Council 30 April 2024

 

Reports

 

Actions From Resolutions of Council Meetings

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to show progress on implementing resolutions made at Council meetings. 

2          As this report is an administrative report only, there are no options or Summary of Considerations.

 

RECOMMENDATIONS That the Council:   a)         Notes the Open and Completed Actions from resolutions of Council meetings as attached.

 

discussion

3          This report also provides an update on resolutions that have been actioned and completed since the last Council meeting.  Note that items on the Forward Work Programme are not included in the attached schedules.

NEXT STEPS

4          Updates will be provided at future Council meetings.

 

Signatories

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Clare Sullivan - Manager Governance

Attachments

	Title	Page
⇩a	Council Open Action List	27
⇩b	Council Closed Action List	31

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Forward Work Programme for Council - April 2024

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          The purpose of this report is to provide the updated forward work programme for the 2023-2024 year (Attachment A). 

2          As this is an administrative report only, there are no options or Summary of Considerations.

RECOMMENDATIONS That the Council: a)     Notes the updated Council forward work programme as shown in Attachment A.

 

DISCUSSION

3          The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work. 

4          As an update report, the purple highlight shows changes to timeframes.  New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold. 

NEXT STEPS

5          An updated report will be presented to future Council meetings.

 

Signatories

Author:	Lynne Adamson - Governance Support Officer
Authoriser:	Clare Sullivan - Manager Governance

Attachments

	Title	Page
⇩a	Council Forward Work Programme	35

 

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Feedback for Draft Statements of Intent 2024/25

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          The draft 2024/25 Statements of Intent (draft Statements) of the Dunedin City Holdings Ltd (DCHL) Group companies were presented to the 27 March 2024 Council meeting. 

2          At that meeting, Councillors were invited to provide feedback on the draft Statements. 

3          A Councillor workshop held on 16 April 2024 to discuss feedback received.  This report provides a summary of elected member feedback for consideration.  Approved feedback will be provided to DCHL for its consideration in preparing the final Statements of Intent.

 

RECOMMENDATIONS

That the Council:

a)         Approves the feedback received on the draft Statements of Intent.

b)        Notes that the approved feedback will be provided to Dunedin City Holdings Limited for its consideration in preparing the final Statements of Intent. 

 

BACKGROUND

4          Draft Statements were presented to Council at its meeting on 27 March 2024.  Councillors were invited to provide feedback on the draft Statements.

5          Schedule 8 of the Local Government Act 2002 sets out the requirements and time frames for preparing and finalising Statements of Intent.  Feedback on draft Statements must be provided to DCHL by 1 May 2024, and final Statements must be delivered to Council before 1 July 2024. 

DISCUSSION

6          The feedback received by elected members on the draft Statements is presented below.

7          The initial feedback received was informally discussed at a public workshop held on 16 April 2024.  The Chair and General Manager of DCHL attended the workshop.

8          The following feedback has been provided for consideration by Council.  Approved feedback will be provided to DCHL for inclusion the group companies Statements of Intent.

City Forest Ltd

9          The City Forest’s Statement of Intent to include providing for a consistent and sustainable commercial dividend over time. 

Dunedin Railways Ltd

10        At its meeting on 12 March 2024, Council deferred its decision on the future of Dunedin Railways to the 9 year plan 2025 -34.  It also resolved to direct DCHL to continue to fund up to $2.0 million per annum for maintaining and operating Dunedin Railways Ltd, using the KiwiRail line and Taieri Gorge line to Hindon until 30 June 2025.

11        Considering the timeframe that Dunedin Railways Ltd is working to, DCHL will be asked to provide clear Key Performance Indicators (KPI’s) for Dunedin Railways Ltd for the 12-month period to 30 June 2025.  KPI’s could include marketing, health and safety, types of services provided, and pricing. 

Dunedin Venues Management Ltd (DVML)

12        The Statement of Intent for DVML to include:

·    DVML and the venues it controls or manages are Single Use Cup free by the end of 2025.

·    KPI’s on events to be held at the Forsyth Barr Stadium.

Dunedin Airport Ltd

13        The Dunedin Airport Ltd Statement of Intent to include work on future options for domestic route development and short haul trips, including the possible use of smaller aircraft. 

OPTIONS

14        There are no options. 

NEXT STEPS

15        Feedback approved by Council will be provided to DCHL.

16        Final Statements of Intent will be presented to the 25 June 2024 Council meeting. 

Signatories

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

Attachments

There are no attachments for this report.

 

 

SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities, and promotes the social, economic, environmental, and cultural well-being of communities in the present and for the future.
Fit with strategic framework   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 ☐ ☐ ✔   Draft Statements of Intent take into account Council’s Strategic Framework and Council’s Letter of Expectation to DCHL.
Māori Impact Statement There has been no engagement with Māori on the Draft Statements of Intent.
Sustainability   There are no known implications for sustainability.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The financial forecasts within the DCHL draft Statement of Intent shows annual levels of interest ($5.9m) and dividend ($11.0m) payable to DCC that are consistent with the DCC Draft 2024/25 Annual Plan.
Financial considerations As above.  Financial projections in the draft Statements will be updated prior to their finalisation.
Significance This decision is considered to be low in terms of the Council’s Significance and Engagement Policy.
Engagement – external There has been no external engagement outside of the DCHL Group.
Engagement - internal Feedback provided by Councillors is the subject of this report.
Risks: Legal / Health and Safety etc. There are no identified risks.
Conflict of Interest There are no known conflicts of interest.
Community Boards There are no known implications for Community Boards.

 

 

Council 30 April 2024

 

 

Submission on the Otago Regional Council's Draft Long Term Plan 2024-34

Department: Corporate Policy

 

 

 

EXECUTIVE SUMMARY

1      This report seeks Council approval of a draft Dunedin City Council (DCC) submission to the Otago Regional Council (ORC) on “A Stronger Future for Otago”, the ORC’s Draft Long-Term Plan 2024-34 (the draft Plan). The DCC’s draft submission (the submission) is attached as Attachment A. A copy of the ORC’s draft Plan is attached as Attachment B.

 

2      The draft DCC submission addresses key aspects of the draft Plan which have particular relevance for Dunedin, its ratepayers and residents, such as public transport. It notes wider areas of the ORC’s work in which the DCC is a stakeholder (eg, regional leadership).

3      The closing date for submissions was Sunday 28 April 2024. The ORC has acknowledged the intended delivery of the DCC’s submission, following the discussion by Council at its 30 April meeting.

 

RECOMMENDATIONS

That the Council:

a)         Approves the draft Dunedin City Council submission, with any amendments, on the Otago Regional Council’s Draft Long Term Plan 2024-34

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

c)         Authorises the Mayor or delegate to speak to the submission at any hearings.

 

BACKGROUND

4      The ORC sought public feedback on the draft Plan by Sunday 28 April 2024. The ORC has acknowledged the intended delivery of the DCC’s submission, following the discussion by Council at its 30 April meeting.

5      The draft Plan identifies key work programmes for the next 10 years and provides information about what the proposed work will cost, how it would be funded and the impact on rates.

6      The draft Plan sets out the following three main proposals to achieve strong and resilient communities, partnering with mana whenua, protecting our environment, addressing climate change and providing public transport.

1)    Investing in the Environment

2)    Investing in Public transport

3)    Changing the Rating System

 

DISCUSSION

7      The draft DCC submission was prepared with input from Corporate Policy, City Development, 3 Waters, South Dunedin Future, Transport and Zero Carbon teams.

8      Feedback from Councillors has been incorporated in the draft submission.

 

9      The draft submission speaks to the three proposals, as outlined in the draft Plan, along with related topics included in the consultation document.

 

Investing in the Environment

10   The ORC’s preferred option presented under this proposal is to establish a dedicated fund to support large-scale environmental projects, with a minimum of $500,000 in funding starting in 2025-26. This would be funded by a targeted rate for each of the five districts in Otago. If a targeted rate was used, the funds collected in each district would be used there. The ORC would also seek further investment from third parties over and above rates funding.

 

11   The alternative option presented in this proposal is an Otago-wide general rate and the money spent where there is the greatest need and benefit across all Otago. The funding would support projects that benefit Otago’s environment, such as protection and restoration of water catchments, land or threatened ecosystems.

 

12   Any new fund would be on top of ORC’s existing environmental project funding.

 

DCC response to the Investing in the Environment Proposal

 

13   In its draft submission, the DCC:

 

 

·    welcomes the ORC’s intention to establish a dedicated fund to support large-scale environmental projects, with a minimum of $500,000 in funding starting in 2025-26

·    supports the proposed option that would see a targeted rate for each of the five districts in Otago, with the funds collected in each district being used in that district

·    supports the ORC’s intention to seek further investment from third parties over and above rates funding for environmental projects.

14   In addition, the DCC expresses support the ORC’s approach to partnering with mana whenua and the community to manage water.

 

15   The DCC submission notes that the ORC is developing a Land and Water Regional Plan, an updated Regional Air Quality Strategy, and a new Regional Biodiversity Strategy.

 

Investing in Public Transport

 

16   The ORC is proposing to spend an additional $315 on public transport over the next 10 years.

 

17   The preferred option presented is for extra services on popular routes and electric buses: longer running hours and more frequent buses for bus services to Pine Hill, Calton Hill, Ōpoho and Shiel Hill; continuing work to replace the diesel bus fleet with electric buses; all buses to be electric by 2035.

 

18   The alternative option presented is for no change; the fleet upgrade to electric buses would continue, but timetables would remain the same and there would be no additional services.

 

19   The preferred option presented in the draft Plan is contingent on funding from New Zealand Transport Agency Waka Kotahi (Waka Kotahi) yet to be confirmed, or another funder yet to be sourced.

 

DCC response to the Investing in Public Transport Proposal

 

20   The DCC submission: supports the ORC’s proposal to increase public transport funding over the next 10 years, including:

·    $289 million to keep running the same services and upgrade the bus fleet to electric  

·    an additional $26 million to make to increase operating hours and more frequent services for some routes (including (Pine Hill, Calton Hill, Ōpoho and Shiel Hill)

·    the inclusion of expenditure in the draft Plan to support district councils and communities to explore local public transport service trials, including a trial bus service from Balclutha to Dunedin (including Airport).

21   The DCC submission requests more detail on how public transport services in Dunedin will be funded through the existing mix of fares and rates, as suggested in the draft Plan.

 

22   The DCC submission notes that the proposed increased services will require further investment from Waka Kotahi, which is yet to be confirmed.

 

23   Similarly, projects included in the Otago Regional Land Transport and Regional Passenger Transport Plans are dependent on co-funding from Waka Kotahi, along with local councils. The DCC submission notes that these Plans are scheduled for review in 2024.

 

24   The DCC submission advocates for the ORC to work closely with local authorities on the development of the Regional Passenger Transport Plan.

 

25   The DCC welcomes information about the ORC’s ongoing plans for the loop bus.

 

Changing the Rating System

 

26   This section of the draft Plan includes proposed changes to rates to fund public transport; flood protection, drainage, and river management; catchment management, navigational safety, and wilding pines.

 

27   Changes to the ORC rating system have been made in association with its revised Revenue and Finance Policy.

 

DCC response to the Changing the Rating System Proposal

 

28   The DCC submission states that it supports the proposed changes to the ORC rating system, in principle, particularly when the changes simplifying the funding process, increase transparency around rates spending, and directly reflect who benefits from the funding.

 

Public transport

29   The DCC supports the introduction of a new 20% general rate funding allocation for public transport across Otago, and that the remaining 80% is funded through a uniform targeted rate across the districts where public transport services operate.

Flood protection, drainage and river management

30   The DCC supports making the general rate allocations 20% for all flood protection and 10% for all drainage.

 

31   27   The DCC is supportive of the new rate allocations on the understanding that, as outlined in the draft Plan, the amount of targeted rates in each scheme remains the same and only those currently paying the rates would be impacted.

 

32   The DCC requests that flood protection for East Taieri and the Airport are included in the draft Plan.

 

33   The DCC requests that the Plan includes an assurance that flood protection for West Taieri and Silverstream is maintained to capacity.

Catchment management

34   The DCC supports the introduction of a catchment management rate to fund protecting indigenous species, biodiversity and water quality work.

Navigational safety

35   The DCC supports the introduction of a new navigational safety rate to fund harbour and navigational safety activity in those areas of the region where it is applicable.

 

Wilding pines

36   The DCC supports the proposal that the separate wilding tree rate be discontinued, and that the amount budgeted for supporting wilding pine groups ($250,000) be incorporated into one rate for biodiversity.

 

37   The DCC requests further information on how funding for wilding pines will be administered under the new rating system, and its ongoing management at an operational level.

 

38   The DCC requests that the wilding pines in East Otago be included in the draft Plan.

 

“Must-do work” included in the draft Plan

39   The DCC submission also includes responses to other activity areas in the draft Plan, characterised by the ORC as ”must-do work”. It expresses support for new ORC initiatives, including:

 

·    Climate change & resilience: additional funding for climate change action, such as the implementation of natural hazards management and adaptation programmes based on the Otago Natural Hazard Risk Assessment, and the intention of the ORC to integrate the warning system for critical civil defence and emergency management messaging.

·    The DCC requests that its coastal communities, such as Long Beach, Osborne, and Aramoana, be included in planning and action to address climate change risk.

·    Regional leadership: delivery of National Policy Statements on Urban Development statutory requirements with the DCC and Queenstown Lakes District Council; reviewing its Climate Change Risk Assessment and providing information to the community about this work; increasing regional meetings to 3-4 per year and providing additional full-time equivalent staffing to support decision-making.

·    Infrastructure strategy: the introduction of the ORC’s Draft Infrastructure Strategy 2024-2054 to manage flood protection and drainage infrastructure over the next 30 years, and its proposal to increase spending to maintain and renew key infrastructure assets, estimated at $315 million over the 30 years, with $67million of this in the first 10 years.

 

OPTIONS

 

Option One – Recommended Option – Approve the draft submission to the Otago Regional Council on its Draft Long Term Plan 2024-34

 

40   Approve the draft DCC submission, with any amendments, to the ORC on its Draft Long-Term Plan 2024-34.

 

Advantages

·    Opportunity to engage on and provide input into the ORC’s Draft Long-Term Plan 2024-34.

·    Opportunity to influence and engage on funding provided and activities undertaken by the ORC in Dunedin and the wider Otago region.

Disadvantages

·    There are no identified disadvantages.

Option Two – Do not approve the draft submission to the Otago Regional Council on its Draft Long Term Plan 2024-34

41   Do not approve the draft DCC submission to the ORC on its Draft Long-Term Plan 2024-34.

 

Advantages

·    There are no identified advantages.

Disadvantages

·    Missed opportunity to engage and provide input into the ORC’s Draft Long-Term Plan 2024-34.

·    Missed opportunity to influence and engage on funding provided and activities undertaken by the ORC in Dunedin and the wider Otago region.

NEXT STEPS

If Council approves the submission, with any amendments, DCC staff will submit it to the ORC.

Signatories

Author:	Danielle Tolson - Policy Analyst Junichi Sugishita - Senior Policy Analyst
Authoriser:	Gina Hu'akau - Corporate Policy Manager Nicola Morand - Manahautū (General Manager Māori Partnerships and Policy)

Attachments

	Title	Page
⇩a	A. DCC submission on the Otago Regional Council Long Term Plan 2024-34	53
⇩b	B. Consultation document: Otago Regional Council Long Term Plan 2024-34	58

 

 

SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government This decision promotes the social, economic, and environmental well-being of communities in the present and for the future.
Fit with strategic framework   Contributes Detracts Not applicable Social Wellbeing Strategy ☒ ☐ ☐ Economic Development Strategy ☒ ☐ ☐ Environment Strategy ☒ ☐ ☐ Arts and Culture Strategy ☐ ☐ ☒ 3 Waters Strategy ☒ ☐ ☐ Spatial Plan ☒ ☐ ☐ Integrated Transport Strategy ☒ ☐ ☐ Parks and Recreation Strategy ☐ ☐ ☒ Other strategic projects/policies/plans ☒ ☐ ☐ The content of and proposed approach to the ORC’s draft Plan also aligns with the DCC’s Te Taki Haruru – Māori Strategic Framework and Zero Carbon Policy.
Māori Impact Statement The DCC has a Treaty of Waitangi commitment to working in partnership to provide opportunities for Māori to contribute to decision-making processes and to have an active role through Te Taki Haruru – Māori Strategic Framework. The DCC’s submission notes its support for the ORC’s ongoing partnership with mana whenua.
Sustainability The ORC’s draft Plan introduces long term proposals which will require good financial management, and risk and mitigations to be in place to be achieved.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There may be implications for the DCC’s Annual Plan 2024-25 and upcoming 9-year plan dependent on what activities are undertaken by the ORC as part of its Long-Term Plan implementation.
Financial considerations There may be financial implications for consideration in the DCC’s Annual Plan 2024-25 and upcoming 9-year plan dependent on what activities undertaken by the ORC as part of its Long-Term Plan implementation.
Significance This decision is considered low in terms of the Council’s Significance and Engagement Policy
Engagement – external Due to time constraints, there has been no external engagement on this submission.
Engagement - internal Corporate Policy developed the submission, which was circulated for comment to the City Development, 3 Waters, South Dunedin Future, Transport and Zero Carbon teams.
Risks: Legal / Health and Safety etc. There are no identified risks.
Conflict of Interest There is no identified conflict of interest.
Community Boards Some of the activities proposed in the ORC’s draft Plan occur in Community Board areas.

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Approval to Grant Electricity Easement to Aurora Energy Limited - Part Belford Street Recreation Reserve, Dunedin

Department: Parks and Recreation

 

 

 

EXECUTIVE SUMMARY

1          This report discusses an application by Aurora Energy Limited for the grant of an electricity easement over part of Belford Street Recreation Reserve in Dunedin.

2          The easement is to allow the installation of new electricity equipment and associated cabling and formalise the existing transformer occupation at 53A Belford Street, Dunedin which is part of Belford Street Recreation Reserve. The electricity transformer services the local community needs.

3          This report asks Council to make two decisions:

a)         Firstly, a decision as the owner of Belford Street Recreation Reserve to grant an easement; and

b)        Secondly, a decision to exercise the delegation given by the Minister of Conservation to Council.

 

RECOMMENDATIONS

That the Council:

a)         Grants, as owner of Belford Street Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of the associated equipment and cabling over part of the Belford Street Recreation Reserve, contained in Record of Title 1155260.

b)        Decides the criteria for exemption from public notification has been met.

c)         Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of the associated equipment and cabling over part of the Belford Street Recreation Reserve, contained in Record of Title 1155260.

BACKGROUND

4          Aurora has advised that the existing electricity transformer located at 53A Belford Street (shown in Attachments A and B), Dunedin being part of the Belford Street Recreation Reserve, is to be upgraded and supplemented with a new CFCF switch requiring a larger footprint within the reserve. 

5          The existing transformer is located in a street front corner of the Belford Street Recreation Reserve, where it creates minimal impact on the recreational use of the wider reserve. Installation of the new equipment will require an enlarged easement area of approximately 13 square metres (2.690m x 4.865m).  The proposed easement area and equipment layout within the site is shown on Attachment C.

6          Council staff have inspected the reserve and the proposed easement area and considered the possible effects of increasing the transformer site on the reserve.  It is agreed this is the best possible location within the reserve and the increase in the easement area will not unduly increase impacts on other reserve users, or affect reserve maintenance contractors.

7          Aurora confirms that it has had discussions with the closest neighbouring property owner at 55 Belford Street regarding the installation of the CFC switch. The property owner is the only potentially affected resident and has stated no objections to the addition of the proposed switch to the existing transformer site.

8          Aurora will asphalt around its equipment and remediate the surrounding grassed area while the Council Parks team will update and relocate a reserve sign which is presently affixed to the wooden boundary fence with 55 Belford Street.

DISCUSSION

Land Status

9          The Belford Street Recreation Reserve is owned by the Dunedin City Council subject to the provisions of the Reserves Act 1977. The land affected by this proposal is described as Lot 47 Deposited Plan 9146, contained in Record of Title 1155260. It is held for and appropriately managed as a recreation reserve subject to the Reserves Act 1977.

Council as the owner and as the administering body

10        The Council, in its capacity as owner of Belford Street Recreation Reserve, has the responsibility for ensuring compliance in terms of the Reserves Act 1977 and for considering the merits of the proposal to grant easements.

11        Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements over reserves. Section 48(1) specifically allows for electricity easements on reserves.

The Reserves Act 1977

12        Section 48 of the Reserves Act 1977 empowers the reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act 1991 and the consent of the Minister of Conservation.  The Minister of Conservation has delegated powers of consent to the Council, without limitation under instrument of delegation dated 12 June 2013. If resource consent is required, then Aurora will be responsible for meeting this requirement and this will be addressed in the Easement Agreement.

13        Section 48(2) requires public notification of the intention to grant an easement unless it can be demonstrated that:

(a)       Belford Street Recreation Reserve is owned by the Council and is not likely to be materially altered or permanently damaged; and

(b)       The rights of the public in respect of Belford Street Recreation Reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

14        Given that the existing transformer together with the CFCF switch will be installed at a location that will not impede public access to or enjoyment of the main part of Belford Street Recreation Reserve, the easement is not likely to materially alter or permanently damage Belford Street Recreation Reserve, and the rights of the public are not likely to be permanently affected by the establishment and lawful exercise of the easement. 

Reserves Management Plan

15        The Reserves Management Plan – General Policies document ("General Policies") covers all basic issues of the day-to-day administration of reserves in Dunedin. 

16        Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity as its primary purpose is public benefit. The policies also require the applicant to meet all costs associated with legalising and maintaining the easement.   

Merits of the proposed easement

17        Aurora advises that the upgraded transformer will provide greater reliability of energy supply for this neighbourhood. There will be a short section of cabling between the existing transformer and the switch which will be within the easement area. Any minor inconvenience during installation of the switch is outweighed by upgrading supply for the benefit of the community.

Standard Easement terms and conditions

18        The proposed key elements of this easement include:

Statute                                   Section 48 of the Reserves Act 1977

Grantee                                 Aurora Energy Limited

Reserve                                  Belford Street Recreation Reserve

Purpose                                 The right to install an electricity transformer and associated equipment and cabling

Term                                        In perpetuity

Rental                                     Nil

 

19        The terms and conditions of the easement are to be finalised by the Council's solicitors. As a first step, an Agreement to Grant an Easement will be prepared by Council's solicitors which will include the following conditions:

a)        Aurora will meet all costs associated with installation of an electricity transformer and associated equipment and cabling, as well as reserve remediation, and all survey, legal, LINZ and related costs to register the new easement;

b)        All physical works must be carried out in consultation with Council’s Parks and Recreation staff; and

c)         Aurora will be responsible for obtaining all necessary consents, including any resource consent.

20        An easement will be registered against Council’s title once the transformer has been installed and location surveyed.

Council as the Minister of Conservation’s delegate

21        The Council, in its capacity as the Minister of Conservation’s delegate, has the supervisory role in ensuring that the decision on whether or not to grant the easement over part of Belford Street Recreation Reserve has been arrived at in compliance with the requirements of the Reserves Act 1977.

22        In particular, the Council as the Minister’s delegate, needs to be satisfied that:

·        the status of the land has been correctly identified;

·        there is statutory power to grant the easement;

·        the necessary statutory processes have been followed;

·        the easement has been appropriately considered; and

·        the decision is a reasonable one.

23        This part of Belford Street Recreation Reserve is owned by Council in fee simple and is held and managed as a recreation reserve subject to the Reserves Act 1977.  This is recorded on Record of Title 1155260. Section 48 of the Reserves Act 1977 provides the statutory authority to grant an easement over this reserve.  The statutory processes have been followed with full consideration given to whether public notification is required.

24        The functions and purposes of Belford Street Recreation Reserve will not be unduly impacted by legalising the proposed electricity easement.  The decision is a reasonable one considering the facts outlined in this report.

OPTIONS

Option One – Recommended Option

25        That the Council:

a)         Grants, as owner of Belford Street Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of the associated equipment and cabling over part of Belford Street Recreation Reserve (Record of Title 1155260).

b)        Decides the criteria for exemption from public notification has been met.

c)         Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of associated equipment and cabling over part of Belford Street Recreation Reserve (Record of Title 1155260).

Advantages

·        The upgraded site and electricity equipment is required to provide greater reliability of energy supply capacity for this neighbourhood, for the benefit of the community.

·        The occupation of part of Belford Street Recreation Reserve by the existing transformer on site will be formalised by completing this easement.

·        The extent of work within the reserve is minimal and unlikely to affect park users.

·        Confirms that the Council has fully considered the merits of the proposed easements and has complied with the requirements of the Reserves Act 1977.

Disadvantages

·        The installation of the new CFCF switch next to the existing electricity transformer and establishment of the easement area including asphalt surfacing may cause some short duration disturbance to users. However, access to and use of the main area of Belford Street Recreation Reserve will not be restricted. 

Option Two – Status Quo

26        Do not consent to the grant of an electricity easement over part of the Belford Street Recreation Reserve in favour of Aurora Energy Limited.

Advantages

·        No advantages have been identified.

Disadvantages

·    Prevents the upgrade of the existing electricity transformer site and may impact energy supply capacity for this neighbourhood in the future.

NEXT STEPS

27        If the Council consents to the grant of an electricity easement, an Agreement to Grant Electricity Easement can be prepared for execution and physical work can proceed after that.

Signatories

Author:	Owen Graham - Senior Leasing and Land Advisor
Authoriser:	Heath Ellis - Acting Group Manager Parks and Recreation Jeanette Wikaira - General Manager Arts, Culture and Recreation

Attachments

	Title	Page
⇩a	Aerial photo_Proposed 53A Belford Street Aurora electricity installation site	117
⇩b	Photos of existing Aurora Energy transformer_53A Belford Street	118
⇩c	Plan of Aurora Energy proposed installation_ 53A Belford Street_Sept 2023	119

 

 

SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government This decision relates to providing local infrastructure to facilitate continuity of power supply for this part of the Waverley neighbourhood. This decision supports the economic and 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 upgrade of the electricity transformer site is a practical solution to providing for increased power demand in the locality and future proofing power supply.
Māori Impact Statement No known impacts for Māori.
Sustainability The upgraded electricity transformer site will provide greater energy supply reliability and capacity for the benefit of the community. This contributes to economic sustainability and social and physical well-being.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The installation of the new switch alongside the existing transformer is part of planned utility works required to support the needs of resident of Dunedin.
Financial considerations The installation of the new switch alongside the existing transformer is work Aurora Energy Limited will undertake at its own cost. Aurora Energy Limited will also meet all costs of survey and preparation and execution of the easement documentation. On-going maintenance/repair responsibility rests with Aurora Energy Limited.
Significance The decision has been assessed as being of low significance under Council’s Significance and Engagement Policy.
Engagement – external Aurora Energy Limited has advised that they have consulted with potentially affected residents near the location without any concerns being expressed.
Engagement - internal Parks and Recreation Senior Parks Operations and Planning Officers. The Council’s In-House Legal team has provided advice in relation to the Reserves Act 1977 requirements.
Risks: Legal / Health and Safety etc. There are no material risks associated with the decisions.
Conflict of Interest There are no known conflicts of interest.
Community Boards The easement area on part of Belford Street Recreation Reserve is not located within a Community Board area.

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Approval to Grant Electricity Easement to Aurora Energy Limited for its High Street No. 2 site: Part Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve

Department: Parks and Recreation

 

 

 

EXECUTIVE SUMMARY

1          This report discusses an application by Aurora Energy Limited for the grant of an electricity easement over part of Dunedin Town Belt Recreation Reserve and part of a Local Purpose (Site for Electrical Substation) Reserve known by Aurora Energy Limited as the ‘High Street No. 2 site’.

2          The easement is to formalise the existing transformer on the site and allow the installation of new electricity equipment and associated cabling. Both are located on a triangular portion of the Dunedin Town Belt located near the top of High Street where it meets Eglinton Road, Dunedin.

3          The existing electricity transformer services the local community needs and is located within land held by Council as Local Purpose (Site for Electrical Substation) Reserve. The new electricity equipment and surrounding area will extend slightly beyond that reserve, onto adjacent Dunedin Town Belt Recreation Reserve. Both reserves are subject to the Reserves Act 1977.

4          This report asks Council to make two decisions:

a)         Firstly, a decision as the owner of both the Dunedin Town Belt Recreation Reserve and the Local Purpose (Site for Electrical Substation) Reserve to grant an easement; and

b)        Secondly, a decision to exercise the delegation given by the Minister of Conservation to Council.

 

RECOMMENDATIONS

That the Council:

a)         Grants, as owner of Dunedin Town Belt Recreation Reserve and the Local Purpose (Site for Electrical Substation) Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of associated equipment and cabling over part of the Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve, both contained in Record of Title OT19C/115.

b)        Decides the criteria for exemption from public notification has been met.

c)         Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of associated equipment and cabling over part of the Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve, both contained in Record of Title OT19C/115.

BACKGROUND

5          Aurora Energy Limited has advised that its existing ‘High Street No. 2’ electricity transformer located adjacent to High Street, Dunedin is to be upgraded and supplemented with a new CFCF switch. This will require a larger occupation area for the equipment once installation is completed.  The existing transformer, shown in Attachments A and B, is located on land that has been classified as Local Purpose (Site for Electrical Substation) Reserve since 1981.

6          The existing transformer is located discretely, partially obscured below street level on a triangular area with mature trees. This small area of reserve is bordered on three sides by legal roads (High Street, Eglinton Road and Queens Drive). The transformer has little impact on the minimal recreational value of this land. The installation of the new equipment and expansion of the easement area is also unlikely to have any impact on the land’s recreational value.

7          The proposed easement area and equipment layout for the upgraded High Street No. 2 transformer and switch site is on both the Local Purpose (Site for Electrical Substation) Reserve (outlined in red) and the Dunedin Town Belt Recreation Reserve (circled blue), as shown on Attachment C.

8          Council staff have inspected the reserves and the proposed easement area and considered the possible effects of increasing the extent of the transformer and switch site over the reserves. The siting is considered the best possible location within the reserves. The increase in the easement area to allow for new equipment is unlikely to materially increase impacts on the reserve values, management or other reserve users.

9          Aurora Energy Limited will asphalt around its equipment and remediate the reserve surrounding the installations to the satisfaction of Council Parks and Recreation Services.

DISCUSSION

Land Status

10        The Dunedin Town Belt Recreation Reserve is owned by Dunedin City Council subject to the provisions of the Reserves Act 1977. The land affected by this proposal is described as part Town Belt, Town of Dunedin held in trust for the purpose of Public Recreation and contained in Record of Title OT19C/115.

11        Section 1 Town Belt of Dunedin is held by Dunedin City Council as Local Purpose (Site for Electrical Substation) Reserve subject to the Reserves Act 1977 by Gazette Notice 567665 dated 19 November 1981, page 3230. It is part of the land contained in Record of Title OT19C/115.

Council as the owner and as the administering body

12        The Council, in its capacity as owner of Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve, has the responsibility for ensuring compliance in terms of the Reserves Act 1977 and for considering the merits of the proposal to grant an easement. 

13        Section 48 of the Reserves Act 1977 ("Section 48") is the statutory authority for the grant of easements over reserves. Section 48(1) specifically allows for electricity easements on reserves, while acknowledging that part of the land is held for electrical substation purposes already.

The Reserves Act 1977

14        Section 48 of the Reserves Act 1977 empowers the reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act 1991 and the consent of the Minister of Conservation.  The Minister of Conservation has delegated powers of consent to the Council, without limitation under instrument of delegation dated 12 June 2013. If resource consent is required, then Aurora Energy Limited will be responsible for meeting this requirement and this will be addressed in the Easement Agreement.

15        Section 48(2) requires public notification of the intention to grant an easement unless it can be demonstrated that:

(a)       The Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve are owned by the Council and are not likely to be materially altered or permanently damaged; and

(b)       The rights of the public in respect of Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.

16        Given that the existing transformer on site, together with the new CFCF switch will be on Local Purpose Reserve that is already held specifically for electrical substation purposes and the installation of such equipment will not impede public access to or enjoyment of the main part of Dunedin Town Belt Recreation Reserve, the easement is not likely to materially alter or permanently damage the reserves, and the rights of the public are not likely to be permanently affected by the establishment and lawful exercise of the easement. 

Reserves Management Plan

17        There is a Dunedin Town Belt Management Plan dated January 2007. While this acknowledges network utility operators may from time to time seek use of Town Belt reserves for facilities and structures, this Plan defers to the Reserves Management Plan – General Policies dated March 2005 ‘Occupation Agreements’ and ‘Network Utility Operators’ sections.

18        The Reserves Management Plan – General Policies document ("General Policies") covers all basic issues of the day-to-day administration of reserves in Dunedin. The ‘Occupation Agreements’ and ‘Network Utility Operators’ sections provide guidance and Policy direction in this matter.

19        Although the General Policies specify that easements should be for a limited term, in this instance Council Officers recommend that the easement be granted in perpetuity as its primary purpose is public benefit. The policies also require the applicant to meet all costs associated with legalising and maintaining the easement.   

Merits of the proposed easement

17        Aurora Energy Limited has advised that the upgraded transformer and new switch will provide greater reliability of energy supply for this neighbourhood. There will be a short section of connecting cabling between the existing transformer and the switch which will be within the easement area. Any minor inconvenience during the upgrade and installation of the switch is outweighed by the increased capacity and security of supply for the benefit of the community.

Standard Easement terms and conditions

18        The proposed key elements of this easement include:

Statute                                   Section 48 of the Reserves Act 1977

Grantee                                 Aurora Energy Limited

Reserve                                  Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve

Purpose                                 The right to install an electricity transformer and associated equipment and cabling

Term                                        In perpetuity

Rental                                     Nil

19        The terms and conditions of the easement are to be finalised by the Council's solicitors. As a first step, an Agreement to Grant an Easement will be prepared by Council's solicitors which will include the following conditions:

a)        Aurora Energy Limited will meet all costs associated with installation of an electricity transformer and associated equipment and cabling, as well as reserve remediation, and all survey, legal, LINZ and related costs to register the new easement;

b)        All physical works must be carried out in consultation with Council's Parks and Recreation staff; and

c)         Aurora Energy Limited will be responsible for obtaining all necessary consents, including any resource consent.

20        An easement will be registered against Council's title once the transformer has been installed and location surveyed.

Council as the Minister of Conservation's delegate

21        The Council, in its capacity as the Minister of Conservation's delegate, has the supervisory role in ensuring that the decision on whether or not to grant the easement over part of Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve has been arrived at in compliance with the requirements of the Reserves Act 1977.

22        In particular, the Council as the Minister's delegate, needs to be satisfied that:

·        the status of the land has been correctly identified;

·        there is statutory power to grant the easement;

·        the necessary statutory processes have been followed;

·        the easement has been appropriately considered; and

·        the decision is a reasonable one.

23        The land over which the easement is proposed is owned by the Dunedin City Council and part of Dunedin Town Belt Recreation Reserve held for public recreation and part of Local Purpose (Site for Electrical Substation) Reserve. Both are subject to the Reserves Act 1977 and are part of Record of Title OT19C/115. Section 48 of the Reserves Act 1977 provides the statutory authority to grant an easement over the reserves.  The statutory processes have been followed with full consideration given to whether public notification is required.

24        The functions and purposes of Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve will not be unduly impacted by creating the proposed electricity easement while the use is consistent with the purpose of the Local Purpose Reserve held for electrical substation purposes.  The decision is a reasonable one considering the facts outlined in this report.

OPTIONS

Option One – Recommended Option

 

25        That the Council:

a)         Grants, as owner of Dunedin Town Belt Recreation Reserve and Local Purpose (Site for Electrical Substation) Reserve, pursuant to Section 48 of the Reserves Act 1977, an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of associated equipment and cabling over part of Dunedin Town Belt Recreation Reserve and the Local Purpose (Site for Electrical Substation) Reserve (Record of Title OT19C/115).

b)        Decides the criteria for exemption from public notification has been met.

c)         Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, approves an easement in gross to Aurora Energy Limited for the existing electricity transformer and installation of associated equipment and cabling over part of Dunedin Town Belt Recreation Reserve and the Local Purpose (Site for Electrical Substation) Reserve (Record of Title OT19C/115).

Advantages

·        The upgraded site and electricity equipment is essential to provide greater reliability of energy supply capacity for this neighbourhood and for the benefit of the wider community.

·        The occupation of part of the Local Purpose (Site for Electrical Substation) Reserve by the existing transformer on site will be formalised by completing this easement.

·        The extent of work and likely impacts within the reserves are considered to be minimal and unlikely to affect public use.

·        Confirms that the Council has fully considered the merits of the proposed easement and has complied with the requirements of the Reserves Act 1977.

Disadvantages

·        The installation of the new CFCF switch next to the existing electricity transformer and establishment of the easement area including asphalt surfacing may cause some short duration disturbance to users. However, access to and use of the main area of Dunedin Town Belt Recreation Reserve will not be restricted. 

Option Two – Status Quo

26        Do not consent to the grant of an electricity easement over part of the Dunedin Town Belt Recreation Reserve and the Local Purpose (Site for Electrical Substation) Reserve in favour of Aurora Energy Limited.

Advantages

·        No advantages have been identified.

Disadvantages

·    Prevents the upgrade to the existing electricity transformer site and may impact energy supply capacity for this neighbourhood in future.

NEXT STEPS

27        If the Council consents to the grant of an electricity easement, an Agreement to Grant Electricity Easement can be prepared for execution and physical work can proceed after that.

Signatories

Author:	Owen Graham - Senior Leasing and Land Advisor
Authoriser:	Heath Ellis - Acting Group Manager Parks and Recreation Jeanette Wikaira - General Manager Arts, Culture and Recreation

Attachments

	Title	Page
⇩a	Aerial photo & streetview showing location of Reserves & Aurora High Street No 2 site	129
⇩b	Aurora Energy Ltd High Street No. 2 transformer site	130
⇩c	Design Plans for construction at Aurora Energy High Street No. 2 site	131

 

 

SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government This decision relates to providing local infrastructure to facilitate continuity of power supply for this part of Dunedin City. This decision supports the economic and 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 upgrade of the electricity transformer site is a practical solution to providing for increased power demand in the locality and future proofing power supply.
Māori Impact Statement No known impacts for Māori.
Sustainability The upgraded electricity transformer site will provide greater energy supply reliability and capacity for the benefit of the community. This contributes to economic sustainability and social and physical well-being.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The installation of the new switch alongside the existing transformer is part of planned utility works needed to support the electricity needs of residents of Dunedin.
Financial considerations The installation of the new switch alongside the existing transformer is work Aurora Energy Limited will undertake at its own cost. Aurora Energy Limited will also meet all costs of survey and preparation and execution of the easement documentation. On-going maintenance/repair responsibility rests with Aurora Energy Limited.
Significance The decision has been assessed as being of low significance under Council’s Significance and Engagement Policy.
Engagement – external Aurora Energy Limited. This is a discrete area with no immediately affected residents near the works location.
Engagement - internal Parks and Recreation Senior Parks Operations Officer. The Council’s In-House Legal team has provided advice in relation to the Reserves Act 1977 requirements.
Risks: Legal / Health and Safety etc. There are no material risks associated with the decisions.
Conflict of Interest There are no known conflicts of interest.
Community Boards The easement area is not located within a Community Board area.

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Hearings Subcommittee Recommendation on Dunedin's Gambling and TAB Venue Policy Review

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          This report presents the Hearings Subcommittee’s (the “Subcommittee”) recommendation on the review of Dunedin’s Gambling and TAB Venue Policy.

2          The Subcommittee recommends the existing Policy remain unchanged except for a word change; earlier polices refer to ‘electronic gambling machines’, whereas the Gambling Act 2003 refers to ‘gaming machines’ (GM).

3          The Subcommittee also recommends a full review of the Gambling and TAB Venue Policy noting that submitters raised issues that were outside the scope of the current process.

RECOMMENDATIONS

That the Council:

a)         Notes that the Hearings Subcommittee heard and considered submissions on the Gambling and TAB Venue Policy

b)        Approves the amended Gambling and TAB Venue Policy as shown in Attachment A.  This includes the change to align the policy with the wording used in the Act.

c)         Considers a full review of the policy, noting the matters raised by the submitters.

BACKGROUND

Legislation

4          The Gambling Act 2003 (the Act) requires all territorial authorities to have a policy stating whether it would allow new class 4 gambling venues to be established within its district and, if so, where they may be situated.  A policy can also limit the number of gaming machines at these locations. The policy must be reviewed at least every three years.

5          Section 33 of the Act states that TAB NZ and racing clubs are to be treated as corporate societies for the purposes of a class 4 operators or venue licence.  They have been included in the Gambling and TAB Venue Policy.

6          The purpose of the Act is to:

a)    Control the growth of gambling.

b)    Prevent and minimise harm from gambling, including problem gambling.

c)    Authorise some gambling and prohibit the rest.

d)    Facilitate responsible gambling.

e)    Ensure the integrity and fairness of games.

f)     Limit opportunities for crime or dishonesty associated with gambling and the conduct of gambling.

g)    Ensure that money from gambling benefits the community.

h)    Facilitate community involvement in decisions about the provision of gambling.

7          The Gambling (Gambling Harm Reduction) Amendment Act 2013 requires territorial authorities to consider whether to include a ‘relocation policy’ which sets out if and when it will grant consent for a venue to relocate within its district.

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

9          While the DCC must have a Policy, the Department of Internal Affairs (DIA) is the licensing and regulatory authority and is responsible for granting or refusing gambling licences in accordance with the Policy.  If the Policy were allowed to lapse, this would be in breach of the Act.

Policy History

10        In 2004, the Council adopted a Gambling and TAB venue Policy that did not restrict the number of venues or gaming machines.  The number of venues and gaming machines declined.

Sinking Lid

11        In 2013, Council reviewed the Policy and adopted a policy referred to as “sinking lid” policy that limited the establishment of new class 4 venues, or increase the number of GM in class 4 venues.  Refer to Rule 1.2 in Attachment A in a defined area of South Dunedin and across the rest of the district.

12        In 2018, Council decided to extend the “sinking lid” policy across the whole district and included a clause relating he relocation of venues in exceptional circumstances.

13        In 2021, Council retained the “sinking lid” policy but clarified the circumstances which could lead to the relocation of a venue.

Community engagement

14        The special consultative procedure was used for the Policy review as required by the Act.  Formal consultation took place from 25 September to 25 October 2023.

15        The consultation process included information:

·    on the Dunedin City Council (DCC) website;

·    in the Otago Daily Times noticeboard;

·    targeted emails to stakeholders such as corporate societies that hold a class 4 venue licence;

·    organisations representing Māori, as required by the Act. 

16        Other stakeholders such as the:

·    Police;

·    health providers;

·    community trusts;

·    those that provide treatment;

·    support services for problem gamblers in Dunedin were also advised of the review and invited to submit.

DISCUSSION

Results of consultation

17        Seventeen submissions were received: 14 from organisations and three from individuals.

General support

18        The submission form asked: “Overall, do you agree with the Gambling and TAB Venue Policy?”

Options	Number	%
Yes – overall, agree with the policy	4	24%
No – overall, do not agree with the policy	13	76%
Total	17	100%

 

Support for options

19        The submission form asked: “Which option do you support in relation to the Gambling and TAB Venue Policy?”

Options	Number	%
Option 1 (status quo and preferred option): Retain the existing policy which has a “sinking lid” approach to the number of venues and gaming machines in Dunedin and does not allow relocation of venues unless in exceptional circumstances.	4	24%
Option 2: Do not limit the number of venues or gaming machines anywhere in Dunedin and grant consent for relocating gambling venues.  Limit where new gambling venues may be established.	8	47%
Option 3: Other, please specify	5	29%
Total	17	100%

20        Of the three options provided, (47%) supported Option 2, (not limiting the number of venues or gaming machines anywhere in Dunedin and granting consent for relocating gambling venues) 29% chose Option 3.  Of these, most submitters suggested capping the number of machines and broadening the relocation policy. 

General Comments

21        The submission form asked: “Do you have any other comments about the Gambling and TAB Venue Policy?”

Topics	Number
Loss of community funding	10
Cap the number of gaming machines (GMs)	5
Broaden the relocation policy	5
General	12

 

22        The most common topic was concern about the “sinking lid” policy and possible loss of community funding (10 submitters).  Some suggested a cap on the number of GMs and broadening the relocation policy (5 submitters) while others supported the policy as it reduces gambling related harm (3 submitters).

23        The Department of Internal Affairs monitors the amount of gambling spend and reports on it quarterly.  Since Dunedin’s first Gambling and TAB Venue Policy was introduced, there has been a decline in the numbers of class 4 gambling venues and GMs.  However, there hasn’t been a corresponding decline in the amount spent on those machines.  Therefore there has been no decrease in the amount of money available for community funding in the Dunedin district.

24        Hearings

25        Five submitters presented at the hearings. 

26        One spoke on behalf of the Problem Gambling Foundation Group, who wanted to see the retention of the “sinking lid” policy.  They also wanted the relocation clause removed because they believed it undermined the purpose of the “sinking lid” policy.

27        The four remaining presenters represented Hospitality NZ Otago, The Lion Foundation, Gaming Machine Association of New Zealand, and Southern Football.  They recommended the replacement of the current “sinking lid” policy with one that capped the number of venues and machines in the district at the current levels.  They noted there that there was no evidence that the “sinking lid” policy reduced the level of gambling.  They recommended a cap on venues and machine numbers to prevent increases in gambling.

28        Two submitters recommended the relocation policy be expanded to include the ability to relocate from high deprivation areas to areas with less deprivation or away from sensitive locations.  One submitter suggested a licensee should have the ability to move their venues to smaller, more modern premises.

29        Those seeking retention of the current policy, consider the “sinking lid” policy to be effective in minimising the gambling-related harm in Dunedin.  They would also like to see the removal of the ability to relocate, or, if it is to be retained, ensure the application to relocate undergoes a public consultation process.

30        Community groups expressed concerns about reducing community grants.  A lot of organisations rely on grants funding to provide community services.  They requested maintaining the level of community funding. 

Subcommittee observations

31        The Subcommittee is aware that on-line gambling is growing but it was an area outside the remit of Council. 

32        The Subcommittee formed the view that:

·    venues offering class 4 gambling were required to have in place ‘rules/policies’ for managing the people at the venues.  Staff at those venues got to know their customers over time which allowed them to better minimise the harm from gambling.

·    Gaming machines are a legitimate form of entertainment with a very small number of people with gambling-related issues.

·    Prohibition does not work but there is a need for protection in the poorer area of the district.  The Subcommittee was aware that a possible consequence of reducing numbers of machines and on-site venues was a shift towards on-line gambling platforms.

33        Many submitters preferred an option that placed a cap on the number of venues and gaming machines in the district.  The Subcommittee discussed the 2013 policy which had a “sinking lid” in a defined area of South Dunedin and a cap on venues and machines across the rest of the city.  Neither a cap across the city nor the previous 2013 policy were presented as options to the community therefore could not be considered further.

34        The Subcommittee noted that the amount of money spent on gaming machines was not related to the number of machines or venues in the district.  The spend fluctuated over time despite the number of venues and gaming machines slowly reducing.  There was no reason to believe the funding opportunities to community groups was reduced despite the number of venues and gaming machines declining.

OPTIONS

35        The Subcommittee considered the only option was the retention on the current policy with the word change to align the policy with the wording in the legislation.

36        The Subcommittee recommends Council considers a full review of the policy to consider the other points noted by submitters on this occasion.

NEXT STEPS

37        If Council accepts the Subcommittee’s recommendations of minor amendments to the policy,  the amended policy will be sent to the Secretary of Internal Affairs as required by the Act. 

38        If Council agrees to a full review of the policy, consultation will be undertaken.

Signatories

Author:	Bill Acklin - Chairperson, Hearings Committee
Authoriser:

Attachments

	Title	Page
⇩a	Draft Gambling and TAB Venue Policy	140
⇩b	Minutes from Submission Hearings and Deliberations	142

 

 

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 ☐ ☐ ✔   The policy looks at minimising gambling-related harm in the community by controlling class 4 gambling locations and numbers of gaming machines in those venues.
Māori Impact Statement It is a legal requirement to provide notice of the proposed policy to organisations representing Māori in the area and this was part of the engagement process.
Sustainability There are no specific implications for sustainability.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for these documents.
Financial considerations There are no financial considerations.
Significance This has low significance according to the Council’s Significance and Engagement Policy.
Engagement – external The policy review required the special consultative procedure including consultation with class 4 gambling licence holders as well as organisations representing Māori.  Engagement also included relevant social service and support agencies and was advertised in the ODT and on the Council website.
Engagement - internal Internal engagement took place with in-house legal counsel, and the communications team.
Risks: Legal / Health and Safety etc. If the policy were allowed to lapse, this would be in breach of the Act.
Conflict of Interest There is no conflict of interest.
Community Boards Community Boarders were advised of the policy review.

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Appointment to External Organisation

Department: Civic

 

 

 

EXECUTIVE SUMMARY

1          There are a number of organisations throughout the city which the Council is required or able to appoint representatives to.

2          A vacancy has arisen on the Taieri Airport Trust (the Trust) following the retirement of Mr John Bezett from the Trust who has been a member since 2004.

3          The purpose of this report is to recommend an appointment to the Trust.

4          As this is an administrative report, there are no options or summary of considerations presented.

 

RECOMMENDATIONS

That the Council:

a)         Appoints Cr Cherry Lucas to the Taieri Airport Trust effective from 30 April 2024.

b)        Records its thanks to Mr John Bezett for his service the Trust since 2004.

 

BACKGROUND

5          The Council has two representatives on the Trust.  The second appointment is the Chief Executive.

6          The primary object of the Trust is: 

·        The continuation, maintenance and advancement of Taieri Airport as a secondary airport in Dunedin for use by the Club and the aviation public.

NEXT STEPS

7          If approved, the Trust will be advised of the appointment.

Signatories

Author:	Clare Sullivan
Authoriser:	Leanne Mash - General Manager Business and Community Engagement

Attachments

There are no attachments for this report.

 

 

Council 30 April 2024

 

 

Proposed Event Road Closures - May 2024

Department: Transport

 

 

 

EXECUTIVE SUMMARY

1          The DCC has received temporary road closure applications relating to the following events:

a)         May Graduation Parades

b)        Motorsport Event -  Centre Road

c)         Motorsport Event - Patmos Avenue and Maxwellton Street

2          This report recommends that Council approves the temporary closure of the affected roads.

RECOMMENDATIONS

That the Council:

a)         Resolves to close the roads detailed below (pursuant to Section 319, Section 342, and Schedule 10 clause 11(e) of the Local Government Act 1974 (LGA 1974)):

i)     May Graduation Events

Parades to depart from Great King Street at 11.30am.

Saturday 11 May 2024 and Saturday 18 May 2024	11.00am to 11.30am	·      Great King Street, between Frederick Street and Albany Street
	11.10am to 11.45am (approx.)	·      Frederick Street, between Great King Street and George Street ·      George Street, between Frederick Street and Moray Place
	11.10am to 12.30pm	·      Moray Place, between George Street and Upper Stuart Street ·      Filleul Street, between Moray Place and St Andrew Street

 

 

ii)   Motorsport Event – Centre Road (Taieri)

Sunday 12 May 2024

9.00am to 5.00pm

·      Centre Road, between Otokia Road East and Marshall Road East This will affect Poplar Road East and Poplar Road West

 

iii)  Motorsport Event – Patmos Avenue and Maxwellton Street

Sunday 19 May 2024

9.00am to 5.00pm

·      Patmos Avenue, from Malvern Street to Maxwellton Street ·      Maxwellton Street, from Patmos Avenue to Pine Hill Road

 

BACKGROUND

3          Council’s Dunedin Festival and Events Plan supports the goal of a successful city with a diverse, innovative, and productive economy and a hub for skill and talent. 

4          The areas proposed to be used for these events are legal roads and can therefore be temporarily closed to normal traffic if statutory temporary road closure procedures are followed. The procedures are set out in Section 319 of the LGA 1974 and give Council the power to stop or close any road (or part of a road) within the parameters of Section 342 and Schedule 10 of the LGA 1974 (Schedule 10 is included as Attachment A).

5          These procedures include:

·        Consultation with the New Zealand Transport Authority Waka Kotahi and the Police.

·        Public notice being given of the proposal to close any road (or part of a road), and public notice of a decision to close the road.

·        Council being satisfied that traffic is not likely to be unreasonably impeded.

6          A resolution of Council is required where a proposal to temporarily close a road relates to public functions.

7          Council is required to give public notice of its decision. This notice will be published after this meeting and prior to the event, if approved.

DISCUSSION

 

Consultation and Notification

8          The Police and the New Zealand Transport Authority Waka Kotahi have no objections to the proposed road closures.

9          On Saturday 23 March 2024, the proposed temporary road closures were advertised in the Otago Daily Times (Attachment B) with a deadline for feedback.

10        The event organisers contacted those considered affected prior to submitting their application, and no objections were received.  

11        Schedule 10 clause 11(e) states a road cannot be closed more than 31 days in the aggregate in any one year.  This limit will not be exceeded by the approval of the proposed temporary road closures.

Traffic Impacts 

12        The event locations of these events have had identical road closures for the same, or similar event(s) in prior years without causing unreasonable delays to the travelling public.

13        Emergency services and public transport services will be managed through the temporary traffic management process.

14        The Temporary Traffic Management Plan process ensures that other issues such as temporary relocation of certain parking (e.g. taxi, mobility and Authorised Vehicles Only) are managed.

OPTIONS

15        Note any amendment to this report’s recommendations cannot be implemented without further consultation with the affected parties, NZTA (Waka Kotahi), the Police, and verifying that traffic impacts are acceptable.

Option One – Recommended Option

16        That the Council closes the sections of road as recommended in this report. 

Advantages

·        Roads can be closed, and the event will be able to proceed.

·        The closures will assist in realising the economic, social, and cultural benefits associated with the events.

Disadvantages

·        There will be temporary loss of vehicular access through the closed areas.  However, there are detours available, and safety can be assured using temporary traffic management.

Option Two – Status Quo

17        That the Council decides not to close the roads in question.

Advantages

·        There would be no detour required for the travelling public, and the roads would be able to be used as normal.

Disadvantages

·        The events would not be able to go ahead, and the benefits of the events would be lost.

NEXT STEPS

18        Should the resolution be made to temporarily close the roads, Council staff will accept the temporary traffic management plans that have been received for the events and notify the public of the closures.

Signatories

Authoriser:

Jeanine Benson - Group Manager Transport Scott MacLean - General Manager, Climate and City Growth

Attachments

	Title	Page
⇩a	Local Government Act 1974, Schedule 10	154
⇩b	ODT Advert - 23 March 2024	159

 

 

SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government 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 ✔ ☐ ☐   Events contribute to the Strategic Framework. Events contribute to the Economic Development Strategy, the Social Wellbeing Strategy. There is a Festival and Events Plan 2018-2023.
Māori Impact Statement Mana whenua have not been directly engaged with in relation to these road closures.
Sustainability There are no implications for sustainability.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications, as the decision is a regulatory one and there are no direct costs to Council.
Financial considerations There are no financial implications.  The cost of the proposed road closure is not a cost to Council.
Significance This decision is considered low in terms of the Council’s Significance and Engagement Policy.
Engagement – external There has been external engagement (as required by the LGA 1974), with the Police and Waka Kotahi. Affected parties were notified and provided a time period for feedback.
Engagement - internal There has been engagement with DCC Events and Transport.  There is support for the events to proceed.
Risks: Legal / Health and Safety etc. There are no identified risks should the recommended resolution be made.
Conflict of Interest There are no known conflicts of interest.
Community Boards There are no implications for Community Boards.

 

 

Council 30 April 2024

 

Council 30 April 2024

 

 

Council 30 April 2024

 

Notice of Motion

Notice of Motion - Rates Rebate

EXECUTIVE SUMMARY

1          In accordance with Standing Order 26.1, the following Notice of Motion was received from Cr Mandy Mayhem at least five clear working days before the meeting, for inclusion on the agenda for the meeting being held on Tuesday, 30 April 2024:

 

RECOMMENDATIONS

That the Council:

a)         Receives the Notice of Motion.

 

Attachments

	Title	Page
⇩a	Rates Rebate Notice of Motion	161

 

 

Council 30 April 2024

 

Council 30 April 2024

 

Notice of Motion - Disability Support Funding

EXECUTIVE SUMMARY

1          In accordance with Standing Order 26.1, the following Notice of Motion was received from Cr Mandy Mayhem at least five clear working days before the meeting for inclusion on the agenda for the meeting being held on Tuesday, 30 April 2024.

 

RECOMMENDATIONS

That the Council:

a)         Receives the Notice of Motion.

 

Attachments

	Title	Page
⇩a	Disability Funding Notice	163

 

 

Council 30 April 2024

 

 

Council 30 April 2024

 

Resolution to Exclude the Public

 

That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:

 

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  Confirmation of  the Confidential Minutes of Ordinary Council meeting - 27 February 2024 - Public Excluded	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.   S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	.
C2  Confirmation of  the Confidential Minutes of Ordinary Council meeting - 12 March 2024 - Public Excluded	S7(2)(b)(ii) The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.   S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	.
C3  Confidential Council Actions from Resolutions at Council Meetings	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.   S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.   S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.   S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).	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  Confidential Council Forward Work Programme - April 2024	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	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  Property Upgrade	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.
C6  Agreement to Grant Telecommunications Licence - Airways Corporation of New Zealand Limited - Swampy Summit	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.

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.