Christchurch City Council

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Christchurch City Council will be held on:

 

Date:                                     Thursday 25 October 2018

Time:                                    9.30am

Venue:                                 Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Jimmy Chen

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor Mike Davidson

Councillor David East

Councillor Anne Galloway

Councillor Jamie Gough

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Glenn Livingstone

Councillor Raf Manji

Councillor Tim Scandrett

Councillor Deon Swiggs

Councillor Sara Templeton

 

 

18 October 2018

 

 

 

Principal Advisor

Dr Karleen Edwards

Chief Executive

Tel: 941 8554

 

Jo Daly

Council Secretary

941 8581

jo.daly@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
Watch Council meetings live on the web:
http://councillive.ccc.govt.nz/live-stream

 


Council

25 October 2018

 

 


Council

25 October 2018

 

TABLE OF CONTENTS

 

1.       Apologies................................................................................................................................... 5

2.       Declarations of Interest............................................................................................................ 5

3.       Public Participation.................................................................................................................. 5

3.1       Public Forum....................................................................................................................... 5

3.2       Deputations by Appointment............................................................................................... 5

4.       Presentation of Petitions......................................................................................................... 5

Council

5.       Council Minutes - 27 September 2018.................................................................................... 7

6.       Council Minutes - 4 October 2018......................................................................................... 23

7.       Council Minutes - 11 October 2018....................................................................................... 41

8.       Council Minutes - 15 October 2018....................................................................................... 53

Regulatory Performance Committee

9.       Policy and Practices 2017/18 - Section 10A Requirement Dog Control Act 1996............. 57

10.     Regulatory Performance Committee Minutes - 10 October 2018...................................... 63

Social, Community Development and Housing Committee

11.     Spire Sculpture - Licence to Occupy Latimer Square........................................................... 69

12.     Art in Public Places : Installation of artwork in Christchurch Botanic Gardens................ 77

13.     Social, Community Development and Housing Committee Minutes - 3 October 2018.... 91

Finance and Performance Committee

14.     Regenerate Christchurch - Quarterly Performance Report for period 1 April to 30 June 2018................................................................................................................................................ 101

15.     Christchurch City Holdings Ltd - Annual Report 2017/18................................................. 115

16.     Development Christchurch Ltd - Quarterly Progress Report, September 2018.............. 249

17.     Finance and Performance Committee Minutes - 3 October 2018.................................... 255

Infrastructure, Transport and Environment Committee

18.     Infrastructure, Transport and Environment Committee Minutes - 10 October 2018..... 261

Innovation and Sustainable Development Committee

19.     Innovation and Sustainable Development Committee Minutes - 26 September 2018.. 267

Staff Reports

20.     Draft Submission on the Building Amendment Bill........................................................... 271

21.     Resolution to Exclude the Public......................................................................................... 281  

 

 

 


Council

25 October 2018

 

 

1.   Apologies

 

2.   Declarations of Interest

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

3.   Public Participation

3.1  Public Forum

A period of up to 30 minutes is available for people to speak for up to five minutes on any issue that is not the subject of a separate hearings process.

3.2  Deputations by Appointment

Deputations may be heard on a matter or matters covered by a report on this agenda and approved by the Chairperson.

There were no deputations by appointment at the time the agenda was prepared

4.   Presentation of Petitions

There were no Presentation of Petitions at the time the agenda was prepared.

 


Council

25 October 2018

 

 

5.        Council Minutes - 27 September 2018

Reference:

18/1034081

Presenter(s):

Jo Daly – Council Secretary

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 27 September 2018.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 27 September 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 27 September 2018

8

 

 

Signatories

Author

Jo Daly - Council Secretary

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

6.        Council Minutes - 4 October 2018

Reference:

18/1055393

Presenter(s):

Christopher Turner-Bullock, Committee Advisor

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 4 October 2018.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 4 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 4 October 2018

24

 

 

Signatories

Author

Christopher Turner-Bullock - Committee Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

7.        Council Minutes - 11 October 2018

Reference:

18/1087645

Presenter(s):

Jo Daly – Council Secretary

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 11 October 2018.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 11 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 11 October 2018

42

 

 

Signatories

Author

Jo Daly - Council Secretary

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

8.        Council Minutes - 15 October 2018

Reference:

18/1077476

Presenter(s):

Christopher Turner-Bullock – Committee Advisor

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 15 October 2018.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 15 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 15 October 2018

54

 

 

Signatories

Author

Christopher Turner-Bullock - Committee Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

Report from Regulatory Performance Committee  – 10 October 2018

 

9.        Policy and Practices 2017/18 - Section 10A Requirement Dog Control Act 1996

Reference:

18/1063928

Presenter(s):

Mark Vincent, Team Leader Animal Management

 

 

 

 

2.  Regulatory Performance Committee Recommendation to Council

 

Part A  (Staff recommendations were accepted without change)

That the Council:

1.         Receive the information in this report.

2.         Adopt the 2017/18 Annual Report to Local Government, as set out in Section 10A of the Dog Control Act 1996.

 

 

Attachments

No.

Report Title

Page

1

Policy and Practices 2017/18 - Section 10A Requirement Dog Control Act 1996

58

 

 

 


Council

25 October 2018

 

 

Policy and Practices 2017/18 - Section 10A Requirement Dog Control Act 1996

Reference:

18/962493

Presenter(s):

Mark Vincent – Team Leader Animal Management

 

 

1.   Purpose of Report

1.1       This report is required to be submitted by each Territorial Authority to Local Government annually under Section 10A of the Dog Control Act 1996.  The report covers Policy and Practices delivered for the reporting period year ending 30 June 2018.

2.   Staff Recommendations

That the Regulatory Performance Committee recommends that the Council:

1.         Receive the information in this report.

2.         Adopt the 2017/18 Annual report to Local Government, as set out in Section 10A of the Dog Control Act 1996.

3.   Background

3.1       Section 10A of the Dog Control Act 1996, requires the Territorial authority to report on dog control policy and practices.

1)    A territorial authority must, in respect of each financial year, report on the administration of—

a)    its dog control policy adopted under section 10; and

b)    its dog control practices.

2)    The report must include, in respect of each financial year, information relating to—

a)    the number of registered dogs in the territorial authority district:

b)    the number of probationary owners and disqualified owners in the territorial authority district:

c)    the number of dogs in the territorial authority district classified as dangerous under section 31 and the relevant provision under which the classification is made:

d)    the number of dogs in the territorial authority district classified as menacing under section 33A or section 33C and the relevant provision under which the classification is made:

e)    the number of infringement notices issued by the territorial authority:

f)     the number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:

g)    the number of prosecutions taken by the territorial authority under this Act.

3)    The territorial authority must give public notice of the report—

a)    by means of a notice published in—

i.      1 or more daily newspapers circulating in the territorial authority district; or

ii.     1 or more other newspapers that have at least an equivalent circulation in that district to the daily newspapers circulating in that district; and

b)    by any means that the territorial authority thinks desirable in the circumstances.

4)    The territorial authority must also, within 1 month after adopting the report, send a copy of it to the Secretary for Local Government.

4.   Christchurch City Council’s Policies (Section 10A (1a))

4.1       The Council adopted the “Control of Dogs” Policy (“the policy”) in September 2016. The Policy has provisions relating to the control of dogs in public places, which are enforceable under the Christchurch City Council Dog Control Bylaw 2016.

4.2       The objectives of the policy are to:

·   set the framework for Dog Registration Fees and Classification of Owners;

·   identify mechanisms for promoting responsible dog ownership and interaction with dogs;

·   set the framework for Issuing of Infringement notices and Impounding of Dogs;

·   specify the requirement for neutering of dogs classified as dangerous or menacing; (sections 32(1) (c) and 33E (b));

·   provide adequate opportunities to fulfil the exercise and recreational needs of dogs and their owners;

·   set the framework for categories of Dog Control;

·   Notify areas where specific dog control status has been designated for reasons such as public health, safety and hygiene and protection of wildlife, animals and stock;

·   Identify the matters to be covered by bylaws.

5.   Christchurch City Council’s Practices (Section 10A (1b))

5.1       To satisfy the requirements of section 10A of the Dog control Act 1996, the following information is provided.

5.2       Dog Registration

5.2.1   The total number of dogs recorded on the Councils dog registration database for the period was 38,500 compared to 37,816 last year. 

5.3       Probationary and Disqualified Owners

5.3.1   The Council recorded 5 owners as probationary and 1 owner as disqualified over the period.

5.4       Dangerous Dog Classifications

5.4.1   The Council classified 15 dogs as dangerous under section 31 of the Dog control Act 1996, adjusting the total number of dogs on the dangerous dog register to 55.

5.5       Menacing Dog Classifications

5.5.1   The Council has two separate menacing dog classifications:

·     Section 33A (1) (b) (i) of the Dog control Act 1996, provides for dogs to be classified   as menacing (based on the dogs aggressive behaviour). For the period 52 new dogs were classified as menacing, adjusting the total number of dogs classified in this category on the Council’s register to 241.

·     Section 33C of the Dog Control Act 1996, provides for dogs to be classified as menacing (based on the dogs breed or breed type). For the period 20 new dogs were classified as menacing, adjusting the total number of dogs classified in this category on the Council’s register to 156.

5.6       Infringement Notices Issued

5.6.1   The Council issued 1,411 infringement notices for breaches against the Dog Control Act 1996.

5.7       Dog related complaints

5.7.1   The Council investigated 726 priority one complaints (dogs attacking persons, stock, poultry, domestic animals and protected wildlife or traffic hazards relating to wandering stock on roads).

5.7.2   The Council received 9,633 complaints relating to dogs barking, wandering, fouling rushing, dog attacks on domestic animals and unregistered dogs.

5.8       Prosecutions

5.8.1   The Council took 3 prosecutions, 1 prosecution resulted in a conviction where the dog owner was disqualified from owning dogs for four years.

5.9       Statistical Summary

Total number of registered dogs

38,500

 

 

Total number of probationary owners

 

5

 

 

Total number of disqualified owners

1

 

 

Total number of dogs classified as dangerous (live records only)

 

S.31 (1)(a) Section 57A conviction

S.31 (1)(b) Sworn evidence

15/55

S.31 (1)(c) Owner admits in writing

 

 

 

Total number of live dogs classified as menacing

S.33A Observed or reported behaviour (deed)

52/241

S.33A Breed characteristics (breed)

20/156

S.33C Dogs listed in schedule four.

 

 

Number of infringement notices issued (not waived or cancelled)

1411

Number of dog related complaints -

 

Dog attacks on people

241

Dog attacks, rushing, intimidating people, stock, poultry, domestic animals, protected animals 

726

Dogs that barked, roamed or fouled (covers self-generated bylaw, roaming dogs and miscellaneous matters)

9,633

Number of prosecutions taken

3

 

 

Attachments

There are no attachments to this report.

 

Signatories

Author

Mark Vincent - Team Leader Animal Management

Approved By

Tracey Weston - Head of Regulatory Compliance

Leonie Rae - General Manager Consenting and Compliance

 


Council

25 October 2018

 

 

10.    Regulatory Performance Committee Minutes - 10 October 2018

Reference:

18/1071082

Presenter(s):

Liz Ryley, Committee Advisor

 

 

1.   Purpose of Report

The Regulatory Performance Committee held a meeting on 10 October 2018 and is circulating the Minutes recorded to the Council for its information.

2.   Recommendation to Council

That the Council receives the Minutes from the Regulatory Performance Committee meeting held 10 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Regulatory Performance Committee - 10 October 2018

64

 

 

Signatories

Author

Liz Ryley - Committee Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

Report from Social, Community Development and Housing Committee  – 3 October 2018

 

11.    Spire Sculpture - Licence to Occupy Latimer Square

Reference:

18/1062345

Presenter(s):

Kathy Jarden, Team Leader Leasing Consultancy

 

 

 

1.  Social, Community Development and Housing Committee Recommendation to Council

 

Part A (Staff recommendations were accepted without change)

That the Council:

1.         Approve the granting of a Temporary Licence to Occupy part of Latimer Square, approximately 144 square metres as shown in the attached plan for the continued occupation of the sculpture the “Spire” created by artist Neil Dawson with an expiry date of 31 December 2019.

 

 

Attachments

No.

Report Title

Page

1

Spire Sculpture - Licence to Occupy Latimer Square

70

 

No.

Title

Page

a

Spire Sculpture Licence Area Plan

75

 

 


Council

25 October 2018

 

 

Spire Sculpture - Licence to Occupy Latimer Square

Reference:

18/816777

Presenter(s):

Kathy Jarden, Team Leader Leasing Consultancy

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Social, Community Development and Housing Committee to recommend that the Council approve a further temporary licence to Neil Dawson for the “Spire” sculpture to continue occupation at Latimer Square.

Origin of Report

1.2       This report is staff generated.

2.   Significance

2.1       The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by the earlier consultation with the Central City Recovery Plan and Share an Idea.  The Community sought a number of initiatives to make the city a more exciting, green and safe environment.

2.1.2   The community engagement and consultation outlined in this report reflect the assessment.

 

3.   Staff Recommendations 

That the Social, Community Development and Housing Committee recommend that the Council:

1.         Approve the granting of a Temporary Licence to Occupy part of Latimer Square, approximately 144 square metres as shown in the attached plan for the continued occupation of the sculpture the “Spire” created by artist Neil Dawson with an expiry date of 31 December 2019.

 

 

4.   Key Points

4.1       This report supports the Council's Long Term Plan (2018 - 2028):

4.1.1   Activity: Parks & Foreshore

·     Level of Service: 6.9.1.5 To manage and maintain Public Monuments, Sculptures, Artworks and Parks Heritage Buildings of significance - Resident  satisfaction with presentation of Public Monuments, Sculptures & Artworks: = 90%

4.2       The following feasible options have been considered:

·     Option 1 – Grant Licence (preferred option)

·     Option 2 – Decline Licence

4.3       Option Summary - Advantages and Disadvantages (Preferred Option)

4.3.1   The advantages of this option include:

·     Council’s continued support of the art installation.

·     Provides a point of attraction to citizens and visitors.

·     Formalises the occupation arrangement that has lapsed.

4.4       The disadvantages of this option include:

·     Continued occupation of Latimer Square until such time as Neil Dawson finds a new home for the sculpture.

4.5       The granting of a new licence continues to support the recovery of the Central City in a creative manner.  The artwork installation aligns with the Transitional Programme implemented in 2012/2013 linking the area of activity, improving the experience, amenity and urban environment of the city and attracting residents and visitors to the Central City.

 

5.   Context/Background

The Sculpture

5.1       Neil Dawson designed a sculpture, the “Spire”, which is suspended in the air across Latimer Square as shown in Attachment A.  The work was part of the Central City Transitional Programme.  The purpose of the sculpture was to improve the experience, amenity and urban environment of the Central City.

5.2       The Spire was installed in 2013 and a temporary Licence to Occupy agreement was issued to Mr Dawson to cover the footprint of the sculpture while allowing the public access under and around the sculpture.

5.3       The Licence agreement expired in 2016.

5.4       Mr Dawson is looking to relocate the Spire to a permanent location and would appreciate if the Council would permit him to retain the sculpture at this location until the end of 2019.  He has indicated that if a permanent location is found earlier he would remove it.

Land Occupation

5.5       Latimer Square is vested in the Council pursuant to the Christchurch City (Reserves) Empowering Act 1972, for the purposes of lawns, ornamental gardens and ornamental buildings.  Section 12 provides that all reserves subject to the Act area to be held and administered subject to the provisions of the Reserves Act 1977.

5.6       As a reserve held for “lawns, ornamental gardens, and ornamental buildings” it is considered for Reserve Act 1977 purposes, to be held by the Council as local purpose reserve.

5.7       The Reserves Act, Section 61 empowers the Council to lease or licence local purposes reserves for activities consistent with its classification.  Section 61(2) leases or licences of local purpose reserves may be granted for terms of less than five years without there being a requirement to publicly notify such arrangements.

5.8       When the original licence was entered into, it was the view of Legal Services that an artwork or sculpture on Latimer Square will comply with the Empowering Act provisions.  Artwork and sculptures form an integral part of ornamental gardens and such an object may also be considered to be an ornamental building.

5.9       Community Boards have the delegated authority to grant licences of reserves under the Reserves Act 1977 Section 61, however the power to grant licences within the central city area has been reserved to the Council.  Council staff have no delegated authority to grant leases or licences on land held as local park or reserves.


 

6.   Option 1 – Grant a New Licence  (preferred)

Option Description

6.1       Grant a new licence to Neil Dawson to permit the Spire sculpture to remain in Latimer Square until 31 December 2019.

Significance

6.2       The level of significance of this option is low consistent with section 2 of this report.

6.3       Engagement requirements for this level of significance are not required.

Impact on Mana Whenua

6.4       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.5       The Licensee is specifically affected by this option due to his ownership of the sculpture and desire to find a permanent location for it.  Their views are to seek approval to allow the sculpture to remain until the end of 2019 in order to allow further time to find somewhere to relocate the sculpture to.

6.6       Members of the community and visitors to Christchurch would continue to appreciate the sculpture until such time as it was relocated.

Alignment with Council Plans and Policies

6.7       This option is consistent with Council’s Plans and Policies

Financial Implications

6.8       Cost of Implementation – preparation of Licence Agreement

6.9       Maintenance / Ongoing Costs – Licensee responsibility

6.10    Funding source – not applicable

Legal Implications

6.11    There a  legal context, issue or implication relevant to this decision

6.12    This report has not been reviewed and approved by the Legal Services Unit

6.13    The legal consideration is the Reserves Act 1977.  The preparation of the Deed of Licence is a routine matter on which the legal situation is well known and settled.

Risks and Mitigations  

6.14    There is a risk that Neil Dawson does not find a suitable location to relocate the Spire sculpture.  This may result in a request to extend the licence agreement.

6.14.1 Residual risk rating: The residual rating of the risk after the below treatment(s) is implemented will be low.

6.14.2 Planned treatment(s) would require resource consent approval under the heritage provisions of the District Plan and a further granting of a new licence.

 

6.15    Implementation dependencies  - Council approval

6.16    Implementation timeframe – 4 weeks

Option Summary - Advantages and Disadvantages

6.17    The advantages of this option include:

·   Council’s continued support of the art installation.

·   Provides a point of attraction to citizens and visitors.

·   Formalises the occupation arrangement that has lapsed.

6.18    The disadvantages of this option include:

·   Continued occupation of Latimer Square until such time as Neil Dawson finds a new home for the sculpture.

7.   Option 2 – Not Grant a New Licence

Option Description

7.1       In not granting a new Licence, Neil Dawson would be required to remove the sculpture from Latimer Square.

Significance

7.2       The level of significance of this option is low consistent with section 2 of this report.

7.3       Engagement requirements for this level of significance are not required.

Impact on Mana Whenua

7.4       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.5       The Licensee is specifically affected by this option due to the requirement to remove the sculpture.  Members of the community would no longer be able to appreciate the sculpture in Latimer Square.

Alignment with Council Plans and Policies

7.6       This option is consistent with Council’s Plans and Policies

Financial Implications

7.7       Cost of Implementation – not applicable

7.8       Maintenance / Ongoing Costs – Licensee responsibilities

7.9       Funding source – Licensee responsibilities

Legal Implications

7.10    There not a legal context, issue or implication relevant to this decision

7.11    This report has not been reviewed and approved by the Legal Services Unit

7.12    The legal consideration is serving notice on the Licensee to remove the sculpture and improvements.

Risks and Mitigations  

7.13    There is a risk of some reputational damage or negative impact on the Council’s image in not granting a new Licence to Neil Dawson whose work is well known in the community.  This may result in a minor disengagement with the community.

7.13.1 Residual risk rating: The residual rating of the risk after the below treatment(s) is implemented will be low.

7.13.2 Planned treatments include a positive medial campaign to counter potential negative press.

Implementation

7.14    Implementation dependencies  - Council decision

7.15    Implementation timeframe – 4 weeks

Option Summary - Advantages and Disadvantages

7.16    The advantages of this option include:

·   The Sculpture is removed from Latimer Square immediately.

7.17    The disadvantages of this option include:

·   There are no disadvantages as the intention was always for the sculpture to be removed from Latimer Square.

 

Attachments

No.

Title

Page

a 

Spire Sculpture Licence Area Plan

 

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Kathy Jarden - Team Leader Leasing Consultancy

Approved By

Angus Smith - Manager Property Consultancy

Bruce Rendall - Head of Facilities, Property & Planning

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizen and Community

 


Council

25 October 2018

 

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Council

25 October 2018

 

Report from Social, Community Development and Housing Committee  – 3 October 2018

 

12.    Art in Public Places : Installation of artwork in Christchurch Botanic Gardens

Reference:

18/1062358

Presenter(s):

Brent Smith, Principal Advisor Citizens and Community

 

 

 

1.  Social, Community Development and Housing Committee Recommendation to Council

 

Part A (Staff recommendations were accepted without change)

That the Council:

1.         Agree to the permanent installation of Diminish and Ascend subject to the following:

a.         All necessary consents and approvals are obtained and provided by SCAPE.

b.         SCAPE confirms that all funding is in place.

c.         Additional maintenance costs for Diminish and Ascend will be included for consideration in the draft 2019/20 Annual Plan

d.         A condition report and long term maintenance and engineering plans are provided to Council

 

 

Attachments

No.

Report Title

Page

1

Art in Public Places : Installation of artwork in Christchurch Botanic Gardens

78

 

No.

Title

Page

a

Project Working Party Diminish Ascend Final

82

 

 


Council

25 October 2018

 

 

Art in Public Places : Installation of artwork in Christchurch Botanic Gardens

Reference:

18/911448

Presenter(s):

Brent Smith – Principal Advisor, Citizens and Community

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to seek approval from the Social, Community Development and Housing Committee for the permanent installation and maintenance of a public artwork to be installed on Council land. Diminish and Ascend is a sculpture by David McCracken to be permanently installed in the Christchurch Botanic Gardens.

Origin of Report

1.2       This report is staff generated to seek approval from Council for the installation and maintenance of the artwork.

2.   Significance

2.1       The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by this project being consistent with the Artworks in Public Places Policy and recommendations from the Public Arts Advisory Group, Friends of the Botanic Gardens and the Matapopore Trust. The artwork has been installed on this site as part of the SCAPE Public Art Season in 2016.

2.1.2   The community engagement and consultation outlined in this report reflect the assessment.

 

3.   Staff Recommendations

That the Social, Community Development and Housing Committee recommend the Council:

1.         Agree to the permanent installation of Diminish and Ascend subject to the following:

a.         All necessary consents and approvals are obtained and provided by SCAPE.

b.         SCAPE confirms that all funding is in place.

c.         Additional maintenance costs for Diminish and Ascend will be included for consideration in the draft 2019/20 Annual Plan

d.         A condition report and long term maintenance and engineering plans are provided

 

4.   Key Points

4.1       Council is being requested to approve the permanent installation and maintenance of Diminish and Ascend in the Information Centre Lake, within the Botanic Gardens.

4.2       The permanent installation of the artwork is supported by the Public Arts Advisory Group, Matapopore Trust and the Friends of the Botanic Gardens.

4.3       The artwork is consistent with the Council’s Artworks in Public Places Policy.

4.4       The artwork is consistent and compatible with the Council’s Botanic Gardens Management Plan and Master Plan. Further information is provided within Attachment A.

4.5       Community Outcomes: Supports Strong Communities: Celebration of our identity through arts, culture, heritage and sport.

4.6       This report supports the Council’s Long Term Plan (2018 – 2028)

4.7       Activity: Recreation, Sports, Community Arts & Events.

4.8       Level of Service: Support community based organisations to develop, promote and deliver community events and arts in Christchurch.

4.9       Activity: Heritage

Level of Service: To manage and maintain Public Monuments, Sculptures, Artworks and Parks Heritage Buildings of significance.

 

5.   Diminish and Ascend

5.1       The Artist

5.1.1   The artist is David McCracken, an Auckland based artist. He has broad experience in fabrication using steel, fibreglass, glass and wood, and set design for theatre. Has exhibited at various galleries across Auckland and has been shortlisted for the Wallace Art Awards.

5.2       The Artwork

5.2.1   The idea for Diminish and Ascend began many years ago as a conversation about a performance piece depicting a ladder, or similar, that required the protagonist to grow smaller in order to ascend … a kind of Lewis Carroll device that we talked about achieving with shadow puppetry or projection. It was only after outlining a rudimentary sketch that I saw the potential as a perspective illusion …

5.2.2   The Sculpture was originally installed for SCAPE Public Art Season 2016 Presence, at the Information Centre Lake in the Botanic Gardens. The artwork remains in place under a Temporary Access Permit.

5.3       Assessments

5.3.1   An assessment has been carried out by the Council’s Public Arts Advisory Group (PAAG) who have supported the artwork with a grant from the CCC Art in Public Places Fund.

5.3.2   A staff assessment has been carried out by a Project Working Party as per the Artworks in Public Places – Operational Procedures (ATTACHMENT A)

5.3.3   This assessment outlines the criteria for assessment, issues, maintenance requirements and finance implications.

5.3.4   This is consistent with the Artworks in Public Places Policy (Five Year Plan) in regard to the site (Botanic Gardens) which has been identified as a priority 7 site, but is inconsistent in that the art trail has not been developed so it cannot be evaluated against it.

5.4       Issues

5.4.1   The artwork appears robust and the proposed location in the Information Centre Lake, while making it difficult to access for maintenance, protects the work from vandalism and eliminates health and safety concerns from people climbing it.

5.4.2   It is unknown how the internal framework has performed in this environment. Full engineering detail and condition assessment will be required. The full engineering detail will be needed for the permanent installation.

5.4.3   There are some items such as suitable permanent foundation, bird strike, consents and condition to be resolved.

5.4.4   Artwork foundation will need to be replaced for the artwork to become permanent. Silt will need to be removed through to a firm base and foundation re-established.  This has been included in the art work budget.

5.4.5   Access and the need to wash down the artwork several times a week means maintenance costs are high.

5.5       Finance

5.5.1   The sculpture has a value of $192,000 including installation costs.

5.5.2   The artwork is funded through sponsorship, a CCC Art in Public Places Fund grant and a Friends of the Botanic Gardens grant.

5.5.3   Maintenance is currently being undertaken and paid for out of the Council artworks budget at the expense of maintenance of other art works.  It is currently costing $700 to $760 per month to maintain. 

5.5.4   Any further additional maintenance costs are unbudgeted.

5.6       Recommendations

5.6.1   A condition report and long term maintenance and engineering plans are provided

5.6.2   All necessary consents and approvals are obtained and provided by SCAPE.

5.6.3   SCAPE confirms that all funding is in place.

5.6.4   Additional maintenance funding is requested in the 2019/20 Annual Plan.

 

 

Attachments

No.

Title

Page

a 

Project Working Party Diminish Ascend Final

 

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Brent Smith - Principal Advisor Citizens & Community

Approved By

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizen and Community

 


Council

25 October 2018

 

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25 October 2018

 

 

13.    Social, Community Development and Housing Committee Minutes - 3 October 2018

Reference:

18/1062442

Presenter(s):

Sarah Drummond, Committee and Hearings Advisor

 

 

1.   Purpose of Report

The Social, Community Development and Housing Committee held a meeting on 3 October 2018 and is circulating the Minutes recorded to the Council for its information.

 

2.   Recommendation to Council

That the Council receives the Minutes from the Social, Community Development and Housing Committee meeting held 3 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Social, Community Development and Housing Committee - 3 October 2018

92

 

 

Signatories

Author

Sarah Drummond - Committee and Hearings Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

Report from Finance and Performance Committee  – 3 October 2018

 

14.    Regenerate Christchurch - Quarterly Performance Report for period 1 April to 30 June 2018

Reference:

18/1038412

Presenter(s):

Sue Sheldon, Chair of Regenerate Christchurch, and Jason Rivett, Regenerate Christchurch Corporate Services Manager

 

 

 

1.  Staff and Finance and Performance Committee Recommendation to Council

 

That the Council:

1.         Notes Regenerate Christchurch’s performance for the period 1 April to 30 June 2018, updated to include key progress made through to September 2018.

 

 

Attachments

No.

Report Title

Page

1

Regenerate Christchurch - Quarterly Performance Report for period 1 April to 30 June 2018

102

 

No.

Title

Page

a

Joint Council/Department of the Prime Minister and Cabinet report for Regenerate Christchurch's quarterly performance for period 1 April to 30 June 2018

104

b

Regenerate Christchurch - Quarterly Status Report for period 1 April to 30 June 2018

113

 

 


Council

25 October 2018

 

 

Regenerate Christchurch - Quarterly Performance Report for period 1 April to 30 June 2018

Reference:

18/859741

Presenter(s):

Sue Sheldon, Chair of the Board of Regenerate Christchurch and Jason Rivett, Corporate Services Manager

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Finance and Performance Committee to recommend the Council notes Regenerate Christchurch’s performance for the period 1 April to 30 June 2018 and updated for key progress through to September 2018. 

Origin of Report

1.2       This report is staff generated following receiving Regenerate Christchurch’s Quarterly Status Report for the period 1 April to 30 June 2018. 

2.   Significance

2.1       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by assessing the extent to which the decisions are likely to impact the community. 

 

3.   Staff Recommendations

That the Finance and Performance Committee recommends that the Council:

1.         Notes Regenerate Christchurch’s performance for the period 1 April to 30 June 2018, updated to include key progress made through to September 2018.

 

4.   Key Points

4.1       The joint Council/Department of the Prime Minister and Cabinet Quarterly Performance Report for the period 1 April – 30 June 2018 for Regenerate Christchurch is at Attachment A.  The report has been updated to reflect key progress made during the period 1 July – 30 September.  However, the financial information reflects Regenerate Christchurch’s final audited accounts for the year ending 30 June 2018. 

4.2       Regenerate Christchurch’s Quarterly Status Report for the quarter 1 April – 30 June 2018 is at Attachment B.  This report was prepared in July, and reflects information that was current at that date.  The financial information had not been audited at that time.

 

 

 

Attachments

No.

Title

Page

a 

Joint Council/Department of the Prime Minister and Cabinet report for Regenerate Christchurch's quarterly performance for period 1 April to 30 June 2018

 

b 

Regenerate Christchurch - Quarterly Status Report for period 1 April to 30 June 2018

 

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Linda Gibb - Performance Monitoring Advisor

Approved By

Len Van Hout - Manager External Reporting & Governance

Diane Brandish - Head of Financial Management

Carol Bellette - General Manager Finance and Commercial (CFO)

 


Council

25 October 2018

 

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25 October 2018

 

Report from Finance and Performance Committee  – 3 October 2018

 

15.    Christchurch City Holdings Ltd - Annual Report 2017/18

Reference:

18/1038437

Presenter(s):

Leah Scales, Chief Financial Officer – Christchurch City Holdings Limited

 

 

 

1.  Staff and Finance and Performance Committee Recommendation to Council

 

That the Council:

1.         Notes the annual results for the Christchurch City Holdings Ltd Group for 2017/18, including net profit after tax of $135.7 million which is a 7.3% return on shareholders’ equity.

 

 

Attachments

No.

Report Title

Page

1

Christchurch City Holdings Ltd - Annual Report 2017/18

116

 

No.

Title

Page

a

CCHL Performance Report for 2017/18

120

b

CCHL Annual Report 2017/18

196

 

 


Council

25 October 2018

 

 

Christchurch City Holdings Ltd - Annual Report 2017/18

Reference:

18/930006

Presenter(s):

Leah Scales, CFO, CCHL

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Finance and Performance Committee to note the Annual Report for Christchurch City Holdings Ltd (CCHL) for the year ending 30 June 2018.

Origin of Report

1.2       This report is staff generated. CCHL’s Annual Report was received once it had been released to the market and is no longer PX.

2.   Significance

2.1       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by the extent to which the decisions are likely to impact the community.

 

3.   Staff Recommendations

That the Finance and Performance Committee recommends that the Council:

1.         Notes the annual results for the Christchurch City Holdings Ltd Group for 2017/18, including net profit after tax of $135.7 million which is a 7.3% return on shareholders’ equity.

 

4.   Key Points

4.1       The 2017/18 annual results for the CCHL Group were released to the market on Friday 14 September 2018, in accordance with the requirements of the Financial Markets Conduct Act 2013 and the NZX Debt market listing rules.  The Performance Report and Annual Report for the year ending 30 June 2018 are appended to this report at Attachments A and B respectively. 

CCHL Parent

4.2       The following table summarises the CCHL parent company’s financial transactions for the year:

Dividends from subsidiaries

 

$m

Net cost of interest less value gain on financial instruments

$m

Operating costs

 

 

$m

CCHL parent

NPAT

 

$m

Ordinary dividends paid

 

 

$m

Special dividend paid to Council

$m

SOI target dividend payable

 

$m

88.7

(11.9)

(3.9)

72.9

52.7

140.0

195.3

Notes to the table: 

·      operating costs are higher than usual due to costs associated with the debt placement in the market; and

·      the ordinary dividend paid by CCHL to the Council is lower than the SOI target by $2.6 million reflecting an offset for its subvention receipt that was forgone for cash flow purposes.

 

4.3       For the 2018/19 financial year, CCHL is forecasting to pay the Council an ordinary dividend of $48.3 million and special dividends of $143.2 million (total $191.5 million).

4.4       The value of CCHL’s main investments is reported at $2.7 billion, up from $2.6 billion in 2016/17.

CCHL Group

4.5       The CCHL Group’s consolidated 2017/18 financial results are shown in the table below:

ACTUAL NPAT       

2017/18

$m

RETURN ON AVERAGE EQUITY

2017/18

PRIOR YEAR NPAT

2016/17

$m

PRIOR YEAR RETURN ON AVERAGE EQUITY

FORECAST

NPAT SOI 2017/18

$m

135.7

7.3%

116.4

6.4%

80.7

NPAT is $19.3 million higher than last year due to an increase in the value of CIAL’s investment properties of $53 million, compared with $36 million in 2017.

Compared with SOI target, NPAT is $55 million higher, largely due to CIAL’s increased profitability (value gain on investment properties) ($44 million), Orion’s lower operating costs ($6.5 million) and record container volumes and lower operating expenses at Lyttelton Port ($3 million).  City Care’s expected profit of $4.6 million was lower by $5 million - a loss of $0.4 million.

 

CCHL Subsidiaries

4.6       The financial performance of CCHL’s subsidiaries is summarised in the table below.

CCHL Subsidiary

ACTUAL NPAT

2017/18

$m

PRIOR YEAR ACTUAL NPAT

2016/17

$m

FORECAST

NPAT SOI 2017/18

$m

Dividends paid to CCHL

2017/18

$m

Return on equity

 

Orion NZ

53.3

51.8

46.8

49.5

7.9%

NPAT is $6.5 million above SOI target and $1.5 million above last year, due in part to lower net operating costs as a result of a mild winter with no significant weather events.

Christchurch International Airport

88.7

64.6

44.5

 

29.4

9.6%

CIAL’s NPAT is $44.2 million above the SOI target and $24.1 million above last year due to a revaluation gain on investment properties of $53 million (before tax), $17 million higher than the previous year’s gain; and growth in passenger numbers to 6.87 million (2017: 6.57 million).  Excluding the before tax revaluation gains, CIAL’s NPAT was $5 million better than its SOI forecast.

Lyttelton Port

12.2

14.4

9.0

8.6

2.5%

LPC’s NPAT is $3.2 million above the SOI target and $2.2 million lower than last year.

Reduction in NPAT against last year reflects increasing cost pressure including impact of the industrial action which has more than offset additional revenues from record container volumes at the Port (424,560 TEUs compared with last year’s 401,711).  Against the SOI, NPAT is better than projected due to the increase in container volumes less the additional costs associated with the industrial action.


 

Enable

(3.8)

(8.5)

(7.4)

0

0

ESL has returned a loss that is $3.6 million lower (better) than the SOI target, and $4.7 million lower (better) than last year.  It completed its communal network build 18 months ahead of schedule and has achieved an increase of 53% in gross telecommunications revenue as a direct result of increasing demand for fibre broadband from the wider community.

 

CCHL Subsidiary (cont)

ACTUAL NPAT

2017/18

$m

PRIOR YEAR ACTUAL NPAT

2016/17

$m

FORECAST

NPAT SOI 2017/18

$m

Dividend paid

2017/18

 

$m

Return on equity

 

City Care

(0.4)

3.5

4.6

0.8

0

City Care’s NPAT is $5 million lower than the SOI target and $3.9 million lower than last year.  The company has continued to face increasing operational pressure as demand for its construction services in Christchurch has materially slowed.   

Red Bus Ltd

0.1

0.2

0.2

0

0

Red Bus’s NPAT is $0.1 million lower than both the SOI target and last year’s result.

The result reflects a trend towards visitors undertaking independent travel which has impacted on the profitability of Red Travel.

EcoCentral

0.4

0.9

0.7

0.25

4.5%

EcoCentral’s NPAT is $0.3 million lower than the SOI target and $0.5 million lower than last year.

The result includes some impact from China’s ban on importation of recyclable materials which has led to reduced commodity prices.  The full impact of the ban will be felt in the 2018/19 financial year offset by financial arrangements made between the Council, CCHL and EcoCentral. 

Development Christchurch

(0.3)

0.2

0

0

0

DCL has recorded revenue of $9.7 million and acquired assets valued at $12.7 million during the year.  Funding of $9.7 million from the Council was applied to the provision of commercial advice and operational overheads (up to $3 million), the New Brighton Playground ($6 million) and the New Brighton Regeneration Project ($1 million). 

4.7       CCHL has advised in its report that it has been working closely with EcoCentral, City Care and Red Bus to address challenging operating conditions that are currently prevailing for each.

4.8       The CCHL Group is benefitting from CIAL’s investment in land, with value gains recognised in NPAT.  This year’s $53 million gain accounts for 39% of the Group’s NPAT.

Non-financial performance

4.9       The single most important health and safety measure is the occurrence of incidents that require notification to WorkSafe, and of those incidents, those that are then subject to a WorkSafe investigation.  At half year, we reported a City Care incident was being investigated by WorkSafe.  CCHL advises that at year end it is not aware of any outstanding investigations. 

4.10    CCHL and its subsidiaries each have numerous non-financial performance targets, most of which have been met.  These can be reviewed in CCHL’s report at Attachment B.

 

   

 

Attachments

No.

Title

Page

a 

CCHL Performance Report for 2017/18

 

b 

CCHL Annual Report 2017/18

 

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Linda Gibb - Performance Monitoring Advisor

Approved By

Len Van Hout - Manager External Reporting & Governance

Diane Brandish - Head of Financial Management

Carol Bellette - General Manager Finance and Commercial (CFO)

 


Council

25 October 2018

 

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25 October 2018

 

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Council

25 October 2018

 

Report from Finance and Performance Committee  – 3 October 2018

 

16.    Development Christchurch Ltd - Quarterly Progress Report, September 2018

Reference:

18/1038456

Presenter(s):

Rob Hall, Chief Executive – Development Christchurch Limited

 

 

 

1.  Staff and Finance and Performance Committee Recommendation to Council

 

That the Council:

1.         Receives Development Christchurch Ltd’s quarterly report dated September 2018.

 

 

Attachments

No.

Report Title

Page

1

Development Christchurch Ltd - Quarterly Progress Report, September 2018

250

 

No.

Title

Page

a

Development Christchurch Ltd - Quarterly Report dated September 2018

252

 

 


Council

25 October 2018

 

 

Development Christchurch Ltd - Quarterly Progress Report, September 2018

Reference:

18/887667

Presenter(s):

Rob Hall, Chief Executive, Development Christchurch Ltd

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Finance and Performance Committee to recommend that Council receives Development Christchurch Ltd’s (DCL) quarterly report, dated September 2018.

Origin of Report

1.2       This report is staff generated as a result of receiving DCL’s quarterly report.

2.   Significance

2.1       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by assessing the extent to which the decisions could have an impact on the community.

 

3.   Staff Recommendations

That the Finance and Performance Committee recommends that the Council:

1.         Receives Development Christchurch Ltd’s quarterly report dated September 2018.

 

4.   Key Points

4.1       DCL has submitted its quarterly report for September 2018.  Issues that are commercially sensitive are addressed in its companion paper in the Public Excluded Agenda.  

4.2       The report notes DCL’s expectation that ECan would issue resource consents for the New Brighton Hot Salt Water Pools within two weeks from the date the report was written (early September).  Staff understand the consents have been issued.

 

 

 

Attachments

No.

Title

Page

a 

Development Christchurch Ltd - Quarterly Report dated September 2018

 

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Linda Gibb - Performance Monitoring Advisor

Approved By

Len Van Hout - Manager External Reporting & Governance

Diane Brandish - Head of Financial Management

Carol Bellette - General Manager Finance and Commercial (CFO)

 


Council

25 October 2018

 

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25 October 2018

 

 

17.    Finance and Performance Committee Minutes - 3 October 2018

Reference:

18/1063483

Presenter(s):

Aidan Kimberley, Committee Advisor

 

 

1.   Purpose of Report

The Finance and Performance Committee held a meeting on 3 October 2018 and is circulating the Minutes recorded to the Council for its information.

2.   Recommendation to Council

That the Council receives the Minutes from the Finance and Performance Committee meeting held 3 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Finance and Performance Committee - 3 October 2018

256

 

 

Signatories

Author

Aidan Kimberley - Committee and Hearings Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

18.    Infrastructure, Transport and Environment Committee Minutes - 10 October 2018

Reference:

18/1074968

Presenter(s):

Samantha Kelly – Committee and Hearings Advisor

 

 

1.   Purpose of Report

The Infrastructure, Transport and Environment Committee held a meeting on 10 October 2018 and is circulating the Minutes recorded to the Council for its information.

2.   Recommendation to Council

That the Council receives the Minutes from the Infrastructure, Transport and Environment Committee meeting held 10 October 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Infrastructure, Transport and Environment Committee - 10 October 2018

262

 

 

Signatories

Author

Samantha Kelly - Committee and Hearings Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

19.    Innovation and Sustainable Development Committee Minutes - 26 September 2018

Reference:

18/1088034

Presenter(s):

Christopher Turner-Bullock, Committee Advisor

 

 

1.   Purpose of Report

The Innovation and Sustainable Development Committee held a meeting on 26 September 2018 and is circulating the Minutes recorded to the Council for its information.

2.   Recommendation to Council

That the Council receives the Minutes from the Innovation and Sustainable Development Committee meeting held 26 September 2018.

 

 

Attachments

No.

Title

Page

A

Minutes Innovation and Sustainable Development Committee - 26 September 2018

268

 

 

Signatories

Author

Christopher Turner-Bullock - Committee Advisor

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

20.    Draft Submission on the Building Amendment Bill

Reference:

18/1005208

Presenter(s):

Robert Wright, Heading of Building Consenting and Judith Cheyne, Associate General Counsel

 

 

1.   Purpose of Report

1.1       The purpose of this report is for the Council to approve the draft submission on the Building Amendment Bill (Attachment A).

2.   Staff Recommendations

That the Council:

1.         Approve the draft submission on the Building Amendment Bill (Attachment A).

3.   Background

 

3.1       The Building Amendment Bill proposes two new sets of powers to be included in the Building Act 2004:

3.1.1   improved powers that responsible persons under the Civil Defence Emergency Management Act 2002 (CDEM Act) and/or territorial authorities can use to manage buildings after an emergency; and

3.1.2   powers for the Ministry of Business Innovation and Employment (MBIE) to investigate building failures.

3.2       The proposed amendments seek to create a system that is clear, has proportionate impacts on personal and property rights, and ensures that heritage values are appropriately recognised.

3.3       Submissions on the Bill close on 25 October 2018. The Bill can be found at:

http://www.legislation.govt.nz/bill/government/2018/0094/latest/LMS73630.html?src=qs

3.4       The Bill results from submissions made on a consultation document published in 2015 that contemplated these changes.  That consultation document arose out of recommendations from the Royal Commission on the Canterbury Earthquakes, and recognising that the Canterbury and Kaikōura earthquakes highlighted gaps in current legislation for managing buildings after an emergency, including the need to better manage the transition from civil defence emergency management powers to business-as-usual powers under the Building Act.

3.5       Recommendations by the Regulatory Review Committee Inquiry into Parliament’s Legislative Response to Future National Emergencies (a matter Council also submitted on) have also influenced this Bill.

Managing buildings after an emergency

3.6       New subpart 6B to the Act contains a scheme for the designation of areas affected by emergencies, whether or not a state of emergency or a transition period under the CDEM Act is in place, and for the management of buildings in a designated area that pose a risk. The new scheme will apply to all ‘at risk’ buildings in the ‘designated area’. The amendments in the Bill —

·    provide powers to territorial authorities (and where a state of emergency or transition period is in force, the relevant civil defence emergency management person, all described as the ‘responsible person’ in the Bill) to manage buildings during and after an emergency event, including—

inspecting and placing notices on buildings:

evacuating and restricting entry to buildings:

closing roads and cordoning streets:

requiring further information from building owners, such as detailed engineering assessments:

demolishing or carrying out works to buildings that pose a risk of injury or death (including through impacts to critical infrastructure) or a risk of damage or disruption to neighbouring buildings, critical infrastructure, and public thoroughfares (costs can be recovered from building owners):

requiring building owners to remove or reduce risks posed by their building, on a case-by-case basis:

·    provide that the Minister for Building and Construction can choose to take direct action and make decisions to manage buildings, when warranted by the scale and impacts of an emergency event:

·    provide that the powers can be used when no state of emergency or transition period is in force:

·    provide that the powers are available for up to three years and can be extended, once only, for a further three years:

·    provide a requirement that territorial authorities review whether powers are still necessary every 90 days (this was a matter Council submitted on in the 2015 consultation seeking that it be extended to three months from the original one month that had been proposed):

·    provide for powers of varying durations of six months or three years (depending on the power):

·    provide that the carrying out of works on certain heritage buildings that pose a risk of injury or death is a ministerial decision and require consultation with Heritage New Zealand for works on other heritage buildings:

·    introduce a framework for recognising personal and property rights, including criteria governing the use of the powers, ensuring relevant parties are adequately consulted before decisions to undertake works are made, and an appeal process.

3.7       An area has to be designated under subpart 6B, before the powers in the first bullet point above are used.  Once a designation has been made these powers are to be used, with CDEM Act powers for buildings available only if necessary or desirable to remove or reduce risks.

3.8       During a state of emergency or transition period, the relevant CDEM Act decision-makers/responsible persons exercise the new Building Act powers.  If an emergency has occurred but CDEM Act provisions are not activated the area may be designated by the territorial authority that is responsible for the area (with the Minister’s approval), or by the Minister for Building and Construction directly.

3.9       Before a decision to designate is made:

3.9.1   the decision-maker must be satisfied that the decision is in the public interest and is necessary or desirable for the protection of persons, buildings, public thoroughfares, or critical infrastructure (or, if applicable, for the protection of persons or buildings from the effects of the insanitary condition of a building):

3.9.2   to the extent that it is practicable, the decision-maker must have regard to a number of matters, including the impact of the emergency, the likelihood of a further emergency occurring, and the principle that risks are preferably managed without the exercise of statutory powers.

3.10    So these powers are not intended to be something that is introduced lightly. 

3.11    There are also principles to be considered by a responsible person before any power under subpart 6B is exercised (once the designation decision has been made):

·   the paramount consideration in the exercise of those powers is the protection of human life and safety:

·   actions that result in the least restriction of an individual’s ability to continue to use and occupy his or her property are preferable:

·   actions taken should be proportionate to the risks being managed:

·   it is preferable that any restriction of that ability be for no longer than is reasonably necessary:

·   as the type and severity of risks arising from an emergency change over time, including the occurrence of further emergencies or other relevant events, it is important to use up-to-date information and information about possible future events.

3.12    The Bill also provides a mechanism to transfer directives made under the CDEM Act to the building emergency management powers in the Bill at the end of any state of emergency or transition period.  This means that even if the designation under the Building Act is not made until sometime after a state of emergency or transition period is declared, there will be continuity between the two processes.

3.13    Staff note that this Bill is not for the purpose of giving Councils (or others) powers to deal with buildings that are or become an eyesore following an emergency event.  The principles the Council must consider (see para 3.11 above), when exercising powers in the Act has the protection of human life and safety as its paramount consideration.  The public amenity from the general environment is not a principle to be considered; the focus is on buildings that pose risks to the community.

Investigating building failures

3.14    The Bill also proposes amendments to the Building Act that provide MBIE with a clear set of legislative powers to investigate significant building failures to determine the circumstances and causes of those failures.

3.15    The key focus of the proposed powers is to learn lessons in order to improve building regulation to help avoid similar occurrences in the future. The Bill proposes that the powers of investigation can be used only when there has been a building failure that resulted or could have resulted in serious injury or death.

3.16    There is no decision making function for Councils in relation to these powers, and no comment is included on these powers in the draft submission.

4.   Submission Points

4.1       There are a few issues which staff have concerns about in relation to the Bill, but in general the draft submission supports the intent of the Bill.  In addition to some minor submissions, the draft submission makes recommendations on the following:

4.1.1   That the powers of responsible persons (civil defence controllers, recovery managers, and Councils – where no civil defence powers have been declared after an emergency) to do works on buildings or require owners to do works on buildings need to be clarified.

4.1.2   Section 133BQ gives the responsible person power to evacuate a building, if they are ‘satisfied it is necessary’ to prevent the death or injury of any person in the designated area. In some cases the responsible person may have a suspicion about a building that cannot be confirmed (to the point of being satisfied it is necessary to evacuate) until the owner provides information requested under section 133BT.  The draft submission recommends a ‘reasonable cause to suspect’ provision be added, to allow the evacuation of buildings when the Council is still waiting for information from an owner.

4.1.3   The powers to erect safety measures (under s133BR) should also be clarified to allow a responsible person to place those measures on private land where necessary, but for appropriate agreements to be entered into by the owner of the building with any landowner (public or private) for the ongoing use of the land until the building issues are addressed.  The submission also suggests the owner should be paying for the measures after one month instead of three months currently in the Bill.

4.1.4   Staff also believe there remains a ‘gap’ in the legislation in relation to action that can be taken outside of an emergency event, in respect of earthquake-prone buildings.  These buildings generally can’t also be classed as dangerous buildings so, although the Council will have issued seismic notices, it may be some years before these buildings are remediated.  The draft submission recommends changes to the definition of dangerous building in section 121(1) for buildings in high seismic risk areas.  Alternatively, the draft submission recommends that powers be included to enable Councils to treat an earthquake-prone building (that, if it collapsed in an earthquake would affect a neighbouring building), as a dangerous building under section 121 (with appropriate amendments to subpart 6A) so more immediate remedial action can be required in respect of that specific type of earthquake-prone building.

 

 

 

Attachments

No.

Title

Page

a

Attachment to report - CCC Draft submission Building Amendment Bill Oct 2018

275

 

 

Signatories

Author

Judith Cheyne - Associate General Counsel

Approved By

Adela Kardos - Head of Legal Services

Robert Wright - Head of Building Consenting

Leonie Rae - General Manager Consenting and Compliance

  


Council

25 October 2018

 

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Council

25 October 2018

 

 

21.  Resolution to Exclude the Public

Section 48, Local Government Official Information and Meetings Act 1987.

 

I move that the public be excluded from the following parts of the proceedings of this meeting, namely items listed overleaf.

 

Reason for passing this resolution: good reason to withhold exists under section 7.

Specific grounds under section 48(1) for the passing of this resolution: Section 48(1)(a)

 

Note

 

Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:

 

“(4)     Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that resolution (or copies thereof):

 

             (a)       Shall be available to any member of the public who is present; and

             (b)       Shall form part of the minutes of the local authority.”

 

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 which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public are as follows:


Council

25 October 2018

 

 

 

ITEM NO.

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

SECTION

SUBCLAUSE AND REASON UNDER THE ACT

PLAIN ENGLISH REASON

WHEN REPORTS CAN BE RELEASED

22

Public Excluded Council Minutes - 27 September 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

23

Public Excluded Council Minutes - 4 October 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

24

Public Excluded Council Minutes - 11 October 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

25

Public Excluded Social, Community Development and Housing Committee Minutes - 3 October 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

26

Development Christchurch Ltd - Progress Report, September 2018

s7(2)(h), s7(2)(i)

Commercial Activities, Conduct Negotiations

The report includes updates on projects including negotiations and/or discussions with private parties.

When there are no longer valid grounds to withold the report under the Local Government Official Information and Meetings Act 1987.

27

Public Excluded Finance and Performance Committee Minutes - 3 October 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

28

Earlham Street Options

s7(2)(a), s7(2)(b)(ii), s7(2)(g), s7(2)(i)

Protection of Privacy of Natural Persons, Prejudice Commercial Position, Maintain Legal Professional Privilege, Conduct Negotiations

This report includes options that could adversely affect property negotiations.

On the Chief Executive being satisfied there are no longer any grounds in the LGOIMA for withholding the information.  Any subsequent release would be subject to the removal of personal information.

29

Public Excluded Infrastructure, Transport and Environment Committee Minutes - 10 October 2018

 

 

Refer to the previous public excluded reason in the agendas for these meetings.

 

30

Groundwater matters in South New Brighton

s7(2)(a), s7(2)(i)

Protection of Privacy of Natural Persons, Conduct Negotiations

To protect the privacy of the affected land-owner and so as not to prejudice the negotiations with him, and also to protect the personal privacy of the land owner/s.

If property purchase required, then a redacted version of this report could be released once the transaction is settled. 

31

Reserve Purchase Akaroa

s7(2)(a), s7(2)(b)(ii)

Protection of Privacy of Natural Persons, Prejudice Commercial Position

The Sale and Purchae agreement for a private residential property that will after a maximum of 5 years be available to the public as a reserve.

1 July 2023