Christchurch City Council

Agenda

 

 

Notice of Meeting:

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

 

Date:                                    Thursday 23 May 2019

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 James Gough

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Glenn Livingstone

Councillor Raf Manji

Councillor Tim Scandrett

Councillor Deon Swiggs

Councillor Sara Templeton

 

 

17 May 2019

 

 

 

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

23 May 2019

 

 


Council

23 May 2019

 

TABLE OF CONTENTS

 

1.        Apologies......................................................................................................... 4

2.        Declarations of Interest...................................................................................... 4

3.        Public Participation........................................................................................... 4

3.1       Public Forum...................................................................................................................... 4

3.2       Deputations by Appointment............................................................................................... 4

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

Council

5.        Council Minutes - 11 April 2019............................................................................. 5

6.        Council Minutes - 9 May 2019.............................................................................. 27

Staff Reports

7.        Community Organisation Loan Scheme - Christchurch Squash Club......................... 51

8.        Community Organisation Loan Scheme - Riccarton Leagues Club............................ 59

9.        Water Management Zone Committees Quarterly Reports....................................... 65

10.      Draft Integrated Water Strategy......................................................................... 73

11.      Memorandum of Understanding for Implementation of the Whakaraupō/Lyttelton Harbour Catchment Management Plan.......................................................................... 141

12.      Draft submission on reform of Overseas Investment Act....................................... 153

13.      Resolution to Exclude the Public...................................................................... 156  

 

 

 


Council

23 May 2019

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

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.

3.2.1

Christchurch Squash Club

Representatives of the Christchurch Squash Club will present a deputation to the Council regarding item 7 Community Organisation Loan Scheme – Christchurch Squash Club.

 

 

4.   Presentation of Petitions

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

 


Council

23 May 2019

 

 

5.     Council Minutes - 11 April 2019

Reference:

19/449027

Presenter(s):

Jo Daly, Council Secretary

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 11 April 2019.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 11 April 2019.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 11 April 2019

6

 

 

Signatories

Author

Jo Daly - Council Secretary

  


Council

23 May 2019

 

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Council

23 May 2019

 

 

6.     Council Minutes - 9 May 2019

Reference:

19/523405

Presenter(s):

Jo Daly, Council Secretary

 

 

1.   Purpose of Report

For the Council to confirm the minutes from the Council meeting held 9 May 2019.

2.   Recommendation to Council

That the Council confirm the Minutes from the Council meeting held 9 May 2019.

 

 

Attachments

No.

Title

Page

A

Minutes Council - 9 May 2019

28

 

 

Signatories

Author

Jo Daly - Council Secretary

  


Council

23 May 2019

 

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23 May 2019

 

 

7.     Community Organisation Loan Scheme - Christchurch Squash Club

Reference:

19/498447

Presenter(s):

Sam Callander, Community Funding Team Leader

 

 

1.   Purpose of Report

1.1       The purpose of this report to provide relevant information and a recommendation to the Council on an application from the Christchurch Squash Club to the Council’s Community Organisation Loans Scheme.

2.   Executive Summary

2.1       Christchurch Squash Club is constructing a replacement and expanded squash facility, following earthquake damage to its current facility.  It has requested a loan of $300,000 for this purpose. Based on financial analysis of the club, staff recommend approving a 10 year loan of $100,000. 

 

3.   Staff Recommendations

That the Council:

1.         Receive the information in this report and the attached Community Loans Scheme decision matrix.

2.         Approve a loan of $100,000 at the rate of 4.5% interest per annum, over a 10 year repayment term to Christchurch Squash Rackets Club Incorporated to contribute towards the expansion of changing facilities.

3.         Delegate authority to the Team Leader Community Funding to require security from Christchurch Squash Rackets Club Incorporated for repayment of the loan, and to implement such security arrangements on behalf of the Council.

 

4.   Context/Background

Issue or Opportunity

4.1       The total amount of funding available in the Community Organisation Loan Scheme for new applicants as at 2 May 2019 is $2,262,589.

4.2       The total loan pool is $3,140,454 with the balance of all current loans at $877,865

4.3       A schedule of all current outstanding Community Loans is attached.

4.4       The Community Organisation Loan Scheme is a revolving fund and distributions from the fund are dependent on all loan recipients being able to meet and service their debts as they fall due.

4.5       The Community Organisation Loan Scheme is a low-interest finance scheme designed to assist not-for-profit community organisations to improve or develop new or existing sport, recreation or community facilities and major projects. The loan interest rate is currently set at 4.5% per annum. The Council has the ability to award loan terms up to a maximum of ten years.

4.6       Decision matrix for a community loan to Christchurch Squash Club is provided to assist the Council in its deliberations. The matrix details the loan funding request and provides information, commentary and recommendations from staff.

Strategic Alignment

4.7       The decisions in this report relate to the Council’s Strategic Framework in that the facilities this loan would assist to build help the people of Christchurch connected with playing squash to achieve a strong sense of community, celebrating their identity through sport.

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

4.8.1   Activity: Community Development and Facilities

·     Level of Service: 2.3.1.1 Effectively administer the grants schemes for Council - 95% of reports demonstrate benefits that align to Council outcomes and priorities.

Assessment of Significance and Engagement

4.9       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

Key Points:

4.10    Christchurch Squash Rackets Club Inc. (CSRC) was incorporated in 1957. As per the club’s constitution its purpose continues to be to:

4.10.1 Foster and advance the game of squash in Canterbury.

4.10.2 Maintain and conduct a squash club.

4.10.3 Provide facilities for, promote, organise, regulate and conduct tournaments for members and the wider community.

4.11    The club is constructing a replacement squash facility, following earthquake damage to its current facility in Chester Street. The new facility will have additional courts (eight, up from five) to create a Canterbury based facility that is suitable for hosting national and international tournaments.

4.12    The club requested a loan of $300,000.

4.13    Staff initial assessment is that the club cannot afford the requested amount and it should be scaled back.

4.14    Average income over the past three years was circa $360,500 and expenses circa $377,000. Expenses include circa $22,700 of non-cash depreciation.

4.15    This provides the club approximately $6,200 of free cash a year before loan repayments.

4.16    A $100,000 loan over 10 years at 4.5% would require quarterly payments of $3,118 or $12,473 per annum.

4.17    The $100,000 with repayments of $3,118 per quarter is predicated on the club maximising the forecast growth in underlying membership and not revenue from licensed premises.  More specifically:

4.17.1 Christchurch Squash Club’s own cash flow projections indicate the club can repay a $300,000 loan over 10 years, based on the expectation of an increase in membership in the years following the completion of the new, larger facility. It has modelled this increase on the experience of the Devoy Centre in in Tauranga built in 2011 who’s membership grew quickly thanks to additional courts.

4.17.2 Council officers have carefully analysed the Squash Club’s projections and the likelihood of membership increases in the process of recommending Council approve a $100,000 loan.  Council officers believe servicing a $100,000 loan will be achievable assuming membership increases at two-thirds that of the Club’s predictions. In the officers’ assessment this expected increase is more realistic and therefore reasonable for the Council to invest in.

 

5.   Options Analysis

Options Considered

5.1       The following reasonably practicable options were considered and are assessed in this report:

5.1.1   Approve a $100,000 10 year loan (Preferred option).

5.1.2   Approve a $300,000 10 year loan.

5.1.3   Decline the application.

Options Descriptions

5.2       Preferred Option: Approve a $100,000 10 year loan

5.2.1   Option Description: Approve a $100,000 loan over 10 years; at 4.5% would require quarterly payments of $3,118 or $12,473 per annum.

5.2.2   Option Advantages

·    The Council’s Community Organisation Loan Scheme is utilised to assist this organisation to finance the completing its new facility

·    It is expected that this loan amount will be able to be serviced, taking into account some increase in membership

·    By approving this amount rather that applied for the Council significantly decreases its risk of the club defaulting on its loan

5.2.3   Option Disadvantages

·    A $200,000 shortfall would remain to be raised by the club.

5.3       Option Two: Approve a $300,000 10 year loan

5.3.1   Option Description: Approve a $300,000 loan over 10 years; at 4.5% would require quarterly payments of $9,355 or $37,420 per annum.

5.3.2   Option Advantages

·    The Council’s Community Organisation Loan Scheme is utilised to assist this organisation to finance the completing its new facility.

5.3.3   Option Disadvantages

·    Cashflow projections provided by the club relied on a % increase in membership to meet the loan repayments.

Approving the full $300,000 loan applied for would have a significant risk of repayment default, compromising the integrity and value of the Community Organisation Loan Scheme.

 

Analysis Criteria

5.4       In assessing this application, the following information has been taken into consideration.

5.4.1   The Council’s Community Grants funding outcomes and funding priorities.

5.4.2   Alignment with the primary intent of the loans fund to support immediate capital expenditure requests to undertake capital purchases, development and improvements.

5.4.3   Ability to meet all debt servicing commitments as they fall due without compromising the operational and financial stability of the applicant organisation and without recourse to Council grants funding.

5.4.4   Risk to the Council and also to the applicant organisation.

5.4.5   Ability to provide appropriate security in return for loan undertakings.

6.   Community Views and Preferences

6.1       There are 1,248 registered squash players throughout greater Christchurch across nine clubs. The new facility will see CSRC and Cashmere combine for an initial membership base of 562 (45% of the city’s player base).

6.2       Christchurch Squash has employed a Development Coach who is focussed on increasing participation as well as developing the game of squash for junior players. The Club has identified nine schools within a half hour walking distance of the new facility and will be offering free after school sessions.  The Development Coach will also work with a number of high schools across the city to build on the numbers taking part in the intermediate competition.

7.   Legal Implications

7.1       There is not a legal context, issue or implication relevant to this decision.

7.2       This report not been reviewed and approved by the Legal Services Unit.

8.   Risks

8.1       That the club defaults on its loan, decreasing the fund available for Community Organisation Loans.

 

 

Attachments

No.

Title

Page

a

Community Loans Matrix - Christchurch Squash Club

56

b

All Current Community Loans May 2019

57

 

 

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

Sam Callander - Team Leader Community Funding

Approved By

Michael Down - Finance Business Partner

John Filsell - Head of Community Support, Governance and Partnerships

Mary Richardson - General Manager Citizen and Community

  


Council

23 May 2019

 

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23 May 2019

 

 

8.     Community Organisation Loan Scheme - Riccarton Leagues Club

Reference:

19/428580

Presenter(s):

Sam Callander, Community Funding Team Leader

 

 

1.   Purpose of Report

1.1       The purpose of this report to provide relevant information and a recommendation to the Council on an application from Riccarton Leagues Club Inc. to the Council’s Community Organisation Loans Scheme.

2.   Executive Summary

2.1       Riccarton Leagues Club is extending its changing facilities at Crosbie Park and has requested a loan of $65,000 for this purpose. Based on financial analysis of the club, staff recommend approving a 10 year loan of $60,000.

 

3.   Staff Recommendations

That the Council:

1.         Receive the information in this report and the attached Community Loans Scheme decision matrix.

2.         Approve a loan of $60,000 at the rate of 4.5% interest per annum, over a 10 year repayment term to Riccarton Leagues Club Incorporated to contribute towards the expansion of changing facilities.

3.         Delegate authority to the Team Leader Community Funding to require security from Riccarton Leagues Club Incorporated for repayment of the loan, and to implement such security arrangements on behalf of the Council.

 

4.   Context/Background

Issue or Opportunity

4.1       The total amount of funding available in the Community Organisation Loan Scheme for new applicants as at 2 May 2019 is $2,262,589.

4.2       The total loan pool is $3,140,454 with the balance of all current loans at $877,865.

4.3       A schedule of all current outstanding Community Loans is attached.

4.4       The Community Organisation Loan Scheme is a revolving fund and distributions from the fund are dependent on all loan recipients being able to meet and service their debts as they fall due.

4.5       The Community Organisation Loan Scheme is a low-interest finance scheme designed to assist not-for-profit community organisations to improve or develop new or existing sport, recreation or community facilities and major projects. The loan interest rate is currently set at 4.5% per annum. The Council has the ability to award loan terms up to a maximum of ten years.

4.6       Decision matrix for a community loan to Riccarton Leagues Club Inc. is provided to assist the Council in its deliberations. The matrix details the loan funding request and provides information, commentary and recommendations from staff.

Strategic Alignment

4.7       The decisions in this report relate to the Council’s Strategic Framework in that the facilities this loan would assist to build help the people of Christchurch connected with softball, rugby league and touch rugby to achieve a strong sense of community, celebrating their identity through sport.

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

4.8.1   Activity: Community Development and Facilities

·     Level of Service: 2.3.1.1 Effectively administer the grants schemes for Council - 95% of reports demonstrate benefits that align to Council outcomes and priorities.

Assessment of Significance and Engagement

4.9       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

Key Points:

4.10    Riccarton Leagues Club is the parent body for a number of sporting sections, rugby league, softball and children’s touch rugby, playing in Canterbury competitions. Its main function is to provide and maintain facilities to their members and to raise the funds required to do so.

4.11    The club is looking to extend its changing facilities at Crosbie Park.

4.12    The club has requested a loan of $65,000.

4.13    The club’s main source of revenue is through its licensed premises.

4.14    Average income over the past three years was circa $36,400 and expenses circa $33,800. Expenses include circa $11,000 of non-cash depreciation.

4.15    This provides the club approximately $13,600 of free cash per year before repayments.

4.16    Financial analysis indicates that the maximum the club can service is a $60,000 loan over 10 years; at 4.5% this would require quarterly payments of $1,871 or $7,484 per annum.

 

5.   Options Analysis

Options Considered

5.1       The following reasonably practicable options were considered and are assessed in this report:

5.1.1   Approve a $60,000 10 year loan (Preferred option).

5.1.2   Approve a $65,000 10 year loan.

5.1.3   Decline the application.

Options Descriptions

5.2       Preferred Option: Approve a $60,000 10 year loan

5.2.1   Option Description: Approve a $60,000 loan over 10 years; at 4.5% this would require quarterly payments of $1,871 or $7,484 per annum.


 

5.2.2   Option Advantages

·    Financial analysis indicates that the maximum the club can service is a $60,000 loan over 10 years; at 4.5% this would require quarterly payments of $1,871 or $7,484 per annum.

5.2.3   Option Disadvantages

·    A $5,000 shortfall would remain to be raised by the club.

Analysis Criteria

5.3       In assessing this application, the following information has been taken into consideration.

5.3.1   The Council’s Community Grants funding outcomes and funding priorities.

5.3.2   Alignment with the primary intent of the loans fund to support immediate capital expenditure requests to undertake capital purchases, development and improvements.

5.3.3   Ability to meet all debt servicing commitments as they fall due without compromising the operational and financial stability of the applicant organisation and without recourse to Council grants funding.

5.3.4   Risk to the Council and also to the applicant organisation.

5.3.5   Ability to provide appropriate security in return for loan undertakings.

6.   Community Views and Preferences

6.1       Riccarton Leagues Club has 360 members from the various sports, 200 are junior members. Junior rugby league is on the rise, as is softball playing numbers, both junior and senior. Junior Rugby League has gone up from 65 players in 2017 to 80 in 2018 and an expected 100 for 2019. Softball numbers remain buoyant with 92 seniors and 112 juniors for 2018/19 season.

6.2       Canterbury Rugby League have written a letter of support for the extension, acknowledging that the current changing facilities are “inadequate for the number of fixtures routinely scheduled for the grounds.” Adding that this was the case pre-earthquakes and since then the number of matches has doubled.

7.   Legal Implications

7.1       There is not a legal context, issue or implication relevant to this decision.

7.2       This report not been reviewed and approved by the Legal Services Unit.

8.   Risks

8.1       That the club defaults on its loan, decreasing the fund available for Community Organisation Loans.

 

 

Attachments

No.

Title

Page

a

Riccarton Leagues Community Loans Matrix

63

b

All Current Community Loans May 2019

64

 

 

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

Sam Callander - Team Leader Community Funding

Approved By

Michael Down - Finance Business Partner

John Filsell - Head of Community Support, Governance and Partnerships

Mary Richardson - General Manager Citizen and Community

  


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23 May 2019

 

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23 May 2019

 

 

9.     Water Management Zone Committees Quarterly Reports

Reference:

19/476703

Presenter(s):

Benita Wakefield, Banks Peninsula zone committee chair
Arapata Reuben, Christchurch-West Melton zone committee chair
Megan Hands and Les Wanhalla, Selwyn-Waihora zone committee co-chairs

 

 

1.   Purpose of Report

1.1       The purpose of this report is for the Council to receive the latest quarterly reports from the water management zone committees (Attachments A).

2.   Executive Summary

2.1       Christchurch is located within three water management zones: Christchurch-West Melton, Banks Peninsula and Selwyn-Waihora.

2.2       Under the Canterbury Water Management Strategy water management zone committees were established as joint committees of Environment Canterbury and the district council(s) within the zone in accordance with the Local Government Act 2002.  Each zone committee has one Environment Canterbury councillor, one elected member from each district council within the zone, one member from each rūnanga in the zone and four to seven members of the community.

2.3       The purpose and function of the zone committees are to:

·   facilitate community involvement in the development, implementation, review and updating of Zone Implementation Programmes that gives effect to the Canterbury Water Management  Strategy

·   monitor progress of the implementation of their Zone Implementation Programmes.

 

3.   Staff Recommendations

That the Council:

1.         Receive the information in the zone committees’ update reports.

 

 

 

Attachments

No.

Title

Page

a

March-May 2019 Zone Committees Update Report

67

 

 


 

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

Diane Shelander - Senior Policy Analyst

Approved By

Emma Davis - Head of Strategic Policy

Brendan Anstiss - General Manager Strategy and Transformation

  


Council

23 May 2019

 

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23 May 2019

 

 

10.   Draft Integrated Water Strategy

Reference:

19/404953

Presenter(s):

Emma Davis, Head of Strategic Policy

 

 

1.   Purpose of Report

1.1       The purpose of this report is to seek Council approval for public consultation on the draft Integrated Water Strategy.

2.   Executive Summary

2.1       The Council currently has three existing water-related strategies

·   Water Supply Strategy 2009-2039

·   Surface Water Strategy 2009-2039

·   Wastewater Strategy 2013

2.2       Both the water supply and surface water strategies were adopted before the earthquakes and are due for review. As part of the review, there was a decision to develop a single, overarching integrated water strategy to better ensure there was integration across the ‘three waters’.

2.3       A draft Integrated Water Strategy has been prepared, for which approval for public consultation is being sought.

 

3.   Staff Recommendations 

That the Council:

1.         Approve the draft Integrated Water Strategy for public consultation.

 

4.   Context/Background

Opportunity

4.1       The Draft Integrated Water Strategy is intended to provide high-level strategic guidance and inform/guide other Council strategies, policies and plans; in particular the 30-Year Infrastructure Strategy and asset management plans. The Strategy will also be given effect operationally through implementation plans. Implementation plans are being/will be prepared for:

·        Water supply

·        Wastewater

·        Stormwater

·        Flooding/floodplain management

4.2       As part of the development of the Integrated Water Strategy the following was completed between 2015 and 2017:

·   Situational analysis – a report on the current state of the ‘three waters’: water supply, wastewater and stormwater (including flooding and floodplain management)

·   Discussions with the three zone committees

·   Stakeholder workshops with elected members, external groups and rūnanga

·   Issues and options report incorporating feedback from stakeholder workshops

·   First internal draft strategy

·   Rūnanga review and feedback from MKT on first internal draft

·   Te Rūnanga hui

·   Additional content on flooding and floodplain management

·   Updating internal draft to take into account Havelock North Drinking Water Inquiry.

4.3       Demand on staff time and key stakeholders due to the Comprehensive Stormwater Network Discharge Consent and the water supply improvement programme have posed challenges for progressing the strategy as quickly as desired.

4.4       Due to the extended timeframe taken to develop the Draft Integrated Water Strategy, further consultation and feedback has been sought from key stakeholders to validate/improve draft strategy prior to public consultation. Engagement includes:

·   Te Rūnanga hui –February 2019

·   Zone committee workshop – 3 April 2019

·   Environment Canterbury staff – 15 April 2019

·   Elected member briefing – 29 April 2019

·   Community Board Chairs and staff briefing – 3 May 2019.

Strategic Alignment

4.5       This report is aligned with the Council’s safe and sustainable water supply and improved waterways strategic priority and the healthy environment community outcome.

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

4.6.1   Activity: Strategic Planning and Policy

·     Level of Service: 17.0.1.1 Advice to Council on high priority policy and planning issues that affect the City. Advice is aligned with and delivers on the governance expectations as evidenced through the Council Strategic Framework - No target FY18/19. Target FY19/20:Recon

Assessment of Significance and Engagement

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

4.8       The level of significance was determined by the fact that the decision to publicly consult is not a statutory one, as the draft strategy is not a statutory document.

 

5.   Community Views and Preferences

5.1       Community and stakeholder views have been sought during the course of the development of the strategy, most recently as indicated in section 4.4 above.

5.2       The purpose of this report is to seek approval for public consultation on the draft Integrated Water Strategy for which the public and stakeholders will be able to have their say.


 

6.   Legal Implications

6.1       There is not a legal context, issue or implication relevant to this decision.

6.2       This report has not been reviewed nor approved by the Legal Services Unit.

7.   Risks

7.1       Environment Canterbury public consultation on amendments to the Land and Water Regional plan are anticipated in June or July. Any risk associated with potential confusion about the public consultation on the draft Integrated Water Strategy can be managed by providing clear guidance on what is being sought.

8.   Next Steps

8.1       Once an approved draft strategy has been granted approval for public consultation the document prepared for publication.

8.2       It is anticipated that public consultation would begin in late June or early July.

 

 


Council

23 May 2019

 

 

 

Attachments

No.

Title

Page

a

Draft Integrated Water Strategy

78

 

 

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

Authors

Sarah Hemmingsen - Senior Advisor

Diane Shelander - Senior Policy Analyst

Approved By

Emma Davis - Head of Strategic Policy

Helen Beaumont - Programme Manager - Water Supply

Brendan Anstiss - General Manager Strategy and Transformation

  


Council

23 May 2019

 

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Council

23 May 2019

 

 

11.   Memorandum of Understanding for Implementation of the Whakaraupō/Lyttelton Harbour Catchment Management Plan

Reference:

19/335289

Presenter(s):

David Adamson, General Manager City Services

 

 

1.   Purpose of Report

1.1       To ask Council to delegate, to the Deputy Mayor, the power to sign the Memorandum of Understanding in relationship to the implementation of the Whakaraupō/Lyttelton Harbour Catchment Management Plan.

2.   Executive Summary

2.1       Council has been working in partnership with Canterbury Regional Council, Lyttelton Port Company, Te Hapū o Ngāti Wheke and Te Rūnanga o Ngāi Tahu to provide an integrated approach to the management of the Lyttelton harbour. A management plan has been published and the attached Draft Memorandum of Understanding outlines how the parties will work together to deliver the outcomes related to this management plan.

 

3.   Staff Recommendations 

That the Council:

1.         Delegates the authority to approve any minor wording changes and sign the Memorandum of Understanding in relation to the implementation of the Whakaraupō/Lyttelton Harbour Catchment Management Plan to the Deputy Mayor.

 

4.   Context/Background

Issue or Opportunity

4.1       In 2015 Council made a commitment to work together with Canterbury Regional Council, Lyttelton Port Co Ltd, Te Te Hapū o Ngāti Wheke and Te Runanga o Ngāi Tahu to develop a catchment management plan for Whakaraupō/Lyttelton harbour. The key objective of this agreement was to restore the ecology and cultural health of the harbour as mahinga kai. In March 2018 the collaborative group published “Whaka-Ora Healthy Harbour ki uta ki tai”.

4.2       The signing of this agreement gives Council the opportunity to further show its commitment to its partners into the health of the Lyttelton harbour at environmental, cultural, social and economic levels.

4.3       The Memorandum of Understanding was tabled at the partners working group meeting in March 2019. All parties agreed with the wording of the Memorandum of Understanding and have signalled that they would all like to sign in June 2019. The Memorandum of Understanding has been debated by the partners and therefore any changes to the memorandum are extremely unlikely and if they do occur they are likely to be very minor.

Strategic Alignment

4.4       The signing of this Memorandum of Understanding strongly aligns with Council strategic framework.

4.5       It supports the community outcomes of healthy and sustainable environment as well as prosperous economy.

4.6       In relation to Council strategic directions it contributes to safe and sustainable water supply and waterways, prosperous and innovative 21st-century Christchurch, active citizens and connected communities as well as climate change leadership.

4.7       This report does align with Council's Long Term Plan (2018 - 2028).

Decision Making Authority

4.8       Legal advice has indicated that Council is a decision-making authority and needs to delegate its authority in this matter for the signing of this Memorandum of Understanding.

Previous Decisions

4.9       As highlighted above, in 2015 Council made a commitment to work together with key partners to ensure the partners work together to restore the ecological and cultural health of the Lyttelton Harbour.

Assessment of Significance and Engagement

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

4.11    The level of significance was determined by based on the significance criteria used by the Council.

 

5.   Options Analysis

Options Considered

5.1       The following reasonably practicable options were considered and are assessed in this report:

·   Option one: Council delegates to the Deputy Mayor the authority to approve minor wording changes and sign this Memorandum of Understanding.

·   Option two: Council does not delegate the authority to approve in regard to this Memorandum of Understanding.

Options Descriptions

5.2       Option One; Preferred Option: Option One; Delegation to sign the Memorandum of Understanding -

5.2.1   Option Description: This option delegates the authority to approve minor changes and signed the Memorandum of Understanding.

5.2.2   Option Advantages

·     The key advantage of this option is Council will be able to sign the agreement alongside our other partners at a ceremony in June 2019.

5.2.3   Option Disadvantages

·     There are no disadvantages considered significant with this option.

5.3       Option Two; non-delegation

5.3.1   Option Description: Council does not delegate the authority to approve minor changes and sign this Memorandum of Understanding.

5.3.2   Option Advantages

·     There are no significant advantages seen in this option.

5.3.3   Option Disadvantages

·     The major disadvantage in this option is that Council would not be able to have a representative present to sign this Memorandum Understanding with our partners in June 2019.

Analysis Criteria

5.4       The signing of this Memorandum of Understanding is a clear indication of Council’s commitment to a healthy and sustainable environment. The management plan and website already developed in this partnership have received accolades from both the community and professionals alike. The delegation of the authority to sign will enable Council to stand alongside our partners in June 2019 and celebrate what is considered to be another significant milestone in this successful project.

6.   Community Views and Preferences

6.1       Community views have not been specifically canvassed regarding the signing of this Memorandum of Understanding but the signing reflects a commitment already made by Council and the work covered by this Memorandum of Understanding strongly supported right around the Whakaraupo / Lyttelton Harbour basin.


7.   Legal Implications

7.1       The attached Memorandum of Understanding  has been reviewed and no contractual issues have been identified by the Legal Services Unit

8.   Risks

8.1       There are no risks associated with the signing of this memorandum.

9.   Next Steps

9.1       If Council delegates signing authority, the Deputy Mayor will represent Council at the next meeting of the partnership, and sign alongside the other parties.

 


Council

23 May 2019

 

10. Options Matrix

Issue Specific Criteria

Criteria

Option 1

Option 2

Option 3

Financial Implications

Cost to Implement

Zero*

Zero

 

Maintenance/Ongoing

Zero

Zero

 

Funding Source

Zero

Zero

 

Impact on Rates

Zero

Zero

 

Sustainable environment

Strongly reflects Council commitment

Does not reflect Council’s commitment

 

Safe and sustainable waterways

Strongly reflects Council’s commitment

Does not reflect Council’s commitment

 

Climate change leadership

Reflects the foresight been delivered as part of this partnership

Does not support the foresight been delivered as part of this partnership

 

Future generation impacts

Reflects the long-term solutions been put in place by this partnership

Does not reflect the long-term solutions put in place by this partnership

 

 

Statutory Criteria

Criteria

Option 1

Option 2 -

Option 3 -

Impact on Mana Whenua

Show strong support

Could impact on reputation

 

Alignment to Council Plans & Policies

Aligns with strategic direction

Does not aligned with strategic direction

 

 

 

 

 

·   * Council’s commitment to projects are reflected in our current budgets and future opportunities will be integrated into Council is a long-term and annual plans.


Council

23 May 2019

 

 

 

Attachments

No.

Title

Page

a

Draft - Whakaraupo Memorandum of Understanding

146

 

 

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

Clive Appleton - Team Leader Natural Environment

Approved By

David Adamson - General Manager City Services

  


Council

23 May 2019

 

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Council

23 May 2019

 

 

12.   Draft submission on reform of Overseas Investment Act

Reference:

19/488720

Presenter(s):

Emma Davis, Head of Strategic Policy

 

 

1.   Purpose of Report

1.1       The purpose of this report is for the Council to approve its submission on phase two of the reform of the Overseas Investment Act 2005 (Attachment A).

2.   Executive Summary

2.1       The Treasury have released a discussion document concerning a second phase of changes to the Act, to consider changes to the manner in which proposals for overseas investments in New Zealand’s ‘sensitive assets’ are screened. The Government is seeking feedback on:

·   What is screened

·   Who is screened

·   How the screening process is conducted

2.2       The draft Council submission (Attachment A) will be circulated under separate cover.

 

3.   Staff Recommendations

That the Council:

1.         Approve the draft submission.

 

4.   Context/Background

Issue or Opportunity

4.1       The Government is currently seeking feedback on phase two of a reform of the Overseas Investment Act 2005.

4.2       Submissions on the Government’s consultation document close on 24 May 2019.

4.3       In 2018 the first phase of reform of the Overseas Investment Act 2005 (the Act) was undertaken, which streamlined the consent process for certain investments in forestry and tightened the rules for residential property investments.

4.4       The Treasury have released a discussion document concerning a second phase of changes to the Act, to consider changes to the manner in which proposals for overseas investments in New Zealand’s ‘sensitive assets’ are screened. The Government is seeking feedback on:

·   assets for which overseas investments would require consent to own or control, in particular

·     whether ‘sensitive adjoining land’ is defined too broadly and should be narrowed

·     whether leases of sensitive land should be treated differently than purchases of sensitive land (currently the screening process is the same for both)

·   the entities for which screening would be undertaken (that is, determining an ‘overseas person’ for the purpose of the Act), specifically

·     what constitutes a New Zealand owned or controlled company

·   the screening process for determining whether an ‘overseas person’ can acquire a ‘sensitive asset’ including the extent to which decision-makers can explicitly consider water extraction, Māori cultural values, and tax residency when assessing applications, in particular:

·     assessment of investors’ character and capacity

·     extent of the benefit to New Zealand

·     consideration of issues relating to Maori cultural values

·     consideration of issues relating to water extraction as it applies to water bottling

4.5       With respect to whether water extraction for water bottling should be explicitly included in the assessment process, Treasury notes that there are “some public concerns about overseas investments involving water bottling” including “potential environmental effects and that overseas persons may profit from a high-value resource without paying a charge”.

4.6       The Government has also signalled that it is considering how to introduce a charge on exports of water as a separate piece of work from the reform of the Act.

4.7       The Government aims to have a reform bill passed in mid-2020. There will be another opportunity for public feedback when the proposed new law is being considered by Parliament, which is expected to occur in late 2019 or early 2020.

Key points

4.8       The draft submission (Attachment A) is proposed to include the following points:

·   Water is a sensitive asset that needs to be treated as such in the Act.

·   The terms of reference for the review of the Act should not be constrained to current screening processes.

·   Water bottling applications should not be considered only where they may be on or near 'sensitive land' or where an investment threshold is reached, but also assessed based on national interest.

·   The Act should be amended to:

·     allow for assessments of water bottling application to consider environmental impacts and benefits.

·     expand the 'good character test' to include corporate entities, not just assess individuals.

·     consider not only benefits but economic, environmental, social and cultural costs.

·     consider implications of applications on NZ's national security.

4.9       There will be another opportunity to submit on reform of the Act when the proposed new law is being considered by Parliament, expected to be late 2019 or early 2020.

 

Attachments

No.

Title

Page

a

Draft submission Overseas Investment Act May 2019 (Under Separate Cover)

 

 

 

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

Authors

Diane Shelander - Senior Policy Analyst

Brent Pizzey - Associate General Counsel

Gavin Thomas - Principal Advisor Economic Policy

Approved By

Emma Davis - Head of Strategic Policy

Brendan Anstiss - General Manager Strategy and Transformation

   

 


Council

23 May 2019

 

 

13.   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

23 May 2019

 

 

 

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

14

Public Excluded Council Minutes - 11 April 2019

 

 

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

 

15

Public Excluded Council Minutes - 9 May 2019

 

 

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

 

16

Appointment of District Licensing Committee Commissioner and List Member

s7(2)(a)

Protection of Privacy of Natural Persons

The Council has been through a recruitment process and it would be usual to consider appointments of this nature in a confidential environment.

The outcome of any sucessful appointments will be made public on the DLC webpage but any requests for the report will be considered on a case by case basis as is required by the LGOIMA.

 

Secretarial Note:  Due to an administration error details of the public excluded report 17. Community Resilience Partnership Fund were not included in the initially published agenda. 

17

Community resilience partnership fund

s6(b)

s7(2)D

PERSONAL SAFETY

PROTECTION OF HEALTH OR SAFETY OF NATURAL PERSONS

to protect the safety of the applicant

The report may be released on the General Manager Citizens and Community being satistfied there are no longer GOUNDS in the Act for continuing to with hold it.