Council MINUTES Minutes of an ordinary meeting of the Dunedin City Council held in the Council Chamber, Municipal Chambers, The Octagon, Dunedin on Tuesday 08 October 2019, commencing at 1.00 pm PRESENT Mayor Mayor Dave Cull Deputy Mayor Cr Chris Staynes Members Cr David Benson-Pope Cr Rachel Elder Cr Christine Garey Cr Doug Hall Cr Aaron Hawkins Cr Marie Laufiso Cr Mike Lord Cr Damian Newell Cr Jim O'Malley Cr Conrad Stedman Cr Lee Vandervis Cr Andrew Whiley Cr Kate Wilson IN ATTENDANCE Sue Bidrose (Chief Executive Officer), Sandy Graham (General Manager City Services), Graham McKerracher (Manager, Council Communications and Marketing), Simon Drew (General Manager Infrastructure Services), Dave Tombs (General Manager Finance and Commercial), John Christie (Director Enterprise Dunedin), Julian Tan (Audit NZ), Gavin Logie (Financial Controller) Governance Support Officer Lynne Adamson 1 OPENING Matapura Ellison opened the meeting with a Karakia. 2 PUBLIC FORUM There was no Public Forum. Ordinary Council Minutes 8 October 2019 Page 1 of 9 3 APOLOGIES Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Accepts the apology from Cr Damian Newell. Motion carried 4 CONFIRMATION OF AGENDA Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Confirms the agenda with the following alterations: In regard to Standing Order 2.1, Option C be adopted in relation to moving and seconding and speaking to amendments. Item 8 – DCC submission Essential Freshwater – action for healthy waterways be withdrawn from the agenda. Motion carried (CNL/2019/028) 5 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 Dave Cull/Cr Chris Staynes): 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/2019/029) Ordinary Council Minutes 8 October 2019 Page 2 of 9 6 CONFIRMATION OF MINUTES 6.1 ORDINARY COUNCIL MEETING - 1 OCTOBER 2019 Moved (Mayor Dave Cull/Cr Chris Staynes): That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 01 October 2019 as a correct record. Motion carried (CNL/2019/030) REPORTS 7 DUNEDIN CITY COUNCIL ANNUAL REPORT FOR THE YEAR ENDED 30 JUNE 2019 A report from Finance sought Council approval and adoption of the Annual Report for the Dunedin City Council for the financial year ended 30 June 2019. The General Manager Finance and Commercial (Dave Tombs), Financial Controller (Gavin Logie) and Director, Audit New Zealand (Julian Tan) spoke to the report and responded to questions on the Annual Report. Moved (Cr Chris Staynes/Cr Andrew Whiley): That the Council: a) Approves the draft Dunedin City Council Annual Report for the financial year ended 30 June 2019 b) Delegates the Chief Executive the authority to make any minor editing required to the approved Annual Report for the year ended 30 June 2019. c) Authorises the Mayor and Chief Executive to sign the Statement of Compliance and Responsibility on behalf of Council. d) Authorises the Mayor and Chief Executive to sign the Letter of Representation to the auditor on behalf of Council. e) Receives the Audit Report on the Annual Report for the year ended 30 June 2019; and f) Adopts the audited Annual Report for the year ended 30 June 2019. Motion carried (CNL/2019/031) with Cr Vandervis recording his vote against Ordinary Council Minutes 8 October 2019 Page 3 of 9 9 DELEGATIONS IN THE INTERREGNUM PERIOD Cr Kate Wilson withdrew from this item. A report from Civic noted that the interregnum period was the period between the discharge of the Council and the swearing in of the new Council. It was anticipated that the period would occur between 18 October and 25 October 2019, depending on when the final election result was confirmed. The General Manager City Services (Sandy Graham) spoke to the report and responded to questions. Moved (Cr Aaron Hawkins/Cr Rachel Elder): That the Council: a) Approves the following appointments and powers: i) That Kate Wilson, Mike Lord, and David Benson-Pope be appointed to act together as Commissioners to undertake the responsibilities of the Hearings Committee from 12 October 2019 if requried. This delegation will expire when all matters commenced immediately prior to the date a Hearings Committee is appointed have proceeded to a decision. Explanatory Note: the Hearings Committee appointed by Council in the new Triennium is to consider any matters which require a hearing after the date that new Committee is appointed, but any matters commenced after 12 October 2019 and prior to that appointment date will continue under this delegation until a decision has been issued. ii) That from 12 October 2019 the Chief Executive Officer in consultation with the Resource Consents Manager or City Development Manager as appropriate, be authorised to appoint one or more independent commissioner(s) for hearings where: a. The Council is the landowner, lessee, applicant, requiring authority, has a financial interest, or the Council has any other role where the perception of bias or impartiality in its quasi-judicial decision making capacity cannot be avoided; or b. A Commissioner(s) is appointed as provided for in (i) above, where appointees are unavailable or not willing to act; or c. A joint hearing is to be convened. This delegation expires on the appointment of a new Hearings Committee. iii) That from 12 October 2019, Kate Wilson be delegated the power to negotiate and/or resolve any appeal on a resource consent decision. This delegation is to expire on the appointment of a new Hearings Committee. iv) That from 12 October 2019, until the date that a new Hearings Committee is appointed Kate Wilson is authorised to: Ordinary Council Minutes 8 October 2019 Page 4 of 9 a. Determine any matters regarding minor alterations to designations b. Initiate or join any Environment Court proceedings under the Resource Management Act 1991 c. Negotiate and resolve or withdraw from any proceeding arising from (iv)(b) above d. Select the chairperson or mediator for pre-hearing meetings pursuant to s99 and s99A of the Resource Management Act 1991. v) That the General Manager City Services continues the delegation to resolve 2GP appeals in order to provide consistency through the environment court process which provides certianty for appealants. vi) That from 12 October 2019 until the inaugural meeting of the Council, the Chief Executive Officer is authorised to make decisions in respect of urgent matters. Where the Mayor elect is known, this will be in consultation with the Mayor elect. vii) In the event of a pandemic or emergency occurring, the Chief Executive Officer (or Acting Chief Executive Officer) is delegated all of the powers and functions of the local authority (other than those which may not be delegated). This delegation expires on the convening of a valid meeting of the Dunedin City Council. viii) That from 12 October 2019 until the inaugural meeting of the Council, Susie Johnstone continues to act as the independent alternate Fraud Control Officer and Protective Disclosure Officer, and continues her role with respect to the Electronic Communications (Emails Quarantine) Policy. Motion carried (CNL/2019/032) 10 NOTICE OF MOTION PUBLIC TRANSPORT In accordance with Standing Order 26.1, a Notice of Motion had been received from Cr Aaron Hawkins. Cr Hawkins spoke to the Notice of Motion which was then considered by Council. Moved (Cr Aaron Hawkins/Cr Christine Garey): That the Council: a) Supports in principle, the transfer of public transport governance in the Dunedin district from the ORC to the DCC; b) Requests that the ORC include this question in their forthcoming review of the Regional Public Transport Plan, and; c) Continue to work with LGNZ and central government on reform of the Public Transport Operating Model (PTOM). Ordinary Council Minutes 8 October 2019 Page 5 of 9 Division The Council voted by division: For: Crs David Benson-Pope, Rachel Elder, Christine Garey, Aaron Hawkins, Marie Laufiso, Jim O'Malley, Chris Staynes, Conrad Stedman and Dave Cull (9). Against: Crs Doug Hall, Mike Lord, Lee Vandervis and Andrew Whiley (4). Abstained: Cr Kate Wilson (1). The division was declared CARRIED by 9 votes to 4 Motion carried (CNL/2019/033) 11 ACKNOWLEDGEMENT OF RETIRING COMMUNITY BOARD MEMBERS Christine Neill was present and spoke of her time on the Board over the past six years. She enjoyed the variety and acknowledged staff and Cr Andrew Whiley, the appointed Councillor representative to the Board. Ms Neill was thanked for her service to the community both privately for the past 55 years and on the Board over the last six years. Councillors paid tribute to the other retiring Community Board members, some of whom had served their communities for many years, and acknowledged the work they had carried out and projects they had been involved with during their time on the Boards. Moved (Cr Conrad Stedman/Cr Doug Hall): That the Council: a) Records its sincere thanks to the following retiring Community Board members for their loyal and conscientious service given to the City of Dunedin. Mosgiel Taieri Community Board Sarah Davie-Nitis 2013 - 2019 Maurice Prendergast 2013 - 2019 Otago Peninsula Community Board Christine Neill 2013 - 2019 Strath Taieri Community Board Norma Emerson 2016 – 2019 Jacinta Stevenson 2016 – 2019 Joan Wilson 1998 - 2019 Waikouaiti Coast Community Board Richard Russell 2016 - 2019 West Harbour Community Board Ryan Jones 2016 – 2019 Steve Walker 2007 - 2019 Motion carried (CNL/2019/034) Ordinary Council Minutes 8 October 2019 Page 6 of 9 12 ACKNOWLEDGEMENT OF SERVICE OF RETIRING MEMBERS The Council paid tribute to retiring Councillors.