Agenda of Council - Tuesday, 8 November 2022

Notice of Meeting:

I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:

Date: Tuesday 8 November 2022

Time: 10.00 a.m.

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

Sandy Graham

Chief Executive Officer

Council

PUBLIC AGENDA

MEMBERSHIP

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

Senior Officer Sandy Graham, Chief Executive Officer

Governance Support Officer Lynne Adamson

Lynne Adamson

Governance Support Officer

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

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

Council

8 November 2022

Reports

Dunedin Interim Speed Management Plan

Department: Transport

EXECUTIVE SUMMARY

1 This report presents the Draft Dunedin Interim Speed Management Plan (SMP) for public consultation, in accordance with section 82 of the Local Government Act 2002 and section 12.17 of the new Land Transport Rule: Setting of Speed Limits 2022 (the Rule).

2 This Draft Interim SMP complies with the requirements of the Rule, which came into force on 19 May 2022.

3 The Rule changes the process for the setting of speed limits by Road Controlling Authorities (RCAs) such as the Dunedin City Council (DCC) and Waka Kotahi. The Rule removes the ability for speed limits to be made under a bylaw, making the DCC Speed Limit Bylaw redundant. The DCC Bylaw will therefore need to be revoked.

4 The Rule provides for an Interim SMP to cover the period until 30 June 2024. The Interim SMP will then be replaced by the SMP 2024-2027 which will be developed and consulted on by the DCC in 2023.

5 As part of the Rule, DCC as a Road Controlling Authority (RCA) is required to submit an SMP to the Director of Land Transport to reduce the speed limits around at least 40% of schools by 30 June 2024. This requires DCC to produce an Interim SMP to enable speed limit changes around schools before the consultation and adoption of the SMP 2024-2027.

RECOMMENDATIONS

That the Council:

a) Revokes the Dunedin City Council Speed Limit Bylaw 2004

b) Approves the Draft Dunedin Interim Speed Management Plan, with any amendments, for consultation 14 November – 9 December 2022

c) Authorises the Chief Executive to make any minor editorial changes to the Draft Interim Speed Management Plan if required.

BACKGROUND

6 Waka Kotahi consulted on a new regulatory framework for the process to set speed limits during 2021. The outcome of this process was a new Setting of Speed Limits Rule 2022 (the Rule) to replace the 2017 rule.

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

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

The Rule

9 The new regulatory approach to speed management planning, includes the new Speed Management Guide (SMG), the Road to Zero Strategy, the National Speed Limit Register and updated MegaMaps. The SMG provides RCAs with the tools that support Aotearoa New Zealand’s Road to Zero Strategy.

10 Key components from the Rule include:

· producing an SMP on a three-year cycle that aligns with that of the National Land Transport Programme (NLTP)

· aligning infrastructure investment decisions and speed management decisions through the Regional Land Transport Planning (RLTP) process

· introducing a new consultation process that aligns with the three-year RLTP consultation process

· requiring RCAs to reduce speed limits around all schools by 31 December 2027, with an interim target of 40% of schools by 30 June 2024. The interim target will require the DCC to adopt an interim SMP

· acknowledging the status of Māori as Treaty partners and specifies that Māori are involved in the development of SMPs and consulted on aspects of the plan that are important to them

· requiring all RCAs that are territorial authorities to include their proposed speed limit changes and safety infrastructure treatments for the coming 10 years into SMPs

· requiring regional transport committees (RTCs) to coordinate input from RCAs in their region to create a regional SMP, aligning with the RLTP process

· requiring regional councils to facilitate the administrative function of regional consultation on SMPs

· giving the Director of Land Transport at Waka Kotahi responsibility for certifying SMPs

· introducing a new process for setting speed limits outside of SMPs

· removing the ability to set speed limits through bylaws

· enabling a whole of network approach that considers safety-related infrastructure improvements, speed limit changes and safety camera placement

· requiring all speed limits (other than temporary speed limits) to be entered into a national register (the NSLR) which will give legal effect to all speed limits (other than temporary speed limits).

11 The process for developing and consulting on SMPs is shown in Attachment A. This document has been prepared by Waka Kotahi. This process will be followed for the development of the DCC SMP 2024-2027.

12 The Rule sets out the statutory process for an Interim SMP that requires a draft version to be published for public consultation. The final Interim SMP must then be submitted to the Director of Land Transport for certification.

DISCUSSION

Dunedin City Council Speed Limit Bylaw 2004

13 The Rule, which is made in accordance with the Land Transport Act 1998, requires that all speed limit data is migrated to the National Speed Limit Register (NSLR). The NSLR then becomes the legal instrument for all speed limits.

14 The Rule has removed the ability for speed limits to be set by an RCA under a bylaw. These types of speed limit bylaws are now redundant and need to be formally revoked as soon as reasonably practicable after an RCA’s speed limit data has been transferred to the NSLR. The Rule provides that these now redundant speed limit making bylaws must be revoked by resolution, without the need for consultation.

15 By 19 July 2022 DCC had transferred speed limit data to the NSLR for all roads under its control. The speed limits, which were previously created under the DCC Speed Limit Bylaw 2004, continue to apply and be enforceable.

Interim Speed Management Plan

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

17 The Draft Dunedin Interim SMP covers a number of schools that will provide DCC the ability to reduce speed limits around schools. This enables the DCC to meet the requirement of the Rule to reduce speeds around 40% of all schools by June 2024.

18 The Draft Interim SMP also addresses the George Street slow speed zone and requests that have been received from the community before and during the Speed Limit Bylaw Amendment 11 process in 2021.

19 The Draft Interim SMP covers the period from when the Rule came into force until June 2024. The SMP 2024-2027 will then align with the next RLTP/NLTP process (2024).

20 The Draft Interim SMP is included as Attachment B to this report. It is proposed to be published on the DCC website for consultation from 14 November – 9 December 2022.

21 The Draft Interim SMP is predominately focused on providing safe and appropriate speeds around schools. Affected schools were notified of the proposed changes around their school, in August 2022, to provide feedback (Attachment C).

a) 14 schools provided feedback on the proposed changes, all of which were supportive of reducing the speed limit around schools to 30km/h.

b) Four schools requested the proposed school zone be extended to include key walking and cycling routes and early childhood centres. One school requested the proposed school zone be reduced to ensure better compliance.

22 Waka Kotahi is also preparing an Interim State Highway SMP that they will be consulting on through November and December 2022.

23 Waka Kotahi is aiming to consult on their 2024-2027 State Highway SMP in June 2023.

24 Included as Attachment D is a letter from Waka Kotahi to partners and stakeholders outlining the development of their SMP.

OPTIONS

25 While Council could choose not to consult on a draft interim SMP, this is not a realistic option as this would mean Council was unable to meet its statutory obligations.

26 The only option that achieves legislative compliance is presented below.

27 There is the option however to amend the draft Interim SMP prior to consultation. The SMP could be amended by removing or including areas for example. Amendments of this nature would require a change to the consultation period to allow staff time to prepare the necessary information.

Option – Approve the Draft Interim Speed Management Plan for consultation (with any amendments)

28 Council to approve the Draft Interim SMP (Attachment B) for consultation from 14 November – 9 December 2022, with or without amendments.

Advantages

· DCC will have a plan to enable the legislative requirement to reduce speed limits at a minimum of 40% of schools to 30km/h by 30 June 2024.

· School representatives support reducing speed limits to improve safety for tamariki getting to and from school.

· The consultation period aligns with the consultation currently being undertaken by Waka Kotahi on the Interim State Highway plan interim SMP

Disadvantages

· Any amendments may alter the consultation period which will affect the alignment with Waka Kotahi consultation.

· Staff can identify no disadvantages.

NEXT STEPS

29 If approved, Staff will publish the Draft Dunedin Interim SMP with amendments (if any), for consultation from 14 November – 9 December 2022, followed by a public hearing if required in February 2023.

30 Staff will prepare a report, following consultation, for a hearings committee to appointed and to consider feedback on the consultation, prior to making a recommendation to Council on the approval of the final Interim SMP.

31 Staff will ensure that the Speed Limit Bylaw 2004 is removed from the DCC’s website.

32 Staff will prepare a submission to Waka Kotahi on the Draft Interim State Highway SMP consultation (14 November – 9 December).

33 Staff will begin preparing the SMP 2024-2027 for the 2024 RLTP process, starting no later than 30 January 2023.

Signatories

Author:

Nick Sargent - Transport Strategy Manager

Authoriser:

Jeanine Benson - Group Manager Transport

Simon Drew - General Manager Infrastructure and Development

Attachments

	Title	Page
⇩a	Speed Management Plan process	29
⇨b	Draft Interim Speed Management Plan 2022-2024 (Under Separate Cover 1)
⇩c	Pre-consultation feedback received from Schools	30
⇩d	Waka Kotahi letter on State Highway Speed Management Plans	40

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

Fit with strategic framework

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

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

Māori Impact Statement

The new Rule acknowledges Māori as Treaty partners, which includes a role to contribute to the development of SMPs. The Speed Management Guide has a process for establishing and maintaining engagement through the Speed Management Plan 2024-2027 preparation. There has been no specific engagement with Māori over the Draft Interim SMP.

Sustainability

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

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

All proposed speed limit changes and accompanying infrastructure improvements have been planned for as part of the Low Cost / Low Risk programme.

Significance

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

Engagement – external

Affected schools were engaged with early and the summary is included in this report. Wider external engagement will commence as a result of the resolution in this report.

Engagement - internal

There has been internal engagement with Legal.

Risks: Legal / Health and Safety etc.

The proposed speed limit changes are intended to reduce risk by reducing speeds in accordance with the new rule.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

Community Boards will be consulted on the Draft Interim SMP.

Council

8 November 2022

KATI HUIRAPA RŪNAKA KI PUKETERAKI, TE RŪNANGA Ō ŌTĀKOU AND THE DUNEDIN CITY COUNCIL - A TIKAKA BASED APPROACH

Department: Executive Leadership Team

EXECUTIVE SUMMARY

1 The report provides an updated Manatu Whakaaetaka – Relationship Agreement (Agreement) between Kati Huirapa Rūnaka ki Puketeraki, Te Rūnanga ō Ōtākou and the Dunedin City Council (DCC). Included within the Agreement is the newly developed Te Pae Māori (previously the Māori Participation working party).

2 The report seeks approval for the Mayor to sign the Agreement on behalf of Council at Ōtākou Marae on Friday 11 November 2022.

3 The report provides a brief background in relation to:

a) the new Agreement that will supersede the 2006 Memorandum of Understanding (MoU): and

b) the establishment of Te Pae Māori will replace the Māori Participation Working Party (MPWP).

4 The report also provides a brief background of the longstanding historic context of the MoU and the MPWP and the need now, to combine these two partnership mechanisms to ensure Council’s Treaty partnership continues to grow and strengthen.

RECOMMENDATIONS

That the Council:

a) Approves the Manatu Whakaaetaka – Relationship Agreement with or without amendments.

b) Authorises the Mayor to sign the Agreement between Kati Huirapa Rūnaka ki Puketeraki, Te Rūnanga ō Ōtākou and Dunedin City Council at Ōtākou Marae on Friday 11 November 2022.

BACKGROUND

4 Prior to 2003, an informal Māori advisory group had been in existence for some time. This group became the first iteration of the MPWP in 2003 with Mayor Turner as the Chair and Edward Ellison as the Deputy Chair.

5 In 2006 a MoU was signed between Council, Kāti Huirapa ki Puketeraki and Te Rūnanga ō Ōtākou. The MoU more formally established the MPWP as an advisory group to facilitate mana whenua perspectives, provide advice to Council and monitor the MoU. A specific objective of the MPWP was to monitor and review the effectiveness of the MoU and this has not occurred in recent years.

6 The MoU is now 16 years old and was fit for purpose at the time of signing. However, much has changed over the intervening years and the MoU and the MPWP do not adequately reflect Council’s current partnership arrangements with mana whenua.

7 In addition, it is timely with the Strategic Framework Refresh and the development of a Māori Strategic Framework (MSF), to utilise the skill and expertise of a refreshed MPWP to provide mana whenua strategic oversight of this strategic work.

DISCUSSION

8 For many years there has been ongoing dialogue with mana whenua of what the best representation arrangements for Māori should be. Over the last two years with a backdrop of legislative change and reform, Council has been undertaking a process of updating current Māori representation arrangements at a governance level and at an operational level.

9 In 2021 Council approved the establishment of Rūnaka representatives on two Standing Committees and this decision has again been approved in this current triennium. Concurrently, there have also been key Māori staff appointments to lead the Māori strategic development across the DCC and a commitment at an organisational level to build organisational cultural capability to put into practice the Council and Rūnaka Treaty partnership.

10 As part of Council’s decision to review the MPWP terms of reference, there have been a number of constructive Councillor and mana whenua meetings held throughout 2021 and 2022 to ascertain the best arrangements for the MPWP and Māori representation on Council.

11 Staff initially sought to undertake only a review of the MPWP terms of reference. However, it became clear that the MoU and the MPWP were interconnected and that to review and update one document would require a review and update of the other. In keeping with a tikaka Māori (Māori cultural protocol) approach, a new Te Pae Māori has been established.

12 In addition, staff and mana whenua have also worked closely to develop both the Agreement and the new Te Pae Māori. The final draft version of the Agreement and the establishment of Te Pae Māori are briefly outlined below.

Manatu Whakaaetaka – Relationship Agreement 2022

13 The intended outcome of the Agreement is to facilitate a relationship of mutual benefit between Kā Rūnaka and the Council, in order to produce meaningful outcomes for current and future generations of mana whenua, Māori and all citizens of Dunedin.

14 The primary purpose of the Agreement is to:

· provide a relationship framework whereby parties can work together to advance shared aspirations

· respect and acknowledge one another’s roles, responsibilities, rakatirataka (self-determination) and mana (authority) within their respective takiwā (territories)

· collaborate to influence third parties to advance and contribute to shared purpose and opportunities and uphold each other’s obligations under the Treaty of Waitangi.

15 The Agreement is between Treaty of Waitangi partners – mana whenua who signed the Treaty of Waitangi at Ōtākou on June 13, 1840, and the Council as an agent of the Crown.

16 Araiteuru Marae as representatives of Mataawaka are not formally included as signatories to the Agreement and understand the importance of the primary Treaty partnership being between mana whenua and Council.

17 A copy of the final draft version of the Agreement is attached as Appendix A. As the existing MoU was outdated a tracked changes version of the new Agreement was not possible. A copy of the 2006 MoU is attached as Appendix B for reference.

Te Pae Māori

18 Staff, mana whenua and representatives from Araiteuru Marae began a review of the MPWP terms of reference in 2022. As part of the review, the MPWP name as a “Working Party” had long been considered inappropriate.

19 Mana whenua have given the name Te Pae Māori to the newly established group. Pae can be understood as an elevated platform enabling Māori to flourish and bringing light to where there was darkness. The name offers a creative, visionary and constructive way forward that merges traditional Māori knowledge with strategic contemporary solutions.

20 Given the new name, the group reviewing the terms of reference also looked at the various changes that had occurred across Council since the last review. These changes included governance changes with Rūnaka membership on standing committees, operational work through Aukaha, the strategic review work being undertaken and the national political reform context.

21 The group rethought how Te Pae Māori could be better structured to give meaningful effect to the progress that had been made in the relationship between Council and mana whenua and the wider Māori community.

22 Following this rethink, it is proposed that Te Pae Māori will no longer be a working party within the Council committee structure. Instead, Te Pae Māori will sit outside of the Council committee structure and operate more appropriately from a tikaka (Māori cultural protocol) based approach. This will mean that meetings will be held at marae when appropriate, be jointly chaired by Rūnaka leadership and the Mayor, will adhere to Māori protocols and will have a strong focus on relationship development between Councillors, Kā Rūnaka and Araiteuru Marae.

23 Constituted in this way, Te Pae Māori will also be enduring and not subject to change by a simple majority of Council. Its review will be provided for in the recast Agreement.

24 Membership of Te Pae Māori will be made up of Kā Rūnaka representatives and Araiteuru Marae representatives. A significant change to the membership is that Council Rūnaka representatives will be included, and all Councillors will participate as full members of Te Pae Māori.

25 Araiteuru as representatives of Mataawaka continue to be an important member of Te Pae Māori, as they were within the MPWP model.

26 Te Pae Māori will also have a clear strategic focus on the development, implementation, monitoring and future direction of the MSF as it is embedded across the work programmes of key Council activities.

27 A copy of the final draft version of the 2022 Te Pae Māori Terms of Reference is included within Appendix A (As appendix 2 of the Agreement). For reference, a copy of the Draft Refreshed Strategic Framework illustrating where the MSF is positioned is attached as Appendix C.

OPTIONS

28 Council have made considered decisions in recent times that have strengthened Council’s relationship with mana whenua and the broader Māori community, some of these positive decisions have been outlined earlier in this report. With each step towards developing an effective Treaty partnership with mana whenua, the Council moves closer to producing meaningful outcomes for current and future generations of mana whenua, Māori and all citizens of Dunedin.

29 The development of the refreshed Agreement and a new Te Pae Māori is another step towards ensuring the relationship between Council and mana whenua continues to strengthen and grow.

30 By giving the Mayor authority to sign the Agreement on Council’s behalf at the marae, Council is giving a clear signal to mana whenua about its partnership intentions.

31 Council has the option to sign the Agreement in its current form with or without minor amendments or not to sign.

32 The advantages to signing have been detailed in the body of this report. Staff can identify no disadvantages for signing the updated Agreement.

33 If Council wishes to make amendments that are more than minor, further discussions will be required with mana whenua. This will delay the formal signing of the agreement but should not delay the visit to the marae.

NEXT STEPS

34 If approved by Council, Staff will finalise the Agreement with mana whenua if any minor amendments have been made and prepare final copies to be signed at Ōtākou Marae on Friday November 11, 2022.

35 Following the signing of the Agreement, staff will establish a 2023 schedule of Te Pae Māori meetings (4) for all Councillors in collaboration with Kā Rūnaka.

Signatories

Author:	Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy
Authoriser:	Sandy Graham - Chief Executive Officer

Attachments

	Title	Page
⇩a	Appendix A - Draft Manatu Whakaaetaka Relationship Agreement 2022	49
⇩b	Appendix B - Memorandum of Understanding 2006	63
⇩c	Appendix C - Draft Refreshed Strategic Framework 2022	85

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision provides opportunities for mana whenua and Māori to effectively contribute to Council’s decision-making processes and consider ways in which Council can continue to foster the development of Kā Rūnaka and Council Treaty partnership. This decision also enables democratic local decision-making and action by, and on behalf of communities. This decision promotes the social, economic, environmental and cultural well-being of communities in the present and for the future.

Fit with strategic framework

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

This report directly relates to all areas of the DCC’s Strategic Framework and strategies, as it acknowledges the role of Māori representation in Council decision-making processes and the role of the Treaty of Waitangi in developing effective partnership with Māori.

Māori Impact Statement

Mana whenua and mataawaka perspectives have directly informed this report. Rūnaka and Araiteuru representatives of the MPWP have collaborated in the meetings and discussions that form the content of this refreshed Relationship Agreement and the new Te Pae Māori.

Sustainability

This report is in line with the Sustainability principle of the strategic framework, as it discusses relationship agreements with Māori regarding leadership, decision-making, participation, and effective partnership.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Greater Māori representation and contribution to decision-making processes of Council is expected to bring greater visibility and clarity as to how current and future corporate planning functions (encompassing long term plans and associated statutory strategies, levels of service and performance measures) are supporting the DCC’s strategic goals, the Treaty of Waitangi as well as meeting statutory requirements.

Financial considerations

The Civic budget has an allocation for supporting the administrative requirements of the existing MPWP meetings and this will be utilised for Te Pae Māori meetings.

Significance

The report is considered to be of low significance in terms of the Significance and Engagement Policy and requirements of the LGA (2002). However, the significance of the decision to develop stronger Treaty relationships and representation to contribute to Council decision-making is an issue of importance, particularly for Māori communities, but also for Dunedin as a whole, now and in the future.

Engagement – external

There has been considerable engagement with mana whenua and mataawaka in the development of this report.

Engagement - internal

The Māori Participation Working Party and Council Rūnaka Representatives have been engaged in providing direction for the development of this report alongside key staff.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The refreshed Agreement between Council and Kā Rūnaka will be of interest to all Community Boards.

	Title	Page
A ⇩	Minutes of Ordinary Council meeting held on 26 October 2022	15