CONFIRMED MINUTES OF A MEETING OF THE
DUNEDIN CITY COUNCIL HELD IN THE COUNCIL
CHAMBER, MUNICIPAL CHAMBERS ON
MONDAY, 14 DECEMBER 2015, COMMENCING
AT 1.05 PM
PRESENT:
Mayor Dave Cull, Councillors Chris Staynes (Deputy
Mayor), David Benson-Pope, Hilary Calvert, Doug
Hall, Aaron Hawkins, Mike Lord, Jinty MacTavish,
Andrew Noone, Lee Vandervis, Andrew Whiley and
Kate Wilson
IN ATTENDANCE:
Sue Bidrose (Chief Executive Officer), Simon Pickford
(General Manager Services and Development), Ruth
Stokes
(General Manager Infrastructure and
Networks), Grant McKenzie (Group Chief Financial
Officer), Sandy Graham (Group Manager Corporate
Services), Graham McKerracher (Manager, Council
Communications and Marketing), Adrian Blair (Group
Manager Regulatory Services), Ros MacGill (Manager
Environmental Health and Animal Services), Peter
Hanlin (Senior Animal Control Officer), John Christie
(Director, Enterprise Dunedin), Nicola Pinfold (Group
Manager Community and Planning), Maria Ioannou
(Corporate Policy Manager), Lesley Marriott (GigCity
Project Coordinator), Gavin Logie (Financial
Controller), Kristy Rusher (Manager Civic and Legal),
Karilyn Canton (In-House Legal Counsel) and Pam
Jordan (Governance Support Officer)
CHAIR:
Mayor Dave Cull
OPENING PRAYER:
Very Reverend Dr Trevor James, Dean, St Paul's
Cathedral
PUBLIC FORUM:
a)
Dunedin Save Our Courthouse Campaign – Anne Stevens
Mrs Stevens thanked the Council for its involvement in the Save our Courthouse
campaign. She believed that it was pivotal to the success of the campaign to have
the Council on board and also noted that individually some Councillors had worked
very hard on the campaign. Some communities' courthouses would not get saved,
however the Council's involvement meant there was a mandate from Dunedin
residents. The group had written to Ministers, and the publicity and campaign
would continue until the task was completed. She would like the Council to stay on
board for the next stage.
b)
Trans Pacific Partnership Agreement – Jen Olsen
Ms Olsen thanked Mayor Cull for speaking out on climate change and the Council for
passing the notice of motion at the previous meeting from Councillors Hawkins and
MacTavish on carbon emissions reduction and related topics. She was one of the
organisers of the recent climate change march. She referred to a motion recently
Council minutes – 14 December 2015
1
passed by the Greater Wellington Regional Council on the Trans Pacific Partnership
Agreement (TPP) which she had circulated, and hoped that one of Dunedin's
Councillors would be prepared to put forward a similar motion. She believed that if
the TPP was agreed to, it would make it more difficult to take action on climate
change. Asking the NZ Government to place a moratorium on deep sea oil and gas
exploration may not be possible under the TPP. She believed it was really
important to take a firm stand against the TPP and would like the Council to say this
was not what it wanted for New Zealand.
c)
Update from Mountain Biking Otago – Chris Arbuckle and James Crawford
Mr Arbuckle advised that he was officially representing the New Zealand Walking
Access Commission which had the objective of ensuring public access in New
Zealand. The Commission recognised councils and council staff who conducted
themselves in an open manner and helped the Commission to achieve these
objectives. Mountain Biking Otago, of which he and Mr Crawford were members,
had nominated the Council's Recreation Planning Officer, Andrew Lonie, for an
award for the positive contribution he had made towards mountain biking activities
in the Otago region. Mr Lonie had worked with Mountain Biking Otago very closely
in recent years. The award was presented to Andrew Lonie and he was
congratulated on his achievement.
Mayor Cull extended thanks to the group for the work they had done.
d)
Syrian Refugees – Steve Addison
Mr Addison reported that he had returned recently from Jordan and Turkey and
wished to report on the plight of Syrian refugees in those countries. He endorsed
the stance of the Council in supporting refugee resettlement in Dunedin and noted
that small numbers would make a difference even though the number of refugees
taken by New Zealand was not a lot compared to the scale of the numbers involved.
Mr Addison showed a series of photos of the Zaatri Refugee Camp in Jordan, four
kilometres from the Syrian border. He described the conditions and noted that
work needed to be done where refugees were, to improve the living standards in
tents and also the standard and availability of education.
e)
Education Programme at the Art Gallery – Kerry McKay
Ms McKay advised that she was a teacher/educator/artist and was concerned about
the removal of the Dunedin Public Art Gallery's Learning Experiences Outside the
Classroom (LEOTC) funding by the Ministry of Education.
She considered that
education was important for communities and that children needed experiences
outside the classroom. Many children went through the Art Gallery classroom, and
for some, this was their only experience of a gallery. Art education was not just for
schools and families, it was a community responsibility. Ms McKay had seen
programmes in operation at many galleries and she considered that the programme
at the Dunedin Public Art Gallery was special. She believed that Education Officer,
John Neumegen, ran an exceptional programme for primary and secondary aged
children, and children remembered their experiences many years later. Teachers
valued what he did with their classes and children learned that the Art Gallery was a
cool place to be. The art collection was used for education purposes and the
programme was regularly honed to meet local needs
The Council was informed that this matter would be considered during Annual Plan
discussions in the New Year.
Council minutes – 14 December 2015
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f)
Climate Change/Rising Sea Levels – Peter Foster
Mr Foster circulated a submission which concluded that the sea level rise projection
of the Intergovernmental Panel on Climate Change was the result of computer
models that used guesses, assumptions of questionable validity and was based on a
hypothesis that was not supported by evidence. He also circulated a paper "Sea-
Level Change: Living With Uncertainty" by Willem P de Lange and Robert M Carter,
and played a speech by Patrick Moore of Prager University, "What They Haven't Told
You About Climate Change".
1
APOLOGIES
Apologies were received from Councillors Neville Peat and Richard Thomson (for
absence) and Councillor John Bezett (for lateness).
It was moved (The Mayor/Staynes):
"That the apologies be accepted."
Motion carried
2
CONFIRMATION OF AGENDA
It was moved (The Mayor/Staynes):
"That the agenda be confirmed without addition or alteration."
Councillor Vandervis requested that items 19-22 should be considered in public.
Following discussion the motion was
put and carried with Councillor Vandervis
recording an abstention for the reason that he considered that there was no
possibility of being able to vote meaningfully on the non-option non-public papers.
3
DECLARATION 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.
MINUTES OF COMMITTEES
4
HEARINGS COMMITTEE
a)
Hearings Committee – 5 August, 18 and 25 November 2015
(Proposed Restriction of Vehicles from Part of Jetty Street)
It was moved (Wilson/Lord):
"1
That Part A (item 1) of the minutes of the Hearings
Committee held on 5 August, 18 and 25 November 2015 be
noted and confirmed.
Council minutes – 14 December 2015
3
2
That Part C (item 1) of the minutes of the Hearings
Committee meeting held on 5 August, 18 and 25 November
2015 be taken in the non-public part of the meeting."
Motion carried
5
SUSTAINABILITY AUDIT SUBCOMMITTEE – 15 OCTOBER 2015
It was moved (MacTavish/Wilson):
"That the minutes of the Sustainability Audit Subcommittee held on
15 October 2015 be noted and confirmed (including the non-public
part of the meeting)."
Motion carried
6
AUDIT AND RISK SUBCOMMITTEE – 19 OCTOBER 2015
It was moved (Staynes/Calvert):
"1
That the public part of the minutes of the Audit and Risk
Subcommittee meeting held on 19 October 2015 (including
items 10 and 16 of the non-public part of the minutes) be noted
and confirmed.
2
That Part C (items 11-15) of the minutes of the Audit and Risk
Subcommittee meeting held on 19 October 2015, be taken in the
non-public part of the meeting."
Motion carried
7
GRANTS SUBCOMMITTEE – 24 NOVEMBER 2015
It was moved (MacTavish/Wilson):
"1
That Part A (items 1-6, 8-9) of the minutes of the Grants
Subcommittee meeting held on 24 November 2015 be noted and
confirmed."
Motion carried
It was moved (MacTavish/Wilson):
"2
That the following Part B item of the minutes of the Grants
Subcommittee meeting held on 24 November 2015 be noted and
confirmed:
Item 7:
Property Arrangement Grant Application."
It was noted that this item was coming to Council so it could be considered as part
of the Annual Plan process.
It was moved (The Mayor/Staynes):
"That the meeting adjourns for five minutes."
Motion carried
Council minutes – 14 December 2015
4
The meeting adjourned from 2.08 pm to 2.15 pm.
It was noted that the references in the minutes to the Chair's withdrawal and return
for item 7 should be deleted.
The motion was then
put and carried.
MINUTES OF COMMUNITY BOARDS
8
WAIKOUAITI COAST – 11 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Waikouaiti Coast Community
Board held on 11 November 2015 be noted."
Motion carried
9
OTAGO PENINSULA – 12 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Otago Peninsula Community
Board held on 12 November 2015 be noted."
Motion carried
10
STRATH TAIERI – 12 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Strath Taieri Community
Board held on 12 November 2015 be noted."
Motion carried
11
MOSGIEL TAIERI – 17 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Mosgiel Taieri Community
Board held on 17 November 2015 be noted."
Motion carried
12
CHALMERS – 18 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Chalmers Community Board
held on 18 November 2015 be noted."
Motion carried
Council minutes – 14 December 2015
5
13
SADDLE HILL – 19 NOVEMBER 2015
It was moved (Noone/Vandervis):
"That the minutes of the meeting of the Saddle Hill Community Board
held on 19 November 2015 be noted."
Motion carried
REPORTS
14
DRAFT DOG CONTROL POLICY AND BYLAW
DRAFT KEEPING OF ANIMALS (EXCLUDING DOGS) AND BIRDS BYLAW
A report from Regulatory Services noted that the Council’s Dog Control Policy (dog
policy), Dog Control Bylaw (dog bylaw) and Keeping of Animals (Excluding Dogs)
and Birds Bylaw (animal bylaw) had been reviewed and a number of changes were
proposed in order to improve the balance between allowing Dunedin residents to
keep animals and limiting the nuisance that animals caused to others.
A draft Statement of Proposal, including a draft dog control policy and dog control
and keeping of animals bylaws were attached for consideration for adoption for
formal consultation.
Following questions and discussion it was moved (Benson-Pope/MacTavish):
"That the Council:
a)
Notes that a report on this matter was previously considered by
the Planning and Regulatory Committee on 13 October 2015 and
is lying on the table pending the receipt of legal advice on the
topic of protecting wildlife from cats.
b)
Notes that consideration of this matter by Council will enable the
public consultation to commence earlier than if the matter is
considered at the next ordinary meeting of the Planning and
Regulatory Committee (which is scheduled for Tuesday,
9 February 2016). The report lying on the table at the Planning
and Regulatory Committee will automatically lapse.
c)
Resolves that following a review of the Dog Control Bylaw 2004
which commenced on 14 June 2014:
i)
in terms of section 155 of the Local Government Act 2002 a
bylaw is the most appropriate and proportionate way of
addressing the perceived problems;
ii)
the proposed Dog Control Bylaw 2015 is (for the purpose of
public consultation) the most appropriate and
proportionate way of addressing the perceived problems;
iii)
the proposed Dog Control Bylaw 2015 is not (for the
purpose of public consultation) inconsistent with, and does
not give rise to any implications under the New Zealand Bill
of Rights Act 1990.
d)
Resolves that following a review of the Keeping of Animals
Bylaw 2010 which commenced on 14 April 2015:
Council minutes – 14 December 2015
6
i)
in terms of section 155 of the Local Government Act 2002 a
bylaw is the most appropriate and proportionate way of
addressing the perceived problems;
ii)
the proposed Keeping of Animals Bylaw 2015 is (for the
purpose of public consultation) the most appropriate form
of bylaw;
iii)
the proposed Keeping of Animals Bylaw 2015 is not (for the
purpose of public consultation) inconsistent with, and does
not give rise to any implications under the New Zealand Bill
of Rights Act 1990.
e)
Adopts the proposed Dog Control Bylaw 2015, the proposed Dog
Control Policy 2015 and the Keeping of Animals Bylaw 2015
together with the 'Animal Rules' statement of proposal for public
consultation and commences the special consultative procedure.
f)
Appoints a Hearings Subcommittee of Councillors Peat (Chair),
Hall, Lord and Whiley to hear and consider submissions and
recommend to Council the final forms of the proposed Dog
Control Bylaw 2015, the proposed Dog Control Policy 2015 and
the Keeping of Animals Bylaw 2015.
g)
Requests staff explore with other agencies, a coordinated cross-
agency approach to pest management in Dunedin.
h)
Requests staff review the focus and adequacy of pest
management in parks and reserves, for the purposes of the
protection of indigenous species and ecosystems, within the
2016/17 financial year."
Following discussion the motion was
put and carried.
15
ADOPTING DUNEDIN'S FIRST ENERGY PLAN
A report from Corporate Policy and Enterprise Dunedin provided the Council with a
revised proposed Energy Plan 1.0 (Attachment A of the report) for adoption
following public consultation.
The Plan had been revised by staff following public consultation and further work,
including meetings with stakeholders.
A request was made for a single page summary of the Plan to be provided.
Following discussion it was moved (Staynes/Hawkins):
"That the Council:
a)
Adopts the proposed Energy Plan 1.0.
Councillor Noone left the meeting from 3.25 pm to 3.35 pm during the course of
discussion.
Following discussion the motion was
put and carried.
Council minutes – 14 December 2015
7
It was moved (MacTavish/Hawkins):
"That the Council:
b)
Requests staff consider including in the Energy Plan 1.0,
Council's existing Food Resilience work, in response to
submissions."
Staff were thanked for their efforts in regard to this work.
Following further discussion the motion was
put and carried with Councillor
Vandervis recording his vote against.
16
GIGCITY DUNEDIN ACHIEVEMENTS TO DATE, CONTINUING AND FUTURE
PROJECTS, AND NEXT STEPS
Councillors MacTavish and Whiley withdrew from the meeting at 3.47 pm.
A report from Enterprise Dunedin provided an update on the delivery of the GigCity
Dunedin Project (formerly known as Gigatown Project) by reviewing city-wide
progress against the goals outlined in the Gigatown Plan for Success. While it had
taken a little time for momentum to build, progress one year on showed that both
the Digital Community Trust and the Dunedin City Council were now delivering
results against many of the goals and were progressing others as outlined in the
Plan for Success.
Following discussion it was moved (Staynes/Hall):
"That the Council:
a)
Notes progress to date and plans for the next stage of the
GigCity Dunedin Project.
b)
Acknowledges the work of the Digital Community Trust during
the first year of the GigCity Dunedin Project."
Motion carried
Councillors MacTavish and Whiley returned to the meeting at 3.48 pm.
Standard and Poor's Credit Rating
The Group Chief Financial Officer here reported that advice had just been received that
Standard and Poor's had confirmed the Council's AA long term credit rating in its latest
review.
17
PROCUREMENT POLICY (PROPOSED), DECEMBER 2015
A report from Finance advised Council staff had reviewed and updated the
Procurement Policy. The Policy had been considered by the Audit and Risk
Subcommittee and was now brought to Council for approval.
The Procurement Policy (Attachment A of the report) was considered by the Audit
and Risk Subcommittee at its meeting on 8 December 2015, where it was resolved:
"That the Audit and Risk Subcommittee recommend the draft Procurement
Policy for adoption at the next Council meeting.
Council minutes – 14 December 2015
8
It was noted during discussion that the term "vendors" would be changed to
"suppliers".
Following discussion it was moved (Staynes/Noone):
"That the Council:
a)
Adopts the Procurement Policy 2015 effective from 14 December
2015."
During the course of discussion Councillor Vandervis commented on a tender he had
been involved with some years previously, details of which he stated he had
reported to the Mayor. Mayor Cull requested him not to make allegations in public
without evidence and subsequently asked him to leave the meeting as he had
created disorder and no evidence had been produced for his allegations.
Councillor Vandervis left the meeting at 4.18 pm.
Mayor Cull then advised the Council that no allegations made by Councillor
Vandervis had been backed up by evidence given either to him or the current or
previous Chief Executive Officers.
The motion was then
put and carried.
RESOLUTION TO EXCLUDE THE PUBLIC
It was moved (The Mayor/Staynes):
"That the public be excluded from the following parts of the proceedings of
this meeting, namely, items 18-26.
The general subject of each matter to be considered while the public is
excluded, the reason for passing this resolution in relation to each matter,
and the specific grounds under Section 48(1) of the Local Government
Official Information and Meetings Act 1987 for the passing of this
resolution are as follows:
General subject of each Reason for passing this
Ground(s)
matter to be
resolution in relation to each
under Section
considered.
matter.
48(1) for the
passing of this
resolution.
18
Audit and Risk
Subcommittee meeting
held on 19 October
2015 – Confirmation of
Minutes
Council minutes – 14 December 2015
9
(11)
Annual Report
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To enable any local authority
holding the information to carry
on, without prejudice or
disadvantage, negotiations
(including commercial and
industrial negotiations) –
Section 7(2)(i))
(12)
Health and Safety
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a)
To avoid prejudice to measures
that prevent or mitigate
material loss to members of the
public – Section 7(2)(e))
(13)
Data Analysis
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(The making available of the
information would be likely to
prejudice the maintenance of
the law, including the
prevention, investigation, and
detection of offences and the
right to a fair trial – Section
6(a))
Council minutes – 14 December 2015
10
(14)
Review Update
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(The making available of the
information would be likely to
prejudice the maintenance of
the law, including the
prevention, investigation, and
detection of offences and the
right to a fair trial – Section
6(a))
(15)
Department Register
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a))
19
Director Appointment
That the public conduct of the
Section
for Dunedin City
whole or the relevant part of
48(1)(a)
Holdings Limited and
the meeting would be likely to
Dunedin City Treasury
result in the disclosure of
Limited
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a))
20
Director Appointment
That the public conduct of the
Section
Process
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a))
Council minutes – 14 December 2015
11
21
Director Remuneration
That the public conduct of the
Section
– Dunedin City
whole or the relevant part of
48(1)(a)
Holdings Limited/
the meeting would be likely to
Dunedin City Treasury
result in the disclosure of
Limited Board
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a)
To protect information where
the making available of the
information would disclose a
trade secret – Section
7(2)(b)(i))
22
Director Remuneration
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To protect the privacy of
natural persons, including that
of deceased natural persons –
Section 7(2)(a)
To protect information where
the making available of the
information would disclose a
trade secret – Section
7(2)(b)(i))
23
Proposed Declaration
That a right of appeal lies to any Section
to Make Parts of Jetty
Court or Tribunal against the
48(1)(d)
Street a Pedestrian
Dunedin City Council in these
Mall
proceedings.
That the public conduct of the
Section
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(The making available of the
information would be likely to
prejudice the maintenance of
the law, including the
prevention, investigation, and
detection of offences and the
right to a fair trial – Section
6(a)
To maintain legal professional
privilege – Section 7(2)(g))
Council minutes – 14 December 2015
12
24
Investment Property
That the public conduct of the
Section
Portfolio
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To enable any local authority
holding the information to carry
on, without prejudice or
disadvantage, negotiations
(including commercial and
industrial negotiations) –
Section 7(2)(i)
To maintain legal professional
privilege – Section 7(2)(g))
25
Sale - 17 Henderson
That the public conduct of the
Section
Street, Dunedin
whole or the relevant part of
48(1)(a)
the meeting would be likely to
result in the disclosure of
information for which good
reason for withholding exists
(To enable any local authority
holding the information to carry
on, without prejudice or
disadvantage, negotiations
(including commercial and
industrial negotiations) –
Section 7(2)(i))
26
Final Audit of Dunedin
That the public conduct of the
Section
City Council for the
whole or the relevant part of
48(1)(a)
Year Ended 30 June
the meeting would be likely to
2015
result in the disclosure of
information for which good
reason for withholding exists
(To enable any local authority
holding the information to carry
out without prejudice or
disadvantage, commercial
activities – Section 7(2)(h)
To avoid prejudice to measures
that prevent or mitigate
material loss to members of the
public – Section 7(2)(e)
To prevent disclosure or use of
official information for improper
gain or improper advantage –
Section 7(2)(k))
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
Council minutes – 14 December 2015
13
whole or the relevant part of the proceedings of the meeting in public are
as shown above (in parenthesis) after each item."
Motion carried
The meeting moved into non-public at 4.20 pm.
Council minutes – 14 December 2015
14
