Notice of Meeting:
I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:
Date: Wednesday 31 July 2024
Time: 10.00 am
Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
Council
PUBLIC AGENDA
MEMBERSHIP
Mayor |
Mayor Jules Radich |
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Deputy Mayor |
Cr Cherry Lucas
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Members |
Cr Bill Acklin |
Cr Sophie Barker |
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Cr David Benson-Pope |
Cr Christine Garey |
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Cr Kevin Gilbert |
Cr Carmen Houlahan |
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Cr Marie Laufiso |
Cr Mandy Mayhem |
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Cr Jim O'Malley |
Cr Lee Vandervis |
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Cr Steve Walker |
Cr Brent Weatherall |
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Cr Andrew Whiley |
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Senior Officer Sandy Graham, Chief Executive Officer
Governance Support Officer Lynne Adamson
Lynne Adamson
Governance Support Officer
Telephone: 03 477 4000
governance.support@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
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Council 31 July 2024 |
ITEM TABLE OF CONTENTS PAGE
1 Opening 4
2 Public Forum 4
3 Apologies 4
4 Confirmation of Agenda 4
5 Declaration of Interest 5
6 Confirmation of Minutes 17
6.1 Ordinary Council meeting - 25 June 2024 17
Reports
7 Actions From Resolutions of Council Meetings 50
8 Forward Work Programme for Council - July 2024 57
9 South Dunedin Future - Programme Update (July 2024) 65
10 Zero Carbon work programme 2023/24 update 77
11 Approval to make the District Plan (2GP) Partially Operative 198
12 9 year plan 2025-34 Process 208
13 DCC Submission on the draft Minerals Strategy to 2040 223
14 Litter Compliance Policy Review 248
15 New Zealand Masters Games Final Report 267
16 Retail Quarter - No Stopping Restrictions 280
17 LGNZ Annual General Meeting Remits 289
18 Amendment to Standing Orders - Quorum 345
19 Hearings Committee Delegation Change 349
20 Grants Review - Terms of Reference 351
21 Grants Subcommittee - External Representatives 359
22 Proposed Event Road Closures - August 2024 361
23 Code of Conduct - Cr Vandervis 371
Resolution to Exclude the Public 399
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Council 31 July 2024 |
Tania Williams, Manager of Araiteuru Marae will provide the opening karakia.
At the close of the agenda public forum registrations were still being taken. The speakers will be confirmed following closure of registrations 24 hours before the meeting begins.
An apology has been received from Cr Lee Vandervis.
That the Council:
Accepts the apology from Cr Lee Vandervis.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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Council 31 July 2024 |
EXECUTIVE SUMMARY
1. Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
2. Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.
3. Staff are reminded to update their register of interests as soon as practicable.
That the Council:
a) Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and
b) Confirms/Amends the proposed management plan for Elected Members' Interests.
c) Notes the proposed management plan for the Executive Leadership Team’s Interests.
Attachments
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Title |
Page |
⇩a |
Councillor Interest Register |
6 |
⇩b |
ELT Interest Register |
15 |
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Council 31 July 2024 |
Ordinary Council meeting - 25 June 2024
That the Council:
a) Confirms the public part of the minutes of the Ordinary Council meeting held on 25 June 2024 as a correct record.
Attachments
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Title |
Page |
A⇩ |
Minutes of Ordinary Council meeting held on 25 June 2024 |
18 |
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Council 31 July 2024 |
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 June 2024, commencing at 10.00 am
PRESENT
Deputy Mayor |
Cr Cherry Lucas
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Members |
Cr Sophie Barker |
Cr David Benson-Pope |
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Cr Christine Garey |
Cr Kevin Gilbert |
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Cr Carmen Houlahan |
Cr Mandy Mayhem |
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Cr Marie Laufiso (via zoom audio visual link) |
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Cr Jim O'Malley |
Cr Lee Vandervis |
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Cr Steve Walker |
Cr Brent Weatherall |
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Cr Andrew Whiley |
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IN ATTENDANCE |
Sandy Graham (Chief Executive Officer), Leanne Mash (Deputy CEO/General Manager Business and Community Engagement), Carolyn Allan (Chief Financial Officer), Scott MacLean (General Manager Climate and City Growth), David Ward (General Manager 3 Waters and Transition), Mike Cartwright (Acting General Manager Corporate Services), Hayden McAuliffe (Financial Services Manager), Anna Nilsen (Group Manager Property), Jeanine Benson (Manager Transport), Chris Henderson (Group Manager Waste & Environmental Solutions) and Heath Ellis (Acting Group Manager Parks and Recreation) |
Governance Support Officer Lynne Adamson
1 OPENING
the meeting was opened with a karakia by Rev Greg Hughson on behalf of the Dunedin Interfaith Council and the Dunedin Methodist Community.
Cr Kevin Gilbert entered the meeting at 10.03 am.
1A Public Forum
There were ten speakers for the public forum.
a) Annual Plan and Proposed Rates Increase
Mr Lyndon Weggery with Tony Cummings and Karen Anderson in support, spoke on behalf of the Dunedin Area Citizens’ Association on the Annual Plan and the proposed rates increase.
Mr Weggery responded to questions.
b) Proposed Rates Increase
Robyn Vintiner spoke on behalf of the Reduced Rates Group on the proposed rates rise and suggestions of the group on ways to reduce the increase.
c) Notice of Motion – Place Based Funding
James Sutherland and Jen Rogers circulated copies of the “Valley Voice” and “A Snapshot – Connecting our Community” newsletters which were distributed to the local community. They spoke on behalf of the Sutherland Valley Project to the Notice of Motion – Place Based Funding and the benefit of the funding to their community.
Mr Sutherland and Ms Rogers responded to questions.
Moved (Deputy Mayor Cherry Lucas/Cr Mandy Mayhem):
That the Council:
Extends the public forum beyond 30 minutes.
Motion carried
d) Notice of Motion – Place Based Funding
Robyn McLean spoke to the Notice of Motion – Place Based Funding on behalf of the Ōtepoti Community Builders and the importance of community led development and funding support.
Ms McLean responded to questions.
e) Notice of Motion – Place Based Funding
Rebecca Costelloe and Robin Thomas circulated copies of the “Strath Taieri Connect Charitable Trust – Community LED Development Snapshot”, circulated to the community and spoke on behalf of the Strath Taieri Connect Charitable Trust to the Notice of Motion – Place Based Funding. They explained the work of the trust and the importance of funding to their work.
Mr Thomas and Ms Costelloe responded to questions.
Cr Carmen Houlahan left the meeting at 10.58 am.
f) Notice of Motion – Place Based Funding
Melanie McNatty, Greater Green Island Community Network spoke to the Notice of Motion – Place Based Funding and the benefit of the funding to the community.
Cr Carmen Houlahan returned to the meeting at 11.02 am.
Ms McNatty responded to questions.
g) Homelessness
Sandra Lotus spoke on behalf of the Reduce Rates Group and commented that a concern for the group was the homelessness in the city. She requested Council look at Council owned properties with a view to provide accommodation for these people.
Ms Lotus responded to questions.
h) Notice of Motion – Place Based Funding
Kirsten Gibson, South Dunedin Community Network circulated copies of the “Lowdown” newsletter which was distributed to the local community and spoke on the Notice of Motion – Place Based Funding. She commented on the function of the South Dunedin Community Network.
Ms Gibson responded to questions.
i) Annual Plan and Rates Increase
Pamela Taylor spoke on the annual plan and the proposed rates increase.
Ms Taylor responded to questions.
j) Safety and accessibility issues on George Street
Elliot Weir supported the community groups and advocated for the continuation of the funding at the increased level. He then spoke about the empty shops in George Street and the safety and accessibility issues of the street and problems with after hours parking.
Mr Weir responded to questions.
Moved (Deputy Mayor Cherry Lucas/Cr Mandy Mayhem.
That the Council:
Adjourns the meeting for 5 minutes.
Motion carried
The meeting adjourned at 11.50 am and resumed at 11.59 am.
2 Apologies |
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Moved (Deputy Mayor Cherry Lucas/Cr Mandy Mayhem): That the Council:
Accepts the apologies from Mayor Jules Radich and Cr Bill Acklin for absence, Cr Kevin Gilbert for lateness and Cr Christine Garey for possible early departure.
Motion carried (CNL/2024/107) |
3 Confirmation of agenda |
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Moved (Deputy Mayor Cherry Lucas/Cr Kevin Gilbert): That the Council:
Confirms the agenda without addition or alteration.
Motion carried (CNL/2024/108) |
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.
Cr Kevin Gilbert noted that he had provided an update to his Interest Register.
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Moved (Deputy Mayor Cherry Lucas/Cr Mandy Mayhem): That the Council:
a) Amends the Elected Members' Interest Register; and b) Amends the proposed management plan for Elected Members' Interests. c) Notes the proposed management plan for the Executive Leadership Team’s Interests. Motion carried (CNL/2024/109) |
Cr Mandy Mayhem entered the meeting at 12.01 pm.
5 Confirmation of Minutes
5.1 Ordinary Council meeting - 8 May 2024 |
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Moved (Deputy Mayor Cherry Lucas/Cr Sophie Barker): That the Council:
a) Confirms the public part of the minutes of the Ordinary Council meeting held on 08 May 2024 as a correct record. Motion carried (CNL/2024/110) |
5.2 Ordinary Council meeting - 14 May 2024 |
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Moved (Deputy Mayor Cherry Lucas/Cr Sophie Barker): That the Council:
a) Confirms the public part of the minutes of the Ordinary Council meeting held on 14 May 2024 as a correct record. Motion carried (CNL/2024/111) |
5.3 Ordinary Council meeting - 28 May 2024 |
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Moved (Deputy Mayor Cherry Lucas/Cr Kevin Gilbert): That the Council:
a) Confirms the public part of the minutes of the Ordinary Council meeting held on 28 May 2024 with the following correction: That Crs Steve Walker and Andrew Whiley withdrew from Item 9 – DCC Submission on the Dunedin Casino Limited Application for Licence Renewal. Motion carried (CNL/2024/112) |
Reports
6 Actions From Resolutions of Council Meetings |
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A report from Civic provided an update on the progress of implementation of resolutions made at Council meetings. |
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The Chief Executive Officer (Sandy Graham) spoke to the report. In response to a question on letters sent to Central Government, Ms Graham advised that there had been a response from the Hon Erica Stanford on the establishment of a special visa, which had been circulated to Councillors. She noted that, to date, a response had not been received from the Hon Louise Upton on the immediate reversal of changes made to the Purchasing Rules and Equipment Modifications and that consistent access be given to the flexible disability service.
Ms Graham clarified the process for the commitment to stop the use of single use cups in Council venues.
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Moved (Deputy Mayor Cherry Lucas/Cr Steve Walker): That the Council:
a) Notes the Open and Completed Actions from resolutions of Council meetings. Motion carried (CNL/2024/113) |
7 Forward Work Programme for Council - April 2024 |
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A report from Civic provided the updated forward work programme for the 2023-2024 year. |
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The Chief Executive Officer (Sandy Graham) spoke to the report and responded to questions.
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Moved (Deputy Mayor Cherry Lucas/Cr Steve Walker): That the Council:
a) Notes the updated Council forward work programme. Motion carried (CNL/2024/114) |
9 Financial Report - Period ended 30 April 2024 |
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A report from Finance provided the financial results for the period ended 30 April 2024 and the financial position as at that date. |
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The Chief Financial Officer (Carolyn Allan) and Financial Services Manager (Hayden McAuliffe) spoke to the report and responded to questions.
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Moved (Cr Lee Vandervis/Deputy Mayor Cherry Lucas): That the Council:
a) Notes the Financial Performance for the period ended 30 April 2024 and the Financial Position as at that date. Motion carried (CNL/2024/116) |
10 Proposed Event Road Closures - July and September 2024 |
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A report from Transport sought approval for temporary road closure applications relating to the following events: a) All Blacks vs. England - Stadium b) All Blacks vs. England – Octagon and George Street c) All Blacks vs. England – Forth Street d) 2024 Emerson’s Dunedin Marathon |
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The General Manager Climate and City Growth (Scott MacLean) spoke to the report and responded to questions.
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Moved (Cr Lee Vandervis/Cr Andrew Whiley): 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 (LGA 1974)): i) All Blacks vs. England - Stadium
Please be advised that all vehicles parked in the signposted no parking areas from 2.00pm will be towed. ii) All Blacks vs. England – Octagon and George Street
iii) All Blacks vs. England – Forth Street
iv) 2024 Emerson’s Dunedin Marathon
Motion carried (CNL/2024/117) |
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A report from Civic sought approval of a recommendation from the Strategy, Planning and Engagement Committee to Council that it adopted the proposed amendments to the wording and template for Councillor Advisory Panels in the Committee Structure and Delegations Manual. |
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The Chief Executive Officer (Sandy Graham) spoke to the report.
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Moved (Cr Sophie Barker/Cr Lee Vandervis): That the Council:
a) Adopts the proposed amendments to the wording and template in relation to Councillor Advisory Panels in the Committee Structure and Delegations Manual, as recommended by the Strategy, Planning and Engagement Committee. b) Updates the Committee Structure and Delegations Manual 2019 to reflect the change. Motion carried (CNL/2024/118) |
Moved (Deputy Mayor Cherry Lucas/Cr Kevin Gilbert):
That the Council:
Adjourns the meeting until 1.45 pm.
Motion carried
The meeting adjourned at 1.10 pm and reconvened at 1.45 pm.
12 Dunedin City Holdings Group Companies - Statements of Intent 2024/25 |
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A report from Civic sought approval for the 2024/25 Statements of Intent of Dunedin City Holdings Ltd (DCHL). The report noted that they had been adopted by their respective boards and endorsed by the board of DCHL. They incorporated feedback provided by the DCC as ultimate shareholder. |
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The General Manager, Dunedin City Holdings Limited (Tim Loan) spoke to the Statements of Intent and responded to questions.
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Moved (Cr Lee Vandervis/Cr Kevin Gilbert): That the Council:
a) Agrees to the completed 2024/25 Statements of Intent of Dunedin City Holdings Ltd and its subsidiary and associate companies. Motion carried (CNL/2024/119) |
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A report from Finance recommended the adoption of the Annual Plan 2024/25 and approval of matters associated with the Annual Plan. |
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The Chief Financial Officer (Carolyn Allan) and Financial Services Manager (Hayden McAuliffe) spoke to the report and responded to questions.
It was agreed that resolutions a, b, c and e be taken together and d and f separately.
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Moved (Deputy Mayor Cherry Lucas/Cr Sophie Barker): That the Council:
a) Notes the matters in section 100(2) of the Local Government Act 2002 being: i) The estimated expenses of achieving and maintaining the predicted levels of service provision set out in the 10 year plan 2021-31, including the estimated expenses associated with maintaining the service capacity and integrity of assets throughout their useful life; and ii) The projected revenue available to fund the estimated expenses associated with maintaining the service capacity and integrity of assets throughout their useful life; and iii) The equitable allocation of responsibility for funding the provision and maintenance of assets and facilities throughout their useful life; and iv) Council’s funding and financial policies including the Revenue and Financing Policy, Treasury Risk Management Policy, and Development Contributions Policy. b) Agrees that, having had regards to the matters in paragraph (a) above, it is financially prudent for Council to set for the 2024/25 financial year, projected operating revenues at a level that will not meet projected operating expenses. c) Notes in accordance with section 80 of the Local Government Act 2002 that: i) The decision to not fully fund the increase in depreciation, including 3 Waters, is inconsistent with Council’s Revenue and Financing Policy and Financial Strategy; and ii) The decision to increase rates by 17.5% is inconsistent with the Financial Strategy; and iii) The inconsistency in depreciation arises from the revaluation of assets, and the need to consider affordability of fully funding depreciation; and iv) The inconsistency in the rate increase arises from increased costs and increased funding of depreciation; and v) The Revenue and Financing Policy and the Financial Strategy will be reviewed as part of the development of the 9 year plan 2025-34. e) Authorises the Chief Executive to make any minor editorial changes resulting from quality checks prior to the final printing of the Annual Plan 2024/25 document. Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker and Andrew Whiley (11). Against: Crs Lee Vandervis and Brent Weatherall (2). Abstained: Nil
The division was declared CARRIED by 11 votes to 2
Motion carried (CNL/2024/120) |
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Moved (Deputy Mayor Cherry Lucas/Cr Sophie Barker): That the Council: d) Adopts the Annual Plan 2024/25. Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker and Andrew Whiley (10). Against: Crs Carmen Houlahan, Lee Vandervis and Brent Weatherall (3). Abstained: Nil
The division was declared CARRIED by 10 votes to 3
Motion carried (CNL/2024/121) |
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Moved (Deputy Mayor Cherry Lucas/Cr Sophie Barker): That the Council: f) Authorises the Chief Executive to drawdown debt up to total debt of $735 million in the 2024/25 year. Division The Council voted by division
For: Crs Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Steve Walker and Andrew Whiley (10). Against: Crs Carmen Houlahan, Lee Vandervis and Brent Weatherall (3). Abstained: Nil
The division was declared CARRIED by 10 votes to 3
Motion carried (CNL/2024/122) |
14 Setting of Rates for the 2024/25 Financial Year |
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A report from Finance advised that following adoption of the Annual Plan 2024/25, the Council needed to set the rates as provided for in the Funding Impact Statement for the 2024/25 year. |
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The Chief Financial Officer (Carolyn Allan) and Financial Services Manager (Hayden McAuliffe) spoke to the report.
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Moved (Deputy Mayor Cherry Lucas/Cr Andrew Whiley): That the Council: a) Sets the following rates under the Local Government (Rating) Act 2002 on rating units in the district for the financial year commencing 1 July 2024 and ending on 30 June 2025. 1 General Rate A general rate set under section 13 of the Local Government (Rating) Act 2002 made on every rating unit, assessed on a differential basis as described below: · A rate of 0.2877 cents in the dollar (including GST) of capital value on every rating unit in the "residential" category. · A rate of 0.2733 cents in the dollar (including GST) of capital value on every rating unit in the "lifestyle" category. · A rate of 0.7106 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category. · A rate of 0.5034 cents in the dollar (including GST) of capital value on every rating unit in the "residential heritage bed and breakfasts" category. · A rate of 0.2301 cents in the dollar (including GST) of capital value on every rating unit in the "farmland" category. · A rate of 0.0533 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. 2 Community Services Rate A targeted rate for community services, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $117.00 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories. · $117.00 (including GST) per rating unit for all rating units in the "commercial and stadium: 10,000+ seat capacity" categories. 3 Kerbside Collection Rate A targeted rate for kerbside collection, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $301.00 (including GST) per separately used or inhabited part of a rating unit for rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories. · $301.00 (including GST) per rating unit for rating units in the "commercial" category. 4 Drainage Rates A targeted rate for drainage, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $776.00 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories and which are "connected" to the public sewerage system. · $388.00 (including GST) per separately used or inhabited part of a rating unit for all rating units in the "residential, residential heritage bed and breakfasts, lifestyle and farmland" categories and which are "serviceable" by the public sewerage system. · $776.00 (including GST) per rating unit for all rating units in the "commercial, residential institutions, schools and stadium: 10,000+ seat capacity" categories and which are "connected" to the public sewerage system. · $388.00 (including GST) per rating unit for all rating units in the "commercial, residential institutions and schools" categories and which are "serviceable" by the public sewerage system. · $102.25 (including GST) per rating unit for all rating units in the "church" category and which are "connected" to the public sewerage system. Rating units which are not "connected" to the scheme, and which are not "serviceable" will not be liable for this rate. Drainage is a combined targeted rate for sewage disposal and stormwater. Sewage disposal makes up 78% of the drainage rate, and stormwater makes up 22%. Non-rateable land will not be liable for the stormwater component of the drainage targeted rate. Rates demands for the drainage targeted rate for non-rateable land will therefore be charged at 78%. 5 Commercial Drainage Rates – Capital Value A targeted rate for drainage, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · A rate of 0.2660 cents in the dollar (including GST) of capital value on every rating unit in the "commercial and residential institution" category and which are "connected" to the public sewerage system. · A rate of 0.1330 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category and which are "serviceable" by the public sewerage system. · A rate of 0.1995 cents in the dollar (including GST) of capital value on every rating unit in the "school" category and which are "connected" to the public sewerage system. · A rate of 0.0998 cents in the dollar (including GST) of capital value on every rating unit in the "school" category and which are "serviceable" by the public sewerage system. · A rate of 0.0199 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. This rate shall not apply to properties in Karitane, Middlemarch, Seacliff, Waikouaiti and Warrington. This rate shall not apply to churches. Drainage is a combined targeted rate for sewage disposal and stormwater. Sewage disposal makes up 78% of the drainage rate, and stormwater makes up 22%. Non-rateable land will not be liable for the stormwater component of the drainage targeted rate. Rates demands for the drainage targeted rate for non-rateable land will therefore be charged at 78%. 6 Water Rates A targeted rate for water supply, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $590.00 (including GST) per separately used or inhabited part of any "connected" rating unit which receives an ordinary supply of water within the meaning of the Dunedin City Bylaws excepting properties in Karitane, Merton, Rocklands/Pukerangi, Seacliff, Waitati, Warrington, East Taieri, West Taieri and North Taieri. · $295.00 (including GST) per separately used or inhabited part of any "serviceable" rating unit to which connection is available to receive an ordinary supply of water within the meaning of the Dunedin City Bylaws excepting properties in Karitane, Merton, Rocklands/Pukerangi, Seacliff, Waitati, Warrington, East Taieri, West Taieri and North Taieri. · $590.00 (including GST) per unit of water being one cubic metre (viz. 1,000 litres) per day supplied at a constant rate of flow during a full 24 hour period to any "connected" rating unit situated in Karitane, Merton, Seacliff, Waitati, Warrington, West Taieri, East Taieri or North Taieri. · $295.00 (including GST) per separately used or inhabited part of any "serviceable" rating unit situated in Waitati, Warrington, West Taieri, East Taieri or North Taieri. This rate shall not apply to the availability of water in Merton, Karitane or Seacliff. 7 Fire Protection Rates A targeted rate for the provision of a fire protection service, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · A rate of 0.0758 cents in the dollar (including GST) of capital value on all rating units in the "commercial" category. This rate shall not apply to churches. · A rate of 0.0569 cents in the dollar (including GST) of capital value on all rating units in the "residential institutions" category. · A rate of 0.0081 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. · $177.00 (including GST) for each separately used or inhabited part of a rating unit within the "residential, residential heritage bed and breakfasts, lifestyle and farmland" category that is not receiving an ordinary supply of water within the meaning of the Dunedin City Bylaws. 8 Water Rates – Quantity of Water A targeted rate for the quantity of water provided to any rating unit fitted with a water meter, being an extraordinary supply of water within the meaning of the Dunedin City Bylaws, set under section 19 of the Local Government (Rating) Act 2002, according to the following scale of charges (GST inclusive): |
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Where the supply of a quantity of water is subject to this Quantity of Water Targeted Rate, the rating unit will not be liable for any other targeted rate for the supply of the same water. 9 Allanton Drainage Rate A targeted rate for the capital contribution towards the Allanton Wastewater Collection System, set under section 16 of the Local Government (Rating) Act 2002, of $411.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Allanton area is shown in the map below:
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10 Blanket Bay Drainage Rate A targeted rate for the capital contribution towards the Blanket Bay Drainage System, set under section 16 of the Local Government (Rating) Act 2002, of $636.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Blanket Bay area is shown in the map below: |
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11 Curles Point Drainage Rate A targeted rate for the capital contribution towards the Curles Point Drainage System, set under section 16 of the Local Government (Rating) Act 2002, of $749.00 (including GST) per rating unit, to every rating unit paying their contribution towards the scheme as a targeted rate over 20 years. Liability for the rate is on the basis of the provision of the service to each rating unit. The Curles Point area is shown in the map below: 12 Tourism/Economic Development Rate A targeted rate for Tourism/Economic Development, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · 0.0086 cents in the dollar (including GST) of capital value on every rating unit in the "commercial" category. · 0.0012 cents in the dollar (including GST) of capital value on the “stadium: 10,000+ seat capacity” category. 13 Warm Dunedin Targeted Rate Scheme A targeted rate for the Warm Dunedin Targeted Rate Scheme, set under section 16 of the Local Government (Rating) Act 2002, per rating unit in the Warm Dunedin Targeted Rate Scheme. The targeted rate scheme provides a way for homeowners to install insulation and/or clean heating. The targeted rate covers the cost and an annual interest rate. The interest rates have been and will be: Rates commencing 1 July 2013 and 1 July 2014 8% Rates commencing 1 July 2015 and 1 July 2016 8.3% Rates commencing 1 July 2017 7.8% Rates commencing 1 July 2018 7.2% Rates commencing 1 July 2019 6.8% Rates commencing 1 July 2020 5.7% Rates commencing 1 July 2021 4.4% |
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14 Private Street Lighting Rate A targeted rate for the purpose of recovering the cost of private street lights, set under section 16 of the Local Government (Rating) Act 2002, assessed on a differential basis as follows: · $156.80 (including GST) per private street light divided by the number of separately used or inhabited parts of a rating unit for all rating units in the "residential and lifestyle" categories in the private streets as identified in the schedule below. · $156.80 (including GST) per private street light divided by the number of rating units for all rating units in the "commercial" category in the private streets as identified in the schedule below. |
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Differential Matters and Categories b) Adopts the following differential categories for the 2024/25 financial year. The differential categories are determined in accordance with the Council's land use codes. The Council's land use codes are based on the land use codes set under the Rating Valuation Rules 2008 and are set out in Attachment A. In addition, the Council has established categories for residential institutions, residential heritage bed and breakfasts, the stadium: 10,000+ seat capacity, churches, and schools. 1 Differentials Based on Land Use The Council uses this matter to: · Differentiate the General rate. · Differentiate the Community Services rate. · Differentiate the Kerbside Collection rate. · Differentiate the Private Street Lighting rate. · Differentiate the Tourism/Economic Development rate. · Differentiate the Fire Protection rate. The differential categories based on land use are: · Residential – includes all rating units used for residential purposes including single residential, multi-unit residential, multi-use residential, residential special accommodation, residential communal residence dependant on other use, residential bach/cribs, residential carparking and residential vacant land. · Lifestyle – includes all rating units with Council's land use codes 2, 20, 21, 22 and 29. · Commercial – includes all rating units with land uses not otherwise categorised as Residential, Residential Heritage Bed and Breakfasts, Lifestyle, Farmland or Stadium: 10,000+ seat capacity. · Farmland - includes all rating units used solely or principally for agricultural or horticultural or pastoral purposes. · Residential Heritage Bed and Breakfasts – includes all rating units meeting the following description: · Bed and breakfast establishments; and · Classified as commercial for rating purposes due to the number of bedrooms (greater than four); and · Either: · the majority of the establishment is at least 80 years old, or · the establishment has Heritage New Zealand Pouhere Taonga Registration, or · the establishment is a Dunedin City Council Protected Heritage Building as identified in the District Plan; and · The bed and breakfast owner lives at the facility. · Stadium: 10,000+ seat capacity – this includes land at 130 Anzac Avenue, Dunedin, Assessment 4026695, Valuation reference 27190-01403. 2 Differentials Based on Land Use and Provision or Availability of Service The Council uses these matters to differentiate the drainage rate and the commercial drainage rate. The differential categories based on land use are: · Residential – includes all rating units used for residential purposes including single residential, multi-unit residential, multi-use residential, residential special accommodation, residential communal residence dependant on other use, residential bach/cribs, residential carparking and residential vacant land. · Lifestyle - includes all rating units with Council's land use codes 2, 20, 21, 22 and 29. · Farmland - includes all rating units used solely or principally for agricultural or horticultural or pastoral purposes. · Commercial – includes all rating units with land uses not otherwise categorised as Residential, Residential Heritage Bed and Breakfasts, Lifestyle, Farmland, Residential Institutions, Stadium: 10,000+ seat capacity, Churches or Schools. · Stadium: 10,000+ seat capacity – this includes land at 130 Anzac Avenue, Dunedin, Assessment 4026695, Valuation reference 27190-01403. · Residential Heritage Bed and Breakfasts – includes all rating units meeting the following description: · Bed and breakfast establishments; and · Classified as commercial for rating purposes due to the number of bedrooms (greater than four); and · Either: · the majority of the establishment is at least 80 years old or · the establishment has Heritage New Zealand Pouhere Taonga Registration or · the establishment is a Dunedin City Council Protected Heritage Building as identified in the District Plan; and · The bed and breakfast owner lives at the facility. · Residential Institutions - includes only rating units with the Council's land use codes 95 and 96. · Churches – includes all rating units used for places of religious worship. · Schools - includes only rating units used for schools that do not operate for profit. The differential categories based on provision or availability of service are: · Connected – any rating unit that is connected to a public sewerage drain. · Serviceable – any rating unit that is not connected to a public sewerage drain but is capable of being connected to the sewerage system (being a property situated within 30 metres of a public drain). 3 Differentials Based on Provision or Availability of Service The Council uses this matter to differentiate the water rates. The differential categories based on provision or availability of service are: · Connected – any rating unit that is supplied by the water supply system. · Serviceable – any rating unit that is not supplied but is capable of being supplied by the water supply system (being a rating unit situated within 100 metres of the nearest water supply). Minimum Rates c) Approves that where the total amount of rates payable in respect of any rating unit is less than $5.00 including GST, the rates payable in respect of the rating unit shall be such amount as the Council determines but not exceeding $5.00 including GST. Low Value Rating Units d) Approves that rating units with a capital value of $8,500 or less will only be charged the general rate. Land Use Codes e) Approves that the land use codes attached to this report are adopted as the Council's land use codes for the purpose of the rating method. Separately Used or Inhabited Part of a Rating Unit f) Adopts the following definition of a separately used or inhabited part of a rating unit: "A separately used or inhabited part of a rating unit includes any portion inhabited or used by the owner/a person other than the owner, and who has the right to use or inhabit that portion by virtue of a tenancy, lease, licence, or other agreement. This definition includes separately used parts, whether or not actually occupied at any particular time, which are provided by the owner for rental (or other form of occupation) on an occasional or long term basis by someone other than the owner. For the purpose of this definition, vacant land and vacant premises offered or intended for use or habitation by a person other than the owner and usually used as such are defined as 'used'. For the avoidance of doubt, a rating unit that has a single use or occupation is treated as having one separately used or inhabited part." Lump Sum Contributions g) Approves that no lump sum contributions will be sought for any targeted rate. Rating by Instalments h) Approves the following schedule of rates to be collected by the Council, payable by four instalments. The City is divided into four areas based on Valuation Roll Numbers, as set out below: Area 4 comprises ratepayers with multiple assessments who pay on a schedule. Due Dates for Payment of Rates i) Approves the due dates for all rates with the exception of water rates, which are charged based on water meter consumption, will be payable in four instalments due on the dates below: Water meter invoices are sent separately from other rates. Where water rates are charged based on metered consumption using a meter other than a Smart Water Meter, invoices are sent on a quarterly or monthly basis and the due date for payment shall be on the 20th of the month following the date of the invoice as set out in the table below: |
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Where water rates are charged based on consumption calculated using a Smart Water Meter, invoices will be sent out on a monthly basis, with the due date being on the 20th of the month. Penalties j) Resolves to charge the following penalties on unpaid rates: 1 A charge of 10% of the unpaid rates instalment will be added to the amount of any instalment remaining unpaid the day after the instalment due date set out above. 2 Where a ratepayer has not paid the first instalment by the due date of that instalment, and has paid the total rates and charges in respect of the rating unit for the 2024/25 rating year by the due date of the second instalment, the 10% additional charge for the first instalment shall be remitted. 3 For amounts levied in any previous financial year and which remain unpaid on 1 October 2024, 10% of that sum shall be charged, including additional charges (if any). 4 For amounts levied in any previous financial year and which remain unpaid on 1 April 2025, 10% of that sum shall be charged, including additional charges (if any). Assessing and Recovering Rates k) Approves that the Chief Executive Officer, Chief Financial Officer and Rates and Revenue Team Leader be authorised to take all necessary steps to assess and recover the above rates. Motion carried (CNL/2024/123) |
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Moved (Deputy Mayor Cherry Lucas/Cr Andrew Whiley):
That the Council:
Adjourns the meeting for 5 minutes.
Motion carried
The meeting adjourned at 3.10 pm and reconvened at 3.15 pm.
15 Notice of Motion - Place-based Funding |
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In accordance with Standing Order 26.1, the following Notice of Motion was received from Deputy Mayor Cherry Lucas. |
During discussion it was moved (Deputy Mayor Cherry Lucas/Cr Mandy Mayhem):
That the Council:
Extends the meeting beyond 6 hours.
Motion carried
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Moved (Deputy Mayor Cherry Lucas/Cr Lee Vandervis): That the Council:
a) Directs staff not to distribute the $30,000 increase in the Place-Based Funding pool for the 2024-25 year as per Council resolution (CNL/2021/121).
b) Notes that resolution (CNL/2021/121) would be subject to further consideration once the Grants Review had been completed as part of the nine-year plan.
Division The Council voted by division
For: Crs Sophie Barker, Kevin Gilbert, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall and Andrew Whiley (8). Against: Crs David Benson-Pope, Christine Garey, Carmen Houlahan, Marie Laufiso and Steve Walker (5). Abstained: Nil
The division was declared CARRIED by 8 votes to 5
Motion carried (CNL/2024/124) |
The meeting closed at 4.06 pm.
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DEPUTY MAYOR
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Council 31 July 2024 |
Actions From Resolutions of Council Meetings
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to show progress on implementing resolutions made at Council meetings.
2 As this report is an administrative report only, there are no options or Summary of Considerations.
That the Council:
a) Notes the Open and Completed Actions from resolutions of Council meetings as attached. |
discussion
3 This report also provides an update on resolutions that have been actioned and completed since the last Council meeting. Note that items on the Forward Work Programme are not included in the attached schedules.
NEXT STEPS
4 Updates will be provided at future Council meetings.
Signatories
Author: |
Lynne Adamson - Governance Support Officer |
Authoriser: |
Clare Sullivan - Manager Governance |
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Title |
Page |
⇩a |
Council Open Action List |
51 |
⇩b |
Council Closed Action List |
55 |
Council 31 July 2024 |
Forward Work Programme for Council - July 2024
Department: Civic
EXECUTIVE SUMMARY
1 The purpose of this report is to provide the updated forward work programme for the 2023-2024 year (Attachment A).
2 A Forward Work Programme for the 9 year plan is attached to the report – 9 Year Plan 2025-34 Update, and will be on the agenda of future Council meetings. It will provide a monthly update of progress on the development of the Plan.
3 As this is an administrative report only, there are no options or Summary of Considerations.
That the Council: a) Notes the updated Council forward work programme as shown in Attachment A. |
DISCUSSION
4 The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work.
5 As an update report, the purple highlight shows changes to timeframes. New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold.
NEXT STEPS
6 An updated report will be presented to future Council meetings.
Signatories
Author: |
Lynne Adamson - Governance Support Officer |
Authoriser: |
Clare Sullivan - Manager Governance |
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Title |
Page |
⇩a |
Council Forward Work Programme |
59 |
Council 31 July 2024 |
South Dunedin Future - Programme Update (July 2024)
Department: Climate and City Growth
EXECUTIVE SUMMARY
1 This report provides an update on the South Dunedin Future (SDF) programme. It includes a summary of the activities completed during January to June 2024, foreshadows key upcoming activities, and signals potential implications of this work.
2 The SDF programme is approaching a critical point in its five-year schedule to produce a climate adaptation plan for South Dunedin (by 2026). Since January 2022, work has focussed on wide-ranging scientific and technical investigations, foundation communications and engagement to ensure the community is involved, and generalised adaptation options development. Over the next six months, the programme will undertake a major transition by producing more detailed, location-specific, and time-bound assessments of risks, more developed adaptation options for managing and mitigating those risks, and in doing so provide an initial picture of the future of South Dunedin.
3 As the programme approaches the transition, it is important to understand the work undertaken to date, and how this is intended to form a solid foundation for advancing to the second half of the programme – in which the adaptation approaches and the overall vision and shape of South Dunedin will be refined and set out in an adaptation plan. This paper provides background detail and context for this work, including by summarising activities completed since the last report to Councils in December 2023, foreshadowing key upcoming activities, and signalling the potential implications of this work.
That the Council:
a) Notes activities undertaken as part of the South Dunedin Future (SDF) programme since the previous report to both Councils in December 2023.
b) Notes the pending completion of two key assessments, including the Risk Assessment for South Dunedin and Spatial Adaptation Options for South Dunedin.
c) Notes the delivery of these reports will move the programme into the next phase and require decisions on management and mitigation of risk, selection of adaptation options, and transition times for implementation.
BACKGROUND
4 The South Dunedin Future (SDF) programme is a joint initiative between the Dunedin City Council (DCC) and Otago Regional Council (ORC) to develop a climate adaptation plan for South Dunedin. The programme plan was approved by DCC and ORC Council Committees in July 2022 (refer Part A Item 9, DCC Planning & Environment Committee, 6 July 2022), and outlined the high-level approach for delivering the SDF programme.
5 Detailed planning has now broken the SDF programme into five phases, five workstreams, and a number of actions across the five-year period from 2022-26. The workstreams are: (i) natural hazards; (ii) strategy and programme management; (iii) communications and community engagement; (iv) risk assessment; and (v) adaptation approaches. This breakdown is illustrated in the Programme Overview (Attachment A).
External technical assistance
6 The SDF programme involves detailed technical work and extensive community engagement over multiple years. External technical assistance has been sourced to support delivery of the programme. In July 2023, following an open tender process, DCC contracted a consultant group comprising engineering, planning and environmental services firms, to support delivery of the SDF programme over a three-year period.
7 In August 2023, DCC also contracted a second consultant group comprising engineering, planning and environmental services firms, to undertake technical peer review of the risk assessment and adaptation approaches workstreams.
Summary of SDF programme activities since December 2023
8 The following points summarise work completed or ongoing across the SDF programme since the last report to Council on 5 December 2023, broken down by workstream.
Workstream 1: Natural Hazards
9 ORC continues collecting and analysing natural hazards data in South Dunedin, including ongoing monitoring of 35 groundwater bores. In partnership with GNS, this data was analysed and released in February 2024 in a milestone report titled "Dunedin Groundwater Monitoring, Spatial Observations and Forecast Conditions Under Sea-level Rise 2024." The report and findings were publicly released, alongside a presentation to ORC Councillors (refer Report OPS2326, Safety & Resilience Committee, 8 February 2024). ORC also continued to monitor sea levels at the Green Island Recorder Site.
10 In relation to groundwater, over the next six months work will continue by evaluating the likely future impacts of groundwater on the liquefaction hazard and installing Global Navigation Satellite Systems (GNSS) stations specifically in South Dunedin to accurately assess and monitor vertical land movement. The installation of the GNSS will be done in conjunction with the University of Otago School of Surveying.
Workstream 2: Strategy and Programme Management
11 The strategy workstream has focussed on co-developing the partnership with mana whenua, with a view to supporting Rūnaka involvement throughout the process, creating space for rakatirataka, providing access to relevant information, and embedding te ao Māori and mātauraka Māori across the programme where appropriate. Activities have included establishment of a Mana Whenua advisory panel, initial cultural values assessment, input and co-design of risk assessment and adaptation approaches work, and regular hui with the mana whenua consultancy Aukaha.
12 The academic partnership with the University of Otago’s Centre for Sustainability has produced a further two (making a total of three) research summaries. Each research summary is a review of academic literature and best practice with relevance to selected areas of the SDF programme to inform programme design and generate discourse with key stakeholders. The three research summaries produced under the partnership cover the topics of (i) Community Engagement for Climate Change Adaptation; (ii) Using Mapping to support Collaborative Climate Adaptation; and (iii) Just Adaptation: Considerations for changing land-use in urban areas[1].
13 The SDF programme is on track to deliver a climate adaptation plan by the end of 2026. To prepare for this, some initial work has been undertaken in implementation. The adaptation plan will identify what the best adaptation approaches are, as well as where and when they might be required. While the full details remain in development, it is anticipated that effective adaptation in South Dunedin over the next 100 years could require extensive land use change.
14 Early thinking on a process to facilitate this land use change was presented to the previous government as an indicative business case, however, support strategic acquisition of property was declined. Consequently, DCC has engaged Price Waterhouse Coopers (PwC) to explore potential property strategies, financial models, and delivery vehicles for enabling the land use change potentially required to implement a range of climate adaptation projects in South Dunedin. This work will help identify how future land use change might be implemented, and inform costing of adaptation options, where appropriate. A report is expected in September 2024.
15 More broadly, as the SDF programme advances, the strategy workstream is seeking to support greater coordination, collaboration and coherence on climate adaptation work occurring across DCC, and between the city and regional councils. This includes, for example, scoping options for using Forbury Park to support flood mitigation and climate adaptation in South Dunedin; blending communications and engagement for St Clair – St Kilda Coastal Plan with South Dunedin Future, with a view to a staged merger of these programmes over the next 12 months; and foundation work to develop a city-wide adaptation framework and plan linked to the Future Development Strategy process.
Workstream 3: Communications and Community Engagement
16 A successful third phase of community engagement was undertaken between February and April 2024, with a focus on gathering information on the risks for South Dunedin and obtaining feedback on the 16 generic adaptation approaches released in December 2023. Key activities included:
· A South Dunedin Future Expo at the Edgar Centre that ran 2-3 March 2024 and had a focus on accessibility for young people and families, including an adaptation board game, Lego build and colouring-in competition, and information and feedback stations on the 16 generic adaptation approaches.
· Six community risk workshops to gather information about what is at risk if we do not act, including a targeted session with disability advocates.
· Stalls at the South Dunedin Street Festival and Moana Nui Pacific festival.
· A dedicated youth hui, hosted by the South Dunedin Community Network.
· Visits and discussions with the environment groups at two South Dunedin high schools.
· Online survey with questions about features and locations of importance, risk thresholds, and the 16 generic adaptation approaches.
· A fono (meeting) with 30 leaders from the city’s Pacific communities, hosted by Pacific Trust Otago. This fono was attended by the ORC Chair and Deputy Mayor.
17 These activities were promoted and supported by extensive communications activities including distribution of the SDF programme’s third flyer called “What can we do?” to 7,000 South Dunedin households and businesses, an email newsletter, new website content, a media release and five social media posts. This work also drew extensive media coverage and interview activity including stories on the front page of the Otago Daily Times and The Star, as well as significant coverage by national news media.
18 In total, this phase comprised 12 community engagements, reaching about 500 people face-to-face; received 1,300 website visits; and 45 survey responses. The team received 830 pieces of feedback on the 16 generic adaptation approaches, and identified 495 places of importance to the community.
19 This engagement phase provided further valuable information about community views and values that will shape the next stages of technical work. Some of the key findings and themes from the engagement included:
· There is strong and growing (though not universal) support for the councils acting to reduce flooding and to make the area safer and better for people and nature.
· The community identified places of most value to them in the South Dunedin area as being the coast (St Clair to St Kilda), shops and facilities (Edgar Centre, Mayfair Theatre, Library, recreation places (sportsgrounds, parks) and schools. Some of these places were viewed as relocatable within South Dunedin, but some were not.
· 43% of respondents rated the current risk of another flood as ‘intolerable’, and the 86% rated a plausible 2100 (end of century) scenario (widespread surface groundwater, coastal erosion, harbour overtopping, frequent flooding) as ‘intolerable’.
· Common concerns raised included insurance withdrawal or unaffordable premium rises, the scale of cost and investment required, the resulting disruption to the community, and a widespread interest (especially from younger residents) in nature-based solutions that could reduce the effects of climate change.
· Community feedback strongly supported development of a wetland or other nature-based solution at Forbury Park, with 71% of respondents suggesting or endorsing such an approach to help reduce flood risk and provide local amenity.
20 The data collected from this phase of community engagement has informed development of the risk assessment and spatial adaptation options, which are described more fully below.
Workstream 4: Risk Assessment
21 Building on the risk identification report noted by Council in December 2023, and informed by results of the community engagement, additional technical work has been undertaken to identify the ‘elements’ (people, places and assets) at risk in South Dunedin. This has included an extensive range of workshops with technical leads across DCC and ORC, as well as the community and other external stakeholders, to assess:
· the exposure of these physical elements, such as buildings, roads, and three waters infrastructure, to a range of natural hazards (e.g. will they be affected by flooding, and if so, under what conditions?)
· the vulnerability of these physical elements to those natural hazards (e.g. residential buildings may be exposed to the same hazard, but be affected differently, due to their respective vulnerability based on things like age, condition, construction material, floor height, etc)
· the direct risk presented by these hazards, as well as the indirect or cascading risks that result (e.g. surface water might present a direct risk to a residential property, but also create cascading risks for provision of council services, human health and well-being, operation of local businesses, financial hardship for communities, etc).
22 This work will be consolidated into a Risk Assessment for South Dunedin report, which is expected to be presented to Councils in September 2024, and is discussed more fully below.
Workstream 5: Adaptation Options
23 Additional technical work has been undertaken to refine the 16 generic adaptation approaches endorsed by Councils in December 2023 and tailor them to specific locations in South Dunedin over certain timeframes. This has involved:
· developing a decision-making framework for assessing the respective merits of each option against the strategic objectives of the SDF programme, along with a set of criteria and measures developed with input from staff, mana whenua, and selected stakeholders. This decision-making framework will be used to screen, rank, and eventually score the various adaptation approaches and options, as the programme moves through phases of long-list, short-list and preferred adaptation options. Councillors will have opportunities to review and endorse options at each stage.
· identifying four ‘cells’ within the wider South Dunedin focus area that have specific characteristics, in terms of geography, hazards, risks, infrastructure, value and other measures, that will enable different adaptation approaches to be tested and developed. The cell boundaries are still being developed but broadly group as: (i) the flats of South Dunedin, (ii) slightly elevated areas fringing the flats and surrounding hills, (iii) elevated reclaimed land on the harbour edge, and (iv) the St Clair and St Kilda coastal area.
24 This work will be consolidated into the Spatial Adaptation Approaches report, which is expected to be presented to Councils in November 2024, and discussed more fully below.
DISCUSSION
25 This section describes the purpose, content, and potential implications of the Risk Assessment for South Dunedin and Spatial Adaptation Options for South Dunedin, which are expected to be completed in September and November 2024 respectively. These reports represent a transition for the SDF programme, from a focus on wide-ranging scientific and technical investigations, foundation communications and engagement, and generalised options development; to detailed, location-specific, and time-bound assessments of risk, and tailored adaptation approaches for managing and mitigating that risk, which will provide an initial picture of the future for South Dunedin.
Risk Assessment for South Dunedin
26 The risk assessment will assess the extent to which current natural hazards (e.g. high ground water, coastal erosion, surface flooding) present risk to people, places and assets in South Dunedin, and how this might be affected by climate change (e.g. more frequent and severe storm events, higher groundwater, and rising seas). The work will look at exposure to these hazards, areas of vulnerability, and the direct and indirect consequences. This will be the first time the risks faced by South Dunedin have been formally assessed, quantified, and collated in a single report including a range of data, maps, and visualisations. The risk assessment will sketch out the current trajectory under a ‘business as usual’ approach, and will provide a baseline picture of risk, against which decisions about potential risk mitigation (e.g. climate adaptation approaches, options and projects) can be considered.
27 The risk assessment will be based on the best available information, and is intended to provide a clear and detailed picture of risk in South Dunedin, in order to (i) inform development of the adaptation options, and (ii) outline the implications of a ‘status quo’ scenario, thereby enabling consideration of the case for change. Further refinement of the risk assessment may be required in future as new information becomes available. While the risk assessment will provide the most detailed picture of risk to date, informing home and business owners, asset managers, service providers, residents and other stakeholders, it will not answer every question. It will primarily focus on risk at a suburb and city block level, as more detailed and granular assessments would require significantly more information, time and cost. Such assessments may be produced in future, but would depend on a range of variables (e.g. risk assessment for an individual residential property would need to consider characteristics unique to that property, including local geography, infrastructure, building age, condition, construction material, floor height, etc.) and are therefore not within the scope of the current risk assessment report.
28 It is anticipated the risk assessment could have a range of implications for council services and infrastructure, as well as for mana whenua partners, affected communities, and many other stakeholders (such as schools, public housing, and utilities companies). As such, it is expected to generate high public and media interest. The spatial and temporal elements of the risk assessment (e.g. assessments of different areas over different times) will illustrate how risks are different across South Dunedin, how this is expected to change over time, and what this might mean for the people, places and assets affected. While the risk assessment will be based on information that is predominantly already available to the public, the analysis of this information –‘putting all the pieces together’ – will represent a new and significant step forward in our understanding of risk for South Dunedin. In this sense, it may present a concerning or unwelcome picture for some stakeholders but should reduce long term uncertainty for many. This is a necessary step in the process, and communications and engagement activities for the risk assessment are being designed to support community and other stakeholders to access, interpret and consider the implications.
Spatial adaptation options for South Dunedin
29 The spatial adaptation options for South Dunedin will build on the 16 generic adaptation approaches released in December 2023 and consulted on publicly earlier in 2024. The intent is to screen out less viable options and provide additional detail on when, where and why certain options have been retained. Importantly, this phase of the adaptation options workstream will refine the generic approaches, tailoring them to specific locations in South Dunedin over certain timeframes. This work will respond to and build on the findings of the risk assessment (i.e. how well does each adaptation option mitigate the risks identified in the risk assessment).
30 The spatial adaptation options will be completed by November 2024 and will progress beyond the baseline ‘status quo’ scenario outlined in the risk assessment, illustrating a revised picture of that risk under different adaptation options and scenarios. The report will essentially provide the first high level outline for the future of South Dunedin. It will identify how and where risks might be managed or mitigated, including through additional infrastructure investment, property-based interventions, planning rule changes, intensification, deintensification or relocation, and other potential land use change over the next 50-100 years. Subsequent phases of this workstream during 2025-26 will drill down into additional detail, with a view to eventually consolidating all adaptation options into a single, coherent overall climate adaptation plan for South Dunedin by the end of 2026.
31 It is anticipated the spatial adaptation options will generate high public and media interest, and could have a range of potential implications for councils, communities, and other stakeholders. Again, communications and engagement activities for the adaptation options work will be designed to support community and other stakeholders to access, interpret and consider the implications of this work.
Potential implications
32 The transition of the SDF programme over the next six months will likely be impactful for many stakeholders and communities because it will differentiate risk and adaptation approaches for different parts of South Dunedin over varying timeframes. This next stage of work will take high level concepts and develop them into real world examples. This will include quantifying, predicting and illustrating the anticipated impacts of natural hazards and climate change across South Dunedin. This is a necessary, but potentially challenging, step in the process of collectively working towards the objective of a ‘safer and better’ South Dunedin.
OPTIONS
33 Not applicable as this is an update report for noting only.
NEXT STEPS
34 The next steps for the SDF programme through to December 2024 include the following.
· Completing technical work on the risk assessment, undertaking formal peer review, and developing communications and engagement material to support public release. Scheduling a workshop with Councillors to discuss the purpose, content and implications of the risk assessment and, subject to feedback from Councillors, presenting a covering paper and risk assessment report to Councils for noting/endorsement in late September.
· Completing technical work on the longlist of spatial adaptation options, undertaking formal peer review, and developing communications and engagement material to support public release. Scheduling a workshop with Councillors to discuss the purpose, content and implications of these options and, subject to feedback from Councillors, presenting a covering paper and the spatial adaptation options report to Councils for approval in late November.
· Continuing to progress work across other workstreams, as summarised in the ‘Background’ section of this paper, including:
i) natural hazard monitoring and investigations,
ii) supporting coordination and coherence across a range of adaptation activities,
iii) communications and community engagement activities, and
iv) exploring options for implementing adaptation projects, both as the SDF programme progresses, and once the adaptation plan is finalised in late 2026.
Signatories
Author: |
Jonathan Rowe - Programme Manager, South Dunedin Future |
Authoriser: |
Scott MacLean - General Manager, Climate and City Growth |
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Title |
Page |
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SDF Programme Overview |
75 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities. This decision promotes the social, economic, environmental and cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
The SDF Programme is a horizontal initiative, working across a range of vertical strategies, groups, and budgets in both DCC and ORC. This horizontal focus is intended to drive greater strategic coherence across Councils’ strategies and operations regarding South Dunedin, particularly those with a direct climate change dimension. As such, the programme has links to a wide range of strategic objectives. These are described in the paper and attachments, which build on previous advice on strategy and policy considerations, provided in the following reports:
• South Dunedin Future – Programme Update, Item 8, DCC Council, 23 November 2021 • South Dunedin Future – Interim Update, Item 8, Planning & Environment Committee, 4 April 2022 • South Dunedin Future – Programme Plan, Item 9, Planning & Environment Committee, 6 July 2022 • South Dunedin Future – Programme Update, Item 9, Strategy, Planning & Engagement Committee, 14 August 2023 • South Dunedin Future – Programme Strategy Update, Item 10, DCC Council, 28 November 2023 • South Dunedin Future – Risk Assessment & Adaptation Approaches, Item 6, DCC Council, 5 December 2023 |
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Māori Impact Statement Accurately reflecting and integrating the principles of the Treaty of Waitangi, and Crown’s partnership with Māori, is a central element of the SDF Programme. This is currently envisaged to include governance arrangements, aligning strategic objectives with te ao Māori, matauraka Māori, and mana whenua aspirations; providing meaningful opportunities for all Māori to input their views and values; and identifying and agreeing Māori-specific programme outputs. These are described in the paper and attachments. |
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Sustainability Sustainability will be a central component of the SDF Programme as it seeks to develop climate change adaptation options for South Dunedin over short-, medium- and long-term timeframes. This work will be integrated with the wider climate change work programme, including aligning with DCC’s Emissions Management and Reduction Plan 2022 and Zero Carbon Plan 2023. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The programme management team and core programme actions within the SDF Programme have dedicated resourcing in the 2021-2031 10-Year Plan. Programme activities and projects (i.e. programme-related initiatives managed by other DCC or ORC teams) are subject to the planning and budgeting processes of those teams. The expectation is these activities and projects will be aligned with the infrastructure strategy (if/as appropriate). Programme planning will be aligned with the development of the 2025-2034 9-Year Plan, including the infrastructure strategy. |
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Financial considerations The DCC’s portion of the SDF Programme budget is $507,000 per annum, which has been resourced in the 2021-2031 10-Year Plan. ORC’s portion is $420,000 per annum, which has been resourced in the 2023/24 Annual Plan. Additional grant funding of $1.45 million over two years (2023/24 and 2024/25) has currently been allocated from the Department of Internal Affairs’ “Better Off” grant funding allocation. |
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Significance This issue is considered high in terms of the Council’s Significance and Engagement Policy. Community engagement will be a central element of the SDF Programme, and extensive engagement is planned in future stages, in accordance programme plan and with relevance council polices. |
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Engagement – external Extensive external engagement has been undertaken on the SDF Programme between 2020-23, as outlined in the paper. Regular engagement is also undertaken with central government, local government, and other interest groups. |
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Engagement - internal A large number of internal individuals, teams, and departments across DCC and ORC have been engaged in development of the SDF programme strategy and related work described in this report. This includes, but is not limited to, the departments listed in Figure 2 of the Programme Plan (Page 63, link). |
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Risks: Legal / Health and Safety etc. There are no anticipated legal/health and safety risks associated with this report. Risks relating to the SDF Programme are described in the Programme Plan (Page 71, link). |
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Conflict of Interest There are no conflicts of interest to declare with this report. |
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Community Boards Community boards have not been involved with the development of this report. |
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Council 31 July 2024 |
Zero Carbon work programme 2023/24 update
Department: Sustainability Group
EXECUTIVE SUMMARY
1 The purpose of this report is to provide an update on the Zero Carbon work programme.
2 This report sets out activities underway or completed during the 2023/24 financial year across three work streams:
a) Reducing the DCC’s emissions,
b) Reducing Dunedin City’s emissions, and
c) Embedding emissions reduction considerations in the DCC’s processes and decision-making.
3 The DCC’s Emissions Management and Reduction Plan (EMRP) 2023/24 to 2030/31, the DCC Emissions Inventory and Management Report (IMR) 2022/23, and a Zero Carbon Alliance work programme update for the period to May 2024 are attached.
That the Council:
a) Notes the Zero Carbon work programme update for 2023/24, including:
i) the DCC’s Emissions Management and Reduction Plan (EMRP) 2023/24 to 2030/31,
ii) the DCC Emissions Inventory and Management Report (IMR) 2022/23, and
iii) the Zero Carbon Alliance work programme update for the period to May 2024.
BACKGROUND
4 Following a number of Council resolutions and national direction relating to climate change mitigation, the 10 Year Plan 2021-31 provided funding to progress the Zero Carbon work programme, including strategic projects to reduce emissions at both the DCC organisation and city-wide level.
5 Three work streams are being progressed:
a) Reducing and managing the DCC’s organisational emissions,
b) Encouraging and facilitating emissions reduction for Dunedin, through a city-wide emissions reduction plan and partnerships with key stakeholders, and
c) Integrating emissions reduction considerations into the DCC’s processes and decision-making
6 Communications and engagement work supports these workstreams, as does submission drafting relating to relevant regional and national policy.
DISCUSSION
7 An update on activity across the three Zero Carbon work streams during 2023/24 follows outlining objectives and timeframes.
Workstream 1 - Reducing the DCC’s emissions
8 This stream of work measures, reports, and reduces the DCC’s operational emissions in line with ISO 14064:2018 and emissions reduction targets embedded in the DCC’s Emissions Management and Reduction Plan 2023/24 – 2030/31.
9 Maintaining a DCC Emissions Management and Reduction Plan (EMRP)
· The DCC’s previous EMRP covered the period until 30 June 2023. A revised EMRP covering the period 23/24-30/31 has recently been approved by ELT, reaffirming the organisation’s science-based 2030/31 target of achieving 42% reduction against 2018/19 levels. The revised EMRP is appended as Attachment A.
· The EMRP is closely connected to the Zero Carbon Plan 2030, with 72 of the 81 actions in the draft EMRP also reflecting those noted by Council as part of the Zero Carbon Plan 2030 implementation plan/indicative actions list.
10 Implementation of ISO 14064:2018, involving expansion of DCC inventory scope to include additional significant emissions sources
· This activity is ongoing. Major emissions sources have been identified; data collection from relevant teams and suppliers is ongoing, including contractor emissions data. Actions to address emissions from newly added sources were included in the EMRP 23/24-30/31.
11 Pathways modelling to identify additional actions required to achieve 2030 organisational targets
· Pathways modelling was completed as part of EMRP development. This modelling estimates that actions in the draft EMRP fall slightly short of achieving the EMRP target for 2030.
· The Zero Carbon team will continue to work with teams across DCC to identify opportunities for further emissions reduction required to meet the 2030 organisational targets.
12 Supporting implementation of a DCC Emissions Management and Reduction Plan (EMRP)
· The EMRP identifies priority and minor emissions reduction projects to be delivered by teams across the organisation. Zero Carbon is a lead on some actions, and is also supporting others. Zero Carbon support of other lead teams is underway with key projects.
13 Regular emissions reporting (targets and actions) for General Managers
· Quarterly emissions reports were provided to General Managers up until the end of the 2022/23 financial year, when the existing EMRP expired. Quarterly emissions reports will restart now that a new EMRP has been adopted by ELT.
14 Annual emissions inventory verification and reporting
· DCC recently procured a new annual GHG inventory verifier. The audit of the DCC Emissions Inventory and Management Report (IMR) 2022/23 was recently completed.
· The IMR confirms the DCC comfortably exceeded its headline emissions targets for the period to 30 June 2023, overall reducing emissions by 27.67% against the 2018/19 baseline year. More details of emissions sources and trends are set out in the IMR (Attachment B).
· Final emissions data for the 2023/24 year is being collected ahead of audit of the IMR report in October 2024.
15 DCC Sequestration options
· Work is underway to develop options for sequestration to feed into the 9 Year Plan, considering the amount, co-benefits, community and mana whenua values.
Workstream 2 - Reducing Dunedin’s emissions
16 This stream of work aims to measure, report, and reduce Dunedin’s emissions in line with the Zero Carbon 2030 target and Global Compact of Mayors requirements.
17 Maintaining a city-wide emissions reduction plan
· Development of the Zero Carbon Plan 2030 involved extensive research and analysis of emissions reduction potential and co-benefits, external expert/key stakeholder/ community engagement, and pathways modelling. Work on the Zero Carbon Plan continued until mid-2023.
· In September 2023, Council adopted the Zero Carbon Plan 2030 and noted an associated implementation plan for 23/24.
18 Supporting implementation of 10 Year Plan/Enhanced Annual Plan initiatives/actions included in the Zero Carbon Plan
· The Zero Carbon Plan 2030 identifies priority and other emissions reduction projects to be delivered by teams across the organisation. Zero Carbon team is a lead on some actions (progress on key actions is set out in more detail below), and a support on other actions.
· Zero Carbon support of other lead teams is underway with key projects e.g. Waste Futures, various 3 Waters strategic planning projects, various Transport business cases, various PARS, Enterprise Dunedin, and City Development projects.
19 Zero Carbon Plan/Enhanced Annual Plan 24/25 integration
· The Zero Carbon team supported the development of the Enhanced Annual Plan 24/25. Preparatory work was undertaken in support of Council’s request for High/ Medium Zero Carbon Plan investment packages. Decision-making on packages has been deferred to development of the draft 9 Year Plan.
· A Zero Carbon Plan implementation plan for 24/25 based on existing budgets is under development. It will be presented to August Council for noting.
20 Zero Carbon Alliance collaboration and liaison
· The Zero Carbon Alliance (ZCA) is a formal collaboration group across the Dunedin City Council, Otago Regional Council, Te Pukenga Dunedin Campus, Te Whatu Ora – Southern, and the University of Otago. Its primary focus is on the reduction of organisational emission and the achievement of the DCC’s Zero Carbon target.
· Collaboration and liaison to give effect to the ZCA MoU is a Zero Carbon Plan action, and is ongoing. Its work programme is focused on initiatives to reduce emissions from staff travel to work and waste at present, including several Zero Carbon Plan and EMRP actions. The update report to the end of May 2024 has been appended as Attachment C.
21 Submissions development and support
· This activity is ongoing as required. In 2023/24, in line with the Zero Carbon Plan 2030 implementation plan, staff supported the development of DCC submissions on:
- Ministry for the Environment: Biodiversity Credit consultation
- Select Committees: Fast-track Approvals Bill, Resource Management (Freshwater and Other Matters) Amendment Bill
- Ministry of Business, Innovation and Employment: Advancing New Zealand’s Energy Transition consultation
- Climate Change Commission: 2036-40 Emissions Budget, Review of Targets, Including International Shipping and Aviation Emissions in targets
- Otago Regional Council: Land and Water Plan
22 Zero Carbon business support pilot programme
· The Zero Carbon Plan included an action to pilot a programme to help Dunedin-based small-to-medium enterprises to transition to low carbon operations. The programme involves working with participating SMEs to develop carbon footprints and emissions reduction plans for each business to support their transition to low carbon operations. A supplier has been contracted and work is underway.
· The outcome of the pilot programme, together with feedback from the participants, will be used to help develop future business support programmes.
23 Car share establishment
· In September 2023, DCC signed a Memorandum of Understanding with a New Zealand car share provider, in line with the Zero Carbon Plan and the Parking Roadmap. Work is ongoing to facilitate establishment of car share in Dunedin with the lead role having recently transferred to the Transport team.
24 Cruise emissions baseline
· In 2024, Zero Carbon commissioned a research report into cruise emissions for Dunedin. A draft has been received and is currently being reviewed. This fulfils a Zero Carbon Plan action for 2023/24.
25 Regional sequestration study
· Since late 2023, Zero Carbon has supported the ORC to procure and deliver a report on the status and capacity for each district within Otago to sequester carbon. This will inform DCC’s work on sequestration options, which has commenced in line with the Zero Carbon Plan.
Workstream 3 - Integrating emissions reduction in DCC processes
26 This workstream aims to ensure that emissions reduction is considered through the DCC’s business-as-usual processes, to support city and DCC emissions reduction.
27 Process guidance for the Zero Carbon Policy
· General Zero Carbon Policy guidance for infrastructure, policy, strategy and planning, small projects and events has been developed. Testing use alongside the Project Management Framework has been undertaken (described below). Preparation for the second phase of the pilot is underway.
28 Piloting sustainable project management (Zero Carbon)
· To give effect to the Zero Carbon Policy in project management, draft changes have been made to Project Management Framework template documents. A Sustainability Impact Assessment and sustainable project oversight has also been developed.
· Phase 1 pilot of these measures is now complete. This retrospectively tested the measures with completed projects. Preparations are being made for Phase 2, which is to pilot them with active projects.
29 Procurement emissions standards
· To give effect to the Zero Carbon Policy through procurement, Procurement Emissions Standards have been developed and are now being implemented.
· Staff training on the standards has recently taken place.
30 Providing Zero Carbon input on projects and policy reviews
· The Zero Carbon team has been providing advice and input into projects, policy reviews, and other work as required, in line with the Zero Carbon Policy.
OPTIONS
31 No options, report for noting only.
NEXT STEPS
32 The Zero Carbon team will continue to advance the work programme across all three work streams, in line with Zero Carbon Plan implementation plan, EMRP, and the Zero Carbon Policy. There will also be a focus will be supporting development of the draft 9 year plan.
33 A full report on Zero Carbon Plan governance and implementation is planned for August. This will include a proposed governance structure for the Plan, progress report for 2023/24 and an implementation plan for 2024/25.
Signatories
Author: |
Florence Reynolds - Acting Manager - Zero Carbon Jinty MacTavish - Principal Policy Advisor Sustainability |
Authoriser: |
Scott MacLean - General Manager, Climate and City Growth |
|
Title |
Page |
⇩a |
DCC Emissions Management and Reduction Plan |
85 |
⇩b |
DCC Emissions Inventory Management Plan 2022/23 |
132 |
⇩c |
Zero Carbon Alliance Update - May 2024 |
176 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government The Zero Carbon work programme promotes the social, economic, and environmental wellbeing of communities in the present and for the future, by facilitating a transition to a low-emissions economy.
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Fit with strategic framework
The Zero Carbon work programme directly implements actions of DCC’s Zero Carbon Plan. This plan contributes to work across council departments toward goals of the strategic framework above. |
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Māori Impact Statement A Treaty of Waitangi analysis was undertaken during Zero Carbon Policy development. The analysis suggested that aspects of future steps in the Zero Carbon work programme are likely to impact Māori. The Zero Carbon team is keeping connected with Māori Partnerships staff to ensure alignment with evolving DCC practice around Treaty considerations and mana whenua values. |
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Sustainability Climate change mitigation/emissions reduction efforts are considered key to sustainability. 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 and planetary health more broadly. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The Zero Carbon work programme was funded through the 10 Year Plan 2021-31 and Enhanced Annual Plan 2024/25. |
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Financial considerations There are no financial considerations. |
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Significance This report is considered of low significance in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external As part of Zero Carbon work programme business-as-usual, schools and community groups were engaged with for educational purposes. The Zero Carbon team engages with external parties on an as-required basis. External engagement primarily focussed on the development of a city-wide Zero Carbon Plan, Zero Carbon Alliance activity and engagement with suppliers regarding Zero Carbon Policy implementation. |
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Engagement – internal As part of Zero Carbon work programme business-as-usual, the DCC engages extensively with teams across the organisation. |
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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. |
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Conflict of Interest No conflicts have been identified |
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Community Boards Community boards provided input to the development of the Zero Carbon Plan adopted by Council. Implementation of actions may involve further engagement. |
Council 31 July 2024 |
Approval to make the District Plan (2GP) Partially Operative
Department: City Development
EXECUTIVE SUMMARY
1 To make the proposed Dunedin City Second Generation District Plan (2GP) operative in accordance with the Resource Management Act 1991 (RMA) with the exception of those areas and provisions still subject to appeal.
That the Council:
a) Approves the 2GP (with the exception of those parts identified in Appendix 1) as operative pursuant to Clause 17 of the First Schedule to the RMA, with effect from 19 August 2024 and that the operative date be notified on or before 10 August 2024.
BACKGROUND
2 Dunedin has two district plans: the operative Dunedin City District Plan (2006) and the 2GP. The Dunedin City District Plan (2006) was publicly notified in 1995, and made partially operative in 2004, and then fully operative in 2006 upon resolution of all appeals on the District Plan.
3 The 2GP was notified in 2015, and decisions on submissions released in 2018. A total of 83 appeals were lodged against the 2GP, most of which are now resolved.
4 When there is an operative and a proposed district plan, the rules of both plans apply from the date that the rules of the proposed plan take effect, that is when the decisions on submissions was publicly notified on 7 November 2018, until the rules in the proposed plan (2GP) are beyond appeal. Where the rules are different in the operative and proposed district plans this requires the rules to be ‘weighted’ and for both sets of rules to be considered when determining whether a resource consent is required for a particular activity in a particular location, the activity status for that activity, and what matters will be considered in making a resource consent decision. When there are two district plans in effect, technically this means any changes to the proposed plan (2GP) are called variations.
5 With the exception of the following appeals and related provisions and sites, the rules in the 2GP are deemed operative pursuant to s. 86F of the RMA.
6 Pursuant to s. 86F of the RMA, all rules which are beyond appeal are deemed operative. So, only the following appeals and related provisions and sites, are not deemed operative:
· Otago Regional Council (ENV-2018-CHC-290) – Gordon Road Floodway
Pt Sec 10 Carlyle Road, 69, 101, 111, 113, 115, 117, 127, 133, 137, 145, 147, 149, 155, 161, 169, 209, 269, 270 Dukes Road South Pt Sec 10, 257 Gordon Road 230, 231, 234, 245, 248, 255, 264, 293A, 323, 325, 327, 331, 345, 347, 349, 351, 353, 355, 357, 359, 371, 383 Riccarton Road West.
Pt Secs 7-11, Sec 13 Blk VIII East Taieri SD Lots 4, 10 DP 146 Lots 6, 10, 12-14, 17 Pt Lots 7-9, 15, 16, 18, 19 DP 1846 Lots 1-4 DP 6930 Lot 1 DP 9000 Lot 1 DP 11947 Lot 1 DP 25507 Lots 1-2 DP 27676 Lot 1-13 DP 348697 Lots 1-2 DP 354794 Lot 3 DP 542029 Sec 1 SO 13203.
· DC Nicolson, S O’Connell-Milne and T Lequeux (ENV-2023-CHC-015) - 177 Tomahawk Rd
177 Tomahawk Road.
Pt Sec 58R Blk I Anderson Bay SD, Secs 41 & 42 Blk VII Otago Peninsula SD Part Lots 1 & 2 DP 2138 Lot 1 DP 10814.
Appendix 12C New Development Mapped Areas – Gloucester Street, and Rule 15.8.AP Gloucester Street Structure Plan mapped area.
· FBG Developments Limited (ENV-2018-CHC-222 & ENV-2023-CHC-018) - Watts Road and North Road, NEV
35, 37, 43 Watts Road, parts 301, 305 & 309 North Road.
Part Lot 3 DP 1390 Lots 4 and 5 DP 300760 Lots 1-3 DP 505233.
· Cole Bennetts (ENV-2023-CHC-022) - 23 Sretlaw Place
23 Sretlaw Place.
Lot 29 DP 345409 Lot 2 DP 590937.
· Gladstone Family Trust (ENV-2023-CHC-017) - Chain Hills Road
21, 43, 55, 65, 75, 77, 79, 111, 121 Chain Hills Road, 38 40-43 44 46-53, 55, 57, 59, 61 part 100 Irwin Logan Drive, 3-12, 14, 16, 18 & 20 Jocelyn Way, 25, 25A, 26—27 & 38 Pinfold Place, 1 3-17, 19, 21 Rosella Place.
Lots 1-4, 7 DP 404564 Lots 1, 4-8 DP 444991 Lot 1 DP 490895 Lots 1-11, 14, 19-25 DP 526034 Lots 1-2 DP 540440 Lots 15-18, 26-47, 50-51, 54, 72-74, 82-83, 86, 400 DP 562522 Lots 1-2 DP 570677.
· Bluegrass Limited and Others (ENV-2018-CHC-293)
4A, 4B, 4C, 6, 10 Braeside 5, 31, 61, 61A, 63A, 63B, 69 Main South Road East Taieri, 231 Morris Road, 95, 97, 99, 101, 103, 105, 107, 115 Riccarton Road East, 158 & 292 Saddle Hill Road.
Lot D Deeds Plan 244, Lot 2 DP 9662, Lot 1 DP 22081, Lot 1 DP 23157, Lot 7 DP 317701, Lot 21 DP 341800, Lots 1-2 DP 360804, Lot 2 DP 385309, Lots 1-2 7-8 DP 400513, Lots 3-10 DP 415033, Lot 2 DP 453378, Lot 2 DP 456437, Lots 1-2 DP 466573, Lots 1-2 DP 506395, Lots 1-2 DP 552995.
Stephen Gregory Johnson (ENV-2018-CHC-296) – Karitane
89 Grimness Street 78 & 90 Stornoway Street, Karitane.
Secs 1-4, 7 & 16, Blk X, Town of Waikouaiti.
DISCUSSION
7 When there are two district plans in effect, this creates complexities around private plan change requests which can be made against the operative plan, but essentially must wait until the proposed plan becomes operative before they can be considered. Making the 2GP almost fully operative will make it clear that private plan change requests can be made and considered now by Council.
8 For landowners and developers, having to refer to two district plans to determine the status and rules that apply to a particular activity results in additional time and complexity when contemplating development. Making the 2GP almost fully operative will in most cases remove any need to refer to the Dunedin City District Plan (2006).
9 The development of a district plan is a long and complex process. Putting aside the time taken to write and consult on the Plan itself, the process to get from notification to being fully operative can be significant. For the operative Dunedin City District Plan (2006) this took 11 years, and for the 2GP to date has taken 9 years. Making the 2GP partially operative would represent a significant milestone in the progress of completing this version of the district plan.
10 If Council approves making the 2GP partially operative, the approval shall be given effect by affixing the seal of the Dunedin City Council to the 2GP. Under Schedule 1 to the RMA (clause 20), the operative date must be publicly notified at least 5 working days before it comes into effect, and a copy of the partially operative plan must be supplied to the Minister for the Environment, the Otago Regional Council and adjacent territorial authorities, tangata whenua and public libraries of the area.
11 It is uncertain when the remaining appeals will be resolved, but when they are resolved, then a further Council decision will be sought to make the 2GP fully operative.
OPTIONS
Option One – Recommended Option to Make the 2GP Partially Operative
12 The status quo is the on-going use of two District Plans for Dunedin, with associated inefficiencies and potential confusion for plan users.
Advantages
· Clarifies that private plan change requests can be made, and that Council can consider them now, rather than waiting for the 2GP to be fully operative.
· Efficiencies for plan users, only having to refer to the 2GP in almost all instances.
· Represents a significant milestone in the development of the 2GP.
Disadvantages
· Will need to go through this process again once the last appeal is resolved.
Option Two – Status Quo – Retain the 2GP as a Proposed Plan
13 The status quo is the continued reliance on deemed operative provisions, and lack of clarity on when Council can consider private plan change requests.
Advantages
· Avoids making the 2GP partially operative, and then fully operative at a later date.
Disadvantages
· Lack of clarity with respect to private plan changes and inefficiencies having two district plans.
NEXT STEPS
14 If the 2GP is approved as being partially operative as at 19 August 2024, the seal of the Dunedin City Council will be affixed to the 2GP, a public notice will be published in the Otago Daily Times (Appendix 2) on or before 10 August 2024, and the relevant organisations will be advised of the change of status.
Signatories
Author: |
Paul Freeland - Principal Policy Advisor |
Authoriser: |
David Ward - General Manager, 3 Waters and Transition |
|
Title |
Page |
⇩a |
Appendix 1 - Sites and Rules Under Appeal |
204 |
⇩b |
Appendix 2 - Draft Public Notice |
206 |
SUMMARY OF CONSIDERATIONS
|
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities. |
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Fit with strategic framework
There is no contribution to the Strategic Framework. |
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Māori Impact Statement There are no known impacts for Māori. |
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Sustainability There are no implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications. |
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Financial considerations There are no financial implications. |
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Significance The decision is considered low in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external External engagement to commence if this report is approved |
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Engagement - internal Internal engagement has commenced |
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Risks: Legal / Health and Safety etc. There are no identified risks. |
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Conflict of Interest There is no conflict of interest. |
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Community Boards There are no implications for Community Boards. |
Council 31 July 2024 |
9 year plan 2025-34 Process
Department: Civic
EXECUTIVE SUMMARY
1 This report provides Council with an overview of the process for developing the 9 year plan 2025 -34 (the Plan).
That the Council:
a) Notes the 9 year plan 2025-34 Process report.
BACKGROUND
2 At its meeting on 27 February 2024, Council made the decision to complete an Annual Plan for the 2024/25 year, followed by the completion of a 9 year plan for the period 2025 – 34.
3 Section 93(6) of the Local Government Act 2002 (the Act) provides that the purpose of the Plan is to:
a) describe the Council’s activities;
b) describe the community outcomes for Dunedin;
c) provide integrated decision-making and co-ordination of resources;
d) provide a long-term focus for the decisions and activities of the Council; and
e) provide a basis for accountability of the local authority to the community.
4 Schedule 10 of the Act specifies the minimum information and content that must be included in the Plan as follows:
· Community outcomes;
· Groups of activities (including capital expenditure, levels of service and funding impact statements);
· Statement on any variations between proposals outlined in the Plan and our assessment of water and sanitary services, and waste management and minimisation plans;
· Council controlled organisations (including activities provided and key performance targets);
· Statement on the development of Māori capacity to contribute to decision making processes;
· Financial Strategy;
· Infrastructure Strategy;
· Revenue and Financing Policy;
· Significance and Engagement Policy;
· Forecast financial statements (including balancing of budget, rating information and reserve funds); and
· Significant forecasting assumptions.
5 Council is also required under section 93(B) of the Act to develop a Consultation Document, to provide an effective base for public participation in the Council’s decision making processes relating to the content of the Plan.
6 The final Plan and Consultation Document must contain a report from the Auditor General.
DISCUSSION
7 Work has commenced on the development of the 9 year plan. A project management structure has been put in place that supports the development of the Plan, engagement with Council, and the decision-making processes of Council.
8 Council’s role includes providing the strategic direction for the Plan, making decisions on all key components of the Plan, approving the consultation document, and adopting the final plan.
9 The project management structure consists of a steering group and six operational groups. The operational groups will lead and facilitate the development of key deliverables for the Plan. Additional detail on the project management structure and the Plan deliverables is provided in Attachment A.
10 Factors influencing the development of the Plan include the Strategic Framework refresh, a decision on Aurora, the future of 3 waters and the Grants Review.
11 In addition to the work of the operational groups, possible reports and/or workshops relating to the Plan have been identified, and these are listed at Attachment B. These primarily come from resolutions passed and requests from council. The list is extensive and will require significant resource to address all the matters raised.
12 A Forward Work Programme for the 9 year plan is currently being developed and a draft version has been included with this report at Attachment C. It will be in the agenda of future Council meetings. It will provide a monthly update of progress on the development of the Plan and associated reports and workshops.
13 Timing of work is challenging. Along with the development of the Plan, other priorities include the completion of the 2023/24 Annual Report by 30 October 2024, and the development of a Water Services Delivery Plan.
14 An extensive series of workshops and briefings with Councillors is planned which will include budget reviews and briefings on many of the matters outlined in the attached list of reports and possible workshops.
15 Reports on 9 year plan matters will be brought to Council on a regular basis, seeking decisions on the development of key components of the Plan, and providing updates on progress. A 9 year plan Council meeting will be scheduled for late January, where activities and budgets are to be presented to Council for its consideration.
16 A high level timetable for the 9 year plan project is as follows:
Timing |
Task |
August to December 2024 |
Various reports for approval as the 9 year plan develops, including: · Policy updates · Engagement plans · Significant forecasting assumptions · Option reports Workshops on key components of the Plan. |
December 2024 – early February 2025 |
Develop Consultation Document |
Late January 2025 |
Council meeting to consider: · Budgets · Option reports · Financial and Infrastructure strategies |
February 2025 |
Council approval of consultation document |
March / April 2025 |
Engagement and submission period |
May 2025 |
Hearings and deliberations |
June 2025 |
Adoption of the 9 year plan |
OPTIONS
17 There are no options.
NEXT STEPS
18 A series of workshops will be held to provide briefings on all key components of the Plan.
19 Reports on 9 year plan matters will be brought to Council on a regular basis, seeking decisions on the development of key components of the Plan.
Signatories
Author: |
Sharon Bodeker - Special Projects Manager |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
Project structure and deliverables |
214 |
⇩b |
Possible Reports and/or Workshops |
216 |
⇩c |
9 Year Plan Draft Forward Work Programme |
219 |
SUMMARY OF CONSIDERATIONS
|
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Fit with purpose of Local Government The 9 year plan enables democratic local decision making and action by, and on behalf of communities, and promotes the social, economic, environmental and cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
The 9 year plan contributes to all of the objectives and priorities of the strategic framework as it describes the Council’s activities and community outcomes. It provides for decision making and coordination of the Council’s resources, and is a basis for community accountability. |
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Māori Impact Statement The 9 year plan provides a mechanism for Māori to contribute to local decision making. The DCC works with Māori to ensure there is a process for Māori collaboration across the 9 year plan work programme. |
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Sustainability Major issues and implications for sustainability relating to the capital expenditure programme are discussed and considered in the Infrastructure Strategy and the Financial Strategy, as part of the 9 year plan 2025-34. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy These considerations are the subject of the report. |
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Financial considerations As this is an update report, there are no financial considerations. |
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Significance As this is an update report, this report is of low significance in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external There has been no external engagement to date. |
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Engagement - internal Internal engagement has been undertaken on the development of the project plan and establishing the management structure and focus groups. |
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Risks: Legal / Health and Safety etc. Council is legislatively required to adopt the 9 year plan by 30 June 2025. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards will be engaged with as part of the development of the 9 year plan. |
Council 31 July 2024 |
DCC Submission on the draft Minerals Strategy to 2040
Department: Corporate Policy
EXECUTIVE SUMMARY
1 This report seeks Council approval of a draft Dunedin City Council (DCC) submission (Attachment A) (MBIE) on the draft Minerals Strategy to 2040 (the Strategy). The consultation document is attached as Attachment B.
2 MBIE seeks feedback on a proposed long-term, strategic approach to how Aotearoa New Zealand develops its mineral resources (other than petroleum).
3 The draft DCC submission addresses concerns around the impacts and implications of:
· the mining activities on the safety of drinking water
· the mining activities on carbon emissions and wider environmental health
· the Strategy regarding the fulfilment of the Government’s obligations under the Treaty of Waitangi.
That the Council:
a) Approves the draft DCC submission, with any amendments, on the draft Minerals Strategy to 2040.
b) Authorises the Chief Executive to make any minor editorial changes to the submission if required.
c) Authorises the Mayor or delegate to speak at any hearings in regard to the DCC submission.
BACKGROUND
Overview of the draft Minerals Strategy to 2040
4 MBIE is seeking feedback on a proposed long-term, strategic approach to how Aotearoa New Zealand develops its mineral resources (other than petroleum). Submissions close at 5pm on 31 July 2024.
5 The Strategy aims to address challenges identified for the mining sector and to provide a pathway for potential opportunities. It intends to double the sector’s export value from $1.03 billion to $2 billion over the next 10 years. Through this export-led growth pathway, the sector is estimated to provide for more than 7,000 jobs, compared to 5,285 jobs currently.
6 The Strategy is built on three key pillars:
· Enhancing prosperity for New Zealanders
· Demonstrating the sector’s value
· Delivering minerals for a clean energy transition.
7 The Strategy proposes the following seven specific actions to drive progress:
i) Improve data on New Zealand’s mineral resources including assessment of challenges and opportunities of extracting deep-seabed minerals
ii) Ensure secure, affordable and responsible access to the minerals we need including through identifying critical minerals that would benefit from protection and preferential pathways
iii) Develop a more enduring, efficient and responsible regulatory framework including through fast-track approval and consenting regime (amendments to the Resource Management Act 1991) (RMA), improved efficiency of the Crown Minerals Act 1991 (notably for emerging minerals like hydrogen), and regulatory changes to protect Treaty settlements.
iv) Foster sector innovation, value add and commercialisation, and workforce development including through suitable funding mechanisms and exploration of the potential of establishing a minerals leadership research hub or group.
v) Accelerate a circular economy of critical minerals in New Zealand including through investigation of minerals recovery and identification of funding mechanisms for research and innovation to occur within a circular resource development.
vi) Increase public knowledge and confidence in the sector including through provision of accurate data and encouragement for the sector to share with the public contributions it makes to communities and the environment.
vii) Attract investment and build international partnerships including through promoting investment opportunities, as well as collaboration and joint initiatives for the international trade of minerals.
8 The Otago region is identified as a major mineral area for gold (66%) and coal (20%), and some new opportunities have been identified for hydrogen (used in industrial processes including as a feedstock and fuel source and in fuel cells) and potash (used in fertiliser).
9 Key actions from the Strategy are already underway with the implementation of the Fast-track Approvals Bill, the production of a critical minerals list, improvements to the Crown Minerals Act 1991 and amendments to the RMA, the completion of a detailed stocktake of New Zealand’s known mineral potential and the promotion of investment opportunities.
Local economic context
10 Mining represents a small component of the nature and shape of the Ōtepoti Dunedin economy. The Infometrics Regional Economic Profile notes the Ōtepoti Dunedin economy was $7.761 billion in 2023. The three largest contributors to GDP included health care and social assistance ($844.7 million), education and training ($648 million) and professional scientific and technical services ($625 million).
11 In addition, the three largest contributors to economic growth measured in absolute change to GDP for the period 2013-23 (covered by the Dunedin Economic Development Strategy) included:
· construction $256.9 million
· healthcare and social assistance $241 million
· professional, scientific and technical services $234.8 million.
12 These sectors, particularly scientific and technology, are expected to continue to contribute significantly to economic growth over the next 10 years period. Mining currently directly contributes $23.9 million or 0.3% to the Ōtepoti Dunedin economy in 2023.
13 A report presented by OceanaGold Limited on 28 June 2023 notes the additional indirect economic benefits of mining in Ōtepoti Dunedin through their operations at Macraes primarily through staff living in the city ($41.6 million) and local spending ($82 million).
3 Waters context
14 The DCC supplies drinking water to over 115,000 residents of Ōtepoti Dunedin. Water is sourced from ten registered surface water takes. It is treated at six water treatment plants before it is distributed to the community for consumption. The DCC recognises that protecting sources of drinking water is a fundamental enabler of drinking water safety.
15 The DCC has previously made submissions in support of drinking water and environmental regulatory controls that support source water protection and source water risk management, most recently to the Otago Regional Council on 30 April 2024 on its Draft Long Term Plan 2024-34.
DCC’s commitment to the Treaty of Waitangi
16 The DCC’s Strategic Framework is underpinned by its commitment to the Treaty of Waitangi. The DCC has continued to grow its relationship with mana whenua by signing of the Manatu Whakaaetaka – relationship agreement in 2022, which recognises actively working with mana whenua and is the foundation document for Te Pae Māori, a mana to mana forum.
17 The adoption of Te Taki Haruru (the Māori Strategic Framework) by the DCC in September 2023 further reinforces DCC’s commitment to not only working with mana whenua, but ensuring the needs of mana whenua are encapsulated within the DCC’s activities.
18 Mana whenua within the Ōtepoti Dunedin rohe are those who whakapapa to Ōtākou and Puketeraki Marae and are represented (at a governance level) by two rūnaka - Te Rūnanga o Ōtākou and Kāti Huirapa Rūnaka ki Puketeraki. Representatives from each rūnaka sit on Te Pae Māori, as well as Infrastructure Services and Strategy, Planning, and Engagement committees.
DCC’s commitment to Zero Carbon 2030
19 The DCC adopted the Zero Carbon Plan in September 2023, outlining the key shifts required for Ōtepoti Dunedin, as a city, to achieve the Zero Carbon 2030 targets (net zero emissions of all greenhouse gases other than biogenic methane by 2030; and a 24% to 47% reduction below 2017 biogenic methane emissions by 2050, including 10% reduction below 2017 biogenic methane emissions by 2030).
20 The DCC's Zero Carbon Plan aims for all coal use within the city to be phased out by 2030. Dunedin has already reduced use and emissions from coal in recent years, and there is viable technology available to replace current coal use in the city with renewable alternatives.
21 In its Resource Management (Freshwater and Other Matters) Amendment Bill submission, the DCC did not support a consenting pathway for coal mining and recommended the associated parts of the bill relating to coal mining be deleted. Increasing coal mining and exports is contrary to climate emissions reduction targets, given the significant emissions associated with mining and burning coal.
DCC’s previous position on consenting regime
22 The DCC has previously raised concerns on the acceleration of consenting processes in its submission on the Fast-Track Approvals Bill on 23 April 2024. The DCC’s submission points included:
· a loss of local decision-making capacity
· the need to consider sustainable management of natural and physical resources
· a potential for lack of alignment with existing national level policy or the DCC’s own District Plan or strategies, as well as mana whenua values and emissions reduction/ adaptation projects.
· inadequate timeframes
· a potential impact on affordability and liability for councils providing infrastructure or services to new developments approved through the fast-track process.
DISCUSSION
24 In the draft submission, the DCC:
· acknowledges the purpose of the Strategy and the value of undertaking a stocktake of New Zealand’s known mineral potential as a way of informing future options, costs and benefits, as well as decision making
· addresses the potential impacts of mineral extraction activities on sources of drinking water and recommends that safeguards are built into the permitting system to ensure mineral extraction is not permitted in existing drinking water catchments without implementation of appropriate controls to protect water quality
· outlines the particular interest of mana whenua in Ōtepoti Dunedin regarding the Strategy, as those who have a Treaty Deed Settlement, allowing for negotiations on how projects under the Strategy can take place.
· addresses the potential impacts of mining on the whenua (land), but te taiao (the environment) as a whole; a taonga for Māori that is protected under Article 2 of the Treaty, calling for the Strategy to respect the obligation hierarchy of Te Mana o te Wai, which at the top is the health of freshwater and waterbodies
· raises concerns on the lack of specific in-depth discussion of the Treaty of Waitangi and how the Strategy aims to meet the government’s Treaty obligations as a good treaty partner
· encourages the Strategy to phase out coal mining and to reduce the environmental impacts of mining
· states that circular economy of minerals should be prioritised with more specific actions.
OPTIONS
Option One – Recommended Option – Approve the draft submission
25 Under this option, Council approves the draft DCC submission to MBIE on the draft Minerals Strategy to 2040.
Advantages
· Enables the DCC to provide input into the government’s proposals that could bring significant changes to resource management and environmental legislation, including the potential impacts of mineral extraction activities on sources of drinking water
· Enables the DCC to demonstrate the DCC’s commitment to the Treaty of Waitangi
· Enables the DCC to advocate for more urgent action on climate change, in line with its commitment to the Zero Carbon 2030 targets.
Disadvantages
· There are no identified disadvantages to this option.
Option Two – Do not approve the submission
26 Under this option, Council does not approve the draft DCC submission to MBIE on the draft Minerals Strategy to 2040.
Advantages
· There are no identified advantages for this option.
Disadvantages
· Missed opportunity to provide input into the government’s proposals that could bring significant changes to resource management and environmental legislation.
· Missed opportunity to demonstrate the DCC’s commitment to the Treaty of Waitangi.
· Missed opportunity to advocate for more urgent action on climate change, in line with its commitment to the Zero Carbon 2030 targets.
NEXT STEPS
27 If Council approves the draft submission, staff will submit it, with any amendments, to the Ministry of Business, Innovation and Employment for consideration by 5pm on 31 July 2024.
Signatories
Author: |
Alix de Blic - Senior Policy Analyst |
Authoriser: |
Junichi Sugishita - Senior Policy Analyst Nadia Wesley-Smith - Manager Māori Partnerships David Ward - General Manager, 3 Waters and Transition |
|
Title |
Page |
⇩a |
Draft DCC Submission on the draft Minerals Strategy to 2040 |
231 |
⇩b |
Draft Minerals Strategy to 2040 consultation document |
234 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities. This decision promotes the environmental well-being of communities in the present and for the future.
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Fit with strategic framework
The draft Minerals Strategy to 2040 could have impacts on and implications for drinking water safety, Treaty of Waitangi obligations, and the DCC’s ability to achieve its Zero Carbon 2030 goal. The consultation topics of the draft Minerals Strategy to 2040 align with DCC’s strategic priorities, including Te Taki Haruru – Māori Strategic Framework, 3 Waters Strategy, Te Ao Tūroa, Biodiversity Strategy and the Zero Carbon Plan. |
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Māori Impact Statement The DCC has a Treaty of Waitangi commitment to working in partnership to provide opportunities for Māori to contribute to decision-making processes and to have an active role through Te Taki Haruru. The submission notes the DCC’s concern about the absence of commentary on Treaty of Waitangi and policy that enable Māori to ensure their voice is captured within their areas of traditional authority. |
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Sustainability Proposals in the draft Minerals Strategy to 2040 have potential implications for sustainability, particularly for drinking water safety and protection of indigenous biodiversity in Ōtepoti Dunedin, and for the DCC’s commitment to the Treaty of Waitangi and the Zero Carbon Plan. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The submission has no impact on long term planning. |
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Financial considerations The submission has no financial implications. |
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Significance The decision is considered low in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external There has been no external engagement in the development of this submission. |
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Engagement - internal The draft submission has been prepared by the Corporate Policy team, with input from 3 Waters, Zero Carbon, Enterprise Dunedin and Māori, Partnerships. The draft Minerals Strategy to 2040 has been workshopped with Councillors ahead of this Council meeting. |
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Risks: Legal / Health and Safety etc. This submission does not hold any specific risks. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards The submission is likely to be of interest to all communities in Dunedin, including those served by Community Boards, although there are no direct implications for Community Boards. |
Council 31 July 2024 |
Litter Compliance Policy Review
Department: Waste and Environmental Solutions
EXECUTIVE SUMMARY
1 The Dunedin City Council’s Litter Compliance Policy was approved on 25 May 2021 and was due for review on 1 July 2024.
2 This report presents an updated Litter Compliance Policy 2024 (the Policy) to the Council and seeks approval to give public notice of the Council’s intention to adopt this Policy.
3 Territorial authorities can adopt infringement notice provisions (in this instance, in the form of a Litter Compliance Policy) under the Litter Act 1979. This empowers the authority to infringe and charge for incidents of litter and illegal dumping.
4 The purpose of the Policy is to ensure that Ōtepoti Dunedin residents wellbeing and environment remains protected from harm by minimising the negative effects of littering and illegal dumping/fly tipping.
5 The Policy adopts the penalties and enforcement provisions prescribed by the Litter Act 1979 (The Act). Since the legislation has remained the same, little change to the Policy has been made in this review.
6 The Policy has been updated to reflect the new kerbside collection services, in line with provisions set out in the Act, and amendments made to remove the requirement to prove intent in committing some offences which had been incorrectly referenced in the earlier policy.
That the Council:
a) Approves the proposed Litter Compliance Policy 2024 for public notification with intention to adopt.
b) Notes a 14-day public notification period is required to adopt the infringements set out in the proposed Litter Compliance Policy 2024.
BACKGROUND
7 The Act provides that a Council may adopt infringement provisions for breaches of the Act, only after it has given at least 14-days’ notice of its intention to do so.
8 The current Policy (Attachment A) was adopted by Council on 25 May 2021 following a 14-day public notification period. Infringement offences were adopted and set out in the policy.
9 The existing Policy needs to be updated to reflect the new kerbside collection services which began in July 2024.
10 Council approved the Policy on 25 May 2021 following a review of the Litter Compliance Policy 2018. The updated Policy enabled Council to regulate incidents of littering and illegal dumping on private properties.
Moved (Cr Christine Garey/Cr Rachel Elder): That the Council:
a) Approves the proposed Litter Compliance Policy 2020. b) Revokes the Litter Compliance Policy 2018. Motion carried (CNL/2021/084) |
1
11 Since 25 May 2021 warranted Litter Control Officers have issued 128 warning letters and one infringement notice for incidents of illegal dumping on public land under the control of the Dunedin City Council (DCC).
DISCUSSION
12 Littering and illegal dumping incidents cause environmental effects that impact on communities and ecological systems including the contamination of land, waterways, and the ocean.
13 The DCC regularly receives reports of littering and illegal dumping events. Residents, businesses, and visitors to Dunedin often request that the DCC do more to address these issues.
14 Rubbish can escape from properties during high winds and heavy rain, as well as attracting animal scavengers. In the worst cases rubbish stockpiles can become potential health hazards.
15 Litter and illegal dumping incidents are usually untidy and a source of complaint to the DCC. High-level information on incidents dealt with by Waste and Environmental Solutions is as follows:
· 613 requests (on average) for clean ups were received each year for 2021, 2022 and 2023.
· Each call-out for illegal dumping cost the DCC $137.50 (on average).
16 In recognition of the Council’s ongoing commitment to the Sophia Charter DCC staff have reviewed the Policy in alignment with the new kerbside collection services. This supports progress for the Sophia Charter by aligning with the Charter’s goal:
2 “Our goal is that North Dunedin is a strong student neighbourhood where residents take responsibility for themselves, each other, and the wider community; it will be a place that is fun, vibrant, safe, and secure and that fosters student success and wellbeing.”
17 The suggested amendments will assist the DCC in creating a cleaner and safer environment, especially in the North Dunedin area, by keeping the Policy up to date and fit for purpose.
18 The review offers to ease the issuing of infringement notices and charging for offenses by removing the requirement to prove intent which had been incorrectly referenced in the earlier policy.
19 The revised policy is attached to this report (Attachment B: Proposed Draft Litter Compliance Policy 2024) with the new or amended text coloured green.
20 It should be noted that littering or illegal dumping on private land is only an offence under the Act if it is done without the consent of the occupier. In these cases, before the DCC could issue an infringement, it would have to contact the occupier and confirm that the litter or dumped items had been left on their property without the occupier’s permission. Where an occupier has given consent, the DCC can issue a Notice to Clear Litter and may pursue enforcement by issuing an infringement if the occupier fails to comply with the Notice.
21 Since littering or illegal dumping on private land is only an offence under the Act if it is done without the consent of the occupier, contamination of recycling bins is not able to be regulated under this Policy. Regulating against contamination of recycling or composting would require the authority to adopt a bylaw under section 56 of the Waste Minimisation Act 2008.
3 Litter Compliance Policy Amendments
22 The revised Litter Compliance Policy 2024 includes the amendments described below and new infringement offences for breaches of the Act, for:
· Removed the requirement to prove intent of committing an offence (Litter Act 1979 Section 19A).
· Use of containers other than the official bins for DCC’s or other private companies’ collection services.
· Overfilled, or bins that weigh too much.
· Rubbish or recycling bins put out for collection before 3.00 pm or after 6.00 pm in the Central Business District.
· Any organic material put out for collection which is not contained by the bins for the collection service. This is then treated as litter left in public places.
· The infringement fee for a second or subsequent offence of littering (single item) has been decreased to $200, to bring it into scale with the infringement fees for larger quantities of litter.
· Existing DCC staff who are appointed as Warranted Litter Control Officers (LCOs) will decide on the enforcement action to take in relation to a littering or illegal dumping incident; this may involve education, warnings, investigations, and infringement notices. Nothing in the policy prevents the DCC from pursuing a serious offence to prosecution in the District Court.
OPTIONS
Option One – Recommended Option
· Approve the proposed Litter Compliance Policy 2024 for public notification with intention to adopt.
Advantages
· The amended Policy will allow the DCC to respond appropriately to littering or illegal dumping incidents, and the prevention of rubbish stockpiling.
· The proposed Policy will reflect the new kerbside collection services that began in July 2024, making it fit for purpose.
· The proposed Policy will continue Council’s commitment to the Sophia Charter.
· The amended policy has removed the requirement to prove intent of committing an offence using Section 19A of the Litter Act 1979, making issuing infringement notices easier.
Disadvantages
· None identified
Option Two – Status Quo
· Do not approve the proposed Litter Compliance Policy for 14-day public notification with intention to adopt.
Advantages
· No public notification period is required.
· No additional staff time will be required for investigations or enforcement actions.
Disadvantages
· The existing Policy will remain in force giving DCC less powers to respond appropriately to littering or illegal dumping incidents, and the prevention of rubbish stockpiling, and will not be fit for purpose with the new kerbside collection services.
· Not approving the draft will mean the Policy will remain out of date, and not fit-for-purpose. This would not support Sophia’s Charter.
NEXT STEPS
23 If the Council approves the updated Policy for publication, a notice will be prepared for insertion in the Otago Daily Times and on the DCC website, providing a link to view the proposed policy. The public notification period will be from 10 August and end on 27 August.The Litter Compliance Policy 2024 will come back to Council with a final report, which shall include the proposed version of the Litter Compliance Policy 2024 and the infringements contained within the Policy. Adoption of the proposed 2024 policy and revocation of the existing 2021 policy will be sought to be made by way of resolution.
4
Signatories
Author: |
Leigh McKenzie - Waste Minimisation Officer, Waste and Environmental Solutions |
Authoriser: |
Chris Henderson - Group Manager Waste and Environmental Solutions Scott MacLean - General Manager, Climate and City Growth |
|
Title |
Page |
⇩a |
Litter Compliance Policy 2021 |
255 |
⇩b |
Draft Litter Compliance Policy 2024 |
260 |
⇩c |
Public Notice - Litter Compliance Policy Review |
266 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities, promotes the social, environmental, and cultural well-being of communities in the present and for the future. |
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Fit with strategic framework
Waste Management and Minimisation Plan (2020) |
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Through Te Taki Haruru, mana whenua have provided two key intents that strongly align with the Litter Compliance Policy. The Policy aims to positively increase the environmental mauri of Ōtepoti Dunedin by ensuring it is kept clean through litter monitoring and implementing educational and punitive measures for those liable. Additionally, the utilisation of tapu and noa aims to make Ōtepoti Dunedin as healthy and safe as possible by having processes in place for dumped litter that is hazardous or dangerous. |
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Sustainability Improved regulation of litter and illegal dumping which harm the environment. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy No implications. |
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Financial considerations No implications. |
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Significance This report is considered to be low significance in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external As part of reviewing the Litter Compliance Policy, the Sustainability Office and Proctor at the University of Otago were engaged with to find out their feedback on what should be included in the amended Policy. |
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Engagement - internal Engagement meetings were held with Waste and Environmental Solutions, Corporate Policy, the Legal Team, and the Māori Partnerships Team to ensure the amended Litter Compliance Policy is correct and complementary to the DCC’s other work streams. |
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Risks: Legal / Health and Safety etc. No risks have been identified. |
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Conflict of Interest No conflicts have been identified. |
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Community Boards There are no implications for Community Boards. |
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Council 31 July 2024 |
New Zealand Masters Games Final Report
Department: Events
EXECUTIVE SUMMARY
1 This report provides Council with a summary of the 2024 New Zealand Masters Games, including participant statistics and financial results.
2 Due to lower than anticipated registration and sponsorship income, this report details the financial loss experienced by 2024 New Zealand Masters Games.
3 Council is owed $148,364.03 (GST exclusive) which relates to reimbursable costs incurred during the 2024 New Zealand Masters Games.
4 The 2024 New Zealand Masters Games did not meet its projected income and incurred a financial loss.
5 Dunedin City Council will need to write off the outstanding debt of $148,364.03 (GST exclusive).
That the Council:
a) Notes the 2024 New Zealand Masters Games Final Report.
b) Writes off the outstanding debt of $148,364.03(excluding GST) for the 2024 New Zealand Masters Games.
c) Agrees next steps:
i) Dunedin (New Zealand) Masters Games Trust will collaborate with the Council to ensure the event's future sustainability.
ii) The Service Level Agreement and Statement of Intent will be presented to the Council in October 2025, at which time the Council can evaluate its financial commitment for future years.
BACKGROUND
6 The New Zealand Masters Games is a multi-sport event that provides participants with the chance to engage in both competitive and social activities.
7 The New Zealand Masters Games (the Games) take place in Dunedin biennially. Acknowledging the Games' significant contribution to the local economy, the Dunedin City Council provides financial backing to support its success.
8 The Games represent Dunedin's largest recurring event, attracting significant visitor traffic to the city and yielding an economic benefit of $3 m - $4 m. The Games were last held from 3 to 11 February 2024.
9 On 28 November 2023 a report from Events and Community Development provided an update on the operational and financial status of the biennial New Zealand Masters Games to be held in Dunedin between 3 – 11 February 2024.
The General Manager Community Services (Acting) (Jeanette Wikaira) and Masters Games Manager (Vicki Kestila) spoke to the report and responded to questions.
Moved (Cr Steve Walker/Cr Bill Acklin):
That the Council:
a) Notes the New Zealand Masters Games operational and financial update.
Motion carried (CNL/2023/282)
10 The report outlined the following:
a) that 82.57% of the sponsorship budget had been confirmed.
b) that the registration fees were an ‘at risk’ component of the budget and had been based on participant numbers of 5,500. As of 21 November 2023, there were 1,842 participant entries, which was tracking 417 ahead of the same time in 2021.
11 The report noted the Trust was confident that the budgeted targets would be met, with registrations tracking ahead of previous games. It was anticipating a surplus or break even result and did not anticipate or seek an underwrite at that point.
DISCUSSION
12 Pursuant to clause 4.3 of the Service Level Agreement between the DCC and the Dunedin (New Zealand) Masters Games Trust (Attachment A), the Council has agreed to underwrite the event until 2036.
13 Should a loss be forecasted, the Trust must provide a request in writing to the Council preceding the Games to underwrite it. Council has the right to decline or to cancel the Games if it views forecast losses to be significant.
14 The projections at the time did not anticipate a loss so no request was made to underwrite the event.
Financials
15 While expenses have been managed within the budgeted amount, revenue from sponsorship fell short of the expected level.
16 Additionally, revenue from registration fees was lower than forecasted, as the budget was based on 5,500 entrants with the final number of entrants only reaching 3,800 as detailed in para. 21.
17 The financial outcome of the biannual Dunedin Masters Games 2024 event is a deficit of $193,350.84.
18 Following the cancellation of the 2022 New Zealand Masters Games, surplus stock valued at $75,415.75 remained. A significant portion of this surplus was allocated for the 2024 event and consequently transferred from the balance sheet to the profit and loss statement. Thus, the stock transfer (detailed below) is reflected as expenditure for the year ending 2024.
Stock transferred |
|
Sports Bags |
$ 26,124.60 |
Medals |
$ 22,445.75 |
Lanyards with Pouch |
$ 7,000.00 |
Total |
$ 55,570.35 |
19 The Dunedin (New Zealand) Masters Games Trust request Council to write off the debt of $148,364.03 (GST exclusive). This debt represents costs incurred by Council that would ordinarily be reimbursable by the Dunedin (New Zealand) Masters Games Trust.
20 The following table summarises the draft financial results for the period covering 1 July 2022 to 30 June 2024:
2022/23 |
2023/24 |
2024 Games Total |
||||
Revenue |
||||||
Registration Fees |
- |
266,789.28 |
266,789.28 |
|||
DCC Funding |
57,376.00 |
116,820.00 |
174,196.00 |
|||
Corporate Sponsorship |
90,000.00 |
18,700.00 |
108,700.00 |
|||
Gaming Trusts |
17,405.42 |
37,925.00 |
55,330.42 |
|||
Other Income |
2,545.14 |
21,646.50 |
24,191.64 |
|||
Total |
167,326.56 |
461,880.78 |
629,207.34 |
|||
Expenditure |
||||||
Salaries and Wages |
68,557.91 |
222,240.44 |
290,798.35 |
|||
Contracted Positions |
- |
23,500.00 |
23,500.00 |
|||
Other staff/Board costs |
6,169.26 |
11,763.97 |
17,933.23 |
|||
Administration Costs |
18,262.48 |
157,948.79 |
176,211.27 |
|||
Marketing and Promotion |
3,309.98 |
137,989.74 |
141,299.72 |
|||
Games Village |
- |
144,139.40 |
144,139.40 |
|||
Sundry Costs and Bank Fees |
762.86 |
27,913.35 |
28,676.21 |
|||
Total |
97,062.49 |
725,495.69 |
822,558.18 |
|||
Surplus/(Deficit) |
70,264.07 |
(263,614.91) |
(193,350.84) |
Participation
21 The Games drew in 3,800 participants, marking a decline of 983 individuals compared to the 2020 event. This decrease is primarily attributed to the prevailing economic conditions.
PARTICIPANT NUMBERS |
|
2014 |
5,379 |
2016 |
4,499 |
2018 |
4,512 |
2020 |
4,785 |
2022 |
3,323 |
2024 |
3,801 |
ORIGIN OF PARTICIPANTS |
|
|
||||||||||
2018 |
|
2020 |
|
2022 |
|
2024 |
|
|||||
Dunedin |
2015 |
44.7% |
2049 |
42.8% |
1304 |
39.4% |
1420 |
37.4% |
||||
Canterbury |
692 |
15.3% |
665 |
13.9% |
535 |
16.1% |
615 |
16.2% |
||||
Southland |
622 |
13.8% |
500 |
10.4% |
279 |
8.4% |
331 |
8.7% |
||||
Rest of Otago |
378 |
8.4% |
572 |
12.0% |
407 |
12.3% |
413 |
10.9% |
||||
Upper North Island |
353 |
7.8% |
386 |
8.1% |
365 |
10.9% |
417 |
10.9% |
||||
Lower North Island |
195 |
4.3% |
305 |
6.4% |
383 |
11.5% |
364 |
9.6% |
||||
Australia |
112 |
2.5% |
149 |
3.1% |
4 |
0.1% |
155 |
4.1% |
||||
Marlborough/West Coast |
76 |
1.7% |
80 |
1.7% |
46 |
1.4% |
48 |
1.3% |
||||
Other Overseas |
69 |
1.5% |
79 |
1.7% |
0 |
0.0% |
38 |
1.0% |
||||
22 Following the event 473 participants (12.45%) responded to the post-event survey. The 2024 survey included inquiries about participants' total expenditure during their stay in Dunedin, as well as the number of bed nights they occupied.
23 Participants from out of town stayed for approximately 3.62 nights in the city and were accompanied by an average of 0.71 visitors who were not participating in the event. This totals to just under 14,700 bed nights for the duration of the event.
24 Respondents to the survey an average expenditure of $1,090.56 during their stay in the city. This indicates a total direct spend of just under $2.6m.
OPTIONS
There are no options as this report is for noting.
NEXT STEPS
25 Dunedin (New Zealand) Masters Games Trust will collaborate with the Council to ensure the event's future sustainability. The Trust is currently evaluating all aspects of the event to develop a fiscally responsible delivery plan.
26 The Service Level Agreement and Statement of Intent will be presented to the Council in October 2025, at which time the Council can evaluate its financial commitment for future years.
Signatories
Author: |
Vicki Kestila - Master Games Manager |
Authoriser: |
Nicola Morand - Manahautū (General Manager Māori Partnerships and Policy) Carolyn Allan - Chief Financial Officer |
|
Title |
Page |
⇩a |
Service Level Agreement Between the Dunedin City Council and Dunedin (New Zealand) Masters Games Trust 2023 - 2025 |
274 |
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 and economic well-being of communities in the present and for the future. |
||||||||||||||||||||||||||||||||||||||||
Fit with strategic framework
The New Zealand Masters Games contributes to three of the Council’s strategies above as well as the Events and Festivals Plan and the Ōtepoti Dunedin Destination Management Plan. |
||||||||||||||||||||||||||||||||||||||||
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 There are no implications in noting this report. |
||||||||||||||||||||||||||||||||||||||||
Financial considerations The Trust is requesting the outstanding debt of $148,364.03 be written off, this unbudgeted in this financial year. |
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Significance This report is considered low in terms of Council’s Significance and Engagement Policy. |
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Engagement – external The Games Manager regularly engages with; funders, suppliers, sporting organisations, Sporting Associations, service providers, volunteers, participants and other Masters Games organisers. |
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Engagement - internal <Enter text> |
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Risks: Legal / Health and Safety etc. There is a risk for the sustainability of the Games, if recommend option is declined. |
||||||||||||||||||||||||||||||||||||||||
Conflict of Interest There is no known conflicts of interest. |
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Community Boards There are no known implications for Community Boards. |
Council 31 July 2024 |
Retail Quarter - No Stopping Restrictions
Department: Transport
EXECUTIVE SUMMARY
1 This report presents recommendations of the Hearings Committee meeting, held on 10 July 2024 on proposed changes relating to the Retail Quarter only. See Attachment A for minutes of this meeting.
2 The changes relating to the Retail Quarter are presented in advance of the scheduled Infrastructure Services Committee in August, as there is a pressing need for the available vehicle parks to be regulated. All other changes recommended by the Hearings Committee will be presented to the Infrastructure Services Committee on 19 August 2024 for consideration.
3 The Hearings Committee recommends that the changes to parking restrictions in the GIS database as presented in Webmap - Retail Quarter - July 2024 be approved.
4 If approved by Council, the changes recommended by the Hearings Committee, will be included into the GIS database and become part of the Dunedin City Traffic and Parking Bylaw 2010.
5 The changes proposed in this document are to clarify the shared zones along George Street, which are not suitable for parking. A no stopping restriction has been proposed for these areas.
6 The blocks were reopened to traffic at different times, with Farmers block opening in November 2022, and the final block opening May 2024. Staff have taken an educational approach to help users understand the new road layout, however there are times when the street remains the subject of illegal and sometimes dangerous parking.
7 To enforce the signposted restrictions in place on the street, the no stopping restrictions must be added to the Traffic and Parking bylaw.
That the Council:
a) Adopts the proposed changes to parking and traffic restrictions shown in the Retail Quarter – July 2024 update of the Dunedin City Council's traffic and parking restrictions database (Webmap - Retail Quarter - July 2024)
b) Notes that the Hearings Committee has considered the proposed changes to parking restrictions.
c) Notes that all parking restrictions previously approved by Council remain unchanged.
BACKGROUND
Traffic and parking controls
8 Traffic and parking controls contribute to the objectives of the Dunedin Integrated Transport Strategy 2013, by helping to achieve a safe, efficient, and accessible transport network.
9 Council maintains a Geographic Information System (GIS) map database of traffic and parking restrictions (the database) that reflects all on-street parking restrictions that are implemented with markings and/or signs.
10 Parking controls are made under the Traffic and Parking Bylaw 2010. The Hearings Committee has the delegation to consider changes to parking controls and to make recommendations to Council that can approve traffic restrictions and parking controls.
Context for proposed changes - Retail Quarter ‘No Stopping’ Restriction
11 The proposed changes in this report relate to the Retail Quarter Project and come because of public concerns relating to driver behaviour following the recent reopening of George Street.
12 On 28 September 2021, the Retail Quarter-George Street project was confirmed as a one-way south shared space.
13 Specific parking spaces have been designated on street with line-marking and appropriate signage, while other parts of the street are not intended for parking. Construction on these blocks was completed between 2022 and April 2024 and there is evidence that cars are parked in areas that are not intended for parking.
14 Since the work was completed, Council has taken an educational approach to help users understand the new layout and spaces.
15 To keep visual clutter on the street to a minimum, signs were only installed at specific locations. However, the no stopping and shared space signage is not having the desired effect and there are often times that vehicles park both illegally and in an unsafe manner.
16 The no stopping restrictions will clarify that the shared zone of the Retail Quarter is not designed for parking.
17 A map of the indicative changes is presented at Webmap - Retail Quarter - July 2024.
18 The proposed no stopping restrictions will:
a) improve safety for all pedestrian, cyclists and other vulnerable road users.
b) increase amenity.
c) improve traffic flow.
19 There is no change in parking counts resulting from this restriction.
20 The images below represent the locations of the new no stopping zones:
21 George Street – Farmers Block
22 George Street – Malls Block
23 George Street – New Edinburgh Way
OPTIONS
24 Two options are proposed. The recommended option (Option One) is to proceed with some or all of the proposed changes to the GIS database, and Option Two is maintaining the status quo.
Option One – Recommended Option – Proceed with all of the proposed changes to the GIS database
25 That Council approves the proposed changes to the traffic and parking controls database.
Advantages
· Improves safety, efficiency, and access on the transport network by:
- enabling property access by prohibiting obstructive parking, making existing parking controls clearer, and providing for access to new driveways
- providing an improved and enforceable framework of parking restrictions
- providing appropriate length of parking stay according to the surrounding land uses
- increasing visibility at intersections.
· Contributes to achieving an integrated, affordable responsive, effective and safe transport network
Disadvantages
· None
Option Two – Status Quo
26 Do nothing.
Advantages
· None
Disadvantages
· Does not improve efficiency and access to the transport network
· Does not improve safety or reduce conflict points
· Does not contribute to the Integrated Transport Strategy goals
· Creates more work for Council resources in responding to complaints
NEXT STEPS
27 If Council adopts the recommended changes to parking restrictions, these will be implemented through appropriate signs and road markings and restrictions will be enforced under the Traffic and Parking Bylaw.
Signatories
Author: |
Abbey Chamberlain - Transport Planner |
Authoriser: |
Jeanine Benson - Group Manager Transport Scott MacLean - General Manager, Climate and City Growth |
|
Title |
Page |
⇩a |
Hearings Committee Meeting Minutes - 10 July 2024 |
287 |
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. This decision promotes the environmental well-being of communities in the present and for the future. This decision promotes the cultural well-being of communities in the present and for the future. |
||||||||||||||||||||||||||||||||||||||||
Fit with strategic framework
Improvements to traffic and parking restrictions supports a safe, efficient and accessible transport network, and supports the social and economic wellbeing of Dunedin communities. |
||||||||||||||||||||||||||||||||||||||||
Māori Impact Statement Mana whenua have expressed support for a safe and efficient transport network. |
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Sustainability Parking control changes improve efficiency and access to the transport network, which contribute to sustainability goals. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications. |
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Financial considerations Costs for implementing the proposed changes are covered by existing budgets. |
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Significance The report is considered of low significance in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external Consultation for the proposed changes was managed through the Retail Quarter Project. |
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Engagement - internal There has been engagement with Transport and Parking Services. |
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Risks: Legal / Health and Safety etc. The proposed changes aim to improve safety of vulnerable users of the transport network. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards There are no implications for Community Boards. |
Council 31 July 2024 |
LGNZ Annual General Meeting Remits
Department: Civic
EXECUTIVE SUMMARY
1 The Local Government New Zealand (LGNZ) 2022 Annual General Meeting (AGM) is to be held on 21 - 23 August 2024 in Wellington.
2 At that meeting, consideration will be given to eight remits that have been submitted by local authorities. The remits have received either formal support from councils or support from at least one zone or sector group meeting prior to being submitted and have been screened through the LGNZ Remits Screening Policy. The DCC delegate will vote on DCC’s behalf on each.
3 The purpose of this report is to decide how Council wishes to determine which (if any) of the remits it wishes to support.
4 The report also notes that a remit proposed by the Council regarding the rates rebate scheme was not accepted by the Remit Screening Committee.
5 As this is an administrative report there is no summary of considerations.
That the Council: a) Delegates to the voting delegate (the Deputy Mayor) the authority to determine the DCC’s voting position for the remits submitted to the LGNZ AGM. |
BACKGROUND
6 This year, eight remits have been accepted for consideration at the LGNZ AGM. Attachment A provides the details of each of those remits.
7 Cr Lucas, Cr Gilbert and Cr Houlahan will attend the AGM on behalf of Council. The Mayor is unable to attend the AGM as he is on Council business meeting the Japanese ambassador.
DISCUSSION
8 The Council put forward a remit regarding the rates rebate scheme for consideration at the LGNZ AGM. While this received support from the required number of councils, it was not accepted by the Remit Screening Committee of LGNZ as it was similar to previous remits that were adopted at previous AGMs. LGNZ has advised that work is being progressed on this matter. This advice is attached as Attachment B.
9 The DCC voting delegate attending the LGNZ AGM will have the opportunity to vote on the remits. Council needs to determine how it wishes to vote on each remit.
10 Previously, the Mayor as the voting delegate has decided how they will exercise the vote.
11 Councils speak briefly to their remits, so delegates at the AGM may be in a more informed voting position than councillors are prior to the AGM.
12 A summary of each of the remits to be considered at the LGNZ AGM is presented below. Staff have included brief comments where appropriate.
13 Remits already endorsed by Council are listed first, followed by remits that support current DCC policy positions and finally remits where there is no current DCC view.
REMITS ALREADY ENDORSED
12 Remit 6 – Proactive lever to mitigate the deterioration of unoccupied buildings
That LGNZ advocate to Government:
· For legislative change enabling local authorities to compel building owners to remediate unoccupied derelict buildings and sites that have deteriorated to a state where they negatively impact the amenity of the surrounding area.
· To incentivise repurposing vacant buildings to meet region-specific needs, for example, accommodation conversion.
This has already been endorsed by Council.
Proposed by: Gisborne District Council
Supported by: This remit is supported by eight Councils including Dunedin City Council
REMITS THAT SUPPORT CURRENT DCC POLICY POSITIONS OR OPERATIONAL PRACTICES
13 Remit 1- Representation reviews
That LGNZ:
· Advocate for changes that support the provision of timely and accurate regional and sub-regional population data to Councils for use in Council representation reviews.
Proposed by: Waikato Regional Council
Supported by: LGNZ Zone 2
Staff comment: This remit aligns with the DCC’s position and reaffirms that the provision of timely and accurate data is essential for fair reviews. Staff recommend supporting this remit.
14 Remit 3 – Local government constituencies and wards should not be subject to referendum
That LGNZ lobbies Central Government to:
· Ensure that Māori wards and constituencies are treated the same as all other wards in that they should not be subject to a referendum. We oppose the idea that Māori wards should be singled out and forced to suffer a public referendum.
Proposed by: Palmerston North City Council
Supported by: LGNZ Zone 3, Te Pae Tawhiti (Horizons Region, Māori ward and constituency councillors)
Staff comment: The DCC is committed to Te Taki Haruru – Māori Strategic Framework to operationalise the Treaty of Waitangi partnership between mana whenua and council. A referendum increases inequity for Māori representation at local government level. The additional criterion is in direct contradiction of Article 2 (tino rangatiratanga) and Article 3 (equal rights) of the Treaty of Waitangi. Staff recommend supporting this remit.
REMITS WITH NO CURRENT DCC POLICY OR OPERATIONAL POSITION
15 Remit 2 – Community Services Card
That LGNZ:
· Advocate to central government to amend the Health Entitlement Cards Regulations 1993 so that the cardholder can use the Community Services card as evidence for the purposes of accessing Council Services which would otherwise rely of a form of means testing.
Proposed by: Palmerston North City Council
Supported by: Zone 3
16 Remit 5 – Graduated driver licensing system
That LGNZ:
· Advocate for changes to the fee structure for driver licensing, better preparing young people for driver license testing, and greater capacity in key locations throughout New Zealand, in order to relieve pressure on the driver licensing system and ensure testing can be conducted in a quick and efficient manner.
Proposed by: Ashburton District Council
Supported by: This is supported by six councils.
17 Remit 7 – Appropriate funding models for central government initiatives
That LGNZ:
· Proactively promote and lobby for the development of a more equitable and appropriate funding model for central government initiatives.
Proposed by: Northland Regional Council
Supported by: LGNZ Zone 1
18 Remit 8 – Goods and services tax (GST) revenue sharing with local government
That LGNZ:
· Be proactive in lobbying central government on sharing GST revenue with local government, derived from local government rates and service fees related to flood protection mitigation, roading and three waters for investment in these areas.
Proposed by: Northland Regional Council
Supported by: LGNZ Zone 1
19 Remit 11 – Entrenchment of Māori wards and constituencies for local government
That LGNZ:
· Proactively promote and lobby to entrench the Māori wards and constituencies for the 64 councils which currently have these, to require the support of a supermajority of parliament should either parliament or councils seek their removal.
Proposed by: Northland Regional Council
Supported by: Zone 1
OPTIONS
14 There are two options. Council can give direction on the DCC’s voting position for each for the remits, or not on specific remits, to the Deputy Mayor.
Option One – Council gives direction to voting delegate
Advantages
· The voting delegate is aware of the preference of Council.
Disadvantages
· Council gives direction without being fully informed of the discussion that will take place at the AGM about the remits.
Option Two – decisions on the voting position on the remits remains with the voting delegate
Advantages
· The voting delegate is privy to additional information and debate at the AGM.
Disadvantages
· The voting delegate is not aware of the preference of Council regarding the remits.
NEXT STEPS
15 The DCC delegate at the LGNZ AGM will vote on the remits in accordance with the decisions made.
Signatories
Author: |
Clare Sullivan - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
LGNZ AGM Remits |
294 |
⇩b |
Email from LGNZ |
344 |
|
Council 31 July 2024 |
Amendment to Standing Orders - Quorum
Department: Civic
EXECUTIVE SUMMARY
1 The Local Government Act 2002 (the Act) has been amended to allow members attending a meeting via audio-visual link, to be counted as part of the quorum of meetings of a local authority.
2 This report recommends that changes are made to three of Council’s Standing Orders, to align the quorum provisions with the changes made to the Act. As this is an administrative report there are no options or Summary of Considerations.
That the Council:
a) Approves amendments to Standing Orders 10.1, 12.8 and 12.9 as provided for in Attachment A.
b) Notes that this decision requires a vote of not less than 75 percent of members present.
Discussion
3 During the period of COVID restrictions, legislation was enacted to provide temporary arrangements to allow members attending a meeting via audio-visual link to be counted as part of the quorum. These provisions were extended following natural disasters, Cyclones Gabrielle and Hale.
4 This temporary arrangement has now become permanent, through an amendment to the Act. A link to this amendment can be found at Local Government Electoral Legislation Act 2023 No 57, Public Act 49 Schedule 7 amended – New Zealand Legislation.
5 To align the Council’s Standing Orders with the Act, changes to three Standing Orders, 10.1 – Quorum, 12.8 – Member’s status: quorum, and 12.9 – Member' are recommended as shown in Attachment A.
NEXT STEPS
7 If agreed, the Standing Orders will be updated accordingly.
Signatories
Author: |
Clare Sullivan - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
Recommended changes to Standing Orders |
347 |
Council 31 July 2024 |
Hearings Committee Delegation Change
Department: Civic
EXECUTIVE SUMMARY
1 The current Committee Structure and Delegations Manual includes a series of delegations to the Hearings Committee regarding a number of pieces of legislation.
2 This report seeks a change to the delegations under section 198 of the Local Government Act 2002 regarding development contributions, to remove the upper financial limit.
That the Council:
a) Amends clause 20 of the Hearings Committee delegation to remove the upper limit.
b) Updates the Committee Structure and Delegations Manual 2019 to reflect this change.
DISCUSSION
3 The current Hearings Committee delegation relating to requests for remission of Development Contributions provides that the Hearings Committee can hear and consider any requests up to $100,000. This means that the full Council is the only body that has the delegation to hear and consider any requests for remission over $100,000. This has not been proven to be an issue in recent times, but with increasing growth and new development, applications are now being received that are above the $100,00 threshold.
4 Historically, the committee structure included a Development Contributions Subcommittee. That subcommittee had the delegation to hear and recommend on any matters over $100,000. This subcommittee was disestablished prior to the 2016 triennium.
5 Following discussion with the Chairperson of the Hearings Committee, it is recommended that the Hearings Committee delegation be amended to remove the upper limit from clause 20 of Delegation. The new delegation will read as
“To consider and determine applications for remissions of a development contribution for an unusual development where the contribution is greater than $10,000.”
6 As this is an administrative report, no Options or Summary of Considerations have been completed.
NEXT STEPS
7 If approved, the Committee Structure and Delegations Manual will be updated and republished electronically and in paper form.
8 Councillors will be provided with an updated copy of the Manual, if required.
Signatories
Author: |
Clare Sullivan - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
There are no attachments for this report.
|
Council 31 July 2024 |
Grants Review - Terms of Reference
Department: Civic
EXECUTIVE SUMMARY
1 This report seeks approval of a draft Terms of Reference for the continuation of the grants review that commenced in 2023. The draft Terms of Reference is at Attachment A.
That the Council:
a) Approves, with or without amendment, the draft Terms of Reference for the Grants Review.
b) Notes that updates on the review will be as required to either the Community Services Committee or Council.
BACKGROUND
2 In 2023, a request was made by Council to undertake a review of grants, to support the preparation of the 10 year plan 2024-34. A Grants Workstream was established to undertake the review.
3 In September 2023, a report was presented to Council that provided an overview of the DCC grant categories, budgets, and expenditure. The report identified the need for more work to be undertaken, to look at and understand grants from an across all of Council perspective. It also noted that the DCC’s Grants Management Policy was due to be reviewed in 2024.
4 At its meeting on 27 February 2024, Council decided to proceed with an Annual Plan 2024/25, followed by a 9 year plan 2025-34 (9 year plan).
5 A report was presented to the 12 March 2024 Council meeting, providing an update of the work completed by the Grants Workstream. The report noted that the next steps included the need to define the grant review process to complete the review.
DISCUSSION
6 The process for developing the 9 year plan is detailed in the report “9 year plan 2025-34 Process” that is on the agenda. The process includes six operational groups, one being the Grants Review.
7 A draft Terms of Reference has been developed that sets out the purpose of the review and the work that now needs to be undertaken to complete the review.
8 The Terms of Reference sets out key completion dates for specific pieces of work as follows:
· Early engagement completed by October 2024.
· Recommendations from the review of existing grants and their alignment with agreed outcomes by December 2024.
· Update of the Grants Management Policy by June 2025.
· Structure and membership of the Grants Subcommittee by June 2025 – to inform decision making on a committee structure following the 2025 Local Government elections.
9 The draft Terms of Reference provides for the review to be undertaken by the elected members of the Grants Subcommittee, being Cr Laufiso (Chair of the Grants Review), Deputy Mayor Lucas, Cr Acklin, Cr Barker, Cr Mayhem and Cr Whiley, supported by three staff members.
OPTIONS
10 Council may wish to amend the draft Terms of Reference for the Grants Review.
NEXT STEPS
11 Updates on the review, and requests for decisions to be made, will be presented to the Community Services Committee or Council as required.
Signatories
Author: |
Sharon Bodeker - Special Projects Manager |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
Draft Terms of Reference for the Grants Review |
355 |
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
The Grants Review contributes to many of the objectives and priorities of the DCC’s strategies. |
||||||||||||||||||||||||||||||||||||||||
Māori Impact Statement The distribution of DCC grants has been used to support and give effect to the Council’s commitment to Māori and to its obligations under the Treaty of Waitangi. The adoption of Te Taki Haruru outlines the DCC’s commitment to mana whenua. Te Taki Haruru will guide the grants review including assessing the potential impacts that grants can have for Māori. During the Grants Management Policy Review, consultation with mana whenua and and mātā waka will take place. |
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Sustainability DCC grants have been used to support and give effect to the Council’s commitment to sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The Grants Review will inform budget decisions for the 9 year plan. |
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Financial considerations The Grants Review will inform budget decisions for the 9 year plan. |
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Significance The decision on the Terms of Reference is considered of low significance in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external The Grants Review will include pre-engagement with the wider community and will form part of the consultation during the 9 year plan.. |
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Engagement - internal The Grants Review will include engagement with staff from across council. |
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Risks: Legal / Health and Safety etc. There may be legal and reputational risk if changes to grants are not delivered or managed well. The Grants Review Work Programme will actively manage these risks by ensuring appropriate consultation is undertaken, and that any recommendations for change align with Council’s strategic outcomes. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards Community Boards will be engaged with as part of the Grants Review and will be interested as the Board’s discretionary funds fall under the category of “Discretionary Grants” and are captured by the Terms of Reference for the review. |
Council 31 July 2024 |
Grants Subcommittee - External Representatives
Department: Civic
EXECUTIVE SUMMARY
1 The Grants Subcommittee has both elected representatives and non-Council appointed members.
2 The term for non-Council appointed members expired on 30 June 2024. A review of Council grants is being undertaken. It was intended that this review would be completed in time for the 10 year plan 2024-34 with approved changes to commence on 1 July 2024.
3 The Council is now undertaking a nine-year plan and the Grants review will align with this timeframe.
4 This report asks Council to extend the term of the non-Council representatives through to 30 November 2024.
5 As this is an administrative report, there are no options or summary of considerations.
That the Council:
a) Extends the term of the non-Council representatives to 30 November 2024 noting that the term will be reviewed in line with the grants review.
DISCUSSION
6 The Grants Subcommittee is responsible for allocating funds to community organisations under various funding schemes coordinated by Council. These schemes are either Council funded and/or funded by other organisations in accordance with their set criteria.
7 Council has more than 15 grant funding pools within its Community Events and Creative Partnership activities, and grant funding is available through other Council activity groups. Given the size and complexity of Council grants, a stocktake and review is underway, with a view to consolidating and simplifying grant pools and processes.
8 At its meeting on 27 March 2023, Council extended the term of the appointed non-Council representatives to the Grants Subcommittee to 30 June 2024. The non-Council representative appointments were:
· Anna Parker and Jonathan Usher (Community Representatives)
· Hannah Molloy (Arts Representative)
· Currently vacant (Community Events Representative)
· Alister Robinson (Major Community and Premier Events Representative)
· Peter Hayden and Don Hunter (Creative NZ Representatives)
9 The Committee Structure and Delegations Manual also provided for the appointment of a mana whenua representative, with rūnaka selecting the representative. The mana whenua representative is Adam Keane.
10 The Council is now conducting a nine year-plan 2025-34. To allow time to complete the grants review it is recommended that the current non-Council representatives have the term of their appointments extended to 30 November 2024.
11 The non-Council representatives have indicated their willingness for their terms to be extended.
NEXT STEPS
12 The non-Council representatives will be advised of the decision made at this meeting and be invited to remain on the subcommittee until 30 November 2024.
13 If any non-Council representatives decide not to remain on the subcommittee, a process for replacing those members will be undertaken.
Signatories
Author: |
Clare Sullivan - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
There are no attachments for this report.
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Council 31 July 2024 |
Proposed Event Road Closures - August 2024
Department: Transport
EXECUTIVE SUMMARY
1 The DCC has received temporary road closure applications relating to the following events:
a) Graduation Parade
b) Special Rigs for Special Kids
2 This report recommends that Council approves the temporary closure of the affected roads.
That the Council:
a) Resolves to close the roads detailed below (pursuant to Section 319, Section 342, and Schedule 10 clause 11(e) of the Local Government Act 1974 (LGA 1974)):
i) Graduation Parade
Saturday 17 August 2024 |
11.00am to 11.30am |
· Great King Street, from Frederick Street to Albany Street (Parade departs from Great King Street at 11.30am) |
11.10am to 11.45am (approx.) |
· Frederick Street, from Great King Street to George Street · George Street, from Frederick Street to Moray Place |
|
11.10am to 12.30pm |
· Moray Place, from George Street to Upper Stuart Street · Filleul Street, from Moray Place to St Andrew Street |
ii) Special Rigs for Special Kids
Sunday 25 August 2024 |
6.00am to 6.00pm |
· Midland Street, from Timaru Street to Portsmouth Drive · Otaki Street, from Midland Street to Teviot Street |
From approx. 11.00am for 20 minutes |
· Teviot Street, from Portsmouth Drive to Timaru Street, to allow the convoy to leave |
BACKGROUND
3 Council’s Dunedin Festival and Events Plan supports the goal of a successful city with a diverse, innovative, and productive economy and a hub for skill and talent.
4 The areas proposed to be used for these events are legal roads and can therefore be temporarily closed to normal traffic if statutory temporary road closure procedures are followed. The procedures are set out in Section 319 of the LGA 1974 and give Council the power to stop or close any road (or part of a road) within the parameters of Section 342 and Schedule 10 of the LGA 1974 (Schedule 10 is included as Attachment A).
5 These procedures include:
· Consultation with the New Zealand Transport Authority Waka Kotahi 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 the New Zealand Transport Authority Waka Kotahi have no objections to the proposed road closures.
9 On Saturday 22 June 2024, the proposed temporary road closures were advertised in the Otago Daily Times (Attachment B) with a deadline for feedback.
10 The event organisers contacted those considered affected prior to submitting their application, and no objections were received.
11 Schedule 10 clause 11(e) states a road cannot be closed more than 31 days in the aggregate in any one year. This limit will not be exceeded by the approval of the proposed temporary road closures.
Traffic Impacts
12 The event locations of these events have 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 Note any amendment to this report’s recommendations cannot be implemented without further consultation with the affected parties, New Zealand Transport Agency Waka Kotahi, the Police, and verifying that traffic impacts are acceptable.
Option One – Recommended Option
16 That the Council closes the sections of road as recommended in this report.
Advantages
· Roads can be closed, and the event will be able to proceed.
· The closures will assist in realising the economic, social, and cultural benefits associated with the events.
Disadvantages
· There will be temporary loss of vehicular access through the closed areas. However, there are detours available, and safety can be assured using temporary traffic management.
Option Two – Status Quo
17 That the Council decides not to close the roads in question.
Advantages
· There would be no detour required for the travelling public, and the roads would be able to be used as normal.
Disadvantages
· The events would not be able to go ahead, and the benefits of the events would be lost.
NEXT STEPS
18 Should the resolution be made to temporarily close the roads, Council staff will accept the temporary traffic management plans that have been received for the events and notify the public of the closures.
Signatories
Authoriser: |
Jeanine Benson - Group Manager Transport Scott MacLean - General Manager, Climate and City Growth |
|
Title |
Page |
⇩a |
Local Government Act 1974, Schedule 10 |
365 |
⇩b |
ODT Advert - 22 June 2024 |
370 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision promotes the social well-being of communities in the present and for the future. |
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Fit with strategic framework
Events contribute to the Strategic Framework. Events contribute to the Economic Development Strategy, the Social Wellbeing Strategy. There is a Festival and Events Plan 2018-2023. |
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Māori Impact Statement Mana whenua have not been directly engaged with in relation to these road closures. |
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Sustainability There are no implications for sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications, as the decision is a regulatory one and there are no direct costs to Council. |
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Financial considerations There are no financial implications. The cost of the proposed road closure is not a cost to Council. |
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Significance This decision is considered low in terms of the Council’s Significance and Engagement Policy. |
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Engagement – external There has been external engagement (as required by the LGA 1974), with the Police and New Zealand Transport Agency Waka Kotahi. Affected parties were notified and provided a time period for feedback. |
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Engagement - internal There has been engagement with DCC Events and Transport. There is support for the events to proceed. |
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Risks: Legal / Health and Safety etc. There are no identified risks should the recommended resolution be made. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards There are no implications for Community Boards. |
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Council 31 July 2024 |
Code of Conduct - Cr Vandervis
Department: Civic
EXECUTIVE SUMMARY
1 A Code of Conduct complaint was laid in accordance with the process set out in the Dunedin City Council Code of Conduct (Code of Conduct) following the receipt by the Chief Executive of a complaint from Cr Laufiso against Cr Vandervis. This report presents the Code of Conduct investigation to the Council for consideration.
2 The Code of Conduct, approved in 2016 but remaining in force until replaced by this Council, sets out the process to be followed on receipt of a complaint being made, including an independent investigation and referral of that investigation to Council. This process has been followed, and the Council must now decide on its response.
3 As this is an administrative report, there are no options or Summary of Considerations.
That the Council:
a) Considers the findings of the investigation of the Independent Investigator, Mr Jordan Boyle into the Code of Conduct complaint made by Cr Marie Laufiso in respect of Cr Lee Vandervis.
b) Notes that Cr Vandervis has declined the opportunity to address the Council.
c) Decides whether a material breach of the Code of Conduct has occurred, and if so, which, if any, of the sanctions set out in the DCC Code of Conduct should be imposed on Cr Vandervis.
THE PROCESS UNDERTAKEN
4 On 6 November 2023, the Chief Executive received a complaint from Cr Laufiso concerning Cr Vandervis. (Attachment A). The complaint was an allegation of conduct by Cr Vandervis that demonstrates contempt for Te Pae Māori specifically and both mana whenua (sometimes defined as customary authority exercised by an iwi or hapu in an identified area) and Matāwaka generally.
5 The alleged conduct relates to statements made by Cr Vandervis in Council meetings, in correspondence to other parties at the Council and to the Director of the Dunedin Public Art Gallery, Toitū Otago Settlers Museum Lan Yuan and Olveston.
6 Clauses 12 and 13, and Appendix B of the Code of Conduct, adopted 25 October 2016, sets out the process to be followed when complaints are laid. The following process was undertaken in accordance with the Code of Conduct:
· An independent investigator, Mr Jordan Boyle, was appointed by the Chief Executive from the approved List of Independent Investigators, to complete a preliminary report, to determine whether the issue was sufficiently serious to warrant a full investigation. A copy of the list of investigators is at Attachment B.
· The complainant was advised that their allegations had been referred to independent investigator for investigation.
· On 19 December 2023 Cr Vandervis was advised in an email from staff, on behalf of the Chief Executive of the allegations received, and that a Code of Conduct complaint had been made, referred to an independent investigator, the name of the investigator, and the process for dealing with complaints.
· Mr Boyle carried out a preliminary investigation and in January 2024, provided a Preliminary Report to the Chief Executive. advised the Chief Executive that the complaint concerning Cr Vandervis was sufficiently serious to warrant a full investigation.
· A final investigator’s report, at Attachment C, was sent to the Chief Executive on 21 June 2024.
DISCUSSION
7 Clause 5.3 of the Code of Conduct sets out the expectations of elected members, and their relationship with the public. Appendix B of the Code of Conduct set out the process for the Council to consider the investigator’s report. A copy of Appendix B is at Attachment C.
8 Cr Laufiso is not able to participate in the decision making and is required to leave the meeting.
9 Before making any decision in respect of the investigator’s report, the Code of Conduct requires that the Council gives Cr Vandervis an opportunity to appear and speak in his own defence. In this instance, Cr Vandervis has decided that he does not want to appear or speak in relation to the matter as per the email correspondence with the Chief Executive (Attachment F). He will not be present at the meeting.
10 Councillors must read the report attached. The Council must then consider the investigator’s report and rule on the complaints, by determining whether there has been a breach of the Code of Conduct and determine the nature of any penalty or action (if any), depending on the seriousness of the breach. The nature of any penalty or actions are set out in section 13.1 of the Code of Conduct. Clause 13.1 also sets out actions a respondent (the member) may agree to do that could enable a Council to not impose any penalty. A copy of Clause 13.1 is at Attachment E.
11 Please note that staff will be able to provide any process advice at the meeting but are not able to provide any advice or comments on the findings of the independent investigator.
NEXT STEPS
12 Cr Vandervis will be advised of the decisions made by Council.
Signatories
Author: |
Clare Sullivan - Manager Governance |
Authoriser: |
Sandy Graham - Chief Executive Officer |
|
Title |
Page |
⇩a |
Cr Laufiso Formal DCC Code of Conduct complaint against Cr Lee Vandervis 061123 |
374 |
⇩b |
List of Independent Investigators |
377 |
⇩c |
Final Investigations Report - Cr Vandervis |
378 |
⇩d |
Appendix B of the Code of Conduct |
393 |
⇩e |
Clause 13.1 from the Code of Conduct |
396 |
⇩f |
Email response from Cr Vandervis to not attend meeting |
397 |
|
Council 31 July 2024 |
Resolution to Exclude the Public
That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.
[1] The research summaries are available on the Otago University’s Research Archive and on the South Dunedin Future webpage.