Agenda of Council - Tuesday, 31 January 2023

Council

31 January 2023

Council

MINUTES

Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, top floor - Dunedin Public Art Gallery, The Octagon, Dunedin on Tuesday 13 December 2022, commencing at 10.00 am

PRESENT

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

IN ATTENDANCE

Robert West (General Manager Corporate and Quality), Gavin Logie (Chief Financial Officer), Simon Pickford (General Manager Community Services), John Christie (Manager Enterprise Dunedin), Simon Drew (General Manager Infrastructure and Development), Jeanette Wikaira (Manahautū (General Manager Māori, Partnerships and Policy)), Gavin Logie (Chief Financial Officer), Paul Henderson (Building Services Manager), Anna Johnson (City Development Manager), Nathan Stoker (Team Leader Research and Monitoring), Scott MacLean (Group Manager Parks and Recreation), Antony Deaker (Economic Development Team Leader), David Ward (Group Manager 3 Waters), Scott Campbell (Regulation Manager 3 Waters), Jeanine Benson (Group Manager Transport), Michael Tannock (Network Assets Team Leader) Sharon Bodeker (Manager Governance), Clare Sullivan (Senior Committee Advisor), Jemma Adams (General Manager, DCHL) and Keith Cooper (Chair DCHL)

Governance Support Officer Lynne Adamson

OPENING PRAYER

Greg Hughson (retired University Chaplain) from the Dunedin Interfaith Council opened the meeting with a prayer.

1 Public Forum

1.1 Public Forum - Wayne Stephenson

Associate Professor Mr Wayne Stevenson spoke on the proposed reinstatement of the groynes and responded to questions.

1.2 Public Forum - Tony Clear

Mr Clear addressed the meeting on the George Street upgrade project.

1.3 Public Forum - Quintin Jane on behalf of the OUSA

Quintin Jane, 2023 OUSA President for the OUSA introduced himself and spoke on the OUSA’s support for the George St upgrade project.

Mr Jane spoke in support of half price bus fares and commented that the OUSA’s preference would be free fares as students were on low incomes while studying.

Mr Jane responded to questions.

Moved (Mayor Jules Radich/Cr Steve Walker)

That the Council:

Extends the public forum.

Motion carried

1.4 Public Forum - Alan Race

Mr Alan Race spoke on the George Street changes on behalf of the Central City Advisory Group.

1.5 Public Forum - Rod Rust

Mr Rod Rust spoke on behalf of the St Clair Action Group; Board Riders and as a business owner on the proposed reinstatement of the groynes.

Mr Rust responded to questions.

1.6 Public Forum - Ray Macleod

Mr Ray Macleod spoke on the trial groynes reinstatement and discussed information on the differences between solid groynes and permeable groynes

Mr Macleod responded to questions.

2 Apologies

There were no apologies.

3 Declarations of interest

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

Moved (Mayor Jules Radich/Cr Mandy Mayhem):

That the Council:

a) Notes the Elected Members' Interest Register; and

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

c) Notes the Executive Leadership Teams’ Interest Register.

Motion carried (CNL/2022/103)

4 Confirmation of Minutes

4.1 Ordinary Council meeting - 29 November 2022

Moved (Mayor Jules Radich/Cr Sophie Barker):

That the Council:

Confirms the public part of the minutes of the Ordinary Council meeting held on 29 November 2022 as a correct record.

Motion carried (CNL/2022/104)

Reports

5 Future Development Strategy: Scope and focus areas
	A report from City Development sought approval for the scope and overall focus for the Future Development Strategy which was being prepared by the Dunedin City Council and Otago Regional Council in partnership with mana whenua.
	The General Manager Infrastructure and Development (Simon Drew), City Development Manager (Anna Johnson) and Team Leader Research and Monitoring (Nathan Stoker) spoke to the report and responded to questions.
Cr Garey left the meeting at 11.00 am and returned at 11.03 am.
	Moved (Cr Jim O'Malley/Cr Sophie Barker): That the Council: a) Notes the updated Housing Capacity Assessment. b) Notes the publication of the Business Land Capacity Assessment and further business land assessment work being undertaken c) Notes the proposed approach to engaging with the community and key stakeholders prior to the publication of the draft FDS. d) Notes that the Otago Regional Council considered the matter on 7 December, and agreed to use a medium growth scenario and included the recommended focus areas (as per Option 1). e) Approves using a medium growth scenario and recommended scope that included the identified focus areas (Option 1). Motion carried (CNL/2022/105)

Moved (Mayor Jules Radich/Cr Marie Laufiso)

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 11.35 am and reconvened at 11.47 am.

6 Elected Member Remuneration for the 2022-2025 Triennium
	A report from Civic sought approval of a revised remuneration allocation of the governance pool in response to a concern raised by the Authority.
	The Manahautū (General Manager Māori Partnerships and Policy) (Jeanette Wikaira) and Manager Governance (Sharon Bodeker) spoke to the report and responded to questions.
	Moved (Cr Marie Laufiso/Cr Christine Garey): That the Council: a) Approves annual remuneration of $106,600 for the Deputy Mayor. b) Approves annual remuneration of $89,192 for Chairs of Standing Committees. c) Approves annual remuneration of $78,428 for Deputy Chairs, Councillors Moved: (Mayor Radich/Cr Andrew Whiley): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 12.04 pm and reconvened at 12.08 pm. Cr Sophie Barker assumed the Chair at 12.08 pm. The Mayor resumed the Chair at 12.09 pm. Moved (Cr Sophie Barker/Cr Kevin Gilbert) That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 12.10 pm and reconvened at 12.13 pm. Cr Sophie Barker assumed the Chair at 12.13 pm. The Mayor resumed the Chair at 12.14 pm. Division The Council voted by division For: Crs David Benson-Pope, Christine Garey, Marie Laufiso and Steve Walker (4). Against: Crs Bill Acklin, Sophie Barker, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (11). Abstained: Nil The division was declared LOST by 11 votes to 4 Motion carried (CNL/2022/106)

	Following discussion it was moved (Mayor Jules Radich/Cr Sophie Barker): That the Council: a) Approves annual remuneration of $110,475 for the Deputy Mayor. b) Approves annual remuneration of $90,979 for Chairs of Standing Committees. c) Approves annual remuneration of $77,982 for Deputy Chairs. d) Approves annual remuneration of $72,783 for Councillors. e) Notes the revised remuneration levels would be forwarded to the Remuneration Authority for approval. Division The Council voted by division For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Carmen Houlahan, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (14). Against: Cr Steve Walker (1). Abstained: Nil The division was declared CARRIED by 14 votes to 1 Motion carried (CNL/2022/107)

Moved Mayor Radich/Cr Steve Walker

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 12.35 pm and reconvened at 1.02 pm.

7 Recreation Tracks Plan 2022
	A report from Parks and Recreation presented the draft Recreation Tracks Plan 2022 for adoption in replacement of the 1998 Track Policy and Strategy.
	The General Manager Community Services (Simon Pickford) and Group Manager Parks and Recreation (Scott MacLean) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Steve Walker): That the Council: a) Adopts the Recreation Track Plan 2022. b) Authorises the Chief Executive to make any minor editorial changes to the Recreation Tracks Plan 2022. c) Notes that implementation of the Recreation Tracks Plan 2022 follows an annual implementation plan and would require ongoing engagement with stakeholders and the community and regular reporting to Council and the community. Motion carried (CNL/2022/108)

8 Submission on Increasing value from government investment in the New Zealand Screen Production Grant
	A report from Enterprise Dunedin sought approval for a Dunedin City Council submission on the consultation (the Consultation) on Increasing Value from Government Investment in the New Zealand Screen Production Grant.
	The Manager Enterprise Dunedin (John Christie) and Antony Deaker (Economic Development Team Leader) spoke to the report and responded to questions on the submission.
	Moved (Mayor Jules Radich/Cr Sophie Barker): That the Council: a) Approves the DCC submission on ‘Increasing Value from Government Investment in the New Zealand Screen Production Grant (NZSPG)’. b) Authorises the Mayor or his delegate to speak to the DCC submission at the hearings. c) Authorises the Chief Executive to make any minor editorial changes to the submission. Motion carried (CNL/2022/109)

9 Submission: Taumata Arowai Notifiable Risks or Hazards Discussion Document
	A report from 3 Waters sought approval of a draft submission to Taumata Arowai on the Notifiable Risks or Hazards Discussion Document.
	The General Manager Infrastructure and Development (Simon Drew), Group Manager 3 Waters (David Ward) and Regulation Manager 3 Waters (Scott Campbell) spoke to the report and responded to questions.
	Moved (Cr Jim O'Malley/Cr Mandy Mayhem): That the Council: a) Approves the draft DCC submission to Taumata Arowai. b) Authorises the Mayor or his delegate to speak to the DCC submission at any hearing on the proposal. c) Authorises the Chief Executive to make any minor editorial changes to the submission to ensure consistency of language. Motion carried (CNL/2022/110)

10 Warrant Cards 2021/22
	A report from Community Services advised the warrants that had been issued by the Chief Executive Officer in the 12-month period ending 31 October 2022.
	The General Manager Community Services (Simon Pickford) spoke to the report and responded to questions.
	Moved (Mayor Jules Radich/Cr Kevin Gilbert): That the Council: a) Notes the Warrant Cards 2021/22 report for the 12-month period ending 31 October 2022. b) Revokes the resolution of 5 December 2005, “That the Council receive future reports on an annual basis for its information”. Motion carried (CNL/2022/111)

11 Road Naming Report-December 2022
	A report from Transport sought approval of a legal road name and four private ways at five different developments in Dunedin.
	The General Manager Infrastructure and Development (Simon Drew) and Group Manager Transport (Jeanine Benson) spoke to the report and responded to questions.
	Moved (Cr Andrew Whiley/Cr Christine Garey): That the Council: a) Names a legal road off Camp Street as ‘Batham Way’. b) Names a private way off Church Street as ‘Armson Close’. c) Names a private way off Grimness Street as ‘Whānau Āwhina Way’. d) Names a private way off 13 Durham Street as ‘George Lewin Lane’. e) Names a private way off 107 Wray Street as ‘de Beer Close’. Motion carried (CNL/2022/112)

13 Resolution to Stop a Portion of Grey Street, Allanton
	A report from Property recommended concluding the road stopping process for 298m2 of land at Allanton, as the public notification process had been completed and there had been no objections received.
	The Group Manager Transport (Jeanine Benson) and Network Assets Team Leader (Michael Tannock) spoke to the report and responded to questions.
	Moved (Cr Steve Walker/Cr Bill Acklin): That the Council: a) Resolves that under Section 342 of the Local Government Act 1974 the portion of unformed road described as Section 1 SO 576292 is stopped. b) Notes that no objections were submitted during the notice period. c) Authorises a public notice declaring that the road is stopped. Motion carried (CNL/2022/114)

14 2022 Annual Reports for the Dunedin City Holdings Ltd Group
	A report from Civic appended the 2022 Annual Reports of Dunedin City Holdings Ltd Group companies, excluding Dunedin Venues Management Limited, which would be available in the New Year.
	The Chair, DCHL (Keith Cooper) and General Manager DCHL (Jemma Adams) spoke to the reports and responded to questions.
	Moved (Cr Sophie Barker/Cr Bill Acklin): That the Council: a) Notes the 2022 Annual Reports of: - Dunedin City Holdings Limited - Dunedin City Treasury Limited - Aurora Energy Limited - City Forests Limited - Delta Utility Services Limited - Dunedin International Airport Limited - Dunedin Railways Limited - Dunedin Stadium Property Limited Motion carried (CNL/2022/115)

Moved (Mayor Jules Radich/Cr Steve Walker):

That the Council:

Adjourns the meeting.

Motion carried

The meeting adjourned at 3.17 pm and reconvened at 3.30 pm.

15 Notice of Motion - George Street
	In accordance with Standing Order 26.1, a Notice of Motion was received from Mayor Radich.
Moved (Mayor Jules Radich/Cr Steve Walker): That the Council: Extends the meeting beyond 6 hours. Motion carried Cr Sophie Barker assumed the Chair. Moved (Cr Sophie Barker/Cr Andrew Whiley): That the Council: Adjourns the meeting. Motion carried The meeting adjourned at 4.11 pm and reconvened at 4.12 pm The Mayor resumed the Chair. It was requested that i) and ii) be taken separately.
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council: a) Request an update report on the Retail Quarter Upgrade works in time for the Infrastructure Services Committee meeting in February 2023 to establish: i) How the project is tracking relative to its budget and timeframes. Division The Council voted by division For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (12). Against: Crs Christine Garey, Marie Laufiso and Steve Walker (3). Abstained: Nil The division was declared CARRIED by 12 votes to 3 Motion carried (CNL/2022/116)
	Moved (Mayor Jules Radich/Cr Bill Acklin): That the Council: ii) How flexibility can be incorporated into the remainder of the project to minimise future expense if modification is deemed necessary. Division The Council voted by division For: Crs Bill Acklin, Kevin Gilbert, Carmen Houlahan, Cherry Lucas, Lee Vandervis, Brent Weatherall, Andrew Whiley and Mayor Jules Radich (8). Against: Crs Sophie Barker, David Benson-Pope, Christine Garey, Marie Laufiso, Mandy Mayhem, Jim O'Malley and Steve Walker (7). Abstained: Nil The division was declared CARRIED by 8 votes to 7 Motion carried (CNL/2022/117)

Cr Bill Acklin left the meeting at 4.22 pm.

16 Notice of Motion - Public Transport Fares
	In accordance with Standing Order 26.1, a Notice of Motion was received from Councillor Steve Walker. It was requested that resolution d) be taken separately.
	Moved (Cr Steve Walker/Cr Jim O'Malley): That the Council: a) Supports the continuation of government funded, universal half price fares for public transport beyond the current end date of 1 February 2023; b) Writes to the Minister of Transport, Minister of Finance and Minister for Climate Change to relay the message, before the House rises for 2022; c) Seeks the support of the Otago Regional Council, as the authority responsible for implementing it in Dunedin Motion carried (CNL/2022/118)

	Moved (Cr Steve Walker/Cr Jim O'Malley): That the Council: d) Requests the Otago Regional Council retains the one-dollar fare while we jointly lobby government. Motion carried (CNL/2022/119) with Mayor Jules Radich and Cr Lee Vandervis recording their vote against

Resolution to exclude the public

That the Council:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 St Clair Beach - Timber Groyne	S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C2 Property update	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C3 Property Option	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C4 Property Opportunity	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.
C5 Dunedin City Holdings Group: Director Appointment	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.

That Michael Garbett and Jessica Hardman (Anderson Lloyd) be permitted to remain in the meeting because of their knowledge for Item C1. This knowledge would be of assistance and was relevant to the matter being discussed.

The meeting moved into confidential at 4.44 pm and concluded at 7.00 pm.

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

MAYOR

Council

31 January 2023

Zero Carbon Work Programme and Dunedin Community Carbon Footprint Update

Department: Sustainability Group

EXECUTIVE SUMMARY

1 The purpose of this report is to provide an update on the Zero Carbon work programme.

2 It sets out activities underway or completed since the last update to Council, in the following key focus areas:

· reducing the DCC’s emissions

· reducing Dunedin City’s emissions

· embedding climate mitigation considerations into the DCC’s business-as-usual processes

· communications, engagement and submission drafting (across the three other focus areas).

3 An update to Dunedin’s Community Carbon Footprint is also presented. Trends in the data are discussed with reference to the DCC’s emissions reduction goals.

RECOMMENDATIONS

That the Council:

a) Notes the Zero Carbon work programme update, including updates to the Dunedin Community Carbon Footprint.

BACKGROUND

Zero Carbon work programme

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. Work underway spans the following key focus areas:

· emissions reduction and management of the DCC’s organisational emissions

· encouraging and facilitating emissions reduction for Dunedin, through a city-wide emissions reduction plan and partnerships with key stakeholders

· creating mechanisms to consider climate change mitigation as part of the DCC’s processes and decision-making

· communications and engagement to support these streams of work, and submission drafting relating to regional and national climate mitigation policy and plans.

5 In the 2021/22 financial year, the following work was completed:

a) Recruitment to achieve staffing levels required to effectively administer the work programme

b) Implementation of an emissions software solution to improve DCC emissions management

c) Refresh of the DCC’s Emissions Reduction and Management Plan (EMRP), and associated organisational emissions reduction targets

d) Development of a communications and engagement plan to support DCC EMRP implementation

e) Development of an approach and timeframes for Zero Carbon Plan development

f) Development/adoption of interim guiding principles for the Zero Carbon work programme (strategic considerations to guide city-wide emissions reduction plan development)

g) Development/adoption of the DCC Zero Carbon Policy (including technical parameters to guide city-wide emissions reduction plan development)

h) Development of submissions on Te hau mārohi ki anamata, the Government’s emissions reduction plan discussion document and the Environment Select Committee’s examination of the Government’s emissions budgets and emissions reduction plan.

DISCUSSION

Zero Carbon work programme update

6 There are three key focus areas within the Zero Carbon work programme. The table below updates the status of activities underway in each of these focus areas, with communications, engagement and submission drafting reported across the three other areas of focus.

Area of work	Objective and details	Timeframe
Reducing the DCC’s emissions	This stream of work aims to measure, report, and reduce the DCC’s operational emissions in line with ISO 14640 and the DCC’s emissions reduction targets.
	· Supporting implementation of current DCC EMRP.	Ongoing until end of 2022/23. Includes implementation of a communications and engagement plan, coordination of reporting against progress, and support for teams to embed a Zero Carbon focus in individual projects, as required.
	· Regular emissions reporting (targets and actions) for General Managers	Establishment phase complete September 2022. Ongoing.
	· Quarterly emissions reporting for the Executive Leadership Team and Council	Establishment phase complete September 2022. Ongoing.
	· Annual emissions reporting to Toitū carbonreduce	Underway. Some delays due to slower than anticipated provision of emissions data from suppliers. Audit scheduled for February 2023.
	· Annual emissions reporting to Council	Underway. Anticipated to be reported to Council alongside Annual Report, following completion of external audit.
	· Upgrade to ISO 14064:2018, involving expansion of DCC inventory scope to include additional significant emissions sources	Underway. Major emissions sources identified; data collection underway from relevant teams and suppliers. Some delays due to slower than anticipated provision of emissions data from suppliers. Available data will be included in 2021/22 reporting, but upgrade will be ongoing as contract renewal occurs for areas with data shortfalls, and additional Scope 3 emissions sources are identified.
	· Pathways modelling to identify additional actions required to achieve 2030 organisational targets	Underway. Some delays due to slower than anticipated provision of emissions data from suppliers.
	· New DCC EMRP development	January 2023 – June 2023
	· New DCC EMRP/draft 10 Year Plan integration	June 2023 – January 2024
Reducing Dunedin City’s emissions	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.
	· Supporting implementation of 10 Year Plan initiatives/actions with a Zero Carbon focus	Underway with key projects e.g. Waste Futures, Interim Biosolids, various 3 Waters strategic planning projects, various Transport business cases, various PARS, Enterprise Dunedin and City Development projects. Ongoing, until June 2024.
	· Zero Carbon Alliance establishment, collaboration and liaison	The Zero Carbon Alliance is a formal collaboration between the Dunedin City Council, Otago Regional Council, Te Pukenga Dunedin Campus, Te Whatu Ora – Southern, and the University of Otago, focused on reduction of organisational emission and achievement of the DCC’s Zero Carbon target. Since the last update to Council, all partners have executed the MoU. Collaboration and liaison to give effect to the MoU is ongoing.
	· Initial mana whenua engagement	A briefing for mana whenua representatives was delayed due to illness and the election. To be rescheduled once rūnaka representatives are confirmed for this triennium.
	· Critical Treaty analysis for city-wide emissions reduction plan development	On hold pending completion of Māori Strategic Framework work programme, and mana whenua engagement.
	· Update of the Dunedin city emissions inventory 2020/21 and 2021/22.	Completed in December 2022. Refer Dunedin Community Carbon Footprint update, below.
	· Pathways modelling to identify additional actions required to achieve city-wide emissions reduction targets. Preparatory work includes securing model, policy baseline, long-list actions and emission impact assessments	Underway. Initial modelling complete; revisions following receipt of updated inventory partially implemented. Action long-list development and emissions impact assessments completed for some areas, still underway in other areas.
	· Development of a measurement framework for the city-wide emissions reduction plan short-listing phase	Underway. Integration with Strategic Refresh and City Portrait work programme being sought where possible.
	· Communications and engagement supporting city-wide emissions reduction plan development	A communications and engagement approach has been developed, and engagement with external subject matter experts, key stakeholders and community groups has been underway since October 2022. Ongoing to mid 2023
	· City-wide emissions reduction plan development	January 2023 – mid 2023
	· City-wide emissions reduction plan/draft 10 Year Plan integration	Mid 2023 – January 2024
	· Responding to requests from stakeholders and members of the public	Ongoing as required.
	· Submissions development and support	Since the last update, staff have supported the development of submissions on the national direction for plantation and exotic carbon forestry, and the Natural and Built Environments and Spatial Planning Bills. Ongoing as required.
Embedding emissions reduction into the DCC’s business as usual processes	This stream of work aims to ensure that emissions reduction is considered through the DCC’s business-as-usual processes, to support city and DCC emissions reduction.
	· Developing process guidance for the Zero Carbon Policy	Underway. Two guidance documents have been finalised and two are close to finalisation. There have been some delays to completion of the general guidance as, following feedback from DCC teams, additional work on Zero Carbon in procurement processes was prioritised for completion. An approach to give effect to the Zero Carbon Policy through procurement processes has been developed and formalised.
	· Supporting DCC teams to implement the Zero Carbon Policy, including communications	Underway. The initial focus on key teams (3 Waters; City Development; Transport Strategy; Procurement) is now being widened to provide briefings and support for a wider range of teams and projects. Ongoing as required.

Dunedin Community Carbon Footprint Update

Methodology

7 A city-wide community carbon footprint update was completed in December 2022 covering the 2018/19, 2019/20, 2021/22, and 2021/22 financial reporting years. As directed by the Zero Carbon Policy, emissions in the Dunedin City Territorial Area were estimated using the production-based Global Protocol for Community-Scale Greenhouse Gas Emissions Inventory (GPC) methodology. This method covers the key sectors of Transport, Stationary Energy, Waste, Industrial Processes and Product Use (IPPU), Agriculture, and Forestry.

8 The footprint update was completed for the DCC by AECOM (who specialise in undertaking emissions inventories for local authorities) and supersedes the previous footprint completed in 2021 (which covered the 2018/19 financial year and updated preceding years). The full Dunedin Community Carbon Footprint report is appended as Attachment A.

9 The latest update uses current best-practice, and up-to-date data for all years, allowing for like-for-like comparisons. While there is inherent uncertainty in estimating emissions, using consistent methodology and data sources between years allows for assessing trends and changes over the years.

Overall results and trends by sector

10 Between 2018/19 and 2021/22:

a) Dunedin’s total gross emissions^{^[1]} in Dunedin decreased 9% (154,546 tCO₂e), from 1,697,047 tCO₂e^{^[2]} to 1,542,500 tCO₂e.

b) Dunedin’s total net emissions decreased 21% (286,379 tCO₂e), from 1,335,709 tCO₂e to 1,049,330 tCO₂e.

c) Dunedin’s total net emissions (excluding biogenic methane) decreased by 40% (259,472 tCO₂e), from 650,132 tCO₂e to 390,661 tCO₂e.

11 The composition of Dunedin’s total gross emissions by sector in the 2021/22 financial year is as illustrated below:

12 Key drivers of the trends by sector were as follows:

· Emissions from Transport decreased by 16% between 2018/19 and 2021/22 (95,552 tCO2e), from 612,931 tCO2e to 517,379 tCO2e. This reduction was mainly driven by a reduction in on-road petrol and diesel consumption, marine freight movements, and air travel. It is likely that COVID-19 restrictions and disruptions to international trade impacted emissions from air travel and marine freight transport during these years.

· Emissions from Waste decreased by 13% between 2018/19 and 2021/22 (14,906 tCO2e), from 112,473 tCO2e to 97,567 tCO2e. This was driven by a reduction in annual emissions from landfill due to improvements to landfill gas capture and the gradual decrease in emissions from closed landfill sites.

· Emissions from Stationary Energy decreased by 12% between 2018/19 and 2021/22 (24,093 tCO2e), from 205,764 tCO2e to 181,671 tCO2e. This was driven by a 16% decrease in emissions associated with electricity consumption (14,663 tCO2e). During this period, electricity consumption (in kWh) decreased by 3% and there was also a 13% decrease in the emissions intensity of the national electricity grid (tCO2e/kWh) due to an increase in renewable generation. Emissions generated by the burning of coal also decreased by 21% (8,892 tCO2e).

· Net Forestry sequestration increased by 36% between 2018/19 and 2021/22 (131,833 tCO2e), from -361,337 tCO2e to -493,170 tCO2e. The growth in net sequestration is due to a decrease in the amount of forest harvesting (producing emissions), and an increase in the area of exotic (commercial) forestry cover that sequesters emissions. It is important to note that annual forest harvesting emissions follow cyclical planting and market-based trends: in some years less forest is harvested and in other years more forest is harvested.

Implications of trends in the context of emissions reduction goals

13 The DCC has two city-wide emission reduction targets:

· all greenhouse gases except for biogenic methane net-zero by 2030

· biogenic methane target aligned with central government - 24 to 47% reduction below 2017 biogenic methane emissions by 2050, including a 10% reduction below 2017 biogenic methane emissions by 2030.

14 Dunedin’s nominated ‘baseline year’ is 2018/19 – the year against which progress towards the DCC’s city-wide net-zero carbon by 2030 target (excluding biogenic methane) is measured. The overall reduction in gross greenhouse gas emissions is a positive step on the journey to achieving this target.

15 At a city-wide level it is difficult to accurately attribute drivers for all reductions. However, trends in some emissions sources, such as the reduction of coal use, can for example be linked to decisions made by the University of Otago to invest in converting one of the boilers at Pioneer’s Dunedin Energy Centre to woodchips. The emissions reduction from this change will be sustained. Further long-term reduction in coal use is expected from other projects planned in the city.

16 Reductions in waste emissions can also be expected to be maintained due to investments in improving landfill gas capture. Further emissions reductions are expected from planned work to reduce waste to landfill – especially efforts to divert food and organic waste, and building and construction waste.

17 Reductions in the transport sector are relatively complex. COVID-19 has affected emissions from marine freight and impacted air travel, especially international flights to Dunedin Airport. During lockdowns there were significant, but short-term, drops in petrol and diesel consumption. However, preliminary analysis suggests a longer-term trend of declining petrol consumption in the city. This could be a result of a more modern, efficient fleet with an increasing proportion of EVs, longer-term changes in working patterns (e.g. more people working from home some of the week), and potentially a shift to lower carbon modes of transport (e.g. walking and cycling).

Focus areas to achieve emissions reduction targets

18 Considering the detail of emissions sources helps identify the necessary areas of focus to meet emissions reduction goals. The top sources of emissions for Dunedin (in descending order) are:

Emissions Sector	Emissions Source	Emissions (t CO₂e)	% Gross Emissions
Agriculture	Enteric Fermentation	544,475	35.30%
Transportation	Diesel	216,594	14.04%
Transportation	Marine Freight	160,389	10.40%
Transportation	Petrol	114,412	7.42%
Agriculture	Manure from Grazing Animals	79,987	5.19%
Stationary energy	Electricity Consumption	78,920	5.12%
Waste	Open Landfill	55,475	3.60%
Agriculture	Other Agriculture Emissions	34,848	2.26%
IPPU	Refrigerants and Air Conditioning	34,448	2.23%
Stationary energy	Coal	34,250	2.22%
Stationary energy	LPG	30,943	2.01%
Waste	Closed Landfill	29,472	1.91%
Stationary energy	Stationary Petrol & Diesel Use	23,846	1.55%
Agriculture	Atmospheric Deposition	22,690	1.47%
Agriculture	Manure Management	21,286	1.38%
Transportation	Jet Kerosene (Air Travel)	18,494	1.20%
Waste	Wastewater Treatment Plants	8,901	0.58%
Stationary energy	Electricity Transmission and Distribution Losses	8,370	0.54%
Agriculture	Agricultural Soils	5,571	0.36%

19 As agricultural emissions are predominantly biogenic methane (and Central Government policy should support achievement of the Government-aligned biogenic methane target), the key emissions sources for meeting the net-zero by 2030 target are transport-related. Given the importance of the transport sector to achievement of emissions reduction goals, a further analysis of on-road transport emissions was undertaken by vehicle class:

20 Approximately half of on-road transport emissions are generated from moving people in cars, and about half from moving goods to, from, and around the city. Proportionally, emissions from buses make up a small component of transport emissions.

21 These findings are helping to inform the development of the Zero Carbon Plan.

Key differences between cities

22 A comparison between Dunedin, Christchurch, Tauranga, Hamilton, and Wellington’s emissions footprints was undertaken to provide some insights into how Dunedin’s emissions compare with other New Zealand cities, as below:

23 Care must be taken in any comparison due to the large number of variables involved, including significant differences in jurisdictional boundaries and population, and slight differences in the timing, data sources, and methodology of emissions inventories.

24 Dunedin’s large rural land area means it has disproportionately higher agricultural emissions compared to other cities in New Zealand. When agriculture is excluded, Dunedin’s total gross emissions per capita is on par with Christchurch and Hamilton, lower than Tauranga, and higher than Wellington. Key reasons for these changes are:

· Wellington has far lower on-road transport emissions per capita (likely due to high walking, biking, and public transport mode-share). It should be noted that the area this footprint relates to is the Wellington City Council jurisdictional area.

· Tauranga, with New Zealand’s largest port by volume, has far higher marine freight emissions, and higher petrol and diesel emissions accounting for higher transport emissions.

25 AECOM’s advice is that more detailed analysis of differences in emissions profiles between cities would not be instructive, for the reasons set out above. However, in the development of the Zero Carbon Plan, staff are in close contact with counterparts across the country sharing experience and knowledge of best practice on the most effective policy interventions to reduce emissions.

OPTIONS

26 As this report is for noting only, no options have been identified.

NEXT STEPS

27 The Zero Carbon work programme will be progressed as per the work programme update, above.

28 The updated Dunedin Community Carbon Footprint will be made available in an accessible form on the DCC website. It will be submitted mid-year as part of DCC’s annual reporting through to the Global Covenant of Mayors for Climate & Energy.

29 The Zero Carbon Policy directs that the city-wide emissions inventory will be regularly updated in line with Global Covenant of Mayors requirements. Staff are working with the Otago Regional Council on a region-wide emissions inventory, and exploring options for on-going collaboration for future inventories.

Signatories

Author:

Jinty MacTavish - Principal Policy Advisor Sustainability

Rick Zwaan - Senior Policy Analyst, Zero Carbon

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

	Title	Page
⇩a	Dunedin Community Carbon Footprint 2022	62

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The Zero Carbon work programme promotes the social, economic and environmental

well-being of communities in the present and for the future, by facilitating a transition to a low

emissions economy.

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	☒	☐	☐

The Zero Carbon work programme directly contributes to the goals of the Economic

Development and Environment Strategies, with clear links to the 3 Waters Strategy, Spatial Plan and

Integrated Transport Strategy, Energy Plan 1.0, and the DCC’s Emissions Management and Reduction

Plan. Action to reduce emissions is also likely to have co-benefits that contribute to the goals of the

Social Wellbeing Strategy.

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 have effects

on Māori. A briefing for mana whenua representatives is a planned next step, further exploration of Treaty considerations and links with mana whenua values, during the city-wide emissions reduction plan development.

The Zero Carbon team is keeping connected with Corporate Policy/Māori Partnerships staff to ensure alignment with evolving DCC practice around Treaty considerations and mana whenua values.

Sustainability

Climate change mitigation/emissions reduction efforts are considered key to sustainability. ‘Climate

Action’ is one of the United Nation’s Sustainable Development Goals, reflecting the centrality of action on climate change to the achievement of sustainable development. 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.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The Zero Carbon work programme is funded through the 10 Year Plan.

Financial considerations

There are no financial considerations.

Significance

This report is considered of low significance in terms of the Council’s Significance and Engagement

Policy.

Engagement – external

As part of Zero Carbon work programme business-as-usual, the DCC engages with external parties on

an as-required basis. Current external engagement is primarily focussed on the development of a city-wide emissions reduction plan, but also includes Zero Carbon Alliance activity and engagement with suppliers regarding Zero Carbon Policy implementation.

Engagement - internal

As part of Zero Carbon work programme business-as-usual, the DCC engages extensively with teams across the organisation.

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.

Conflict of Interest

No conflict of interest has been identified.

Community Boards

Engagement with Community Boards is planned to help inform city-wide emissions reduction plan development in early 2023.

Council

31 January 2023

Local Elections - Submission to 2022 local elections inquiry

Department: Civic and Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks consideration and approval of a draft submission (Attachment A) to the Justice Committee’s Inquiry into the 2022 Local Elections.

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council Submission, with any amendments, to the Inquiry into the 2022 Local Elections

b) Authorises the Mayor or his delegate to speak to the submission at Select Committee hearings

c) Authorises the Chief Executive to make any minor editorial amendments to the submission

BACKGROUND

2 Following local elections, Government holds an inquiry into matters arising from the election. The inquiry investigates whether there are changes needed to law or administrative process.

3 The Justice Select Committee is seeking submissions from the public on its inquiry into the 2022 local elections.

4 The terms of reference for the inquiry include examining the law and administrative procedures for the conduct of the 2022 local elections, with particular reference to:

· Low voter turnout

· The provision of election services by private organisations, with particular reference to:

o Special voting

o Provision of ballot papers

o Complaint processes

o Accountability for local elections

o Postal voting (including security of ballots and whether postal voting is an effective method of receiving votes)

· The age of eligible voters (with reference to lowering the age of eligible voters to 16 years

5 The report of the 2019 local elections inquiry recommended, among other things, to the House of Representatives:

· The running of local elections be centralised and the responsibility of the Electoral Commission

· The Local Electoral Act 2001 be reviewed and aligned with parliamentary elections

· The Government consult with local authorities on what voting system should be used for all local elections

· The Government consider requiring a single organisation such as the Electoral Commission, investigate and resolve complaints about conduct in local elections.

6 The closing date for submissions is 14 February 2023

DISCUSSION

7 The DCC is responsible for the delivery of local elections in Ōtepoti Dunedin as per the Local Electoral Act 2002. The DCC did contract responsibilities out to Electionz.com and Datam. This is standard practice. 76 of 78 Councils engage private contractors for the delivery of election responsibilities. The DCC retained many responsibilities including promotional activity, the provision of special voting, the Deputy Electoral Officer Role, the provision of pop-up booths across Ōtepoti Dunedin during the electoral period and the provision of secure voting bins across the City.

8 The submission was informed by:

· the DCC’s experience facilitating the local elections in Ōtepoti Dunedin

· Taituarā’s draft submission

· the terms of reference of the inquiry

· previous DCC submissions.

9 The DCC submission highlights:

· Voter turnout and central Government working with local government to improve turnout

· The need for greater civics education to improve turnout and participation

· The DCC’s experience with private contractors

· The need for central and local government to work together if Parliament amended the Local Government Act 2002 to centralise functions of the central election.

· Technical changes that would provide cost saving and smoother process in the local election

OPTIONS

Option One – Recommended Option – Approve the draft submission to the Justice Select Committee to its inquiry into the 2022 Local Elections

10 Approve the draft Dunedin City Council Submission to the Justice Select Committee on its inquiry into the 2022 Local Election, subject to any amendment.

Advantages

· Enables the DCC to contribute to the conversation with Government about future responsibilities and roles in relation to running local elections.

· An opportunity to engage with Government about the process which enables democratic local decision making, in alignment with the purpose of local government as outlined in the Local Government Act 2002.

Disadvantages

· There are no identified disadvantages

Option Two – Do not approve the draft submission to the Justice Select Committee to its inquiry into the 2022 Local Elections

11 Do not approve the draft Dunedin City Council Submission to the Justice Select Committee on its inquiry into the 2022 Local Election.

Advantages

· There are no identified advantages

Disadvantages

· Missed opportunity for the DCC to contribute to the conversation with Government about future responsibilities and roles in relation to running local elections.

· Missed opportunity to engage with Government about the process which enables democratic local decision making, in alignment with the purpose of local government as outlined in the Local Government Act 2002.

NEXT STEPS

12 If the submission is approved staff will submit it, with any amendments, to the Clerk of the Justice Committee.

Signatories

Author:

Clare Sullivan - Deputy Electoral Officer

Gina Huakau - Corporate Policy Manager

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

	Title	Page
⇩a	DCC Submission to inquiry into 2022 local elections	120

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

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

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

Fit with strategic framework

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

This submission is in alignment with the DCC’s Dunedin’s Social Wellbeing Strategy and its strategic direction Connected People.

Māori Impact Statement

Māori have substantial interest in the outcomes of elections. However, Māori are overrepresented in the non-voting population and underrepresented in elected positions across New Zealand.

The Local Government Electoral Legislation Bill, outside of the scope of this inquiry, is instating a process that would aim to encourage equitable Māori representation in local government.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

This decision has been assessed as low under the Council’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

The submission was drafted by the Corporate Policy Team in consultation with the Deputy Electoral Officer.

Risks: Legal / Health and Safety etc.

No risks have been identified.

Conflict of Interest

No conflicts of interest have been identified.

Community Boards

The DCC submission is likely to be of interest to all Dunedin communities including those served by Community Boards.

Council

31 January 2023

Gambling Act 2003 - Submission on Performance-based Class 4 Licensing

Department: Civic and Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to the Department of Internal Affairs (DIA). The DIA is reviewing various aspects of the class 4 licensing system, which is included in the Gambling Act 2003, to make sure it remains fit for purpose. Class 4 gambling covers any activity that uses a gaming machine outside of a casino. Its operation may only be by an incorporated society and only to raise money for authorised purposes.

2 The changes are part of the Government’s steps towards better preventing and minimising gambling harm in Aotearoa New Zealand.

3 Submissions close on Tuesday 31 January 2023. The DCC has been granted an extension to the deadline until 7 February 2023, to give Council the opportunity to discuss the draft submission at this meeting.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, on “Performance-Based Class 4 Licensing”.

b) Authorises the Mayor or his delegate to speak to the submission at hearings.

c) Authorises the Chief Executive to make any minor editorial amendments to the submission.

BACKGROUND

4 The first step towards the government’s move to prevent and minimise gambling harm was the Reducing Pokies Harm initiative. The DCC submitted on this in April 2022.

5 The DCC’s Gambling and TAB Venue Policy took effect on the 14th of April 2021. The Policy meets DCC’s obligations under the Gambling Act 2003 and the Racing Industry Act 2020.

6 The DIA collects quarterly statistics on gambling venues across Territorial Authorities. As at 30 September 2022, Dunedin City had 27 venues operated by eight different societies. All venues were ‘non-club’ (e.g. a tavern), operating a total of 388 electronic gaming machines and 39 jackpot machines across the venues.

DISCUSSION

7 The Department of Internal Affairs is reviewing various aspects of the Class 4 licensing system, which is included in the Gambling Act 2003, to make sure it remains fit for purpose.

8 The aim of the review of the Class 4 licensing system is to move towards a performance-based system. The DIA seeks to give operators a greater chance to show where they are implementing good practice, and to have that recognised by the DIA as the regulator.

9 As part of this, the DIA is revisiting the potential to issue licences of up to three years in duration, rather than for one year.

10 Previously, the DIA briefly implemented a different three-year licence regime. That system proved to be too complex in operation for many prospective applicants, and to be administered effectively. The new proposals cover some of the same areas, but aim to be more practicable for all parties while still encouraging high standards of practice.

11 The DIA’s intention is not to create a separate application process for longer licences, but to add components relating to the proposed updates listed below. Applications will then be assessed which will help determine the length of licence that can be awarded.

12 Proposed updates to the licensing framework include:

· due diligence regarding key persons in each gambling operation

· greater transparency regarding individuals’ interests, and management of conflicts of interest

· assurance and evidence of how harm minimalization policies are being implemented in practice

· targeted assessments of operating costs in comparison to the returns made to authorised purposes

· grants processes and due diligence

· organisational governance.

13 The DCC submission supports the direction that the DIA is taking by strengthening the regulations to reduce harm caused by problem gambling.

14 The submission reiterates the DCC’s resolution to lobby for a more sustainable model of funding for community organisations to replace the reliance on gambling proceeds, which is an outcome of the review of the Gambling and TAB Venue Policy undertaken in 2021.

15 This submission is in alignment with Council’s Dunedin’s Social Wellbeing Strategy and its strategic directions of vibrant and cohesive communities, and safe and healthy people.

OPTIONS

Option One – Recommended Option

16 Approve the draft DCC submission to the DIA on the options, with any agreed amendments.

Advantages

· Opportunity to show support for the DIA’s efforts to reducing harm caused by problem gambling.

· Opportunity to publicly reiterate DCC’s policy and commitment to the wellbeing of the people of Dunedin.

Disadvantages

· There are no disadvantages identified for this option.

Option Two – Status Quo

17 Do not approve the DCC submission to DIA on the options.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to show the support for the DIA’s efforts to reducing harm caused by problem gambling.

· Missed opportunity to publicly reiterate DCC’s policy and commitment to the wellbeing of the people of Dunedin.

NEXT STEPS

18 If the Council approves the draft submission, it will be sent to the DIA for consideration.

19 Staff will follow the Government’s reform programme and provide an update to the DCC’s Executive Leadership Team about any further legislative proposals by the Government in the gambling system.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Gina Huakau - Corporate Policy Manager

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

Title

Page

⇩a

DCC Submission on proposals under development for Performance-based Class 4 Licensing

128

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The decision to submit enables action on behalf of communities and promotes the social and economic wellbeing of communities in the present and for the future.

Fit with strategic framework

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

This submission is in alignment with Council’s Dunedin’s Social Wellbeing Strategy and its strategic directions of vibrant and cohesive communities, and safe and healthy people. The Submission is also in alignment with the DCC’s Gambling and TAB Venue Policy.

Māori Impact Statement

Organisations representing Māori were part of the community engagement to develop the DCC’s Gambling and TAB Venue Policy. Harm from problem gambling disproportionately impacts Māori. Results from the Health Promotions Agency 2018 Health and Lifestyles Survey showed that 38% of Māori pokie players experienced gambling harm, whereas 12% of non-Māori pokie players experienced gambling harm. By reducing harm from problem gambling, the Crown are more effectively meeting their obligations under the Treaty of Waitangi. Article Two of the Treaty of Waitangi guarantees Māori authority over their taonga, including their hauora (health).

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for current levels of service and/or performance measures.

Financial considerations

There are no financial implications.

Significance

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

Engagement – external

Due to timeframes there has been no external engagement in the preparation of this submission.

Engagement - internal

The submission has been prepared by Corporate Policy in consultation with the Alcohol Drug Gambling Advisor.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

There are no implications for Community Boards.

Council

31 January 2023

Sale and Supply of Alcohol (Community Participation) - Submission on the Amendment Bill

Department: Civic and Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft Dunedin City Council (DCC) submission (Attachment A) to the Government’s Justice Committee on the Sale and Supply of Alcohol (Community Participation) Amendment Bill (the Bill). The Bill aims to improve communities' ability to influence alcohol regulation in their area by making targeted changes to the alcohol licensing process provided for in the Sale and Supply of Alcohol Act 2012.

2 The Bill will remove the ability to appeal Local Alcohol Policies (LAPs), and make changes to the public’s ability to object to a new or renewed license application and how objectors can make their case at a licensing hearing.

3 Submissions close on 12 February 2023.

RECOMMENDATIONS

That the Council:

a) Approves the DCC submission, with any amendments, on the “Sale and Supply of Alcohol (Community Participation) Amendment Bill.

b) Authorises the Mayor or his delegate to speak to the submission at hearings.

c) Authorises the Chief Executive to make any minor editorial amendments to the submission.

BACKGROUND

4 The DCC has had a Local Alcohol Policy (LAP) in place since February 2019, which was developed after engagement with communities and businesses. A review has been scheduled for 2024, to reflect any changes from this new legislation.

5 The Dunedin LAP seeks to balance the statutory requirements and object of the Sale and Supply of Alcohol Act (the Act), while meeting the reasonable needs of residents and businesses, and the city’s desire to support vibrant, sustainable and resilient communities.

6 The LAP and the Act inform the DCC’s approach to alcohol licensing, which is overseen by the District Licensing Committee (DLC).

7 Membership of the DLC currently comprises of two Commissioners, a Deputy Chairperson, and four Community members. Two of the DLC members are Councillors.

8 In its LAP, the DCC notes the local context and the challenges arising from its unique geography and its demographics, including:

· a compact urban core with a high proportion of licensed premises clustered around the Octagon

· as the second largest city by land area in Aotearoa New Zealand, licensed premises serve an important social function in smaller suburban and rural centres

· as a tertiary education hub, there are proportionately more 15-24 year olds, many arriving in Dunedin when they reach the legal age to purchase alcohol (18 years)

· student accommodation is clustered in the North Dunedin area, housing young people at the age when they want to socialise with others, and with student parties also attracting non-students to the area.

9 The Ministry of Health’s key results from the 2020/21 New Zealand Health Survey show that hazardous drinking is highest among 18 to 24 year-olds who drink alcohol, with 34.9% deemed as hazardous drinkers. Hazardous drinking is defined by Alcohol Healthwatch as ‘an established alcohol drinking pattern that carries a risk of harming the drinker’s physical or mental health, or having harmful social effects on the drinker or others”. Since 2018, hazardous drinking has increased among 15 to 17 year-olds from 6.7% to 11.8%.

DISCUSSION

10 The Bill seeks to address discrepancies between how businesses are able to influence LAPs in comparison with communities. Businesses, such as supermarkets and bottle stores, will still be able to influence LAPs in the same way that any other persons or groups can, through the Council’s consultation process.

11 In response to stakeholder feedback that the hearings process could be intimidating or leave objectors feeling harassed when under cross-examination by applicants’ legal representatives, the Bill removes the ability to cross-examine at licensing committee hearings.

12 The Bill also includes changes that require licensing committees to establish appropriate procedures to avoid unnecessary familiarity, and do not permit parties or their representatives to question other parties or witness of other parties.

13 To increase accessibility to licensing committee hearings, the Bill makes changes to allow part or all of hearings of a matter to be conducted by telephone, audiovisual link, or other remote access. This is in response to barriers being identified in allowing individuals or community representatives to participate in meetings, such as childcare commitments or having to take time off work to attend.

14 The Bill recognises the discrepancies in outcomes between communities and businesses when lodging objections to licenses, and the domination of the licensing process by businesses with vested interests in the outcome. Sections of the existing Sale and Supply of Alcohol Act 2012 relating to the objection of granting or renewing a license will be replaced so that:

· any person may object (as an individual or group representative)

· a person who is a trade competitor of the applicant may only object only if they are directly affected by the application in a way that does not relate to trade competition or its effects.

12 The DCC submission notes that there is no reference to the Treaty of Waitangi in the Bill, and that Māori are disproportionately impacted by alcohol harm. Article Two of the Treaty of Waitangi guarantees Māori authority over their taonga, including their hauora (health). The DCC submission urges that the Treaty of Waitangi be included in any revised legislation.

OPTIONS

Option One – Recommended Option

15 Approve the draft DCC submission to the Justice Committee on the options, with any agreed amendments.

Advantages

· Opportunity to participate in the decision making process around alcohol regulation.

· Opportunity to demonstrate the importance of community engagement in the alcohol regulation process.

· Opportunity to demonstrate DCC’s commitment to the wellbeing of the people of Dunedin.

Disadvantages

· There are no disadvantages identified for this option.

Option Two – Status Quo

16 Do not approve the draft submission

Advantages

· There are no advantages identified for this option.

Disadvantages

· Missed opportunity to participate in the decision making process around alcohol regulation.

· Missed opportunity to demonstrate the importance of community engagement in the alcohol regulation process.

· Missed opportunity to demonstrate DCC’s commitment to the wellbeing of the people of Dunedin.

NEXT STEPS

17 If Council approves the draft submission, it will be sent to the Justice Committee for consideration

18 DCC staff will follow the Government’s reform programme and provide an update to the DCC’s Executive Leadership Team about any further legislative proposals by the Government to the sale and supply of alcohol.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Gina Huakau - Corporate Policy Manager

Authoriser:

Jeanette Wikaira - Manahautū (General Manager Māori Partnerships and Policy

Attachments

	Title	Page
⇩a	DCC Submission on Sale and Supply of Alcohol (Community Participation) Amendment Bill	136

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

The decision to submit enables action on behalf of communities and promotes the social and economic wellbeing of communities in the present and for the future.

Fit with strategic framework

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

This submission is in alignment with the DCC’s Dunedin’s Social Wellbeing Strategy and its strategic directions of vibrant and cohesive communities, and safe and healthy people. The Submission is also in alignment with the DCC’s provisional Local Alcohol Policy.

Māori Impact Statement

The Ministry of Health’s key results from the 2020/21 New Zealand Health Survey show that the proportion of Māori who drink is roughly the same as the general population. Of people who drank alcohol in that period, 50% of Māori men, and 32% of Māori women reported drinking hazardously, compared with 34% of European men and 16% of European women. By reducing harm from alcohol, the Crown are more effectively meeting their obligations under the Treaty of Waitangi. Article Two of the Treaty of Waitangi guarantees Māori authority over their taonga, including their hauora (health).

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for current levels of service and/or performance measures.

Financial considerations

There are no financial implications

Significance

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

Engagement – external

Due to timeframes there has been no external engagement in the preparation of this submission.

Engagement - internal

The submission has been prepared by Corporate Policy in consultation with the Alcohol Drug Gambling Advisor.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

There are no implications for Community Boards.

[1] Total gross emissions refers to all emissions put into the atmosphere and doesn’t include emissions removed from the atmosphere from forestry (known as sequestration). Total net emissions refers to total gross emissions less emissions removed from the atmosphere. Total gross/net emissions excluding biogenic methane refers to all emissions less biogenic methane emissions (in line with the net zero carbon by 2030 goal).

[2] As is standard practice, emissions are expressed on a tonnes of carbon dioxide-equivalent basis (tCO2e), including climate change feedback using the 100-year Global Warming Potential (GWP) values. Climate change feedbacks are the climate change impacts from GHGs that are increased as the climate changes. For example, once the Earth begins to warm, it triggers other processes on the surface and in the atmosphere. Current climate change feedback guidance is essential to estimate the long-term impacts of GHGs.

	Title	Page
⇩a	Summary Financial Information	141
⇩b	Statement of Financial Performance	142
⇩c	Statement of Financial Position	143
⇩d	Statement of Cashflows	144
⇩e	Capital Expenditure Summary	145
⇩f	Summary of Operating Variances	146
⇩g	Financial Review	147

	Title	Page
A ⇩	Minutes of Ordinary Council meeting held on 13 December 2022	17

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Sharon Bodeker - Acting Manager Governance

Author:	Sharon Bodeker - Manager Governance
Authoriser:	Sandy Graham - Chief Executive Officer