Minutes of Council - Wednesday, 2 August 2023

Council

02 August 2023

Karakia Tīmatanga: Given by all Councillors

The agenda was dealt with in the following order.

1. Apologies Ngā Whakapāha

Council Resolved CNCL/2023/00092

That the apologies received from Councillor Barber for absence and Councillor Johanson for early departure be accepted.

Councillor Peters/Councillor MacDonald Carried

2. Declarations of Interest Ngā Whakapuaki Aronga

Councillor Gough declared an interest in Item 10 - Organics Processing Plant - revocation of previous decision, and Item 11 - Organics Processing Plant - Immediate Odour Risk Reduction.

Councillors Coker, Keown and Templeton declared an interest in Item 17 - Complaint under the Elected Members' Code of Conduct.

3. Public Participation Te Huinga Tūmatanui

3.1 Public Forum Te Huinga Whānui

3.1.1 Storm McVay

Storm McVay spoke regarding democratic process.

Councillor Templeton raised a Point of Order citing the public forum speaker’s criticism of staff. The Mayor requested the speaker to refrain from criticising staff. The speaker continued and a second Point of Order was raised by Councillor Templeton, citing disrespect of staff. The Mayor requested the speaker be respectful of staff. The speaker continued and Deputy Mayor Cotter raised a third Point of Order in response to the speaker’s criticism of elected members. The Mayor requested the speaker to refrain from naming Councillors. Upon continued comments by the speaker criticising elected members, Councillor Templeton and Deputy Mayor Cotter each raised further Points of Order. The Mayor requested the speaker to be respectful of elected members.

Councillors Coker, Donovan, Fields, Templeton and Deputy Mayor Cotter left the meeting at 9.32am during Item 3.1.1.

Deputy Mayor Cotter returned to the meeting at 9.37am.

3.1.2 Richard Peebles & Ray Edwards

Richard Peebles and Ray Edwards spoke regarding central city issues.

The meeting adjourned at 9.42am and reconvened at 9.55am. Councillors Coker, Donovan, Fields, and Templeton returned at this time.

3.2 Deputations by Appointment Ngā Huinga Whakaritenga

There were no deputations.

4. Presentation of Petitions Ngā Pākikitanga

There was no presentation of petitions.

5. Council - Annual Plan Minutes - 27 June 2023

Council Resolved CNCL/2023/00093

That the Council confirm the Minutes from the Council - Annual Plan meeting held 27 June 2023.

AND

That the Council confirm the Minutes from the Council meeting held 5 July 2023.

AND

That the Council confirm the Minutes from the Council meeting held 19 July 2023.

Councillor Peters/Deputy Mayor Carried

6. Council Minutes - 5 July 2023

Council Decision

Refer item 5.

7. Council Minutes - 19 July 2023

Council Decision

Refer item 5.

Deputy Mayor Cotter left the meeting at 10.22am and returned at 10.24am during consideration of Item 8.

Councillor Gough left the meeting at 10.24am and returned at 10.31am during consideration of Item 8.

Councillor Henstock left the meeting at 10.27am and returned to at 10.31am during consideration of Item 8.

8. Monthly Report from the Community Boards - July 2023
Lyn Leslie, Chairperson, and Penelope Goldstone, Community Governance Manager, joined the meeting for presentation of the Te Pātaka o Rākaihautū Banks Peninsula Community Board area report. Callum Ward, Chairperson, and Keir Leslie, Deputy Chairperson, joined the meeting for presentation of the Waihoro Spreydon-Cashmere-Heathcote Community Board area report. Jason Middlemiss, Deputy Chair, and Matt McLintock, Manager Community Governance Team, joined the meeting for presentation of the Waimāero Fendalton-Waimairi-Harewood Community Board area report. Helen Broughton, Chairperson, and Marie Pollisco, Deputy Chair, joined the meeting for presentation of the Waipuna Halswell-Hornby-Riccarton Community Board area report. Emma Norrish, Chairperson, and Simon Britten, Deputy Chair, joined the meeting for presentation of the Waipapa Papanui-Innes-Central Community Board area report. Jackie Simons, Deputy Chairperson, and Chris Turner-Bullock, Community Governance Manager, joined the meeting for presentation of the Waitai Coastal-Burwood-Linwood Community Board area report.
	Council Resolved CNCL/2023/00094 Officer Recommendations accepted without change That the Council: 1. Receive the Monthly Report from the Community Boards - July 2023. Deputy Mayor/Councillor Scandrett Carried
	Attachments a Banks Peninsula Community Board Presentation to Council - 02 August 2023 ⇨ b Spreydon-Cashmere-Heathcote Community Board Presentation to Council - 02 August 2023 ⇨ c Fendalton-Waimairi-Harewood Community Board Presentation to Council - 2 August 2023 ⇨ d Halswell-Hornby-Riccarton Community Board Presentation to Council - 2 August 2023 ⇨ e Papanui-Innes-Central Community Board Presentation to Council - 02 August 2023 ⇨ f Coastal-Burwood-Linwood Community Board Presentation to Council - 02 August 2023 ⇨

The meeting adjourned at 10.36am during consideration of Item 9 to seek procedural advice from Council Officers and reconvened at 10.56am.

Report from Waipapa Papanui-Innes-Central Community Board - 12 July 2023
9. Rolleston Avenue and Park Terrace changes
	Council Officers Lynette Ellis and Gemma Dioni joined the table to present Item 9 and answer questions from elected members. The Community Board Recommendations were Moved by Councillor McLellan and Seconded by Councillor Templeton. During debate, Councillor Moore proposed an amendment (refer resolution 5 below), which was incorporated into the Motion by agreement of Councillors McLellan and Templeton as Mover and Seconder. At the conclusion of debate, the meeting voted on resolutions 1 and 2 together, which were declared carried. The meeting then voted on resolution 3 by division, which was declared carried. The meeting then voted on resolutions 4 and 5 separately, both of which were declared carried. The substantive resolution includes the original Community Board Recommendations 1 – 4 and resolution 5.
	Council Decision Part A That the Council: 1. Approves the changes to Rolleston Avenue (Attachment B) for a five year period, which is the expected duration of the Canterbury Museum redevelopment project, and will be given effect through a Temporary Traffic Management Plan. 2. Notes that the Temporary Traffic Management Plan for the changes to Rolleston Avenue is required to be reviewed on a 12-monthly basis. 3. Approves the changes to Park Terrace (Attachment C) for a further trial period of five years: a. Retaining the changes to Park Terrace as implemented for the: i. Two-way cycle way on-road ii. Pedestrian refuge crossing north of Armagh Street between two-way cycleway and traffic lanes iii. Speed cushions on southbound lane on approach to the crossing iv. Removal of one northbound traffic lane v. Reconfigured cycle / pedestrian crossing at Salisbury Street b. Changing the layout at the bus stop opposite Peterborough Street to remove the in-lane bus stop and bus border arrangement, and replace it with an indented bus stop. 4. Notes that if the Council agrees to the recommendations in this report, staff will report back to the Waipapa Papanui-Innes-Central Community Board with resolutions to change the bus stop resolution under the Community Board delegation. Councillor McLellan/Councillor Templeton Carried/Lost
	Council Resolved CNCL/2023/00095 That the Council: 1. Approves the changes to Rolleston Avenue (Attachment B) for a five year period, which is the expected duration of the Canterbury Museum redevelopment project, and will be given effect through a Temporary Traffic Management Plan. 2. Notes that the Temporary Traffic Management Plan for the changes to Rolleston Avenue is required to be reviewed on a 12-monthly basis. Councillor McLellan/Councillor Templeton Carried
	Council Resolved CNCL/2023/00096 That the Council: 3. Approves the changes to Park Terrace (Attachment C) for a further trial period of five years: a. Retaining the changes to Park Terrace as implemented for the: i. Two-way cycle way on-road ii. Pedestrian refuge crossing north of Armagh Street between two-way cycleway and traffic lanes iii. Speed cushions on southbound lane on approach to the crossing iv. Removal of one northbound traffic lane v. Reconfigured cycle / pedestrian crossing at Salisbury Street b. Changing the layout at the bus stop opposite Peterborough Street to remove the in-lane bus stop and bus border arrangement, and replace it with an indented bus stop. The division was declared carried* by 10 votes to 6 votes the voting being as follows:* *For:* Deputy Mayor Cotter, Councillor Coker, Councillor Donovan, Councillor Fields, Councillor Harrison-Hunt, Councillor Johanson, Councillor McLellan, Councillor Moore, Councillor Scandrett and Councillor Templeton *Against:* Mayor Mauger, Councillor Gough, Councillor Henstock, Councillor Keown, Councillor MacDonald and Councillor Peters Councillor Johanson requested his vote against resolutions 3(a)(i) and (iv) be recorded. Councillor Templeton requested her vote against resolution 3(b) be recorded. Councillor McLellan/Councillor Templeton Carried
	Council Resolved CNCL/2023/00097 That the Council: 4. Notes that if the Council agrees to the recommendations in this report, staff will report back to the Waipapa Papanui-Innes-Central Community Board with resolutions to change the bus stop resolution under the Community Board delegation. Councillor Gough requested his vote against resolution 4 be recorded. Councillor McLellan/Councillor Templeton Carried
	Council Resolved CNCL/2023/00098 That the Council: 5. Consider long term solutions for this area in its Long-Term Plan 2024/34 considerations. Councillor McLellan/Councillor Templeton Carried

The meeting adjourned at 11.44am and reconvened at 11.59am. Councillor Gough was not present at this time.

10. Organics Processing Plant - revocation of previous decision

Council Resolved CNCL/2023/00099

Officer Recommendations accepted without change

That the Council:

1. Revokes the below resolution of the Finance and Performance Committee on 28 April 2022 (FPCO/2022/00019):

“3. Support the continued operation at the Metro Place site with the current process controls to manage and mitigate odour until an alternative facility, or redevelopment of the current site, is operational”.

2. Revokes the below resolution of the Finance and Performance Committee on 26 May 2022 (FPCO/2022/00043):

“2. Confirm the previous resolution [3] of 26 April 2022”.

Mayor/Deputy Mayor Carried

Councillor Gough declared an interest in Item 10 and did not participate in the discussion or vote.

Councillor Henstock left the meeting at 12.01pm and returned at 12.09pm during consideration of Item 11.

Councillor Gough returned to the meeting at 12.03pm during consideration of Item 11.

11. Organics Processing Plant - Immediate Odour Risk Reduction

Council Resolved CNCL/2023/00100

Officer Recommendations accepted without change

That the Council:

1. Receive the information in the Organics Processing Plant – Immediate Odour Risk Reduction Report.

2. Note that additional time is needed to determine appropriate options for providing support and/or relief to affected households and that staff will report back in December 2023.

Mayor/Councillor MacDonald Carried

Councillor Gough declared an interest in Item 11 and did not participate in the discussion or vote.

12. Christchurch Northern Corridor - Downstream Effects Bus Lane Trial: Request for Time Extension

Council Resolved CNCL/2023/00101

Officer Recommendations accepted without change

That the Council:

1. Approve the continued operation and enforcement, in conjunction with the approved temporary traffic management plan, for the special purpose bus priority lanes on Cranford Street between Innes Road and Berwick Street through to the end of February 2024 or earlier if a decision on the final solution is taken before that time.

2. Note that staff are currently reviewing three original options for Cranford Street between Innes Road and Berwick Street, including a bus lane, clearway, and high-occupancy vehicle (HOV) lane.

3. Note that public consultation will be conducted in September to gather feedback on these three options, and following the consultation, staff will prepare a decision report outlining the public's preferred option for the Board and Council's approval in October/November 2023.

Deputy Mayor/Mayor Carried

13. Proposed sale of 18m2 site adjoining 43 Jollie St

Council Resolved CNCL/2023/00102

Officer Recommendations accepted without change

That the Council pass the following resolutions:

1. Declares the Council owned portion of land adjoining 43 Jollie Street known as Section 2 Survey Office Plan 16971 held in certificate of title CB30A/1183 and comprising 18 m²surplus to requirements.

2. Approves the sale of the land to Kainga Ora at $7,000 including gst if any, on a unilateral basis and in doing so resolves to depart from the policy to sell land using a market process on the following basis that:

a. This land was originally part of the adjoining site until the corner was taken to provide for a proposed road in 1958. The adjoining land never became road but an accessway for pedestrian and cycles.

b. Kainga Ora, who own the adjacent and contiguous land, are the obvious and natural owner for the property.

c. The sale will enable a housing development.

d. There is no other party that would be interested or benefit from purchasing or keeping this site.

e. The original use for which the land was acquired is no longer relevant and the land is now fee simple and able to be sold at market value by the Council.

3. Authorises the Manager Property Consultancy to undertake all actions, negotiate and conclude all the agreements necessary to facilitate the above in general accordance with this report on terms and conditions acceptable to him at his sole discretion, and in doing so make any decisions necessary to give effect to this.

Mayor/Councillor Scandrett Carried

14. Community Loan Application - Canterbury Softball
	A clearer version of the Softball Canterbury Terms of Trade document (included as part of Attachment C to the Agenda) was tabled at the meeting as the original version was of poor quality and difficult to read.
	Council Resolved CNCL/2023/00103 Officer Recommendations accepted without change That the Council: 1. Approve a Community Organisation Loan Scheme loan to the Canterbury Softball Association Limited of up to $45,000 to complete the installation of artificial softball surfaces at Cuthberts Green Wainoni; with a loan term of three years, at an interest rate of 5.4% per annum. 2. Resolve that the loan is conditional upon: a. Council taking general security on the current and fixed assets of the Canterbury Softball Association Limited. b. Canterbury Softball Association Limited demonstrating that they have sufficient funding for the project to proceed. 3. Delegate authority to the Head of Community Support & Partnerships to make the necessary arrangements to implement this resolution noting that all loan documentation will be reviewed by Council’s Legal Services Unit. Councillor Peters/Councillor Fields Carried
	Attachments a Softball Canterbury Terms of Trade - Council 02 August 2023 ⇨

Councillor MacDonald left the meeting at 12.20pm and returned at 12.23pm during consideration of Item 15.

15. Multicultural Elected Member Portfolio Report August 2023

Council Resolved CNCL/2023/00104

Councillor Harrison-Hunt’s Recommendations accepted without change

That the Council:

1. Receive the information in the Multicultural Elected Member Portfolio Report August 2023 Report.

2. Proceed with an expression of interest with Ministry for Innovation and Employment (MBIE) through Immigration New Zealand for Christchurch to join the Welcoming Communities programme.

3. Request staff explore the re-establishment of a Pacific Advisory Group in partnership with the Pacific Community and the Ministry for Pacific People’s (MPP).

4. Request staff provide advice on the establishment of a Diversity and Inclusion Panel or other appropriate mechanism to ensure the voice of diverse communities is considered.

5. Note that: A Partnering Agreement has been developed between the Ministry for Pacific Peoples and the Christchurch City Council that sets out our intention to work more closely on issues of common interest. A formal acknowledgement where Chief Executives of both parties will be organised and which all elected members will be invited to attend. Date and time to be advised.

Councillor Harrison-Hunt/Councillor Fields Carried

16. Electoral matters
	Council Officers Jo Daly and Helen White joined the table to present Item 16 and answer questions from elected members. Councillor Keown Moved and Councillor MacDonald Seconded the Officer Recommendations. Councillor Donovan then Moved an amendment (refer to Recommendation 3 below), which was Seconded by Councillor Templeton. At the conclusion of debate on the amendment the meeting voted by division which resulted in a tied vote. Consistent with the Council’s Standing Orders the amendment was then declared lost and the status quo maintained. The meeting then voted on the original motion as Moved by Councillor Keown and Seconded by Councillor MacDonald which was declared carried.
	Council Decision That the Council: 1. Receives the report. 2. Notes that First Past the Post is the electoral system that will be in place for the next general election of the Council in 2025. Councillor Keown/Councillor MacDonald Carried/Lost
	Council Decision 3. Request a report on the cost and logistics of a poll at the time of the next local body election to come back no later than April, 2024 to allow sufficient time to decide on a poll. The division was declared a tie* the voting being as follows:* *For:* Councillor Coker, Councillor Donovan, Councillor Fields, Councillor Harrison-Hunt, Councillor Johanson, Councillor Moore, Councillor Peters and Councillor Templeton *Against:* Mayor Mauger, Deputy Mayor Cotter, Councillor Gough, Councillor Henstock, Councillor Keown, Councillor MacDonald, Councillor McLellan and Councillor Scandrett Councillor Donovan/Councillor Templeton Lost
	Council Resolved CNCL/2023/00105 That the Council: 1. Receives the report. 2. Notes that First Past the Post is the electoral system that will be in place for the next general election of the Council in 2025. Councillor Keown/Councillor MacDonald Carried Councillors Donovan, Moore, and Templeton requested their votes against the resolution be recorded.

The meeting adjourned at 12.59pm and reconvened at 2.02pm. Councillor Johanson was not present at this time.

17. Complaint under the Elected Members' Code of Conduct
	The Mayor Moved and the Deputy Mayor Seconded a set of recommendations (refer resolutions 1 – 5 below). At the conclusion of debate, the meeting voted on the recommendations as Moved and Seconded, which were declared carried.
	Officer Recommendations That the Council: 1. Receive the report. 2. Resolve what action or penalty, if any, should be required in relation to the finding by the independent investigator that Cr Keown committed a serious breach of the Code of Conduct.
	Council Resolved CNCL/2023/00106 That the Council: 1. Receive the report of Mr. Green of Brookfields Law outlining the conclusion of his investigation of Councillor Templeton’s Code of Conduct complaint against Councillor Keown. 2. Agree that the Mayor will write a letter of censure to Councillor Keown in response to the conclusion of the report. 3. Request Councillor Keown make a personal apology to the staff named in the report and the Te Kaha Streets Hearing Panel. 4. Note that any staff performance questions or concerns should be raised through the Chief Executive. 5. Note that breaches of the code of conduct reflect on the whole of Council and undermine the integrity of other processes. Mayor/Deputy Mayor Carried Councillors Coker, Keown and Templeton declared an interest in Item 17 and did not participate in the discussion or vote.

18. Mayor's Report - Hospital Parking

Consistent with Council Officer’s advice, the recommended trial period outlined was changed from ten calendar days to fourteen calendar days (see italicised text in resolution 3 below) to allow two difference scenarios to be equally tested with weekday and weekend traffic flows. The Officer Recommendations were otherwise accepted without change.

Council Resolved CNCL/2023/00107

That the Council:

1. Designates any proposed changes to increase on-street carparking on Hagley Avenue (North of St Asaph Street) and Riccarton Avenue to be of metropolitan significance and the decisions to be exercised by the Council.

2. Requires staff to:

a. consult the Waipapa Papanui-Innes-Central Community Board before any staff recommendation(s) on changes to increase on-street carparking on Hagley Avenue (North of St Asaph Street) and Riccarton Avenue are presented to Council; and

b. include members of the Waipapa Papanui-Innes-Central Community Board in any future memos or briefings to Council on changes to increase on-street carparking on Hagley Avenue (North of St Asaph Street) and Riccarton Avenue.

3. Authorises staff to trial temporary lane closures on Hagley Avenue (North of St Asaph Street) and Riccarton Avenue that test potential options for increasing on-street carparking on those streets for a period of up to fourteen calendar days before reporting back to Council.

Mayor/Councillor MacDonald Carried

19. Resolution to Exclude the Public

Council Resolved CNCL/2023/00108

That at 2.15pm the resolution to exclude the public set out on pages 259 to 260 of the agenda be adopted.

Councillor Scandrett/Deputy Mayor Carried

The public were re-admitted to the meeting at 2.17pm.

Karakia Whakamutunga: Given by all Councillors

Meeting concluded at 2.18pm.

CONFIRMED THIS 6th DAY OF SEPTEMBER 2023.

Mayor Phil Mauger

Chairperson