Agenda of Council - Wednesday, 15 February 2023

Council

15 February 2023

5. Draft submission on Inquiry into the 2022 Local Elections
Reference / Te Tohutoro:	23/83176
Report of / Te Pou Matua:	Jo Daly, Electoral Officer (jo.daly@ccc.govt.nz)
General Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The Council will be asked to consider the draft submission on the Inquiry into Local Elections. Submissions are due Tuesday 14 February 2023 but Council staff have arranged for the final submission to be provided to the Justice Committee by 9am Thursday 16 February 2023

1.2 The Justice Committee are calling for submissions on their inquiry into last year's local election. The terms of reference for the inquiry include low voter turnout, provision of election services by private organisations and the age of eligible voters. Following each triennial election the Justice Committee reviews the law and administration procedures surrounding the conduct of elections conducted under the Local Electoral Act 2001 and the Local Electoral Regulations 2001.

1.3 The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. This recognises that while there may be significant community interest in the inquiry into last year’s local election, the specific decision (to approve the Council submission) is of a low level of significance.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Delegate to the Mayor to approve the final Council submission on the Inquiry into the 2022 Local Elections (Attachment A Under Separate Cover).

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 The Justice Committee is looking into issues arising from the last year’s local elections, and has initiated this inquiry. The Council regularly makes submissions on proposals which may significantly impact Christchurch residents or Council business.

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 The alternative option to the recommendation outlined above is for the Council to not make a submission in this case. This is not the preferred option as it is important for the Council to advocate on issues that affect the Christchurch community, Council business and our strategic priorities.

5. Detail Te Whakamahuki

5.1 Following each triennial election the Justice Committee holds an inquiry into the conduct of the elections. The Committee has therefore initiated the Inquiry into the 2022 Local Elections. The Committee will examine the law and administrative procedures for the conduct of the 2022 local elections.

5.2 The terms of reference for the inquiry are:

5.2.1 Low voter turnout

5.2.2 The provision of election services by private organisations, with particular reference to:

· Special voting

· Provision of ballot papers

· Complaint processes

· Accountability for local elections

· Postal voting (including security of ballots and whether postal voting is an effective method of receiving votes)

5.2.3 The age of eligible voters (with reference to lowering the age of eligible voters to 16 years).

5.3 The inquiry was initiated on Thursday 8 December 2022 and more information on the inquiry can be found at https://www.parliament.nz/en/pb/sc/make-a-submission/document/53SCJU_SCF_INQ_130198/inquiry-into-the-2022-local-elections

5.4 Submissions are due Tuesday 14 February 2023. Council staff have arranged to provide this submission before 9am Thursday 16 February, to allow the Mayor and Councillors to consider the Council’s the response at the Council meeting on 15 February 2023.

5.5 The decision affects all wards/Community Board areas.

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

6.1 This decision aligns with the Council’s Strategic Framework, particularly the community outcome: active participation in civic life.

6.2 This report supports the Council's Long Term Plan (2021 - 2031):

6.2.1 Activity: Governance and decision-making

· Level of Service: 4.1.2.3 Provide a triennial local government election (October 2022) - 100% of year 2 milestones achieved,

Policy Consistency Te Whai Kaupapa here

6.3 The decision is consistent with Council’s Plans and Policies.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.4 The decision does not a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does specifically impact Mana Whenua, their culture and traditions.

6.5 The decision does not involve a matter of interest to Mana Whenua and will not impact on our agreed partnership priorities with Ngā Papatipu Rūnanga.

6.6 The opportunity to make submissions to the Inquiry is open to all persons.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.7 There are no direct climate change implications associated with making a submission on the Inquiry.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.8 There are no direct accessibility implications associated with making a submission on the Inquiry.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement - The cost of preparing a submission is met from existing budgets.

7.2 Maintenance/Ongoing costs - There will be no ongoing costs associated with making this submission.

7.3 Funding Source - Existing operational budgets.

8. Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

8.1 The consultation on this Inquiry is open to the public and any legal person can make a submission to the Justice Select Committee.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2 There is no legal context, issue or implication relevant to the decision to approve this submission.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 There are no significant risks associated with this decision.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a	Draft Submission to the Inquiry into the 2022 Local Elections (Under Separate Cover)

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Authors

Jo Daly - Director, Independent Hearings Panel

Ellen Cavanagh - Senior Policy Analyst

Approved By

Helen White - Head of Legal & Democratic Services

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

Council

15 February 2023

6. Draft submissions on Water Services Reform Bills
Reference / Te Tohutoro:	22/1359378
Report of / Te Pou Matua:	Diane Shelander, Senior Advisor Climate Resilience (diane.shelander@ccc.govt.nz) Sara Hames, Principal Advisor Policy (sara.hames@ccc.govt.nz)
General Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 Staff have drafted Council submissions on the Water Services Legislation (WSL) Bill and Water Services Economic Efficiency and Consumer Protection (WEECP) Bill. The Council will be asked to approve both submissions to allow them to be submitted to the Select Committee on or before the Friday 17 February 2023 deadline.

1.2 The WSL and WSEECP Bills are the second and third pieces of legislation in the Government's reform of three water services.

1.3 The Council submitted on the first piece of water services legislation, the Water Services Entities Act 2022, in July 2022.

1.4 The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. This recognises that while there may be significant community interest in these proposals, the specific decision (to approve the Council submissions) is of a lower level of significance.

2. Officer Recommendations / Ngā Tūtohu

That the Council:

1. Approve the submission on the Water Services Legislation Bill (Attachment A under separate cover), to be submitted to the Select Committee by Friday 17 February 2023.

2. Approve the submission on the Water Services Economic Efficiency and Consumer Protection Bill (Attachment B under separate cover), to be submitted to the Select Committee by Friday 17 February 2023.

3. Reason for Report Recommendations / Ngā Take mō te Whakatau

3.1 The Council regularly makes submissions on proposals which may significantly impact Christchurch residents or Council business. Making submissions is an important way to influence national policies and legislation development.

3.2 Submitting on these Bills gives Council an opportunity to provide constructive feedback to the Select Committee to ensure that Christchurch city obtains the best outcomes possible in light of the Government’s three waters reform programme.

4. Alternative Options Considered / Ētahi atu Kōwhiringa

4.1 The alternative option to the recommendation outlined above is for the Council to not make a submission on these proposals. This is not the preferred option as it is important for the Council to advocate on issues that affect the Christchurch community, Council business and our strategic priorities.

5. Detail / Te Whakamahuki

Three waters reform programme

5.1 The Government initiated the Three Waters Reform programme in mid-2020. The key element in the programme is the proposal to establish four entities to assume the responsibility for delivering drinking water, wastewater and stormwater services in New Zealand.

5.2 The first piece of legislation for the creation of the four entities was the Water Services Entities Act 2022. The Council submitted on the legislation on 21 July 2022.

5.3 The Water Services Entities Act 2022 received royal assent on Wednesday 14 December 2022. The Act:

· established four water services entities (WSEs)

· described the geographical extent of each WSE

· described the overall structure and governance of WSEs, as well as providing for general transitional arrangements.

5.4 Attachment C shows the service areas for each of the four WSEs, as described in the Water Services Entities Act 2022.

New water reform legislation was introduced late 2022

5.5 Both the WSL and WSEECP Bills were introduced in Parliament on Thursday 8 December 2022 and had their first readings on Wednesday 14 December 2022.

5.6 Public consultation for both Bills will close Sunday 12 February 2023. The consultation period for local government closes Friday 17 February 2023.

5.7 The Government has previously indicated that it intends to have fully enacted this legislative programme before the 2023 general election.

Water Services Legislation Bill

5.8 The WSL is the second piece of legislation relating to the provision of water services (water supply, wastewater and stormwater).

5.9 The WSL Bill is a highly complex piece of legislation covering a variety of matters. It makes a number of amendments to the Water Services Entities Act 2022, and other Acts including the Local Government Act 2002, Water Services Act 2021, Health Act 1956 and Climate Change Response Act 2022.

5.10 This Bill is intended to establish and empower WSEs by setting out their functions, powers, obligations, and oversight arrangements, including:

· implementation arrangements for the WSEs, including provisions relating to the transfer of assets, liabilities, and other matters from local authorities to the new entities;

· service delivery functions and powers, to enable WSEs to deliver water services in place of local authorities;

· regulatory functions and powers, to enable WSEs to make rules, plans, and other instruments relating to water services, and engage in compliance and enforcement activities;

· pricing and charging arrangements for water services;

· changes to Treaty settlement legislation that are required to ensure that settlement obligations are carried forward from territorial authorities to the WSEs;

· changes to legislation relating to regulation and service delivery of water services.

5.11 The draft submission (Attachment A) includes the following key submission points:

· We are disappointed with the timeframes provided for submissions, and the lack of meaningful consultation that has been undertaken throughout the reform process.

· The transfer of stormwater and flood management assets and services remains very unclear and we continue to oppose the transfer of stormwater management.

· There remains a lack of public accountability in the governance structure.

· There are many oversights in this Bill that could lead to a loss of public amenity and services.

· We continue to express concern at the lack of alignment in the Government programme of reform.

· There are potential implications for the Council in collecting water services entity’s charges that have not been considered.

· The flow on implications to the Councils operating practices and procedures have not been sufficiently acknowledged.

5.12 There are also a number of technical errors or inconsistencies within the Bill that we have raised.

Water Services Economic Efficiency and Consumer Protection Bill

5.13 The WSEECP Bill introduces the economic regulation and consumer protection measures for three waters.

5.14 The Bill appoints the Commerce Commission as the economic and consumer protection regulator for the four new WSEs. The Commission will:

5.14.1 obtain and publish information about the WSEs so that the public has accurate information on how their supplier is performing;

5.14.2 set performance requirements and quality standards for the WSEs;

5.14.3 apply price-quality regulation to ensure money is used efficiently and prices are reasonable;

5.14.4 set and enforce minimum service level codes.

5.15 A Water Services Commissioner will also be established within the Commission to reflect the unique nature of the water sector and the importance of Te Mana o te Wai.

5.16 The draft submission (Attachment B) includes the following key submission points:

· We are disappointed with the timeframes provided for submissions, and the lack of meaningful consultation that has been undertaken throughout the reform process.

· The need to ensure that water services are delivered efficiently and fairly for our community.

· Our opinion is that information disclosure is the most important step to regulating the entities effectively.

· There is a need to ensure alignment of standards and regulations.

· We stress the need to sufficiently engage and consult with communities throughout the creation of the regimes.

· Technical feedback to address ambiguity in the Bill.

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment /Te Rautaki Tīaroaro

6.1 This report supports the Council's Long Term Plan (2021 - 2031):

6.1.1 Activity: Strategic Planning, Future Development and Regeneration

· 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. - Triennial reconfirmation of the strategic framework or as required.

Policy Consistency / Te Whai Kaupapa here

6.2 The decision is consistent with Council’s Plans and Policies.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.3 The WSL Bill provides for mana whenua representation on each WSE’s Regional Group. As with the Water Services Entities Act 2022, this Bill also required the WSEs to give effect to Te Tiriti o Waitangi and to the principle of Te Mana o Te Wai.

6.4 The Council has engaged with Te Rūnanga o Ngāi Tahu on the Government’s three waters reform programme and remains committed to ongoing partnership and engagement with mana whenua.

Climate Change Impact Considerations / Ngā Whai Whakaaro mā te Āhuarangi

6.5 There are no climate changes impact considerations in relation to the decision to submit, or not to submit, on either Bill.

Accessibility Considerations / Ngā Whai Whakaaro mā te Hunga Hauā

6.6 The decision to approve the submission on the either Bill does not have direct accessibility impacts.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex / Ngā Utu Whakahaere

7.1 Cost to Implement - The cost of preparing these submissions has been met within existing budgets.

7.2 Maintenance/Ongoing costs – There will be no ongoing costs associated with making these submissions. If the Council wishes to be heard at a Select Committee hearing this will require staff time, the cost of which will be met from existing budgets.

7.3 Funding Source – Existing operational budgets.

8. Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report / Te Manatū Whakahaere Kaupapa

8.1 Consultation on these Bills is open to the public and any legal person can make a submission to the Finance and Expenditure Select Committee.

Other Legal Implications / Ētahi atu Hīraunga-ā-Ture

8.2 There are no legal implications to the decision to submit, or to not submit, on either Bill.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 There are no risks identified with making these submissions.

Attachments / Ngā Tāpirihanga

No.	Title	Reference	Page
a	Draft submission on Water Services Legislation Bill (Under Separate Cover)
b	Draft submission Water Services Economic Efficiency and Consumer Protection Bill (Under Separate Cover)
c ⇩	Map of Water Services Entities service areas	22/1376771	16

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Water Services Legislation Bill – https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_130199/water-services-legislation-bill

Water Services Economic Efficiency and Consumer Protection Bill - https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_130196/water-services-economic-efficiency-and-consumer-protection

Three Waters Reform Programme - https://www.dia.govt.nz/Three-Waters-Reform-Programme

Confirmation of Statutory Compliance / Te Whakatūturutanga ā-Ture

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 / Ngā Kaiwaitohu

Authors

Diane Shelander - Senior Advisor Climate Resilience

Sara Hames - Principal Advisor Policy

Ellen Cavanagh - Senior Policy Analyst

Approved By

David Griffiths - Head of Strategic Policy & Resilience

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

Council

15 February 2023

7. Rate Remissions: City Vacant Differential Rating
Reference / Te Tohutoro:	22/1709828
Report of / Te Pou Matua:	Andrew Jefferies, Manager Rates Revenue (andrew.jefferies@ccc.govt.nz) John Meeker, Principal Advisor Urban Regeneration (john.meeker@ccc.govt.nz)
General Manager / Pouwhakarae:	Jane Davis, General Manager Infrastructure, Planning & Regulatory Services (jane.davis@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 This report seeks relief from the City Vacant differential rate for a number of Central City sites where construction was underway prior to the end of 2022. The report considers each case under Remission Policy 10 from the Annual Plan's Revenue, Financing and Rating Policies.

1.2 The City Vacant differential rating category was introduced in the 2022/23 Annual Plan. It was anticipated that during the differential's first year of application a number of planned developments might be impacted warranting consideration for remissions.

1.3 The decision in this report is considered to be of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined because the sites affected are few in number and the recommendations made reflect fairness given the first year in Council levying the City Vacant Differential rate.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Note the construction work that has commenced and is continuing at,

a. 33 Cathedral Square

b. 93 Cashel Street

c. 207 St Asaph Street

2. Grant rates remissions totalling $79,518.05 including GST under Remission 10 (Other remissions deemed fair and equitable) of Council’s Rates Remission Policy for the three properties as detailed in section 7.3 of this report.

3. Note the remissions reduce the net rates for those properties to the level that would have applied if the Business differential (rather than the City Vacant differential) had been applied on the value-based general rate for the 2022/23 financial year.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 The three sites concerned had developments that were set to commence early in the 2022/23 financial year. Each had sought to initiate construction prior to the introduction of the City Vacant Differential Rate but were held back by COVID19 related delays to Council’s processes. Under Remission Policy 10, Council is invited to remit any rate or rates penalty when it considers it fair and equitable to do so.”

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 Declining the remission (or deferring payment) would mean the landowners concerned would continue to pay the higher rating associated with the City Vacant Differential. Whilst it could be argued that the 2021 LTP consultation signalled the possibility that higher rates could be introduced (i.e. encouraging greater urgency in commencing development), progress of the three schemes was ultimately impacted by COVID19 related delays in Council’s processes.

5. Background Detail Te Whakamahuki

Introduction of the City Vacant Differential

5.1 Within the 2022/23 Annual Plan, Council resolved to introduce the City Vacant Differential rating category within the Central City’s Business and South Frame Mixed Use District Plan zones. This followed supportive community consultation in the 2021-31 Annual Plan process during autumn 2021. The introduction of the new differential rate category reflected the need to better allocate the costs and benefits of Central City activation projects, promotion and other services.

5.2 When the draft Annual Plan was published in March 2022, owners of vacant sites in the defined area were written to highlighting their potential exposure to the City Vacant Differential and urging them to conclude consents or improve their site appearance to secure remissions or exemptions.

5.2.1 A number of sites were improved allowing remissions to be frontloaded, reducing the administrative burden of applying them retrospectively.

5.2.2 Many temporary car park sites were granted consent between March and June 2022 supported by prioritisation within the Resource Consenting teams at the time. Holding an approved consent allowed these sites to be exempted from the City Vacant differential.

(NB. It should be noted that from 1 July 2023 sites will need to hold an approved consents and have amenity aspects of the consent (and its conditions) fully implemented to secure an exemption. This will be communicated to owners in February following initial surveys. )

5.2.3 Five other car park sites, where consenting had been delayed by Council process (leaving them liable for the new differential) were also granted frontloaded remissions as guided by the late amendment to the financial policy requested by Council.

Remissions for permanent developments in progress

5.3 During development of the City Vacant Differential, there was debate about offering exemptions for sites considered ‘under development’ (which appeared in the draft wording). Further deliberation highlighted that there were examples of sites where resource consents for development had been granted but the schemes had never been implemented, leaving sites unimproved. In response, it was recommended that this term was replaced with ‘under construction’ which was more easily observed from surveys and building consent inspections.

5.4 Responding to concerns about specific cases, staff highlighted that in ‘rare’ cases where permanent development^{^[1]} or site improvement schemes were unforeseeably delayed by process, Remission Policy 10 could be applied to consider further remissions.

5.5 Remission Policy 10: Other remissions deemed fair and equitable has the objective, “to recognise that the Council’s policies for rates remission cannot contemplate all possible situations where it may be appropriate to remit rates” and allows Council, “…by specific resolution, [to] remit any rate or rates penalty when it considers it fair and equitable to do so.”

5.6 The three cases included in Attachment A are those ‘rare’ cases where delays have arisen, but where construction has proceeded as intended in a reasonable timeframe. Reasonable in this context has been advised to be commencement of construction prior the midpoint of the rating year (operationally being the shutdown before the Christmas break) with further observations of progress being offered when reporting (i.e. this report) is presented to Council.

5.7 Unless unduly delayed by a Council process^{^[2]}, it is not envisaged that this type of remission is offered in future years given the new Differential will have been in operation for long enough for owners to be aware of the need to progress site improvement projects or initiate permanent development.

LOCATIONS OF THE SITES REFERRED TO IN THIS REPORT

5.8 Reflecting the points set out in Attachment A, staff recommend that remissions from the City Vacant Differential rate are provided for the three rating units for the 2022/23 year on the basis that owners,

- initiated their development intentions prior to the introduction of the City Vacant differential rate in the Annual Plan,

- endured elements of consenting delay arising from COVID19 impacts on staffing / peak loading of Council’s consenting function in the first half of 2022, and

- commenced construction of their developments before and just after the midpoint of the rating year (noting the minor Building Consenting delay in the case of 93 Cashel Street)

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment Te Rautaki Tīaroaro

6.1 This report aligns with the Council’s Liveable City Community Outcome – in particular the aim to encourage a Vibrant and Thriving City Centre. The three proposals will add activity, investment and improve perceptions of our Central City.

6.2 It also responds to Council’s Strategic Priority of accelerating the momentum the city needs in that we are seeking to support these projects that enhance our ‘vibrant, functioning central city.’ Remissions in these cases would be reasonable recognition that, on occasion, blunt policy tools cannot always reflect specific circumstances – particularly during their initial implementation.

6.3 This report supports the Long Term Plan: 17.0.20.2 - Place-based policy and planning advice to support integrated urban regeneration, city identity, community leadership and placemaking.

Policy Consistency Te Whai Kaupapa here

6.4 The decision is consistent with Council’s Plans and Policies. Remission Policy 10 allows for rates to be remitted in cases where rating policy is insufficiently flexible to reflect unforeseen situations.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.5 The decision does not involve Ancestral land or a body of water or other elements of intrinsic value, therefore this decision does specifically impact Mana Whenua, their culture and traditions. The decision is also not a matter of interest to Mana Whenua nor does it impact on our agreed partnership priorities with Ngā Papatipu Rūnanga

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.6 The application of remissions has no direct Climate Change implications. In applying the policy generally, permanent development or enhancement of sites improves the appeal of the Central City which can be accessed by workers, visitors or city residents by a range of active and sustainable transport alternatives.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.7 No specific accessibility considerations related to the recommendations in this report have been identified.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 There are no specific opex / capex implications

Impact on rates revenue

7.2 Rate remissions for the sites would reduce rates to the level that would have applied if the Business differential (rather than the City Vacant differential) had been applied on the value-based general rate. The impacts are set out in the table below.

7.3 A total of $79,518.05 (incl GST) of revenue would be forfeited through the grant of the remissions.

Figures in Dollars ($) (incl GST) Calculations 23/15257	Capital Value	General Rate using City Vacant Differential at 1.293 cents/$ of Capital Value	General Rate using Business Differential at 0.548 cents/$ of Capital Value	Proposed Remission (incl GST)
Site	CV	CV x CVD rate	CV x BD rate	Difference
93 Cashel Street	3,580,000	46,296.02	19,641.10	26,654.92
33 Cathedral Square	5,560,000	71,901.09	30,504.05	41,397.04
207 St Asaph Street	1,540,000	19,915.05	8,448.96	11,466.09
Revenue foregone by granting remissions (incl GST)				79,518.05

8. Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

8.1 The Council can remit rates in accordance with its Rates Remission Policy.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2 None identified.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 The only risk identified in considering these cases is consistency in application of the policy.

9.2 Each are exceptions whose measurable development progress can reasonably be demonstrated to have been affected by consenting and COVID19 related delays that were beyond the control of owners – particularly in the first year of the new City Vacant Differential rate’s introduction.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Attachment to report 22/1709828 (Title: Council - Vacant Site Rate Remissions 15Feb2023 - Attachment A)	23/50407	23

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Authors

John Meeker - Principal Advisor Urban Regeneration

Andrew Jefferies - Manager Rates Revenue

Approved By

Bruce Moher - Manager Corporate Reporting

Bruce Rendall - Head of City Growth & Property

Leah Scales - General Manager Resources/Chief Financial Officer

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

Council

15 February 2023

8. Central City Biannual Report: July to December 2022
Reference / Te Tohutoro:	22/1683862
Report of / Te Pou Matua:	Laura Quaid, Planner Urban Regeneration (Laura.Quaid@ccc.govt.nz)
General Manager / Pouwhakarae:	Jane Davis, General Manager Infrastructure, Planning & Regulatory Services (jane.davis@ccc.govt.nz)

1. Nature of Information Update and Report Origin

1.1 For information only, this latest biannual update provides elected members with information and statistics about Council funded regeneration activity within the Central City for the period July to December 2022.

1.2 Staff have been reporting on such activity within the Central City via a biannual report since 2015, as previously agreed with elected members.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Receive the information in the Central City Biannual Report.

3. Brief Summary

3.1 Attachment A summarises activity that responds to the themes set out in the Central City Action Plan. Highlights from July – December 2022 include:

· An uplift in the number of visitors to the Central City, influenced by the opening of Te Pae, the return of cruise ships to Lyttleton Harbour and the easing impacts of COVID-19 on travel. This has had positive benefits for businesses.

· A higher level of amenity across a number of temporary car parks, implemented in order to avoid the City Vacant Differential rating.

· Transformation of a vacant site on St Asaph Street into a basketball court with seating and a mural through a partnership with ECAN, Watch this Space and Basketball NZ.

· Removal of 235 High Street from the Barrier Sites programme given that its repair is well underway. 3 others have taken significant steps including 92 Lichfield Street where the protective containers along its frontage were removed in December after 10 years.

· New, updated content across Central City lighting installations.

· A number of events, activations and engagement via grant funding for Gap Filler, The Green Lab, Life in Vacant Spaces and the Central City Business Association.

· A 5% increase in Central City employment since 2021.

· Resource consent applications for a number of multi-unit developments and a mixed-use office, retail and hospitality development on Manchester Street.

· Completion of 79 homes between July and December 2022, with an estimated 7,760 residents now calling the Central City home.

· Completion of the final section of the South Frame. In Cathedral Square, paving work outside the former post office building has been completed and the stabilisation phase of the Christ Church Cathedral is nearly complete.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Central City Biannual Report - July - December 2022 - PDF	23/99373	29

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Not applicable

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Authors

Laura Quaid - Planner Urban Regeneration

John Meeker - Principal Advisor Urban Regeneration

Carolyn Bonis - Team Leader Urban Regeneration

Approved By

Bruce Rendall - Head of City Growth & Property

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

Council

15 February 2023

9. Biodiversity Fund applications to protect and enhance indigenous biodiversity on private land
Reference / Te Tohutoro:	22/1702052
Report of / Te Pou Matua:	Nicholas Head, Senior Ecologist, Nicholas.Head@ccc.govt.nz Antony Shadbolt, Team Leader Biodiversity. Antony.shadbolt@ccc.govt.nz
General Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 This report provides summary information on applications that meet criteria to qualify for biodiversity funding to protect and enhance significant indigenous biodiversity on private land.

1.2 Biodiversity funding supports Council's statutory obligations to protect significant indigenous biodiversity on private land.

1.3 The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. This is because the decision affects a small number of people (the applicants), and the impact is positive for both the applicants and the environment; the decision allocates funding already provided for in the Long Term Plan 2018-2028.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Receive the information in the report on applications that meet the criteria to qualify for biodiversity funding.

2. Approve full funding from the Christchurch Biodiversity Fund 2021/22 for the nine projects as outlined in 5.6 of this report.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 All projects recommended for support meet fund criteria, are ready for immediate implementation, and have access to co-funding where this is required for success.

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 Alternative options are not to fund, or not fully fund these projects. As the Biodiversity Fund (the Fund) is allocated specifically to assist private landowners to protect and enhance indigenous biodiversity and the applications received achieve this, these options were discounted.

5. Detail Te Whakamahuki

5.1 The Fund supports custodians of biodiversity working to protect ecologically significant sites. Council provides up to 50% of funding (maximum of $60,000 per individual project/property per year), for eligible projects on private land. Up to $400,000 is available for allocation this year.

5.2 The Fund is an opportunity to support private landowners who are taking voluntary action, and investing their own time and money, to protect and enhance biodiversity on their properties. The projects provide real protection for biodiversity in the Christchurch District through direct action.

5.3 The community is very supportive of the Council contributing funds to assist with conservation of private land. Several submissions were made by community groups and individuals to the Long Term Plan 2021-2031 requesting that Council increase the annual allocation to the Biodiversity Fund. As a result the Fund was increased to $400,000 - an outcome consistent with the Council declaring an ecological and climate emergency.

2023 Funding Applications

5.4 The recommendation for this 2022-2023 round of funding would allocate a total of $345,550 across nine projects. This contribution, together with applicant-matched funding and funding from other contributions, totals an overall investment of $916,040 in projects that protect and enhance our local biodiversity.

5.5 This would leave $54,450 remaining in the fund for the remainder of the 2022 – 2023 financial year. The remainder of the Fund is available for allocation in a second funding round, expected to conclude in June 2023.

5.6 Biodiversity funding bids for this round of the 2022/23 financial year are outlined in the table below:

Project Name	Owners	Work	Amount requested	Landowner contributions	Other contributions	Total Cost of Project
Coastal Forest Protection and Enhancement - Foggy Gully Covenant	Bill Oborne; Darryl and Jenny Pringle	Fencing	$41,000	$36,400	$4,600	$82,000
Matai Forest Protection and Enhancement - Kapūa Covenant	Lorna Buchanan	Predator control	$25,000	$22,120	$3100	$50,220
Forest Protection - Head of the Harbour New Covenant	Rural Vision Ltd, Tom Magill	Fencing	$59,850	$33,050	$39,300	$132,200
Coastal Forest Protection Tikao Bay New Covenant	Williams and Smaill	Fencing, weed control	$52,840	$79,750	$26,420 (Ecan) $12,000 (BPCT	$171,010
High Bare Peak - New Covenant Protection and Enhancement	High Bare Peak Ltd	Fencing	$58,250	$33,375	$83,475	$175,100
Rare Ecosystem Protection, Summit Road Society Reserves	Summit Road Society	Weed control	$5000	$5000		$10,000
Rare Ecosystem Protection, Mt Evans/ Purau Catchment	Hidden Valley Conservation Trust	Weed control	$11,500	$9,600	ECan expected but contribution yet to be confirmed	$21,100
Penguin Conservation, Flea Bay	Helps Pōhatu Conservation Trust	Predator Control	$32,110	$49,850		$81,960
Ecosystem protection and enhancement, Wairewa and Te Waihora Catchments, Pig control (Phase 2)	Multiple land owners	Pest control	$60,000	$69,000	$63,450	$192,450
Total			$345,550	$338,145	$232,345	$916,040

5.7 The decision affects the following wards/Community Board areas:

· Te Pataka o Rakaihauta Banks Peninsula

· Waipuna Halswell-Hornby-Riccarton

· Waihoro Spreydon-Cashmere-Heathcote

Update on Previously-Funded Projects

5.8 Since the fund was established in 2017, a total of $1,255,871 has been allocated to 59 projects (excluding the current applications). 56 of these projects are complete, with three still in progress.

5.9 Most previous projects involved fencing (40 projects). Restoration planting (12 projects), pest plant control (14 projects), and pest mammal control (6 projects) are other activities that have been supported. Some projects involve multiple activities.

5.10 Over 1300 hectares of ecologically significant vegetation has been protected, along with the indigenous fauna that live in those habitats. Many projects have also protected streams and important waterways.

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

6.1 The programme aligns with the strategic framework supporting principle of “taking an inter-generational approach to sustainable development prioritising the social, economic and cultural well-being of people and communities and the quality of the environment, now and into the future,” by supporting individual landowners to protect and enhance biodiversity on private land.

6.2 The programme also aligns with the strategic framework supporting principle of “actively collaborating and co-operating with other local, regional and national organisations.” We work with Environment Canterbury and covenanting agencies to ensure that projects have adequate support and that our combined resources are efficiently allocated.

6.3 This report supports the Council's Long Term Plan (2021 - 2031):

6.3.1 Activity: Strategic Planning, Future Development and Regeneration

· Level of Service: 1.4.2 Effectively administer grants within this Activity (including Heritage Incentive Grants, Enliven Places, Innovation and Sustainability) - 100% compliance with agreed management and administration procedures for grants

Policy Consistency Te Whai Kaupapa here

6.4 The decision is consistent with Council’s Plans and Policies.

6.5 The programme aligns with District Plan policies regarding the protection of ecologically significant sites, and the provision of advice and incentives for landowners who wish to do this on private property.

6.6 The programme supports the goals of the Council’s Biodiversity Strategy.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.7 The decision does not involve a significant decision in relation to ancestral land or a body of water, but does involve indigenous species and ecosystems that have intrinsic values. Therefore this decision does impact Mana Whenua, their culture and traditions. Staff note, however, that the intent of all projects is to have a positive impact on indigenous biodiversity.

6.8 While matters of indigenous biodiversity are of interest to Mana Whenua, this specific decision to allocate funding to enhance biodiversity will not impact our agreed partnership priorities with Ngā Papatipu Rūnanga

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.9 Most of the projects provide protection to regenerating forest habitats, which will boost the carbon sequestration capacity of these areas. Protecting and enhancing the ecological health of sites will improve the resilience of the District’s habitats and species within them to the impacts of climate change.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.10 All the applications subject to grant approval occur on protected private land, accessibility considerations are beyond the scope of issues to consider in this decision.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement - none other than staff time to administer the fund.

7.2 Maintenance/Ongoing costs - none other than staff time to administer the fund.

7.3 Funding Source - the Fund is provided for in the 2021-2031 Long Term Plan.

Other He mea anō

7.4 Considerable checks and balances are in place to ensure the funding granted to projects is spent in accordance with the project plan and meets expectations, including progress reports, proof of completions and inspections if necessary. Staff time in relation to this is an inherent part of overseeing the fund.

8. Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

8.1 The Council has the delegation to consider applications to the Biodiversity Fund.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2 There is no adverse legal context, issue or implication relevant to this decision.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 There are no significant risks associated with allocating funds to the projects as outlined. Processes are in place to ensure funding granted is spent in accordance with the project plans and expectations.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Christchurch Biodiversity fund project descriptions for 2022/2023	23/22668	46

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Not applicable

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Authors

Nicholas Head - Senior Ecologist

Antony Shadbolt - Team Leader Biodiversity

Approved By

David Griffiths - Head of Strategic Policy & Resilience

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

Council

15 February 2023

10. Triennial Agreement between Local Authorities in the Canterbury Region
Reference / Te Tohutoro:	22/1641198
Report of / Te Pou Matua:	Phil Mauger, Mayor
General Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The purpose of the report is for the Council to approve entering the Canterbury Local Authorities’ Triennial Agreement 2022-2025 by 1 March 2023, as adopted by the Canterbury Mayoral Forum on 25 November 2022.

1.2 Section 15 of the Local Government Act 2002 (the Act) requires local authorities within a regional council area to enter into a Triennial Agreement by 1 March following triennial local body elections.

1.3 The decision in this report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the legislative requirement to enter into a Triennial Agreement

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Approve entering the Canterbury Local Authorities’ Triennial Agreement 2022-2025; and

2. Approve the Mayor signing the Canterbury Local Authorities’ Triennial Agreement 2022-2025 on behalf of the Council.

3. Background Te Horopaki

3.1 Section 15 of the Local Government Act 2002 (the Act) requires all local authorities within a regional council area to enter into a Triennial Agreement (the Agreement) by 1 March following each triennial local government election.

3.2 The purpose of the Agreement is to ensure that appropriate levels of communication, co-ordination and collaboration are maintained between local authorities within the region.

3.3 The Agreement must include:

3.3.1 protocols for communication and co-ordination between councils,

3.3.2 the process by which councils will comply with section 16 of the Act, which applies to significant new activities proposed by regional councils, and

3.3.3 processes and protocols through which all councils can participate in identifying, delivering and funding facilities and services of significance to more than one district.

3.4 The Agreement may be varied after ratification if agreed by all the local authorities within the region, and remains in force until local authorities ratify a new agreement.

3.5 The Canterbury Mayoral Forum is the key mechanism to implement the Agreement and it comprises the mayors of the ten territorial authorities in Canterbury and the Chairman of the Canterbury Regional Council. The Agreement mandates the Mayoral Forum, Chief Executives’ Forum and other regional bodies and working groups.

4. Detail Te Whakamahuki

4.1 The 2022-2025 Canterbury Mayoral Forum adopted the 2022-2025 Agreement (Attachment A) at its meeting on 25 November 2022. Once each local authority in Canterbury has agreed to enter the Agreement, then it will replace the current 2020-2022 Triennial Agreement.

4.2 The Agreement does not differ substantively from the current 2020-2022 Triennial Agreement which was adopted by Council on 19 December 2019.

4.3 The draft Agreement:

4.3.1 sets out a commitment by all local authorities in Canterbury to keep each other informed about matters with cross-boundary implications; and

4.3.2 outlines the roles for the Canterbury Mayoral Forum and Chief Executives’ Forum.

4.4 The draft Agreement does not preclude local authorities from entering into other agreements among themselves, or outside their region, to facilitate their responsibilities.

5. Next Steps

5.1 To give effect to the Agreement, all 11 local authorities listed in the Agreement must enter into it before 1 March 2023 as required by the Act. When all councils have ratified the Agreement, the secretariat will publish it on the Canterbury Mayoral Forum website: https://canterburymayors.org.nz/

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment Te Rautaki Tīaroaro

6.1 This report supports the Council’s Strategic Framework, specifically the principle of “Actively collaborating and co-operating with other local, regional and national organisations” by recommending entry into a framework for regional communication and collaboration between local authorities.

6.2 This report supports the Council's Long Term Plan (2021 - 2031):

6.2.1 Activity: Strategic Planning, Future Development and Regeneration

Policy Consistency Te Whai Kaupapa here

6.3 The decision is consistent with Council’s Plans and Policies as the Agreement has no substantive changes to the current 2020-2022 Triennial Agreement entered into during the previous Council term.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.4 The recommendation 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 Mana Whenua, their culture and traditions.

6.5 The Canterbury Mayoral Forum seeks to include Mana Whenua when implementing the Agreement. The Mayoral Forum terms of reference include hosting two meetings each year with the chairs of the Papatipu Rūnanga, providing an opportunity for Mana Whenua to be kept informed of, and share their views with, the Mayoral Forum members. The Mayoral Forum has also issued a standing invitation to the Kaiwhakahaere or other representative/s of Te Rūnanga o Ngāi Tahu to attend and participate in meetings of the Forum if they chose to.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.6 The Agreement does not directly impact on the Council nor Christchurch City’s ability to adapt to climate change and reduce emissions. However, the Canterbury Mayoral Forum established under the Agreement provides the potential for regional bodies or working groups to be formed which could focus on undertaking regional or sub regional actions to adapt to climate change or reduce emissions.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.7 There are no accessibility considerations.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement – None

7.2 Ongoing costs - The Canterbury Mayoral Forum has the power to levy members to cover the cost of its operation. Christchurch City Council pays an annual levy of $12,907.

7.3 Funding Source – This is funded from existing operational budgets.

Other He mea anō

7.4 None

8. Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

8.1 Section 15 of the Local Government Act 2002 requires that all local authorities enter into a Triennial Agreement as proposed in this report by 1 March in the year following triennial elections.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2 There is no legal context, issue or implication relevant to this decision.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 This decision is low risk because the recommendation is consistent with current practice.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Canterbury Local Authorities' Triennial Agreement 2022-25	23/76612	75

In addition to the attached documents, the following background information is available:

Document Name – Location / File Link

Not applicable

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Author

Boyd Becker - Principal Mayoral Advisor

Approved By

Jonathan King - Head of Office of Mayor & Chief Executive

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

[1] Permanent in this context was advised to be enduring built development that contributes to the completeness of the Central City functional role and is, specifically, not time limited in nature (i.e. a temporary use).

[2] To the point where improvement / permanent development is held back ahead of late June site surveys that determine whether the site becomes liable for the City Vacant Differential in any given year.

11. Mayor's Monthly Report - January 2023
Reference / Te Tohutoro:	23/150310
Report of / Te Pou Matua:	Phil Mauger, Mayor
General Manager / Pouwhakarae:	Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance (lynn.mcclelland@ccc.govt.nz)