Agenda of Council - Wednesday, 7 June 2023

Karakia Tīmatanga

Whakataka Te hau ki Te uru

Whakataka Te hau ki Te tonga

Kia makinakina ki uta

Kia mataratara ki Tai

E hi ake ana te atakura

He tio, he huka, he hau hu

Tihei Mauri Ora

1. Apologies Ngā Whakapāha

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

2. Declarations of Interest Ngā Whakapuaki Aronga

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 Te Huinga Tūmatanui

3.1 Public Forum Te Huinga Whānui

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.

There were no public forum requests received at the time the agenda was prepared.

3.2 Deputations by Appointment Ngā Huinga Whakaritenga

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

3.2.1

Waitai Coastal Burwood Linwood Community Board

Paul McMahon, Chairperson of the Coastal Burwood Linwood Community Board, will speak regarding the Board’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.2

Banks Peninsula Conservation Trust

Penny Carnaby, Chairperson of the Banks Peninsula Conservation Trust will speak regarding the Trust’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.3

Banks Peninsula Native Forest / Climate Change Group

Penny Carnaby will speak on behalf of the Banks Peninsula Native Forest / Climate Change Group regarding the Group’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.4

Spark

Graeme McCarrison will speak on behalf of Spark regarding the organisation’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.5

Styx Living Laboratory Trust

Jackie Howard, Community Coordinator, will speak on behalf of Styx Living Laboratory Trust regarding the Trust’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.6

Smith Street Community Farm Trust

Georgina Stanley will speak on behalf of the Smith Street Community Farm Trust regarding the Trust’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.7

Federated Farmers

Dr Lionel Hume, Senior Policy Advisor, and Karl Dean, North Canterbury Provincial President, will speak on behalf of Federated Farmers regarding the organisation’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.8

Avonhead Community Group

Clive Paris will speak on behalf of the Avonhead Community Group regarding the Group’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.9

Englefield Residents Association

Irinka Britnell, Chairperson of the Englefield Residents Association, will speak on behalf of the Association’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.10

Summit Road Society

Marie Gray will speak on behalf of the Summit Road Society regarding the Society’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.11

Colin Meurk

Colin Meurk will speak regarding his submission to the draft Ōtautahi Christchurch Urban Forest Plan.

3.2.12

Greater Hornby Residents Association

Marc Duff and Ross Houliston will speak on behalf of the Greater Hornby Residents Association regarding the Association’s submission to the draft Ōtautahi Christchurch Urban Forest Plan.

4. Presentation of Petitions Ngā Pākikitanga

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

Council

07 June 2023

Licence to Occupy Tables and Chairs - High Street Triangles to C1 Cafe
Reference / Te Tohutoro:	23/408491
Report of / Te Pou Matua:	Lisa Barwood, Leasing Consultant; lisa.barwood@ccc.govt.nz
General Manager / Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The purpose of this report is for the Waipapa Papanui-Innes-Central Community Board to recommend that the Council grant a licence to C1 Cafe at 209 Tuam Street to allow tables and chairs for outdoor dining in the reserve land directly in front of their premises known as the High Street Triangle (the "Reserve").

1.2 The owners of the business known as C1 Cafe have requested a new licence as the upgrade to the intersection and future tram lines has been completed. There have been previous licences granted by Council to C1 Cafe for this purpose.

1.3 The decision in this report is low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the low level of impact on the public being able to still enjoy the Reserve and previous licences were for a larger area than this request in the same Reserve.

2. Officer Recommendations Ngā Tūtohu

That the Waipapa Papanui-Innes-Central Community Board recommends that the Council:

1. Approves the granting of a licence subject to section 61(2) of the Reserves Act 1977 for a period of up to five years over the land at 189F High Street known as High Street Triangle, Parcel ID 3319108 held under section 7(1) Christchurch City (Reserves) Empowering Act 1971 held for the purpose of Lawns Ornamental Gardens and Ornamental Buildings for an area of approximately 83 square metres at an annual licence fee set in line with the Council’s current Outdoor Dining policy.

2. Authorises the Manager Property Consultancy to conclude and administer the terms and conditions of the licence.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 To enable C1 Café to have outdoor dining to add to the experience and vibrancy of the heritage setting.

3.2 The garden area is held for ornamental purposes. The area is still accessible by the public to pass through and enjoy.

3.3 Supporting and promoting a local business to enable them to elevate their offerings of indoor and outdoor dining which supports a vibrant city.

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 Not granting a licence was considered but that would leave a large outdoor area that is empty and not used. There are no other businesses in the area that require or could use the land. C1 pack the tables and chairs away every day and look after the recently refurbished area very well.

5. Detail Te Whakamahuki

5.1 The parcel of land is approximately 285 square metres and includes raised garden beds on the Tuam and High Streets corner with pedestrian access through the middle. It is in front of the former post office building that currently has C1 Café operating out of the ground floor. The land is held under section 7(1) Christchurch City (Reserves) Empowering Act 1971 held for the purpose of Lawns Ornamental Gardens and Ornamental Buildings.

5.2 C1 Café have requested 83 square metres, as outlined in yellow on the plan below, directly in front of the café to have tables and chairs for outdoor dining but not encroaching on any pedestrian thoroughfare or having any furniture against the raised garden beds.

5.3 The annual rental has been calculated at $5504.65 plus GST.

5.4 C1 café was originally located across the road but that building was damaged in the 2011 earthquakes and they have relocated to the former post office building at 209 Tuam Street and have been trading there ever since.

5.5 C1 were granted a licence over the current area previously. It has expired and they have requested a new licence. With the recent upgrades to the intersection and tram line completed, it is now appropriate to consider the issuance of a new licence for outdoor dining purposes.

5.6 The licence will be subject to additional conditions to ensure the area is being used and cared for in a manner that is in keeping with a Reserve that is held for ornamental purposes:

· No tables and chairs to be placed along the stone walls of the raised beds.

· A clear pedestrian pathway through the Reserve to be maintained at all times.

· Tables and chairs do not cause damage to the underlying pavement and not to be fixed to the ground, enabling repairs to be under taken to the underlying services when necessary.

· Tables and chairs to be removed from the Reserve daily when C1 is closed for business.

· Any damage caused by either planters or furniture must be resolved to staff satisfaction, or be will need to be removed.

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

5.7.1 Waipapa Papanui-Innes-Central wards

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

6.1 The decision to grant a licence aligns with a liveable city: vibrant and thriving central city, suburban and rural centres and a prosperous economy, great place for people, business and investment.

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

6.2.1 Activity: Parks and Foreshore

· Level of Service: 6.8.10.1 Appropriate use and occupation of parks is facilitated - Formal approval process initiated within ten working days of receiving complete application - 95%

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 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 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 proposal was forwarded to Mahaanui Kurataiao Ltd for comment. A reply was received stating that Ngai Tuahuriri have no concerns.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.7 The granting of a new licence does not impact on climate change considerations.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.8 Although the area is a Reserve, people do use the triangle to cut through the corner. There will be no seating or planters against the stone raised gardens and a 4.6 metre strip will be maintained for pedestrian pathway through the Reserve.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement – No cost to Council in granting the licence, preparation of licence document to be recovered from the Licensee.

7.2 Maintenance/Ongoing costs – licensee responsibility

7.3 Funding Source – not applicable

Other He mea anō

7.4 No other matters are applicable

8. Legal Implications Ngā Hīraunga ā-Ture

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

8.1 The subject land is vested in the Council pursuant to the Christchurch City Reserves Empowering Act 1971, for the purposes of lawns, ornamental gardens, and ornamental buildings. Section 12 of that Act provides that all Reserves subject to that Act are to be held and administered subject to the provisions of the Reserves Act 1977.

8.2 As a Reserve held for ‘lawns, ornamental gardens, and ornamental buildings’ it is considered, for Reserves Act 1977 purposes, to be held by the Council as a local purpose Reserve for those particular purposes.

8.3 Section 61 of the Reserves Act empowers the Council to lease or licence local purpose Reserves for activities consistent with its classification. The proposed activity of the licensee is consistent with the Reserves classification provided that the existing landscaping on the Reserve is not altered. Under section 61(2) of the Reserves Act leases or licences of local purpose Reserve may be granted for terms less than five years without there being a requirement to publicly tender such arrangements.

8.4 Community Boards have been granted delegated authority to grant licences of Reserve under section 61 of the Reserves Act, however the power to grant such licences within the central city area has been expressly reserved to the Council. As such, this report is seeking the recommendation of the Community Board to the Council to grant the licence.

8.5 While the land in question is held by the Council as Reserve, it is currently formed and landscaped as a footpath and raised garden bed. Whilst strictly not applicable, as the land is not legal road, Council staff propose that it would be appropriate for any licence of the land to be administered in accordance with ‘Councils Public Street Enclosure Policy’.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.6 The legal consideration is entering into a licence for tables and chairs on land that is classified as local purpose reserve held for the purposes of lawns, ornamental gardens and ornamental buildings.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 There may be minimal risk to the Council in not approving the licence for tables and chairs requested by C1 Café. This may result in some negative publicity.

Attachments Ngā Tāpirihanga

There are no attachments to this report.

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

Lisa Barwood - Leasing Consultant

Approved By

Kathy Jarden - Team Leader Leasing Consultancy

Angus Smith - Manager Property Consultancy

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizens & Community

Council

07 June 2023

Report from Waihoro Spreydon-Cashmere-Heathcote Community Board – 11 May 2023

10. Sumner Tennis and Squash Club Application to lease 8-14 Heberden Avenue and 140 Nayland Street
Reference Te Tohutoro:	23/749430
Report of Te Pou Matua:	Dave Little, Manager Residential Red Zone Kathy Jarden, Team Leader Leasing Consultancy
Senior Leader Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

Nature of Decision or Issue and Report Origin

1.1 The purpose of this report is to recommend that the Council depart from policy and deal unilaterally with Sumner Tennis and Squash Club Incorporated.

1.2 The report has been written in response to an application by the Sumner Tennis and Squash Club Incorporated.

The Club have requested to lease Port Hills Red Zone land.

This report was considered by the Waihoro Spreydon-Cashmere-Heathcote Community Board at its meeting on 11 May 2023.

1. Waihoro Spreydon-Cashmere-Heathcote Community Board Consideration Te Whaiwhakaarotanga

The Board took into consideration the deputation from Mr Glass (Item 5.1 of the 11 May 2023 Waihoro Spreydon-Cashmere-Heathcote Community Board minutes refers).

The Waihoro Spreydon-Cashmere-Heathcote Community Board received advice from staff that the Community Board has delegation in the event that any concerns are received on the proposed lease that cannot be satisfied, to consider those concerns, which staff will bring back to the Board.

The Waihoro Spreydon-Cashmere-Heathcote Community Board received advice from staff that the Community Board has delegation to approve the lease up to 35 years less one day.

The Officer recommendations were amended to reflect the staff advice regarding the applicability of the Community Board’s delegated authority, changing “Council” to “Community Board” in resolutions 1(b) and (c) (refer Item 3 below).

2. Officer Recommendations Ngā Tūtohu

That the Waihoro Spreydon-Cashmere-Heathcote Community Board:

1. Recommend that the Council agree to depart from policy and deal unilaterally with Sumner Tennis and Squash Club Incorporated.

2. Conditional on recommendation 1 above:

a. Authorise staff to carry out public consultation in accordance with decision making requirements of the Local Government Act, specifically sections 76-82 and section 138.

b. Request that in the event that any concerns are received on the proposed lease that cannot be satisfied, staff will bring the unsatisfied concerns back to the Council for consideration.

3. Resolve in the event that there are no concerns received on the proposed lease that cannot be satisfied, that the Council approve a lease up to 35 years less one day to Sumner Tennis and Squash Club Incorporated to lease 8-14 Heberden Avenue and 140 Nayland Street, as shown in Attachment B to the agenda report with the annual rental set in accordance with the Council's Sports Lease Charges Policy or other such rental policy in effect at the time of granting the lease.

4. Request the Manager Residential Red Zone Parks present finalised design plans of the proposal to the Waihoro Spreydon-Cashmere-Heathcote Community Board for their information.

5. Request the Manager Property Consultancy to conclude and administer the terms and conditions of the lease.

3. Waihoro Spreydon-Cashmere-Heathcote Community Board Decisions Under Delegation Ngā Mana kua Tukuna

Part C

In the event that the Council agrees to depart from policy and deal unilaterally with Sumner Tennis and Squash Club Incorporated the Waihoro Spreydon-Cashmere-Heathcote Community Board:

a. Authorises staff to carry out public consultation in accordance with decision making requirements of the Local Government Act, specifically sections 76-82 and section 138.

b. Requests that in the event that any concerns are received on the proposed lease that cannot be satisfied, staff will bring the unsatisfied concerns back to the Community Board for consideration.

c. Resolves in the event that there are no concerns received on the proposed lease that cannot be satisfied, that the Community Board approve a lease up to 35 years less one day to Sumner Tennis and Squash Club Incorporated to lease 8-14 Heberden Avenue and 140 Nayland Street, as shown in Attachment B to the agenda report with the annual rental set in accordance with the Council's Sports Lease Charges Policy or other such rental policy in effect at the time of granting the lease.

2. Requests the Manager Residential Red Zone Parks present finalised design plans of the proposal to the Waihoro Spreydon-Cashmere-Heathcote Community Board for their information.

3. Requests the Manager Property Consultancy to conclude and administer the terms and conditions of the lease.

4. Waihoro Spreydon-Cashmere-Heathcote Community Board Recommendation to Council

Part A

That the Council:

1. Agree to depart from policy and deal unilaterally with Sumner Tennis and Squash Club Incorporated.

Attachments Ngā Tāpirihanga

No.	Report Title	Reference	Page
1	Sumner Tennis and Squash Club Application to lease 8-14 Heberden Avenue and 140 Nayland Street	23/305097	114

No.	Title	Reference	Page
a ⇩	Sumner Tennis and Squash Club Proposal for Nayland/Wiggins Street	23/361259	120
b ⇩	Sumner Tennis Club - Propsed Extension Heberden Ave Lease Area	23/370473	135
c ⇩	Sumner Tennis and Squash Club - Factors to Consider When Dealing Unilaterally	23/362763	136

Council

07 June 2023

Sumner Tennis and Squash Club Application to lease 8-14 Heberden Avenue and 140 Nayland Street
Reference / Te Tohutoro:	23/305097
Report of / Te Pou Matua:	Dave Little, Manager Residential Red Zone Kathy Jarden, Team Leader Leasing Consultancy
General Manager / Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The purpose of this report is for the Waihoro-Spreydon-Cashmere-Heathcote Community Board to approve an unsolicited unique proposal made by the Sumner Tennis and Squash Club Incorporated (the "Club") for a long term lease of the properties at 8-14 Heberden Avenue and 140 Nayland Street.

1.2 The report has been written in response to an application by the Sumner Tennis and Squash Club Incorporated.

1.3 The decision in this report is of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the low level of impacts on the surrounding community, heightened somewhat by the interest generally in the Port Hills Red Zone land.

2. Officer Recommendations Ngā Tūtohu

That the Waihoro Spreydon-Cashmere-Heathcote Community Board:

1. Recommend that the Council agree to depart from policy and deal unilaterally with Sumner Tennis and Squash Club Incorporated.

2. Conditional on recommendation 1 above:

a. Authorise staff to carry out public consultation in accordance with decision making requirements of the Local Government Act, specifically sections 76-82 and section 138.

b. Request that in the event that any concerns are received on the proposed lease that cannot be satisfied, staff will bring the unsatisfied concerns back to the Council for consideration.

4. Request the Manager Residential Red Zone Parks present finalised design plans of the proposal to the Waihoro Spreydon-Cashmere-Heathcote Community Board for their information.

5. Request the Manager Property Consultancy to conclude and administer the terms and conditions of the lease.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 Sumner Tennis and Squash Club Incorporated have a current membership of 360 people, with a waitlist of 40. They currently have more adult members per court than any other Club in New Zealand. To address this and increase provision of local recreation options, they are seeking a long-term lease of the land noted above.

3.2 Canterbury Tennis support the proposal, noting that the Club is well run and that even with the extra courts they would still have the second highest number of members per court in the city.

3.3 Council’s Recreation Sports and Events (RSE) team have assessed the proposal and are supportive.

3.4 This report seeks the Waihoro Spreydon-Cashmere-Heathcote Community Board’s recommendation of a lease to Council, as per the Officer Recommendations.

4. Alternative Options Considered Ētahi atu Kōwhiringa

Defer and include this decision in the wider Port Hills red zone land use reassessment project

4.1 The advantages of this option include:

4.1.1 This is a transparent process open to the community.

4.2 The disadvantages of this option include:

4.2.1 There would be further delays to the Club who are seeking certainty in order to progress plans and consenting. The knock-on effect would be continued under-provision of this recreation service to the community.

4.2.2 Potential loss of momentum for the project.

Decline the proposal

4.3 The advantages of this option include:

4.3.1 Reduced risk of public anxiety over development of the land

4.4 The disadvantages of this option include:

4.4.1 Missed opportunity to provide improved recreation facilities to community, at no cost to Council.

4.4.2 Pending the outcome of the wider process the site could potentially be sold, removing any opportunity to revisit this in the future.

5. Detail Te Whakamahuki

5.1 The Proposal

5.1.1 The Club's proposal is included as Attachment A. The Club have previously presented this proposal to the Waihoro Spreydon-Cashmere-Heathcote Community Board.

5.1.2 The proposal is to fund and construct two tennis courts on the four red zone properties at 8-14 Heberden Avenue and 140 Nayland Street. Further communication with the Club has confirmed that these would be unlit.

5.1.3 The Club's proposal includes the courts specifically, as well as a commitment to fundraising to assist with provision of wider park aspects, such as a basketball court, paths, mounding and planting. It is unlikely that this could be enforced however it does indicate a willingness to contribute to the wider works.

5.1.4 The courts will be fenced and gated, but will be unlocked and generally available for public use. The Club is not intending to use a formal booking system and have agreed to signage stating that the courts are available for public use, but that they may be required for Club events and activities from time to time. This is similar to how playing fields operate, where they are open for use unless needed for games or training, and our Sport and Recreation advisor has indicated that this is a suitable approach.

5.1.5 There is currently no budget available to carry out any of the wider recommendations in the Club’s concept plan (the wider park and road crossing improvements). Council will continue to work with the Club on this, but for the purposes of the approval these should be excluded from consideration. The club may be required to fund some aspects of the landscaping as part of their Resource Consent process.

5.2 The Land

5.2.1 The leased area is shown in Attachment B and the courts will be fenced as shown in Attachment A. Fencing to neighbouring residential properties would remain.

5.2.2 The land is zoned as a Residential Suburban Zone under the District Plan.

5.2.3 The Club will be required to seek planning permission through a Resource Consent for the proposed change of use.

5.2.4 Built structures may be subject to a building consent and the Club will need to obtain any required consent.

5.2.5 Geotechnical advice confirms that this is a suitable use relative to the residual risk level on the site. This advice notes that most of the residual risk relates to the Heberden Avenue road corridor, rather than the residential lots. This risk would need to be considered in the wider plans for the space through the Resource Consent process.

5.3 Proposed Lease

5.3.1 The Club have requested a long-term lease of 50 years, however officers propose a maximum lease term of 35 years less one day to keep in line with the current practice of granting leases on land deemed to be a local park.

5.3.2 At final expiry of the lease, and in accordance with the current leasing policy, the Council would consider a new lease with the Club as they would be considered to be the logical lessee as a sports club occupying public land.

5.3.3 The rent will be set in accordance with the Council's Sports Lease Charges Policy or other such rental policy in effect at the time of granting the lease. Based on the current policy, the annual rental will be $593 plus GST with three-yearly rent reviews.

5.4 Community Views and Preferences

5.4.1 As this is red zone land, consultation on the lease will be carried out in accordance with the decision making sections of the Local Government Act, specifically sections 76-82; this is further detailed in Attachment C.

5.4.2 In addition, public notification of the intention to grant a lease in accordance with section 138 of the Local Government Act must be completed for any lease of land considered to be a "park" for a period greater than six (6) months.

5.4.3 The proposed consultation includes a three-week ‘Have Your Say’ process, backed by a Newsline article, mail drop to nearby residents and wider distribution via local email lists and public notification in The Press of the intention to grant a lease.

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment Te Rautaki Tīaroaro

6.1 This proposal aligns with a number of the Community Outcomes in Council’s Strategic Framework, including:

6.1.1 Strong Sense of Community (sense of belonging)

6.1.2 Safe and Healthy Communities (frequency of physical activity)

6.1.3 Celebration of our identity through arts, culture, heritage, sport and recreation (arts, cultural, sporting and recreational opportunities are available to all our communities)

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

6.2.1 Activity: Parks and Foreshore

· Level of Service: 6.8.5 Satisfaction with the overall availability of recreation facilities within the city's parks and foreshore network. - Resident satisfaction with the availability of recreation facilities across the parks and foreshore network: >= 70%.

Policy Consistency Te Whai Kaupapa here

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

6.3.1 Leasing Council Property Policy - dealing unilaterally with an unsolicited proposal.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.4 The decision 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 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 proposal was forwarded to Mahaanui Kurataiao Ltd for comment by the Council's Principal Advisor Treaty Relationships. A reply has not been received at the time of submitting this report to the agenda and officers will update the Community Board if any concerns are raised.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.7 This proposal does not have any significant effect upon carbon emissions and Climate Change. We will encourage the lessee to consider low-carbon methods of constructing their facilities.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.8 This proposal would increase local access to recreation facilities.

6.9 The properties in question are currently fenced off to prevent access, although this fencing is relatively low height (around 1 metre). The wider plans for this project show a walking/cycling route through the site. While unfunded, this would have an accessibility benefit for people heading towards Scarborough Park and the beach.

6.10 All designs would be required to comply with relevant accessibility standards.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement. As this is a third-party proposal, there is no specific cost for Council to implement. It would however trigger further discussions around contributions towards the wider site plans.

7.2 Maintenance/Ongoing costs. This proposal would save a small amount of OPEX, by removing some 3000m² from our mowing regime. Maintenance of the courts and fencing would sit with the lessee.

Other He mea anō

7.3 None identified.

8. Legal Implications Ngā Hīraunga ā-Ture

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

8.1 Local Government Act 2002: authority to enter into a lease pursuant to s138.

8.2 The Council has delegated to Community Boards the responsibility, duty, power etc. “To grant leases or licences for a maximum term of 35 years to any person or body over parks, and to authorise staff to sign all required documentation.” However, as the Council is dealing unilaterally with the Club, that delegation sits with the Council and the Community Board may only recommend to the Council that the lease be granted.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.3 The legal considerations are:

8.3.1 Correct application of provisions pursuant to 8.1-8.2 above.

8.3.2 Local Government Act 2002- Decision Making, dealing unilaterally; consideration of community views.

8.4 This report has not been reviewed and approved by the Legal Services Unit although legal advice will be provided in the preparation of the lease documents.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 An initial geotechnical risk assessment has deemed that this is a suitable use for the site. A more detailed risk assessment would be required as part of the Lessee’s application for a Resource Consent.

9.2 Similarly, the Resource Consent will require details on safe treatment of any residual land contamination on the site.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a	Sumner Tennis and Squash Club Proposal for Nayland/Wiggins Street	23/361259
b	Sumner Tennis Club - Propsed Extension Heberden Ave Lease Area	23/370473
c	Sumner Tennis and Squash Club - Factors to Consider When Dealing Unilaterally	23/362763

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

David Little - Manager Residential Red Zone

Kathy Jarden - Team Leader Leasing Consultancy

Approved By

Angus Smith - Manager Property Consultancy

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizens & Community

Council

07 June 2023

11. Urban Forest Plan
Reference / Te Tohutoro:	23/169822
Report of / Te Pou Matua:	Toby Chapman, City Arborist (Toby.Chapman@ccc.govt.nz) Andrew Rutledge, Head of Parks (Andrew.Rutledge@ccc.govt.nz)
General Manager / Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The purpose of this report is to provide the Council with a summary of submissions received during public consultation on the draft Urban Forest Plan (the draft Plan). Staff have analysed the submissions on the draft Plan and make recommendations for the final form of the Urban Forest Plan.

1.2 This report is intended to support the Council to deliberate on both written submissions and deputations, and changes recommended to the final form of the draft Plan.

1.3 The decisions in this report are of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the high level of interest in the Plan and the potential environmental, social, cultural and economic community benefits in carrying out this decision to approve the Plan. The public consultation outlined in this report and in the attachments reflects this assessment.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Consider the results of the consultation process on the draft Urban Forest Plan (Attachment A), and in doing so hear any deputations.

2. Receive the staff analysis of submissions (Attachment A) and proposed changes to the draft Urban Forest Plan (Attachment B).

3. Adopt the Urban Forest Plan with the amendments outlined in Attachment B.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 The Council’s final approval of the Urban Forest Plan is sought in time for actions to be built into the programming and investment planning for the 2024-34 Long Term Plan.

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 Not to have an Urban Forest Plan: This is not recommended as it is important that the Council is more strategic in its planning. Having an Urban Forest Plan will provide clear direction for decision making; help the Council achieve its strategic objectives and community outcomes, such as improved neighbourhood amenity and safety; and meet the goals of its other plans and strategies, including climate-related goals.

4.2 Not to make any changes to the draft Urban Forest Plan: This is not recommended as the draft Plan was approved by the Council to be consulted on. The feedback received from the public has been considered by staff and amendments are proposed to ensure we have a fit-for-purpose Urban Forest Plan.

5. Detail Te Whakamahuki

5.1 The Urban Forest Plan will set out the pathway for our city to enhance and increase the tree canopy, which in recent years has diminished in size. Urban trees play a vital role in our city and communities’ response to climate change (e.g. offsetting carbon, mitigating effects of heat, reducing pressure on stormwater systems during storm events) and also contribute to our wellbeing and the liveability of our neighbourhoods (e.g. recreation spaces, shade, habitat for other flora and fauna).

5.2 The draft Plan describes the investment pathways and implementation actions required to increase the canopy cover across the city’s urban area, with a 50-year horizon to achieve targets.

5.3 Four goals drive implementation: planting an urban forest that grows sustainably; nurturing it to thrive with healthy, diverse and resilient trees; protecting the urban forest as critical infrastructure; and involving partners and community in the forest’s care and growth.

5.4 Objectives and actions to achieve these goals are underpinned by the approach ‘right tree, right place, right function’. Objectives focus on ensuring sustainable growth of our tree canopy. Achieving all the actions ahead of us will require not only Council investment but vitally - partnership and community participation.

5.5 The Urban Forest Plan is part of a ‘family’ of integrated plans that will direct our future land use and growth planning and investment decisions. Other plans include the draft spatial and transport plans, our parks facilities network plans as well as the implementation of the Kia tūroa te ao Climate Resilience Strategy. These plans align with the urban form sought through the development of the draft Greater Christchurch Spatial Plan and build on mana whenua values and aspirations.

6. Community Views and Preferences / Ngā mariu ā-Hāpori

Public Consultation / Te Tukanga Kōrerorero

6.1 Public consultation on the draft Plan ran from 2 February 2023 until 6 March 2023. Consultation booklets with the full draft plan were available in all council libraries and service centres. People could also read the draft plan and make submissions on the council Have Your Say webpage.

6.2 A Newsline article and social media posts were published throughout February to provide information on the draft Plan, encourage submissions, and advertise public webinars.

6.3 An email was sent to 124 stakeholders with a particular interest in the draft Plan’s subject matter, advertising consultation and webinars, and offering to meet with interested community groups.

6.4 Two webinars were held on 13 February 2023; a lunch-time and an evening session. During the consultation period, the lunch time session was viewed 279 times, and the evening session 375 times.

6.5 Community Boards and Community Governance teams promoted the consultation and webinars locally via Board Area reports, local community notices, bulletins or newsletters, and emails to community groups. Waihoro Spreydon-Cashmere-Heathcote Community Board also offered a drop-in session on 13 February, attended by staff and three residents.

Summary of submissions

6.6 We received a total of 290 submissions, which are available on the Have Your Say webpage. Submissions were made by 46 recognised organisations, 240 individuals and 4 Community Boards. A full analysis of the submissions is attached to this report (Attachment A). As a result of the submissions analysis, staff have recommended a number of amendments to the draft Plan. These are tracked into a version of the draft Plan at Attachment B.

6.7 Additionally, when the Tree Policy was consulted on in September-October 2020, a number of submissions related to the Urban Forest Plan, including native or exotic trees; private property, subdivisions and intensification. Staff retained the submissions from that process and considered them as part of the development of the draft Plan.

6.8 The submissions were largely in support of the draft Plan. 274 submitters supported the urban forest plan, 9 were neutral/split, 3 opposed, and 4 raised specific requests outside of the scope of the plan.

6.9 The submissions reflect the public’s understanding of the importance of trees for our city and the aesthetic, environmental, economic, cultural and social benefits they provide. A number of submissions also noted the leadership role of the Council in managing trees to ensure the benefits of these assets are maintained for future generations; and to contribute to achieving the Council’s goals regarding the climate.

6.10 The submission (#50103) of Te Mana Ora (Community and Public Health) notes that a lack access to tree cover and green spaces can have strong impacts on the health and wellbeing of communities and comments the Plan’s importance of a “strategic approach to ensuring equitable access for communities and residents in Ōtautahi Christchurch to trees and green space now and in the future”.

6.11 Key themes and concerns raised by submitters are outlined below, with the full submission analysis available in Attachment A. Staff provided comments regarding the submission themes, and recommended changes, where appropriate:

6.11.1 Ideas to increase tree canopy cover – the majority of feedback touched on this theme, with submitters offering ideas and initiatives to increase tree canopy cover. Many encouraged the Council to think outside the box, suggested specific locations and ways to incentivise increasing tree canopy.

Staff comment – staff have taken on board these suggestions and will be considered as part of the implementation. Many of these suggestions fit within the current actions in the draft Plan.

6.11.2 Greater protection of existing trees – many submitters commented on improving protection and maintenance of existing trees, particularly during development, and by utilising registers to identify heritage and special trees, as well as protection from vandalism and elements. This was overwhelmingly guided by the recognition of submitters that retention of mature trees was preferred to planting new trees. Many requested that we place more controls on property developers to further prevent loss of trees and green space, during intensification.

Staff comment - Goal 3 specifically relates to protection of trees, which includes actions around using all regulatory tools that the Council has available. Staff recommend additional actions relating to increasing the number of significant trees to the Council’s register and to form closer relationships with developers (Attachment B).

6.11.3 Biodiversity considerations – several submitters emphasised the importance of native trees. However, submitters also expressed concern at the loss of exotic trees and requested consideration of Christchurch’s image and heritage. An overwhelming majority of submitters mentioned that striking a balance between prioritising native indigenous plantings, while also having enough deciduous trees to promote fruit and nut foraging, was necessary. Many agreed with the focus on “right tree, right place, right function” principle, ecology and consulting with iwi, rūnanga and hapū.

Staff comment - Currently, a large majority of Council plantings are native species. These are generally in revegetation places and not as prominent for our communities. Objective 2.4 of the draft Plan promotes an increase in the visibility of native species. This will be achieved through a stronger focus of planting natives in our open spaces and streets as specimen trees, while maintaining a mix of exotic trees. Objective 2.3 supports choosing tree based on the attributes they provide. Staff recommend an additional action relating to prioritising indigenous species along waterways and sites of ecological significance (Attachment B).

6.11.4 Climate change urgency and more ambitious tree canopy targets – many submitters suggested that we bring forward the timeframes to meet our targets, and some suggested that we increase specific target percentages of canopy cover. This theme was largely explored by submitters within the lens of climate change, not only to off-set emissions, but also to mitigate the effects of increasingly frequent adverse weather events – for example, in absorbing coastal erosion, controlling runoff, buffering high winds and reducing drought.

Staff comment - The timeframes in the draft Plan are set based on the time it takes for the tree to mature. The targets set within the draft Plan are based on a combination of land use, existing canopy and the Council’s influence on this space. Staff recommendation is to keep with the existing targets.

6.11.5 Leverage community, education and incentives – submitters explored the need for community-led action. Strategies mentioned included educating communities to empower them to respond to their own area’s specific needs. For instance, guidelines to make sure the right trees are planted in the right place, engaging community boards, residents associations and iwi, and involving local schools.

Staff comment - Goal 4 focuses on involving the community, which acknowledges the importance of collaboration and partnerships with mana whenua, community groups and property owners. Staff have proposed additional actions to Goal 4 in Attachment B.

7. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

7.1 The draft Plan underpins the Council's Strategic Priorities of 'Meeting the challenge of climate change through every means available' and 'Enabled active and connected communities to own their futures'. It supports our key Community Outcomes of Resilient Communities, Liveable City, Healthy Environment, and Prosperous Economy.

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

7.2.1 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

7.3 The decision is consistent with Council’s Plans and Policies, in particular, the:

7.3.1 District Plan

7.3.2 Tree Policy 2021

7.3.3 Kia tūroa te Ao Ōtautahi Christchurch Climate Resilience Strategy 2021

7.3.4 Te Haumako Te Whitingia Strengthening Communities Together Strategy 2022

7.3.5 Biodiversity Strategy 2010-2025

7.3.6 Reserve Management Plans

7.3.7 Ōtakaro Avon River Corridor Regeneration Plan.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

7.4 The decision does involve 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.

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

7.6 At the request of Mahaanui Kurataio (MKT), Mana Whenua values, as expressed in the Mahaanui Iwi Management Plan, have been incorporated into the development of the draft Urban Forest Plan, as acknowledged by MKT via email correspondence. This was followed by a review of the completed draft Plan by MKT on behalf of Rūnanga, with feedback in support of the draft Plan.

7.7 In addition, MKT made a submission (#50553) through the public consultation process, making a number of further suggestions to the draft Plan to ensure it incorporates mana whenua values. Staff met with MKT to discuss the submission and seek clarification on some submission points. Suggested amendments to the draft Plan have been incorporated, particularly strengthening the narrative around planting more native species and the addition of actions that specifically align with the Iwi Management Plan.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

7.8 The contribution of tree canopy cover to offsetting impacts of climate change is a key outcome of the Urban Forest Plan. Urban trees are important to help us meet the challenge of our climate and ecological emergency. Trees are one of the most cost-effective ways of reducing our emissions, and provide numerous co-benefits for the community and environment.

7.9 The draft Urban Forest Plan outlines the role of trees in reducing the impacts of climate change, including through sequestering carbon, intercepting rainfall, reducing erosion, filtering urban pollutants, reducing the heat island effect and cooling the air. With the changing climate, the Urban Forest Plan acknowledges that some trees may no longer be suitable for our environment, which will have a significant impact on indigenous biodiversity.

7.10 The Urban Forest Plan is also supported by the Tree Policy which has a range of policy statements, such as two for one tree replacement and requirements for eco sourcing, which will contribute to mitigating climate change and ecological sustainability.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

7.11 Equitable tree coverage is one of the main issues that the Urban Forest Plan seeks to address. As the urban forest is not spread evenly across our communities, the benefits are not shared to the same extent for everyone. The Urban Forest Plan sets targets to distribute canopy cover, including no ward having less than 15% total canopy cover.

7.12 The Urban Forest Plan emphasises trees as core infrastructure that needs to be adequately designed and planned for. This will prevent a lot of infrastructure damage issues that have occurred in the past, e.g. broken footpaths.

8. Resource Implications Ngā Hīraunga Rauemi

8.1 Following the adoption of the Urban Forest Plan, actions that require additional investment in new projects or operations will be identified and will need to be considered as part of long term and annual budgets’ planning processes. The Urban Forest Plan section on Implementation and funding (page 21) and the Action Plan explains this in more detail.

8.2 The Council has also recently had its Better Off Funding application accepted, with $6.9 million allocated to trees and biodiversity. This funding will accelerate the Council’s ability to significantly increase urban planting and indigenous forest restoration in regional parks.

9. Legal Implications Ngā Hīraunga ā-Ture

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

9.1 The Council has authority to adopt the final Urban Forest Plan.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

9.2 The legal consideration principally relates to good and consistent decision making. The Council must consider the written submissions and deputations received on the draft Urban Forest Plan.

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

10. Risk Management Implications Ngā Hīraunga Tūraru

10.1 Any delays in adopting a final Urban Forest Plan will mean staff will have difficulty achieving the actions in the Urban Forest Plan. Adopting the Urban Forest Plan will mean that the actions can be built into the programming and investment planning for the 2024-34 Long Term Plan.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Summary of submissions	23/706379	146
b ⇩	Proposed changes to the draft Urban Forest Plan (as at 1 June)	23/852246	151
c	Urban Forest Plan - submission table for public - 20230601 (Under Separate Cover)	23/854149

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

Libby Elvidge - Principal Advisor Citizens & Community

Swantje Bubritzki - Senior Engagement Advisor

Toby Chapman - City Arborist

Approved By

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizens & Community

Council

07 June 2023

12. Events and Festivals Fund
Reference / Te Tohutoro:	23/91974
Report of / Te Pou Matua:	Lucy Blackmore, Manager Events and Arts, lucy.blackmore@ccc.govt.nz Tanya Cokojic, Team Leader Events Partnerships, tanya.cokojic@ccc.govt.nz
General Manager / Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

1. Nature of Decision or Issue and Report Origin

1.1 The purpose of this report is for Council decide on the allocation of the Events and Festivals Sponsorship Fund for Financial Year 2023/24.

1.2 The report is staff generated.

1.3 The decisions in this report are considered medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the outcome of the decisions having the potential to generate community interest and the likely impact on, and consequences for, the social and economic wellbeing of the City.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Approve carrying forward the $103,539 remaining in the Events Discretionary Response Fund for inclusion in the 2023/24 Events and Festivals Fund to be allocated.

2. Approve the staff recommendations for the allocation of the Events and Festivals Sponsorship Fund for the 2023/24 financial year as detailed in the Events and Festivals Sponsorship Fund Evaluation attached to this report (Attachment A).

3. Approve the establishment of an Events and Festivals Discretionary Response Fund as per the eligibility criteria attached to this report (Attachment D).

4. Approve that the $6,000 in unallocated funding (previously earmarked for the Orton Bradley Spring Fair but withdrawn) be included in the 2023/24 Events and Festivals Discretionary Response Fund to support an event that may require funding outside of the funding cycle.

5. Delegate to the Head Recreation Sports and Events authority to approve grants from the Events and Festivals Discretionary Response Fund of up to $15,000 in accordance with the eligibility of the fund.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 All the events recommended for support meet the Events and Festivals Sponsorship Fund criteria highlighted in the Events and Festivals Sponsorship Fund Staff Evaluation Matrix (Attachment C) and have been prioritised accordingly for support.

3.2 The Events and Festivals Sponsorship Fund for Financial Year 2023/24 was oversubscribed with 45 applications totalling $1,707,966 received. $521,835.00 is on budget to be allocated less $235,000 which is already committed on multi-year contracts leaving $286,835 available to allocate this financial year.

3.3 The Events Discretionary Response Fund currently has $103,539 available to distribute. If the balance is allocated through Events and Festivals 2023/24 it would increase the total available for allocation this financial year through Events and Festivals to $390,374.

4. Alternative Options Considered Ētahi atu Kōwhiringa

4.1 Reject or alter staff recommendations or refer funding request to another fund for consideration.

4.2 Decline the resolution to carry forward the $103,539 remaining in the Events Discretionary Response Fund for inclusion in the 2023/24 Events and Festivals Fund to be allocated. This would leave a total of $286,835 available to allocate this financial year through Events and Festivals.

5. Detail Te Whakamahuki

Events and Festivals Sponsorship Fund

5.1 The purpose of the Events and Festivals Sponsorship Fund is to provide support for events that enhance regional and local Christchurch as a place to live and visit and to strengthen the distinctive lifestyle, qualities, and identity of Christchurch.

5.2 Applications to this fund were received by Sunday March 12 2023. Information provided by the applicants included the event budget and company/organisation details. An event business plan was provided for multi-year applications. Applications have been assessed against the fund criteria (Attachment C), Council strategies and within the total funding available.

5.3 The Financial Year 2023/24 fund has operated under the same process as previous years with ChristchurchNZ. Community and regional events were assessed as part of this fund, and any major/mega events would be assessed under the ChristchurchNZ’s funding portfolio.

5.4 There were no applications received to the Events and Festivals Sponsorship Fund that were considered major/mega events.

Timeline for Assessment

5.5 January 2022: Industry-wide notification of fund opening dates.

5.6 10 February –12 March 2023: Fund opened.

5.7 March – April 2023: Applications assessed against the fund criteria and recommendations drafted by Council staff.

5.8 2^nd May: Applications presented in Council Briefing.

5.9 7 June 2023: Final allocation decisions made in Council Meeting.

Events Discretionary Response Fund

5.10 In Financial Year 2020/21 an Event Discretionary Response fund was set up with funds from events that cancelled due to Covid-19 related reasons.

5.11 Allocation of this funding was considered under the same process as the Metropolitan Strengthening Communities Discretionary Response Fund (DRF) with requests for amounts under $15,000 being assessed at DRF panel and amounts over $15,000 taken to Council for consideration.

5.12 In the previous two financial years any returned or unused funds from Events and Festivals Fund that cancelled for unforeseen reasons such as Covid-19 were pooled into an Events Discretionary Response Fund.

5.13 The Discretionary Response Fund currently has $103,539 available to distribute. Staff recommend the balance of this fund be allocated through Events and Festivals 2023/24 financial year.

5.14 If the balance is allocated through Events and Festivals 2023/24 it would increase the total available for allocation this financial year through Events and Festivals to $390,374.

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

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

6.1.1 Activity: Recreation, Sport, Community Arts & Events

Level of Service: 2.8.6.1 Support community-based organisations to develop, promote and deliver community events and arts in Christchurch - 15,000 hours of staff support provided to community organisations.

6.1.2 Activity: Recreation, Sports, Community Arts and Events

Level of Service: 2.8.6.2 Support community-based organisations to develop, promote and deliver community events and arts in Christchurch. - 80% satisfaction with the quality of Council event support.

Policy Consistency Te Whai Kaupapa here

6.2 The decisions are consistent with these Council’s Plans and Policies:

6.2.1 Events Policy Framework

6.2.2 Community Events Implementation Plan

6.2.3 Toi Ōtautahi – Art and Creativity Strategy

6.2.4 Central City Activation Plan

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.3 The decision 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. 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.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.4 Events that are granted sponsorship support from the Events and Festivals Sponsorship Fund are required to work with Council to implement sustainable waste management initiatives to reduce the impact of the event on the environment where possible and report back on this as part of their post-event report.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.5 Events that receive sponsorship support from the Events and Festivals Sponsorship fund are required to include accessibility options within their event.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1 Cost to Implement – No additional cost to Council, allocation of the fund is included in existing budgets.

7.2 Maintenance/Ongoing costs – No additional cost to Council.

7.3 Funding Source – Events and Festivals Sponsorship fund.

Other He mea anō

7.4 Not applicable

8. Legal Implications Ngā Hīraunga ā-Ture

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

8.1 The Council has delegation for the allocation of the Events and Festivals Fund.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

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

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

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 Insufficient funds to meet the requests may result in negative response from some applicants.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Events and Festivals Sponsorship Fund Evaluation	23/794921	192
b ⇩	Events and Festivals Sponsorship Fund Budget	23/794923	193
c ⇩	Events and Festivals Sponsorship Fund Staff Evaluation Matrix	23/713418	194
d ⇩	Events Discretionary Response Fund Eligibility Criteria	23/713578	195

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

Document Name – Location / File Link

Events and Festivals Sponsorship Fund information available on CCC website. Events and Festivals Sponsorship Fund : Christchurch City Council (ccc.govt.nz)

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

Lucy Blackmore - Manager Events and Arts

Approved By

Nigel Cox - Head of Recreation, Sports & Events

Mary Richardson - General Manager Citizens & Community

Council

07 June 2023

13. Review of current outdoor dining policies and draft replacement Outdoor Dining in Public Places Policy
Reference / Te Tohutoro:	22/1396916
Report of / Te Pou Matua:	Ruth Littlewood, Senior Policy Analyst, ruth.littlewood@ccc.govt.nz Stephen Wright, Manager Transport Operations, Stephen.wright@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 informs the Council of the outcome of the review of current policies for outdoor dining and recommends a draft replacement policy for public consultation.

1.2 This report is staff generated.

1.3 The decision in this report is assessed to be of low significance in terms of the Christchurch City Council’s Significance and Engagement Policy. The requested decision is to consult on a draft policy which will replace two very outdated policies on the same topic; this decision can be easily changed. The assessment of significance has had regard to a range of factors including the number of people affected and/or identified as having an interest in the policy, the level of impact on those directly affected, the perceived level of community interest, and assessed costs and benefits of the policy.

1.4 Having assessed the significance of the draft policy, consideration has been given to an appropriate engagement process. The staff recommendation is for the consultation process to include the opportunity for people to make submissions and provide informal feedback and to present their views to a hearing panel; the panel to consider all submissions/feedback and to make recommendations to the Council on the final form of the policy.

2. Officer Recommendations / Ngā Tūtohu

That the Council:

1. Receive the information on the review of the current outdoor dining policies, the Footpath Extensions to Expand Cafes onto the Roadway Policy 1998 and Public Street Enclosures Policy 2006 and

2. Approve the draft Outdoor Dining in Public Places Policy 2023 (Attachment A) for consultation.

3. Note that staff will prepare a consultation document for the proposal and that the consultation process will include:

· advertising the proposal on the Council’s website, social media and on Newsline,

· direct notification of parties identified as being affected and/or having an interest,

· making available the consultation document and draft Outdoor Dining in Public Places Policy online and through libraries and service desks,

· allowing for submitters to provide their views via ‘HaveYourSay’, by email or in writing, and

· provision for submitters to be heard on their views.

4. Convene a hearings panel to receive and hear submissions on the proposed replacement policy, deliberate on these submissions, and make recommendations to the Council on the final form of the policy.

3. Reason for Report Recommendations Ngā Take mō te Whakatau

3.1 The Council’s two policies managing outdoor dining are not fit-for-purpose. The 1998 and 2006 policies are difficult for the business community to understand, hard for staff to apply, and do not adequately address Council’s current priorities such as making public places smoke and vape free. Staff propose replacing them with one policy which is more user-friendly and better aligned with the Council’s current bylaw and policy framework. This report recommends a draft replacement policy for public consultation.

4. Alternative Options Considered / Ētahi atu Kōwhiringa

Option 1-Replace the two current policies with a new policy

4.1 This is the preferred option and is discussed in this report.

Option 2- Retain the current policies

4.2 Option 2 is to (having reviewed the current policies), to retain these policies.

4.3 This is not the preferred option because the current policies are outdated, not well aligned to related policy settings, and not easily understood by the community (including the business community that operates outdoor dining). This is not the preferred option because the current policies do not adequately address existing problems.

Option 3- Revoke the policies and not replace them

4.4 Option 3 is to revoke the current policies, and not replace them. The Council would rely on legislation, the Public Places Bylaw 2018 and non-regulatory measures (e.g., education and advocacy for making outdoor dining areas smoke and vape free). This is not the preferred option because:

· The analysis undertaken in this review has found that in order to address problems effectively, a more detailed policy under the Public Places Bylaw is necessary to protect the interests of the Council and the public.

· Alternative options such as relying on voluntary compliance, are not as effective and would not address a range of actual and potential problems.

5. Detail / Te Whakamahuki

5.1 Outdoor dining plays a key role in the city’s vitality, culture and economy. While most outdoor dining activities take place on private land, the Council also has an important role in providing for outdoor dining activities in public spaces.

5.2 Currently, there are 74 outdoor dining areas licenced by the Council ^{^[1]} with 38 in the central city and 36 elsewhere (in the suburbs, Lyttelton and Akaroa). Nearly all (72 of the 74) licensed outdoor dining areas are located on public road, while two are situated on parks. The key features of an outdoor dining licence are that the licence permits a licensee to occupy an area of road or park, to locate their furniture in the defined area and to serve customers. The licensee controls the use of their tables and chairs, but members of the public continue to have the right to walk through an outdoor dining area at any time because it is a public place.

5.3 Outdoor dining activity requires approval under the Public Places Bylaw 2018 because it is a form of ‘trading in a public place’ and because the tables and chairs are deemed ‘obstructions of a public place’.

Current Council policies

5.4 We currently manage outdoor dining using two dated and overlapping policies: the Footpath Extensions to Expand Cafes onto the Roadway Policy 1998 and the Public Street Enclosures Policy 2006.

5.5 Neither of these policies is well aligned with the Public Places Bylaw nor with other relevant policies such as our Structures on Roads Policy 2020.

5.6 The 1998 and 2006 policies are difficult for the business community to understand, hard for staff to apply, and do not adequately address important issues including in particular accessibility.

Review of these policies

5.7 The review of these policies commenced in 2020 but was put on hold in 2021 due to concerns about consulting the business community at a time when they were significantly impacted by the COVID-19 lockdowns.

5.8 Prior to the review being put on hold, staff examined the effectiveness of the existing policies and discussed them with Community Boards and the Council. Feedback from elected members at the time strongly supported the development of a single replacement policy to take the place of the 1998 and 2006 policies.

5.9 The conclusions of the review found:

· that the current policies should be replaced with a single policy, made under the Public Places Bylaw 2018 and consistent with other Council policies such as the Smokefree and Vapefree Public Places Policy 2020; and

· that alongside the development of a replacement policy, there should be significant improvements to the licensing process, forms and guidance (online and in plain English etc.).

The Draft Policy

5.10 In developing the draft Policy, staff of the Council’s operational teams, particularly Transport, Parks, the licensing team and Urban Design (Planning and Consents) as well as with the City Growth and Property portfolio have been involved; this is to ensure the new policy meets the needs of the community, including the business community. In addition, preliminary engagement on the draft policy with members of the business community is underway.

5.11 The attached draft Outdoor Dining in Public Places Policy (Attachment A) is recommended to the Council to adopt as a consultation draft. The policy aims to:

· enable outdoor dining in public places,

· balance public and private interests in use of the road,

· protect essential public interests such as accessibility of footpaths,

· provide a clear management framework for outdoor dining as a form of trading in a public place under the Public Places Bylaw, and

· ensure businesses operating outdoor dining areas on private or leased land are not disadvantaged in comparison with licensed outdoor dining operations in public places.

5.12 The replacement Policy addresses identified problems through requirements for licensees:

· to display smokefree and vape free signage and to remove ashtrays or other receptacles for smoking or vaping litter. This requirement gives effect to the Council’s 2020 Smokefree and Vapefree Policy which identified licenced footpaths for outdoor dining as key areas to make smokefree and vapefree;

· to ensure that their outdoor dining areas are accessible for all pedestrians including users of wheelchairs and mobility devices, consistent with the Council’s Equity and Access for People with Disabilities Policy 2001;

· to provide an accessible pathway alongside outdoor dining areas on the footpath consistent with Waka Kotahi guidance. This is a more flexible requirement than the equivalent 2006 policy provision recognising that appropriate standards can vary depending on the amount of pedestrian traffic on a road;

· to manage all waste and litter associated with the outdoor dining activity; licensees are to manage all waste from their business and not to use the Council’s (street) rubbish bins for disposing of their waste and litter.

· In addition, the policy provides for licences to have a defined term (of up to three years) rather than the current open-ended term. This allows for the regular review of licences to address changes in circumstances, problems with current licences and to cater for changes to the licensee’s business itself e.g., alteration of the layout, furniture and hours of operation.

Next steps of the review:

5.13 The next steps in this review process are as follows:

Council decision to consult on draft policy.

Consultation

Hearings

Adoption and Implementation

This meeting-7 June

Mid- July to mid-August

September

October

6. Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment /Te Rautaki Tīaroaro

6.1 This report supports the:

6.1.1 Activity: Strategic Planning, Future Development and Regeneration

6.2 This decision gives effect to the Public Places Bylaw 2018 and is consistent with Council’s Plans and Policies including the Council’s Living Streets Charter, Smoke Free and VapeFree Public Places Policy, and the Equity and Access for People with Disabilities Policy.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.3 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

Climate Change Impact Considerations / Ngā Whai Whakaaro mā te Āhuarangi

6.4 None specifically identified.

Accessibility Considerations / Ngā Whai Whakaaro mā te Hunga Hauā

6.5 The attached draft Policy aims to better provide for accessibility, consistent with our Equity and Access for People with Disabilities Policy.

7. Resource Implications Ngā Hīraunga Rauemi

Capex/Opex / Ngā Utu Whakahaere

7.1 Cost to Implement - The cost of reviewing the policies including consulting on the draft policy, finalising a replacement policy and its implementation will be met within existing budgets.

7.2 Maintenance/Ongoing costs –The licencing fees and charges are intended to cover the costs of administering the outdoor dining licences including the costs of operating a licencing regime, monitoring and compliance costs.

8. Legal Implications Ngā Hīraunga ā-Ture

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

8.1 This report has been reviewed and approved by the Legal Services Unit.

Other Legal Implications / Ētahi atu Hīraunga-ā-Ture

8.2 The Council’s Legal Services Unit has been engaged in the review of the current policies and the development of a replacement policy and is satisfied that the proposed replacement policy under the Public Places Bylaw is proportionate, reasonable, and justifiable in relation to the Council’s powers to make regulatory policy under a bylaw.

9. Risk Management Implications Ngā Hīraunga Tūraru

9.1 The risks of consulting on and then adopting some form of proposed replacement policy are low. The consultation process will allow the public to have their say on the proposal.

Attachments / Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Draft Outdoor Dining Policy April 2023	23/483334	203

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

Ruth Littlewood - Senior Policy Analyst

Maryem Al Samer - Legal Counsel

Elizabeth Wilson - Team Leader Policy

Approved By

David Griffiths - Head of Strategic Policy & Resilience

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

Council

07 June 2023

14. Suburban Regeneration Biannual Report - October 2022 to March 2023
Reference / Te Tohutoro:	23/526413
Report of / Te Pou Matua:	Janine Sowerby, Senior Planner, Urban Regeneration (Janine.Sowerby@ccc.govt.nz)
General Manager / Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

1. Nature of Information Update and Report Origin

1.1 This is an information only report advising the Council of progress implementing suburban regeneration projects in the period October 2022 to March 2023.

1.2 Staff have been reporting on suburban regeneration implementation progress on a biannual basis, as part of delivering on the Urban Place Making Levels of Service performance targets.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Receive the information in the Suburban Regeneration Biannual Report for October 2022 to March 2023.

3. Brief Summary

3.1 Attachment A provides images and details of multiple regeneration projects across the city. The attachment is structured around the currently-agreed prioritisation of suburban regeneration locations. It summarises information from across Council and from other organisations (including ChristchurchNZ and the Council’s city-making partners) about projects for which there was activity during the reporting period.

3.2 A few highlights include:

3.2.1 Higher priority suburban regeneration locations

· New Brighton: A proposal to bring forward $300,000 to support improvements to New Brighton Mall’s public realm was included in the draft Annual Plan FY23/24, as part of work to align and coordinate private and public projects in the centre.

· Linwood Village: The additional funding necessary to award the contract for the Linwood Village streetscape upgrade was sourced via the Government’s Climate Emergency Response Fund (CERF).

3.2.2 Other Master Plan locations

· Ferry Road: The new Coastal Pathway connections at Tidal View and Windsurfers Reserve and associated amenity enhancements were completed and opened to the public.

· Sydenham: Waka Kotahi confirmed a preferred draft option for its Brougham St upgrade project which will contribute to the pedestrian improvements and cycle infrastructure anticipated by the Sydenham Master Plan.

· Lyttelton: The new public toilet on Albion Square and the car park, amenity, utility, infrastructural and access improvements at Naval Point were completed ahead of SailGP.

3.2.3 Other suburban locations/grant funding

· Diamond Harbour: Te Pātaka o Rākaihautū Banks Peninsula Community Board approved the preferred lessee for a commercial hospitality lease on Stoddart Point Reserve, pending public consultation on the proposed lease.

· City-making partners Life in Vacant Spaces (LiVS) and The Green Lab continued supporting projects in suburban areas, including completion of the Mairehau Neighbourhood Garden.

· Enliven Places Rates Incentive funding supported site activation in South New Brighton and Sydenham, such as the Common Ground community gathering place in Estuary Road. Place Partnership funding supported community-led projects in New Brighton, Birdlings Flat and Ouruhia, including new and refreshed murals.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Council Suburban Regeneration Biannual Report - October 2022 to March 2023 7 June 2023 - Attachment A - 2023-05-04	23/686493	211

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

Janine Sowerby - Senior Planner

Approved By

Carolyn Bonis - Team Leader Urban Regeneration

Bruce Rendall - Head of City Growth & Property

Mary Richardson - General Manager Citizens & Community

[1] In addition to the licenced outdoor dining activity in public places (the subject of this report), the Council leases outdoor areas in some facilities and parks for outdoor dining.

5. Council - Annual Plan Minutes - 27 April 2023
Reference / Te Tohutoro:	23/709615
Report of / Te Pou Matua:	Cathy Harlow, Committee and Hearings Advisor, Cathy.Harlow@ccc.govt.nz
General Manager / Pouwhakarae:	Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

6. Council Minutes - 3 May 2023
Reference / Te Tohutoro:	23/673777
Report of / Te Pou Matua:	Katie Matheis, Team Leader Hearings & Committee Support (Katie.Matheis@ccc.govt.nz)
General Manager / Pouwhakarae:	Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

7. Council Minutes - 17 May 2023
Reference / Te Tohutoro:	23/776114
Report of / Te Pou Matua:	Katie Matheis, Team Leader Hearings & Committee Support Katie.Matheis@ccc.govt.nz
Senior Manager / Pouwhakarae:	Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

8. Monthly Report from the Community Boards - May 2023
Reference Te Tohutoro:	23/727324
Report of Te Pou Matua:	The Chairpersons of all Community Boards
General Manager Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

9. Licence to Occupy Tables and Chairs - High Street Triangles to C1 Cafe
Reference Te Tohutoro:	23/725648
Report of Te Pou Matua:	Lisa Barwood, Leasing Consultant (Lisa.Barwood@ccc.govt.nz)
General Manager Pouwhakarae:	Mary Richardson, General Manager Citizens & Community (Mary.Richardson@ccc.govt.nz)

15. Notice of Motion - Temporary Traffic Management Delegations
Reference / Te Tohutoro:	23/851000
Report of / Te Pou Matua:	Councillor MacDonald (Sam.MacDonald@ccc.govt.nz)
Senior Manager / Pouwhakarae:	Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

16. Notice of Motion - Park Terrace Works
Reference / Te Tohutoro:	23/771358
Report of / Te Pou Matua:	Councillor Gough (James.Gough@ccc.govt.nz)
Senior Manager / Pouwhakarae:	Dawn Baxendale, Chief Executive (Dawn.Baxendale@ccc.govt.nz)

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
18.	Public Excluded Council Minutes - 3 May 2023			Refer to the previous public excluded reason in the agendas for these meetings.
19.	Public Excluded Council Minutes - 17 May 2023			Refer to the previous public excluded reason in the agendas for these meetings.
20.	Lyttelton Port Company Ltd - Governance	s7(2)(a)	Protection of Privacy of Natural Persons	To protect the reputation of the candidates.	As soon as decisions are made and the candidates are notified.