Agenda of Customer & Regulatory Services Committee

Notice of Meeting:

I hereby give notice that an ordinary meeting of the Customer & Regulatory Services Committee will be held on:

Date: Tuesday 12 September 2023

Time: 11.00 am (or at the conclusion of the previous meeting which ever is later)

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

Sandy Graham

Chief Executive Officer

Customer & Regulatory Committee

PUBLIC AGENDA

MEMBERSHIP

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

Senior Officer Paul Hendson, Acting General Manager Customer and Regulatory

Governance Support Officer Jennifer Lapham

Jennifer Lapham

Governance Support Officer

Telephone: 03 477 4000

governance.support@dcc.govt.nz

www.dunedin.govt.nz

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

Customer & Regulatory Services Committee

12 September 2023

Customer & Regulatory Committee

MINUTES

Minutes of an ordinary meeting of the Customer & Regulatory Services Committee held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Monday 7 August 2023, commencing at 10.00 am

PRESENT

Chairperson	Cr Carmen Houlahan

Deputy Chairperson	Cr Andrew Whiley

Members	Cr Bill Acklin	Cr Christine Garey
	Cr Sophie Barker	Cr Marie Laufiso
	Cr Kevin Gilbert	Cr Mandy Mayhem
	Cr Cherry Lucas	Mayor Jules Radich
	Cr Jim O'Malley	Cr Brent Weatherall

IN ATTENDANCE

Rob West (Acting Chief Executive Officer), Fraser Ligget (Acting Manager Enterprise Dunedin), Claire Austin (General Manager Customer and Regulatory), Paul Henderson (Building Services Manager), Ros MacGill (Manager Compliance Solutions, Hayley Browne (Customer Services Manager), Alan Worthington (Resource Consents Manager) and Neil McLeod (Principal Advisor Building Solutions), Clare Sullivan (Principal Committee Advisor)

Governance Support Officer Jennifer Lapham

1 Opening

The meeting was opened with a karakia timatanga.

2 Public Forum

2.1 Public Forum – Kate McElroy

Ms Kate McElroy spoke to the Committee regarding the Keeping of Animals Bylaw 2022 in particular clauses 6.1, 6.2 and 6.3 with reference to cats. She asked that the definition of nuisance be amended to add a point that if an animal is causing harm on other properties it should be required to be contained on the owners property.

3 APOLOGIES

Apologies were received from Cr Benson-Pope, Cr Vandervis and Cr Walker.

Moved (Cr Carmen Houlahan/Cr Bill Acklin):

That the Committee:

Accepts the apologies from Cr Benson-Pope, Cr Vandervis and Cr Walker.

Motion carried (CRC/2023/012)

4 CONFIRMATION OF AGENDA

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

Confirms the agenda without addition or alteration

Motion carried (CRC/2023/013)

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 (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

a) Notes the Elected Members’ Interest Register; and

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

Motion carried (CRC/2023/014)

6 Confirmation of Minutes

6.1 Customer & Regulatory Committee meeting - 15 May 2023

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

Confirms the minutes of the Customer & Regulatory Committee meeting held on 15 May 2023 as a correct record.

Motion carried (CRC/2023/015)

Part A Reports

7 Actions From Resolutions of Customer and Regulatory Committee Meetings

Moved (Cr Andrew Whiley/Cr Sophie Barker):

That the Committee:

Notes the Open Actions from resolutions of Customer and Regulatory Committee meetings.

Motion carried (CRC/2023/016)

8 Customer and Regulatory Committee Forward Work Programme - March 2023

Moved (Cr Carmen Houlahan/Cr Mandy Mayhem):

That the Committee:

a) Notes the Customer and Regulatory Committee forward work programme

Motion carried (CRC/2023/017)

9 Issues and Trends Report
	In a report from Customer and Regulatory an Issues and Trends Reports to June 30, 2023 was provided.
	Claire Austin (General Manager Customer and Regulatory, Alan Worthington (Resource Consents Manger), Ros MacGill (Manager Compliance Solutions), Paul Henderson (Building Services Manager) and Hayley Browne (Resource Consents Manager) responded to questions.
	Moved (Cr Carmen Houlahan/Cr Christine Garey): That the Committee: Notes the Issues and Trends Report. Motion carried (CRC/2023/018)

10 Review of Dog Control Bylaw and Dog Control Policy

In a report from Customer and Regulatory it was recommended that the Customer and Regulatory Committee approves commencement of the review of the Dog Control Bylaw (the Bylaw) and the associated Dog Control Policy (the Policy).

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

Moved (Cr Mandy Mayhem/Cr Andrew Whiley):

That the Committee:

a) Notes that the Dog Control Act 1996 requires local authorities to have a policy on dogs and to give effect to that policy with a dog control bylaw.

b) Determines that a bylaw is the most appropriate way to address issues relating to dog control in Dunedin.

c) Approves commencement of the review of the Dog Control Bylaw and Dog Control Policy.

Motion carried (CRC/2023/019)

11 Submission to Ministry of Business Innovation and Employment on the Review of the Building Consent System Options Paper

In a report from Customer and Regulatory approval was sought to submit a submission to the Ministry of Business, Innovation and Employment (MBIE) on its review of the building consent system options paper.

Claire Austin (General Manager Customer and Regulatory), Paul Henderson (Building Services Manager), and Neil McLeod (Principal Advisor Building Solutions) spoke to the report and responded to questions.

In discussing the submission it was agreed that the Chairperson of the Customer and Regulatory Committee and the Mayor would co-sign the submission.

Moved (Cr Sophie Barker/Cr Andrew Whiley):

That the Committee:

a) Approves the DCC submission, to the Ministry of Business, Innovation and Employment on its review of the building consent system

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

Motion carried (CRC/2023/020)

12 Items for Consideration by the Chair

There were no items notified.

13 Karakia Whakamutunga
	The meeting closed with a Karakia Whakamuntunga.

The meeting concluded at 11.26 am

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

C H A I R P E R S O N

Customer & Regulatory Services Committee

12 September 2023

DCC draft submission on the draft Government Policy Statement on Land Transport 2024

Department: Transport

EXECUTIVE SUMMARY

1 This report seeks Council approval for a Dunedin City Council (DCC) submission (Attachment A) on the draft Government Policy Statement on land transport 2024/25 - 33/34 (draft GPS 2024) (Attachment B).

RECOMMENDATIONS

That the Committee:

a) Approves, with any amendments, the DCC submission to the draft Government Policy Statement on land transport 2024.

b) Authorises the Chief Executive to make any minor editorial changes to the submission if required.

BACKGROUND

2 On 17 August 2023, the Ministry of Transport released the draft GPS 2024 for feedback. Consultation closes on 15 September 2023.

3 The draft GPS 2024 will replace the 2021 Government Policy Statement on land transport. It sets out the strategic priorities and funding available for land transport for the 2024-2027 National Land Transport Programme (NLTP). DCC transport capital projects and ongoing maintenance, operations, and renewals receive 51% funding from the NLTP.

DISCUSSION

4 The draft GPS includes six strategic priorities:

· Maintaining and operating the system (new in draft GPS 2024)

· Increase resilience (new in draft GPS 2024)

· Reducing emissions (replaces climate change from GPS 2021)

· Safety (remains a priority from 2021)

· Sustainable urban and regional development (replaces travel choices from GPS 2021)

· Integrated freight system (replaces improve freight connections from GPS 2021).

5 In addition to the strategic priorities, GPS 2024 identifies Government commitments and projects that the Government wishes to progress as part of a strategic investment programme. The strategic investment programme includes:

· Warkworth to Whangārei (SH 1)

· Auckland Northwest Rapid Transit

· Auckland third and fourth rail mains

· Avondale to Onehunga rail link

· Auckland and Wellington metropolitan level crossing upgrade and removal programme

· Cambridge to Piarere (SH 1)

· Tauranga to Tauriko (SH 29)

· Napier to Hastings (SH 2)

· Wellington CBD to Airport, Mount Victoria Tunnel, and Basin Reserve (SH 1)

· Wellington CBD to Island Bay mass rapid transit

· Nelson Rocks Road shared path (SH 6)

· Nelson Hope Bypass (SH 6)

· Christchurch Northern link (SH 1)

· Ashburton Bridge (SH 1)

6 The Government has also signalled commitment to:

· The Road to Zero Safety Strategy

· New Zealand Rail Plan

· Auckland Transport Alignment Project

· Let’s Get Wellington Moving

· Emissions Reduction Plan

· National Adaption Plan

· Disability Action Plan

· Inter-regional public transport

7 The investment section of the draft GPS 2024 sets out the revenue available to fund transport through the NLTF, activity classes and funding ranges, additional Crown funding, and current Waka Kotahi NZ Transport Agency borrowing.

8 The NLTF is funded from Fuel Excise Duties (FED), Road User Charges (RUC), and Motor Vehicle Registration fees and largely operates on a pay-as-you-go principle. Draft GPS 2024 identifies a change to include traffic infringement fees as an additional source of revenue for the NLTF and signals increases to FED and RUC.

9 Draft GPS 2024 proposes increasing FED and RUC by 4 cents per year for the 3 years 2024/25-2027/28. Officials recommended a higher increase in FED and RUC to meet increasing costs, but the Government has limited the increase to minimise the impact on households. The draft GPS 2024 also proposes making up the short fall in revenue from FED and RUC through $2.9 billion in Crown grants and $3.1 billion in Crown loans. The Crown loans will need to be paid back from the NLTF. It is unclear how this will be achieved when cost pressures on the NTLF are increasing.

10 Waka Kotahi does not raise capital through debt in the same way as local authorities and can only borrow where the Government has specifically enabled this. The GPS sets out these borrowing facilities. In GPS 2021 and the draft GPS 2024, the Government is enabling increased borrowing as the pay-as-you-go approach to funding capital projects is not keeping pace with cost inflation and the need for increased infrastructure. A further challenge is that increasing fuel efficiency of vehicles and mode shift is reducing revenue going into the NLTF. The Ministry of Transport is undertaking work to better understand the future of the transport revenue system and how to address these challenges.

11 Other changes in this GPS include the creation of a new activity class for inter-regional public transport. This is primarily a response to the Select Committee inquiry into the future of Inter-Regional Passenger Rail (Report released July 2023) but can also be used for bus or ferry services. The Select Committee inquiry identified a number of North Island rail projects where it recommended scoping studies. These are:

· Auckland to Wellington

· Auckland to Tauranga

· Napier to wellington

· An extension of the Capital Connection service (Palmerston North to Wellington) to Feilding.

12 Draft GPS 2024 sets funding ranges for the activity classes. It notes that 60% of NLTF funding is allocated to maintenance and operations activities. What is not explicitly included is how much of the remaining 40% of funding is already allocated to projects that are underway. Staff understand that in some activity classes, such as walking and cycling there is likely to be limited funding available for new projects.

13 Four sources of additional Crown funding that have already been committed are identified in the draft GPS 2024, they are:

· Cyclone Gabrielle interim emergency relief package

· New Zealand Upgrade Programme

· Climate Emergency Response Fund (Currently funding two projects in Dunedin — South Dunedin Schools and Safer Streets George/Bank Street)

· Rail Network Investment Programme.

14 The DCC submission was prepared with input from Transport, Zero Carbon, and Corporate Policy staff. The draft submission was circulated to Councillors for review and input.

OPTIONS

Option One – Recommended Option

15 Approve, with any amendments, the DCC submission to the draft GPS 2024.

Advantages

· Opportunity to show support, and highlight areas where Dunedin needs more support to maintain and operate the transport network and to implement projects which meet local and Central Government Objectives.

Disadvantages

· There are no identified disadvantages for this option

Option Two

16 Do not approve the DCC submission to the draft GPS 2024.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to show support for the Government’s strategic direction for transport and highlight areas where Dunedin needs more support from Central Government.

NEXT STEPS

17 If Council approves the DCC submission on the draft GPS 2024 staff will submit it, with any amendments, to the Ministry of Transport on or before 15 September 2023.

Signatories

Author:

Helen Chapman - Senior Transport Planner

Authoriser:

Jeanine Benson - Group Manager Transport

Mike Perkins - City Development Engineer

Attachments

	Title	Page
⇩a	Draft DCC submission on the draft Government Policy Statement on Land Transport 2024	35
⇩b	Draft Government Policy Statement on Land Transport 2024	40

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

Fit with strategic framework

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

This submission contributes to:

· The Economic Development Strategy, requesting that Government prioritise key transport links critical to business vitality and linkages beyond our borders.

· The environment strategy, requesting that Government provide the resources needed to deliver a low carbon transport system.

· The integrated transport strategy, highlighting the areas of strategic important to DCC’s transport network the importance of adequate funding to address them.

· The draft Zero Carbon Plan, highlighting the potential and importance of prioritising a Vehicle Kilometres Travelled (VKT) reduction plan for Dunedin.

Māori Impact Statement

The DCC is committed to the principles of the Treaty of Waitangi and working in partnership with mana whenua and maata waaka to achieve positive outcomes. The DCC consults with mana whenua in the development and implementation of land transport initiatives. No consultation has been undertaken with mana whenua on this draft submission.

Sustainability

Sustainability considerations are covered under the fit with strategic framework section.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The Draft GPS 2024 sets out Government priorities and investment setting for transport. This could influence the transport projects put forward for inclusion in the Regional Land Transport Plan and 10 year plan.

Financial considerations

There are no direct financial implications.

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

The Transport, Policy and Zero Carbon teams have provided input into the draft submission

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

There are no implications for Community Boards

Customer & Regulatory Services Committee

12 September 2023

Review of Gambling and TAB Venue Policy

Department: Civic

EXECUTIVE SUMMARY

1 This report updates the Council on the review of the Gambling and TAB Venue Policy (the Policy) and seeks approval for the statement of proposal for consultation.

2 The Gambling Act 2003 (the Act) requires local authorities to have a policy which states whether class 4 (non-casino gambling or ‘pokie’ machine) venues may be established within its district and, if so, where they may be situated. The policy may also limit the number of gaming machines (GMs) at those locations. A policy may include a relocation policy setting out if the territorial authority will grant consent for a venue which is intended to replace an existing class 4 venue.

3 The Dunedin City Council (DCC) has a ‘sinking lid’ approach whereby no new class 4 gambling venues or increase in the number of GMs at a venue are permitted. The current Policy is at Attachment A.

4 The Policy was last reviewed in April 2021 and must be reviewed at least every three years using the special consultative procedure. It is now due for review.

5 No substantive changes to the Policy are proposed. The only proposed change is to amend the wording ‘electronic gambling machine’ to ‘gaming machine’’ to be consistent with the wording in the Act. See Attachment B for the statement of proposal which includes the proposed Policy.

6 While the DCC must have a Gambling Venue Policy, the Department of Internal Affairs (DIA) is the licensing authority and is responsible for granting or refusing of gambling licences in accordance with the Policy.

RECOMMENDATIONS

That the Committee:

a) Notes the update on the review of the Gambling and TAB Venue Policy

b) Approves the statement of proposal and Gambling and TAB Venue Policy for consultation purposes

BACKGROUND

Legislation

7 The Act legislates on gambling including gambling venues and GMs. The purpose of the Act is to:

· Control the growth of gambling

· Prevent and minimise harm from gambling, including problem gambling

· Authorise some gambling and prohibit the rest

· Facilitate responsible gambling

· Ensure the integrity and fairness of games

· Limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling

· Ensure that money from gambling benefits the community and

· Facilitate community involvement in decisions about the provision of gambling.

8 The Act requires all territorial authorities to have a policy stating whether it would allow new non-casino gambling (‘pokie’ machine) venues to be established within its district and, if so, where they may be situated. A policy can also limit the number of GMs at those locations and contain a relocation policy. There is a statutory requirement to review such a policy at least every three years.

9 The Act requires the following matters to be considered in its policy development:

· Characteristics of the district and parts of the district

· Locations of kindergartens, early childhood centres, schools, places of worship and other community facilities

· Number of gambling machines that should be permitted to operate at any venue or class of venue

· Cumulative effects of additional opportunities for gambling in the district

· How close any venue should be permitted to be to any other venue

· What the primary activity of any venue should be.

10 The Gambling (Gambling Harm Reduction) Amendment Act 2013 introduced the additional requirement into the Act of including a ‘relocation policy’ which sets out if and when it will grant consent for a gambling venue to relocated within its district. The 2018 Policy review introduced a relocation policy within the main Policy.

11 The Racing Industry Act 2020 also requires territorial authorities to adopt a policy on New Zealand Racing Board venues (TABs) within its district.

Gambling harm and gambling benefits

12 Gambling harm is defined in the Act as “harm-

(a) means harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling; and

(b) includes personal, social, or economic harm suffered-

(i) by the person; or

(ii) the person’s spouse, civil union partner, de facto partner, family, whanau, or wider community; or

(iii) in the workplace; or

(iv) by society at large”.

13 The gambling system in New Zealand is set up to ensure some of the harms caused by gambling are mitigated by ‘pokie’ proceeds being returned to the community and being used for good causes. Other positive effects associated with safe levels of gambling have been cited as community connection, entertainment, employment opportunities, social interaction and support for sporting events and other activities that would otherwise be under-funded within the community.

Policy history

14 In 2004, the Council adopted a joint Gambling and TAB Venue Policy. At that time there were no restrictions on the number of venues or electronic gambling machines.

15 In 2013, when the Council reviewed the Policy, it adopted a sinking lid for South Dunedin and introduced a cap for the rest of the Dunedin area. The number of venues and electronic gaming machines in the Dunedin area continued to fall.

16 In 2018, the Council decided to extend the sinking lid to the whole Dunedin district and to introduce a relocation policy clause within the Policy allowing a venue to be relocated in exceptional circumstances.

17 In April 2021, the Council decided to retain the sinking lid and made minor amendments for clarification. It also lobbied central government through Local Government New Zealand to establish a more sustainable model of funding for community organisations to replace the reliance on gambling proceeds.

DISCUSSION

Gambling venue and GM numbers

18 In December 2022, there were 27 gambling and TAB venues in the Dunedin area and in March 2022, there were 384 GMs (source: Department of Internal Affairs). The number of venues and GMs has stabilised in recent years after trending downwards.

19 See Table 1 for the number of class 4 gambling venues in Dunedin. The red line shows the downward trend.

Table 1: Number of class 4 gambling venues in Dunedin by year

20 See Table 2 for the number of GMs in Dunedin. The red line shows the downward trend.

Table 2: Number of GMs in Dunedin by year

21 See Table 3 for the GM spend in Dunedin (source: Department of Internal Affairs). The dotted line shows the trend.

Table 3: GM spend in Dunedin

Policy review

22 The current Policy does not permit new class 4 gambling venues or any increase in the number of electronic gambling machines. The Policy includes a ‘relocation policy’ which sets out if and when consent will be granted for a gambling venue to relocate within a district.

23 The earlier policies referred to ‘electronic gambling machines’ however the wording in the Act refers to ‘gaming machines’. That later term is defined in the Act and includes a device which is mechanically or electronically operated. The only proposed change to the current Policy is to replace the term ‘electronic gambling machine (EGM)’ with the term ‘gaming machine’ which is consistent with the Act and provides certainty as to the definition of the device in accordance with the Act.

24 The Policy is working well, and no changes are proposed. Options to be consulted on are:

· Retain the existing policy which has a sinking lid approach to the number of venues and gambling machines in Dunedin. The existing policy does not allow relocation of venues unless in exceptional circumstances (status quo and preferred option)

· Do not limit the number of venues or gambling machines anywhere in Dunedin and grant consent for relocating gambling venues. Limit where new gambling venues may be established.

25 An analysis of options is presented in the statement of proposal.

Community engagement

26 The Act requires that the special consultative procedure is used for the review of this policy. This will include targeted emails to stakeholders such as class 4 venue licence holders and organisations representing Māori, as required by the Act. Relevant social service and support agencies, Community Boards and the general public will be consulted. The review will be advertised in the Otago Daily Times and on the DCC website.

OPTIONS

27 As this Policy and its review are required by legislation, there are no options to this report. If the Policy were allowed to lapse, this would be in breach of the Act and there would no control over the location and number of gambling and TAB venues or the number of GMs in Dunedin.

NEXT STEPS

28 Next steps are to consult on the review of the Policy using the special consultative procedure, before the Hearings Committee hears and considers submissions, later this year. The Hearings Committee will then make recommendations to the Council on the Policy before April 2024.

Signatories

Author:	Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor
Authoriser:	Sharon Bodeker - Manager Governance

Attachments

	Title	Page
⇩a	Gambling and TAB Venue Policy 2021	124
⇩b	Statement of proposal for Gambling and TAB Venue Policy review	128

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 policy review contributes to the Social Wellbeing Strategy priorities of vibrant and cohesive communities, connected people and safe and healthy people. It also contributes to the Spatial Plan priority of a liveable city – a safe and healthy environment.

Māori Impact Statement

It is a legal requirement to provide notice of the proposed policy to organisations representing Māori in the area and this is included in the community engagement plan.

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

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

Engagement – external

The policy review requires the special consultative procedure including consultation with class 4 gambling licence holders as well as Māori organisations. Engagement will also include relevant social service and support agencies, and will be advertised in the Otago Daily Times and on the DCC website.

Engagement - internal

There has been internal engagement with In-House Legal Counsel, Communications, Web and Governance teams.

Risks: Legal / Health and Safety etc.

If the Policy were allowed to lapse, this would be in breach of the Act and there would be no control over the location and number of gambling and TAB venues or the number of EGMs in Dunedin.

Conflict of Interest

There is no conflict of interest.

Community Boards

Community Boards will be advised of the policy review and invited to provide feedback.

Customer & Regulatory Services Committee

12 September 2023

Demolition by Neglect Update

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 This report provides a further update to the Customer and Regulatory Committee (the Committee) on demolition by neglect (the issue). This is in response to the Committee’s 15 May 2023 resolution: “that staff investigate the costs and benefits of using the Building Act proactively to address demolition by neglect and the degradation of the Dunedin streetscape”.

2 The Building Act 2004 (the Act) provides no legal mechanisms to address demolition by neglect and the degradation of the Dunedin streetscape (other than where a building is declared to be, or is affected by a building which is, dangerous or insanitary). This report discusses potential wider strategies to proactively address the issue. This includes:

· prevention

· intervention and mitigation of damage

· enforcement.

RECOMMENDATIONS

That the Committee:

a) Notes this update on demolition by neglect

b) Notes that this report will be referred to the Heritage Action Plan Advisory Group for its consideration as it develops a Draft Heritage Action Plan, noting that this Group will provide updates to Council.

BACKGROUND

Definition of demolition by neglect

3 Demolition by neglect is when a building is allowed to deteriorate to the point that demolition becomes necessary, or restoration becomes economically unreasonable. In some cases, building owners may allow this to happen to bypass heritage protections.

Previous Council reports

15 May 2023 – Customer and Regulatory Committee

4 On 15 May 2023, the Customer and Regulatory Committee considered a staff update on demolition by neglect. The update covered the lack of legislative tools to deal with the issue, local government advocacy to central government, and incentives for the preservation or restoration of heritage buildings.

Moved (Cr David Benson-Pope/Cr Kevin Gilbert):

That the Committee:

a) Notes the Demolition by Neglect report.

b) Requests that staff investigate the costs and benefits of using the Building Act proactively to address demolition by neglect and the degradation of the Dunedin Streetscape.

c) Notes that constructive engagement and incentivisation will continue as a core function of the City Development Team.

Division

The Committee voted by division

For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Mayor Jules Radich, Lee Vandervis, Steve Walker, Brent Weatherall, Andrew Whiley and Carmen Houlahan (15)

Against: Nil

Abstained: Nil

The division was declared CARRIED by 15 votes to 0

Motion carried (CRC/2023/001)

19 June 2023 – Strategy, Planning and Engagement Committee

5 Since then, on 19 June 2023, the Strategy, Planning and Engagement Committee received a report on the ‘Heritage Action Plan – Establishment of an Advisory Group’ and approved Terms of Reference for a Heritage Action Plan Advisory Group. It noted the proposed programme and workshop focus areas. One of the focus areas is demolition by neglect.

Earlier reports

6 Earlier reports on the issue were considered on 3 June 2014 and on 13 June 2017 by relevant committees.

DISCUSSION

Potential strategies

7 Three potential strategies to proactively address demolition by neglect are discussed:

· enforcement

· intervention and mitigation of damage

· prevention.

Legal mechanisms - enforcement

8 As a Territorial Authority and Building Consent Authority, the legal mechanisms available to the DCC to intervene and compel building owners to halt building deterioration are narrow:

· There is no provision in the Act to address demolition by neglect or degradation of streetscapes.

· The Act’s provisions are limited to dealing with dangerous and insanitary buildings or those nearby buildings that may be affected by a dangerous or insanitary building (as defined in the Act). Once the dangerous or insanitary elements have been removed, then powers within the Act to require any further work cease. Should an owner fail to comply with a dangerous or insanitary building notice, enforcement options are limited to penalising the owners, or doing works to remove the danger or insanitary elements. Enforcement powers do not empower the DCC to restore the building.

· Resource Management Act 1991 (RMA) provisions were limited to avoiding, remedying or mitigating adverse effects on the environment caused by activities. As demolition by neglect is the result of the lack of an activity i.e., maintenance, the RMA did not provide for this issue. The RMA is limited to protecting historic heritage from inappropriate subdivision, use and development.

· When considering the legislation replacing the RMA, the Environment Select Committee report on the Natural and Built Environment Bill and Spatial Planning Bill did not make any recommendations to the House of Representatives relating to demolition by neglect. DCC submissions asked that provision be included to enable management of demolition by neglect of protected heritage assets. However, the Bill received Royal Assent on 23 August 2023, with no additional provisions to protect heritage assets.

· The Second Generation Dunedin City District Plan (2GP) has no provisions requiring the maintenance of buildings. For scheduled heritage buildings and character contributing buildings, the 2GP was developed with a focus on enabling owners to undertake maintenance work without requiring a resource consent. Repairs, maintenance, and restoration (excluding Heritage New Zealand Pouhere Taonga Category 1 Historic Places) are permitted activities provided the work is undertaken on a ‘like for like’ basis or returns the building to an earlier known form. 2GP provisions enable owners to maintain their protected buildings without consent but do not address situations where a building is neglected.

· Creation of a bylaw was considered by the Council in May 2023, and it was noted a bylaw is not considered a suitable or sustainable mechanism for enforcement.

Proactive work since 2014 - intervention

9 A June 2014 report to Council’s Planning and Regulatory Committee, suggested there was potential for a more proactive approach to investigating damp and insanitary buildings such as discussions with building owners and potentially issuing a notice requiring work.

10 Since 2014, there has been increased focus on the following:

· Discussions with owners of buildings which may be dangerous or insanitary are always the first step (where possible).

· Increased customer education and information, for example since 1 January 2023 Building Services staff have provided 26 training sessions on various topics with a total of 269 attendees from multiple organisations.

· Insanitary buildings are now investigated whether or not they are occupied (previously unoccupied buildings were not considered insanitary).

· A Heritage Register was established in 2017/18.

· Investigations are based on complaints and feedback from any source.

· Working with the Tenancy Compliance and Investigation team at the Ministry of Business, Innovation and Employment when required, such as when they identify a property that may require attention.

Prevention and education

11 The New Zealand Historic Places Trust (Pouhere Taonga) in its
Report Sustainable Management of Historic Heritage, notes “ the provision of guidance and incentives is the first and primary method of encouraging on-going maintenance of heritage places.”

12 Council may wish to consider whether it would like to incentivise greater care of Dunedin’s heritage buildings through prevention and education initiatives such as:

· revision of the Dunedin Heritage Fund (criteria and amount)

· reduction to building and resource consent fees

· communication and education campaigns

· further advocacy to central government.

13 Any initiatives or incentives could be considered as part of the development of the Heritage Action Plan.

14 Any proposed measures would be considered by the Council for prioritisation and resourcing, along with 10 Year Plan reports, budgets and review of relevant financing policies.

OPTIONS

15 As the main purpose of this report is for noting there are no options.

NEXT STEPS

16 This advice will be referred to the Heritage Action Plan Advisory Group for its consideration as it develops a Draft Heritage Action Plan.

17 The Heritage Action Plan Advisory Group is expected to present the Draft Heritage Action Plan to Council at its 28 November 2023 meeting .

18 It is expected that the Heritage Action Plan Advisory Group will consider its proposed workplan and programme with a view to present a Draft Heritage Action Plan in January 2024 as part of 10 Year Plan reports.

Signatories

Author:	Paul Henderson - Building Services Manager
Authoriser:	Claire Austin - General Manager Customer and Regulatory

Attachments

There are no attachments for this report.

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	☐	☐	☒

This report is for noting only. However, issues relate to priorities of Better Homes in the social Wellbeing Strategy, Compelling Destination in the Economic Wellbeing Strategy, and Memorable and Distinctive City in the Spatial Plan.

Māori Impact Statement

There are no specific impacts for Māori in this advice.

Sustainability

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Any proposed measures would be considered by the Council for prioritisation and resourcing, along with 10 Year Plan reports, budgets and review of relevant financing policies

Financial considerations

As noted above

Significance

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

Engagement – external

There has been no external engagement.

Engagement - internal

There has been internal engagement with City Development and In-House Legal Counsel.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

There are no specific implications for Community Boards.

	Title	Page
A ⇩	Minutes of Customer & Regulatory Committee meeting held on 7 August 2023	15

Author:	Jennifer Lapham - Governance Support Officer
Authoriser:	Sharon Bodeker - Manager Governance

Author:	Ros MacGill - Manager Compliance Solutions
Authoriser:	Claire Austin - General Manager Customer and Regulatory