager (Dr Anna Johnson) spoke to the report and responded to questions.

 

Cr Christine Garey left the meeting at 11.19 am and returned at 11.22 am.

 

 

Moved (Cr Sophie Barker/Mayor Jules Radich):

That the Council:

 

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

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.

 

Division

The Council voted by division

 

For:                 Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (11).

Against:         Cr Lee Vandervis (1).

Abstained:   Nil

 

The division was declared CARRIED by 11 votes to 1

 

Motion carried (CNL/2023/192)

 

12        Revocation of Food Grading Bylaw

 

A report from Customer and Regulatory advised that the implementation of the Food Act 2014  had removed the need for both the Food Grading Bylaw 2016 and the Food Grading Policy.

 

The General Manager Customer and Regulatory (Claire Austin) and Manager Compliance Solutions (Ros MacGill) spoke to the report and responded to questions.

 

 

Moved (Cr Lee Vandervis/Cr Cherry Lucas):

That the Council:

 

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

b)     Determines that the revocation would 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 would also become revoked from 1 January 2024.

Motion carried (CNL/2023/193)

 

13        Proposed Event Road Closures - September 2023

 

A report from Transport sought approval for temporary road closures for the John McGlashan School Fete to be held on Saturday 9 September 2023.

 

Moved (Cr Lee Vandervis/Cr David Benson-Pope):

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

 

Motion carried (CNL/2023/194)

 

14        New Zealand Masters Games CCO Exemption

 

A report from Events and Community Development advised that the Dunedin (New Zealand) Masters Games Trust sought a continuation of exemption status from being a Council Controlled Organisation in accordance with s7(3) Local Government Act 2002.

 

The General Manager Community Services (Acting) (Jeanette Wikaira) and Masters Games Manager (Vicki Kestila) spoke to the report and responded to questions.

 

 

Moved (Cr Andrew Whiley/Cr Lee Vandervis):

That the Council:

 

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

Motion carried (CNL/2023/195)

        

 

Resolution to exclude the public

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

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 - 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..

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/2023/196)

 

 

The meeting moved into confidential at 11.52 am and concluded at 2.24 pm.

 

 

 

 

 

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

MAYOR