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 05 December 2023, commencing at 10.00 am

PRESENT

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

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Robert West (General Manager Corporate and Quality), Claire Austin (General Manager Customer and Regulatory), David Ward (Acting General Manager Infrastructure and Development), John Christie (Manager Enterprise Dunedin), Leanne Mash (Communications and City Marketing Manager), and Nicola Morand ((Manahautū (General Manager Māori, Partnerships and Policy)(Acting)), (Acting General Manager Infrastructure and Development), Jonathan Rowe (Programme Manager, South Dunedin Future), Josh Von Pein (Programme Manager – Mayor Projects), Glen Hazelton (Project Director, Central City Plan), Sharon Bodeker (Special Projects Manager), Dr Anna Johnson (City Development Manager) and Emma Christmas (Senior Planner)

Governance Support Officer                  Lynne Adamson

OPENING KARAKIA

The Mayor opened the meeting with a Karakia.

1          Public Forum

Benjamin Paterson – International Flights

Benjamin Paterson spoke about the survey he conducted for the reinstatement of international flights into Dunedin Airport.  He had received 22,000 responses with the most popular destinations being Brisbane, Gold Coast, Melbourne and Sydney.  Benjamin sought Council support for his initiative.

Ben responded to questions and advised that he had a trip to Auckland planned for late January where he planned to meet with airline representatives to speak on his survey.

Bevan Meddings – the Exchange

Mr Meddings spoke on the need for an upgrade to the Exchange area.  He provided information on the buildings he owned and spoke of the significance of other buildings and accommodation in the area which drew visitors to the Exchange. 

He urged Councillors to visit, assess the area and include an upgrade in future works for the city.  Mr Meddings responded to questions.

2          Apologies

There were apologies from Crs Jim O’Malley and Marie Laufiso for absence and Cr Andrew Whiley for lateness.

             Moved (Mayor Jules Radich/Cr Steve Walker):

             That the Council:

Accepts the apologies from Crs Jim O’Malley and Marie Laufiso for absence and Cr             Andrew Whiley for lateness.

             Motion carried (CNL/2023/289)

3          Confirmation of agenda

Moved (Mayor Jules Radich/Cr Mandy Mayhem): That the Council: Confirms the agenda with the following alterations: That Item 9 – Housing Capacity Assessment Update 2023 and other supporting research to inform the draft Future Development Strategy be taken before Item 8 – Future Development Strategy: Adopting the draft for consultation That Item C2 of the Supplementary Agenda – Proposed Governance Approach to Strategies, Plans and Programmes of Work be withdrawn from the Agenda. That Item 12 – LGNZ – Special General Meeting has an additional paper which had been circulated. Motion carried (CNL/2023/290)

4          Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

Moved (Mayor Jules Radich/Cr Cherry Lucas):

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/2023/291)

5          Confirmation of Minutes

5.1       Ordinary Council meeting - 28 November 2023
	Moved (Cr Cherry Lucas/Cr Kevin Gilbert): That the Council: a)         Confirms the public part of the minutes of the Ordinary Council meeting held on 28 November 2023 as a correct record. Motion carried (CNL/2023/292)

Reports

6          South Dunedin Future - Risk Assessment & Adaptation Approaches
	A report from Māori, Partnerships & Policy provided an update on the South Dunedin Future programme, which included findings from the risk identification stage, to seek endorsement of a longlist of generic adaptation approaches.  It sought approval to engage the community on those topics.
	The Acting General Manager Infrastructure and Development (David Ward); Manahautū (General Manager Māori Partnerships and Policy (Acting) (Nicola Morand); and Programme Manager, South Dunedin Future (Jonathan Rowe) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Christine Garey): That the Council: a)         Notes the background of the South Dunedin Future programme and work undertaken since the previous update report to the Strategy, Planning and Engagement Committee on 14 August 2023. Risk Assessment b)        Notes the risk assessment workstream of the South Dunedin Future programme will be undertaken in three stages: (i) risk identification; (ii) risk exposure and vulnerability assessment; and (iii) detailed risk assessment. c)         Notes the attached Risk Identification Report for South Dunedin, which constitutes the first stage of risk assessment workstream, and has been prepared by the ‘Kia Rōpine’ consultant team (WSP, BECA and Tonkin & Taylor). d)        Notes the Risk Identification Report has undergone technical peer review by Jacobs New Zealand Ltd and Royal HaskoningDHV, and that there remain peer review feedback items to resolve in the next stage of the risk assessment workstream. e)        Notes work has commenced on the second stage of the risk assessment workstream, confirming the risk assessment methodology, which will be completed by mid-2024 and reported back to Councils. Adaptation Approaches f)         Notes the adaptation approaches workstream of the South Dunedin Future programme will be undertaken in five stages: (i) domestic and international good practice report; (ii) longlist of generic adaptation approaches; (iii) spatial longlist of adaptation approaches; (iv) spatial shortlist of adaptation approaches; and (v) preferred approaches. g)         Notes the attached Domestic and international good practice report, which constitutes the first stage of the adaptation approaches workstream, and has been prepared by the ‘Kia Rōpine’ consultant team (WSP, BECA and Tonkin & Taylor). h)        Notes the attached Longlist of generic adaptation approaches – Context summary report and Factsheets, which constitute the second stage of the adaptation approaches workstream, and have been prepared by the ‘Kia Rōpine’ consultant team (WSP, BECA and Tonkin & Taylor). i)          Notes that the Domestic and international good practice report, and the Longlist of generic adaptation approaches – Context summary report and Factsheets, have undergone technical peer review by Jacobs New Zealand Ltd, supported by Royal HaskoningDHV and Bell Adapt Ltd. j)          Endorses the attached Longlist of generic adaptation approaches – Context summary report and Factsheets for the purposes of community engagement. Community Engagement k)         Notes the next stage of the risk assessment workstream includes seeking community input into identification and confirmation of relevant risks for South Dunedin. l)          Notes the next stage in the adaptation approaches workstream is to engage with partners, stakeholders and affected communities on the longlist of generic adaptation approaches. m)       Approves the SDF programme team undertaking engagement with partners, stakeholders and affected communities on the basis of the approaches identified in the Longlist of generic adaptation approaches – Context Summary Report and Factsheets, which will inform development of subsequent adaptation approaches work. Division The Council voted by division For:                Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Steve Walker, Brent Weatherall 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/2023/293)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting for 5 minutes.

             Motion carried

The meeting adjourned at 11.18 am and reconvened at 11.33 am.

Cr Andrew Whiley entered the meeting at 11.33 am.

7          Developing a Climate Change Adaptation Plan for Dunedin City
	A report from Māori, Partnerships & Policy canvased key considerations and options for the development of a climate change adaptation plan for Dunedin and to seek direction from Council about which option(s) should be explored further.
	The Acting General Manager Infrastructure and Development (David Ward); Manahautū (General Manager Māori Partnerships and Policy (Acting) (Nicola Morand); and Programme Manager, South Dunedin Future (Jonathan Rowe) spoke to the report and responded to questions.
Moved (Mayor Jules Radich/Cr Kevin Gilbert) That the Council: Adjourns the meeting for 40 minutes Motion carried The meeting adjourned at 12.09 pm and reconvened at 12.51 pm
	Moved (Cr Sophie Barker/Cr Christine Garey): That the Council: a)         Endorses further work to scope development of a Dunedin adaptation plan based on the following three options: i)          Option One (Comprehensive/Core Adaptation Function) – Establishing a dedicated adaptation planning resource within DCC with responsibility for developing (i) a high-level, city-wide adaptation plan for Dunedin; (ii) a series of lower-level plans covering specific domains or smaller geographic areas in greater detail (as required); and (iii) managing existing adaptation planning work. ii)         Option Two (Comprehensive/Programme) – Establishing a dedicated programme to develop (i) a high-level city-wide adaptation plan for Dunedin and (ii) a series of lower-level plans covering specific domains or smaller geographic areas in greater detail (as required). iii)        Option Three (Limited/Project) – Establishing a dedicated project to develop a high-level city-wide adaptation plan for Dunedin. b)        Notes that the costed options will be provided for Council in time for consideration as part of the deliberations for the 10 year plan in May 2024. c)         Notes that as part of the development of the options there will be workshops with Councillors, engagement with mana whenua and other key stakeholders. Division The Council voted by division For:                    Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (12). Against:            Cr Lee Vandervis (1). Abstained:      Nil The division was declared CARRIED by 12 votes to 1 Motion carried (CNL/2023/294)

Cr Carmen Houlahan left the meeting at 1.05 pm and returned at 1.08 pm.

9          Housing Capacity Assessment Update 2023 and other supporting research to inform the draft Future Development Strategy
	A report from City Development advised that the National Policy Statement on Urban Development (NPS-UD) required the Dunedin City Council (DCC) and the Otago Regional Council (ORC) to jointly prepare a Future Development Strategy (FDS) for Dunedin by mid-2024. The FDS was being prepared by DCC and ORC in partnership with mana whenua.
	The Chief Executive Officer (Sandy Graham); Acting General Manager Infrastructure and Development (David Ward), City Development Manager (Dr Anna Johnson) and Senior Planner (Emma Christmas) provided an update and spoke to the report.  Formative Director (Rodney Yeoman) attended via audio visual link. Council acknowledged and recognised all the work Nathan Stocker (former Team Leader Research and Monitoring) had completed in this field.
	Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: a)         Notes the Housing Capacity Assessment update 2023. b)        Notes the draft Dunedin business land research report and Dunedin Retail Trends and Land Use Study. c)         Notes the housing bottom lines which will be inserted into Dunedin’s District Plan (2GP). Motion carried (CNL/2023/295)

8          Future Development Strategy: Adopting the draft for consultation

A report from City Development noted that the National Policy Statement on Urban Development (NPS-UD) required the Dunedin City Council (DCC) and Otago Regional Council (ORC) to jointly prepare a Future Development Strategy (FDS) for Dunedin by mid-2024. The FDS was being prepared by DCC and ORC in partnership with mana whenua.

The Chief Executive Officer (Sandy Graham); Acting General Manager Infrastructure and Development (David Ward), City Development Manager (Dr Anna Johnson) and Senior Planner (Emma Christmas) spoke to the report and responded to questions. 

Dr Johnson introduced the Future Development Strategy and explained the relationship with the 10 year plan.

Moved (Mayor Jules Radich/Cr Steve Walker):

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
C2  Future Development Strategy Attachment Report	S7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	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.

Motion carried (CNL/2023/296)

The meeting moved into confidential at 1.24 pm and resumed in public at 1.35 pm.

Moved (Cr Cherry Lucas/Cr Kevin Gilbert):

That the Council:

a)         Adopts the draft Dunedin Future Development Strategy, Statement of Proposal and Submission Form for public consultation under section 83 of the LGA 2002, starting on 31 January 2024.

b)        Notes the FDS Technical Report.

c)         Resolves under section 48(1)(a)(i) and section 7(2)(j) of the Local Government Official Information and Meetings Act 1987 to withhold the draft FDS, Statement of Proposal, Submission Form and FDS Technical Report, which have been provided, until 31 January 2024 to prevent the disclosure or use of official information for improper gain or improper advantage.

d)        Delegates to the Chief Executive Officer (or delegate) the power to correct or authorise the correction of, typographical errors or to make minor amendments to the content of draft FDS or its accompanying supporting documents.

Motion carried (CNL/2023/297) with Cr Lee Vandervis recording his abstention

10        Central City Plan Update and Business Case Development for future stages
	A report from the Project Management Office presented revised cost estimates from those prepared in 2017 for the above ground transport and amenity works for the Central City Plan.  The report sought Council consideration to what level of above ground amenity works should be undertaken on the Bath Street component of the Central City Plan.  It also presented high level cost estimates for the Octagon.
	The General Manager Corporate and Quality (Robert West), Programme Manager – Major Projects (Josh Von Pein) and Project Director, Central City Plan (Glen Hazelton) spoke to the report and responded to questions.
Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: Adjourns the meeting for 5 minutes. Motion carried The meeting adjourned at 2.19 pm and reconvened at 2.28 pm.
	Moved (Cr David Benson-Pope/Cr Christine Garey): That the Council: a) Approves a budget of $2.63m for a high level upgrade for above ground amenity on Bath Street. b) Notes that this was an increase in budget of $1.13m. Division The Council voted by division For:                 Crs David Benson-Pope, Christine Garey, Mandy Mayhem, Steve Walker (4). Against:         Crs Bill Acklin, Sophie Barker, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Lee Vandervis, Brent Weatherall  Andrew Whiley and Mayor Jules Radich (9) Abstained:   Nil The division was declared LOST by 9 votes to 4
	Moved (Cr David Benson-Pope/Cr Christine Garey): That the Council: c)         Notes that a business case for the remainder of the CCP projects would be              prepared in the 2024/2025 year. d) Notes the business case would be used as a basis to review the Central City Plan. Division The Council voted by division For:                Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Lee Vandervis, Steve Walker, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (13). Against:        Nil Abstained:   Nil The division was declared CARRIED by 13 votes to 0 Motion carried (CNL/2023/298)
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council:              a)         Confirms a moderate level upgrade for above ground amenity on Bath Street b) Notes that $1.5m was already included within existing budgets.              Division              The Council voted by division              For:                 Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (10).              Against:         Crs Mandy Mayhem, Lee Vandervis and Steve Walker (3).             Abstained:    Nil The division was declared CARRIED by 10 votes to 3 Motion carried (CNL/2023/299)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting for 5 minutes.

Motion carried

The meeting adjourned at 3.18 pm and reconvened at 3.31 pm.

11        Letter of Expectation for Dunedin City Holdings Limited and Group
	A report from Civic provided a draft Letter of Expectation  for the Dunedin City Holdings Limited Board for consideration.
	The Chief Executive Officer (Sandy Graham) and Special Projects Manager (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: a)     Approves the draft Letter of Expectation to the Board of Dunedin City Holdings Limited on behalf of the Council as Shareholder. b)     Authorises the Mayor to sign the Letter of Expectation on behalf of the Council as Shareholder. Motion carried (CNL/2023/300) with Cr Lee Vandervis recording his vote against

12        LGNZ - Special General Meeting
	A report from Corporate Policy sought a Council decision on how it wished to vote on the proposed resolution at the upcoming Local Government New Zealand Special General Meeting to endorse The Future by Local Government – A consensus outcome paper.
	The Chief Executive Officer (Sandy Graham) and Special Projects Manager (Sharon Bodeker) spoke to the report and responded to questions.
Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: Extends the meeting beyond 6 hours. Motion carried
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: a) Build a new system of government that’s fit for purpose. Motion carried (CNL/2023/301) with Cr Lee Vandervis recording his abstention
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: b)         Rebalance the country’s tax take between central and local government Motion carried (CNL/2023/302) with Cr Lee Vandervis recording his abstention
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: c)         Create strong, more authentic relationships between local government and iwi, hapū and Māori. Motion carried (CNL/2023/303) with Cr Lee Vandervis recording his abstention
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: d)        Align central, regional and local government priorities. Motion carried (CNL/2023/304) with Cr Lee Vandervis recording his abstention
	Moved (Mayor Jules Radich/Cr Cherry Lucas): That the Council: e) Strengthen local democracy and leadership Motion carried (CNL/2023/305) with Cr Lee Vandervis recording his abstention
2          Proposed Governance Approach to Strategies, Plans and Programmes of Work
	This item was withdrawn from the agenda.

Resolution to exclude the public

Moved (Mayor Jules Radich/Cr Steve Walker):

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 - 28 November 2023 - Public Excluded	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege. S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	.
C3  Infrastructure Related Purchase	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 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/2023/306)

The meeting moved into confidential at 4.22 pm. and concluded at 4.47 pm.

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

MAYOR