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Christchurch City Council

Agenda

 

 

Notice of Meeting:

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

 

Date:                                    Wednesday 20 March 2024

Time:                                   9.30 am

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

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Phil Mauger

Deputy Mayor Pauline Cotter

Councillor Kelly Barber

Councillor Melanie Coker

Councillor Celeste Donovan

Councillor Tyrone Fields

Councillor James Gough

Councillor Tyla Harrison-Hunt

Councillor Victoria Henstock

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Sam MacDonald

Councillor Jake McLellan

Councillor Andrei Moore

Councillor Mark Peters

Councillor Tim Scandrett

Councillor Sara Templeton

 

 

14 March 2024

 

 

 

Principal Advisor

Mary Richardson

Interim Chief Executive

Tel: 941 8999

 

Katie Matheis

Democratic Services Advisor

941 5643

Katie.Matheis@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To watch the meeting live, or a recording after the meeting date, go to:
http://councillive.ccc.govt.nz/live-stream
To view copies of Agendas and Minutes, go to:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Council

20 March 2024

 

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Council

20 March 2024

 

TABLE OF CONTENTS NGĀ IHIRANGI

 Karakia Tīmatanga................................................................................................... 4 

1.        Apologies Ngā Whakapāha................................................................................. 4

2.        Declarations of Interest Ngā Whakapuaki Aronga.................................................. 4

3.        Public Participation Te Huinga Tūmatanui............................................................ 4

3.1       Public Forum Te Huinga Whānui.......................................................................................... 4

3.2       Deputations by Appointment Ngā Huinga Whakaritenga...................................................... 4

4.        Presentation of Petitions Ngā Pākikitanga............................................................ 5

Minutes Reports

5.        Audit and Risk Management Committee Minutes - 7 December 2023......................... 7

Staff Reports

6.        Christchurch City Holdings Ltd - Half year / Interim Report 2023/24........................ 13

7.        Whaka Terrace Repair...................................................................................... 85

8.        Ōtautahi Christchurch Greenhouse Gas Emissions Inventory Report....................... 95

9.        New Lease - Canterbury Horticultural Society - Part Tea Kiosk Building at Botanic Gardens................................................................................................................... 149

Mayor and Councillor Reports

10.      Mayor's Monthly Report................................................................................. 201

Notices of Motion

11.      Notice of Motion - Arms Amendment Act........................................................... 203

12.      Resolution to Exclude the Public...................................................................... 208

Karakia Whakamutunga

 

 

 


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.

3.1.1

Andrew Hamlin

Andrew Hamlin will speak regarding whether a bylaw can be passed to regulate cats.

 

 

3.1.2

CoCA Centre of Contemporary Art

Sean Duxfield and Sarah Roberts will speak on behalf of the Centre of Contemporary Art (CoCA) to thank the Council for its support and to provide an update on what CoCA has achieved over the last few years, including its partnership with the Museum.

 

 

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

Canterbury Horticultural Society & Envirohub

Gavin Treadgold, Canterbury Horticultural Society Board member, and Ben Adler, Envirohub Manager, will speak regarding Item 9 – New Lease – Canterbury Horticultural Society – Part Tea Kiosk Building at Botanic Gardens.

 

 

4.   Presentation of Petitions Ngā Pākikitanga

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

 


Council

20 March 2024

 

 

5.     Audit and Risk Management Committee Minutes - 7 December 2023

Reference / Te Tohutoro:

24/237850

Report of / Te Pou Matua:

Luke Smeele, Democratic Services Advisor, Luke.Smeele@ccc.govt.nz

Senior Manager / Pouwhakarae:

Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance

 

 

1.   Purpose of Report Te Pūtake Pūrongo

The Audit and Risk Management Committee held a meeting on 7 December 2023 and is circulating the Minutes recorded to the Council for its information.

2.   Recommendation Te Tūtohu Council

That the Council receives the Minutes from the Audit and Risk Management Committee meeting held 7 December 2023.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

A

Minutes Audit and Risk Management Committee - 7 December 2023

23/2013662

8

 

 

 

Signatories Ngā Kaiwaitohu

Author

Luke Smeele - Democratic Services Advisor

 

 


Council

20 March 2024

 

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Audit and Risk Management Committee

Open Minutes

 

 

Date:                                    Thursday 7 December 2023

Time:                                   2.01pm

Venue:                                 Council Chambers, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Chairperson

Members

Mr Michael Wilkes

Councillor Tyrone Fields

Councillor Sam MacDonald

Councillor Tim Scandrett

Mrs Hilary Walton

 

 

 

 

 

 

 

Acting Principal Advisor

Nick Hill

Head of Risk and Assurance

Tel: 941 8999

 

Luke Smeele

Democratic Services Advisor

941 6374

luke.smeele@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Part A           Matters Requiring a Council Decision

Part B           Reports for Information

Part C           Decisions Under Delegation

 

 

 

The agenda was dealt with in the following order.

1.   Apologies Ngā Whakapāha

Part C

Committee Resolved ARCM/2023/00021

That the apologies received from Jacqueline Robertson for absence and Councillor McLellan for lateness be accepted.

Councillor MacDonald/Councillor Fields                                                                                                         Carried

Secretarial Note: Councillor McLellan did not attend the Meeting.

 

2.   Declarations of Interest Ngā Whakapuaki Aronga

Part B

There were no declarations of interest recorded.

3.   Confirmation of Previous Minutes Te Whakaāe o te hui o mua

Part C

Committee Resolved ARCM/2023/00022

That the minutes of the Audit and Risk Management Committee meeting held on Monday, 16 October 2023 be confirmed.

Councillor MacDonald/Mrs Walton                                                                                                                    Carried

 

4.   Public Forum Te Huinga Whānui

Part B

There were no public forum presentations.

5.   Deputations by Appointment Ngā Huinga Whakaritenga

Part B

There were no deputations by appointment.

6.   Presentation of Petitions Ngā Pākikitanga

Part B

There was no presentation of petitions.

 

7.   LTP 2024-34 Update

 

Committee Resolved ARCM/2023/00023

Officer Recommendation Accepted without Change

Part C

That the Audit and Risk Management Committee:

1.         Receive the information in the LTP 2024-34 Update Report.

Councillor MacDonald/Councillor Scandrett                                                                                                 Carried

 

 

8.   Procurement and Contracts Unit FY24 Q1 Report

 

Committee Resolved ARCM/2023/00024

Officer Recommendation Accepted without Change

Part C

That the Audit and Risk Management Committee:

1.         Receive the information in the Quarterly Procurement Report for the months of July, August, September 2023 (FY2024 Q1 Report).

Mrs Walton/Councillor Fields                                                                                                                               Carried

 

 

9.   Resolution to Exclude the Public Te whakataunga kaupare hunga tūmatanui

 

Committee Resolved ARCM/2023/00025

Part C

Chantelle Gernetzky and Anna Jones of Audit New Zealand, remain after the public have been excluded for Items 11-12 of the public excluded agenda as they have knowledge that is relevant to those items and will assist the Council.

AND

That at 2.23pm the resolution to exclude the public set out on pages 45 to 46 of the agenda be adopted.

Councillor Fields/Mrs Walton                                                                                                                                 Carried

 

The public were re-admitted to the meeting at 3.37pm.

 

 

 

 

 

Meeting concluded at 3.38pm.

 

 

 

CONFIRMED THIS 8th DAY OF FEBRUARY 2024

 

Michael Wilkes

Chairperson

 


Council

20 March 2024

 

 

6.     Christchurch City Holdings Ltd - Half year / Interim Report 2023/24

Reference / Te Tohutoro:

23/2006573

Report of / Te Pou Matua:

Linda Gibb, Performance Advisor, Resources Group (linda.gibb@ccc.govt.nz)

Senior Manager / Pouwhakarae:

Russell Holden, Acting General Manager Resources/Chief Financial Officer

 

 

1.   Purpose and Origin of Report Te Pūtake Pūrongo

1.1       This report presents Christchurch City Holdings Ltd's (CCHL's) half year report for the six months ended 31 December 2023, its Interim Report and financial statements for the same period and Christchurch International Airport Ltd's (CIAL's) Interim Report.

1.2       CCHL's report was received on 29 February 2024 as required by section 66(2) of the Local Government Act 2002 (LGA).  Its Interim Report was published to the market on 29 February.

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Receive Christchurch City Holdings Ltd’s ‘traffic lights’ performance report for Quarter 2 2023/24 (1 October-31 December 2023);

2.         Receive Christchurch City Holdings Ltd’s Interim Report for the half year (1 July-31 December 2023); and

3.         Receive Christchurch International Airport Ltd’s Interim Report for the half year (1 July-31 December 2023).

3.   Brief Summary

CCHL - Quarter 2 Performance (traffic lights) report

3.1       In accordance with section 66(2) of the Local Government Act 2002 (LGA) CCHL’s Quarter 2 report was received within two months after the end of the first half of the 2023/24 financial year on 29 February 2024.  CCHL’s traffic lights report is at Attachment A.

3.2       The majority of performance targets across the group are on track to be met by year end 30 June 2024.  Noted are the following regarding financial targets:

·    Net profit after tax (NPAT) and dividend expectations are on track for all except Lyttelton Port (LPC), which along with all other ports in New Zealand is experiencing lower shipping volumes due to the global economic environment and difficulties in shipping through the Panama Canal and Red Sea;

·    CCHL’s dividend to the Council of $50.7 million is on track to be delivered for the 2023/24 financial year; and

·    CIAL is indicating potential reduction in total passenger numbers and revenue for the year due to Air New Zealand’s advice of reduced capacity on domestic routes relating to a global fix of aircraft engines.  At this stage CIAL is signalling an expectation that it will still meet its NPAT targets from offsetting savings and increased profitability from its investment property portfolio.

CCHL – Interim Report for the six months ended 31 December 2024

3.3       CCHL’s Interim Report for the six months ending 31 December 2023 was issued to the NZX on 29 February 2024 and is at Attachment B.  It presents the group’s half year financial outturn in comparison with the same period in the prior year (2022).  Refer to page 20 of the Interim Report for a break-down of financial performance by subsidiary. 

3.4       Against SOI targets– group profitability is higher by $2 million (4%) largely attributable to CIAL’s market recovering further to reach 92% of pre-COVID-19 passenger levels and Enable’s ongoing accumulation of connections to its network. The gains made were offset in part by lower NPAT against target from LPC due to lower container volumes. 

3.5       Against the same period in the prior year (July-December 2022) the group’s NPAT for the half year is lower by $6 million (10.9%), mostly attributable to increased finance costs ($9 million) from sustained higher interest rates and increased depreciation and amortisation ($11 million) reflecting valuation gains in 2023.  Offsetting these increases was an increase in net revenue (EBITDA) of $15 million. 

Balance Sheet

3.6       Total assets are valued at $5.9 billion.  The assets are financed in part by debt of $2.3 billion which has cost the group $50 million in debt servicing costs at the half year ($41 million in the prior half year). 

Non-financial performance targets

3.7       Orion is advising that its operational carbon emissions target will not be met this year.  It is however expecting its result to be a reduction on last year’s actual emissions.  In the Letter of Expectations for 2024/25 the Council has requested CCHL to provide a briefing on the group’s progress in implementing its Emissions Reduction Plan (ERP).

Christchurch International Airport Ltd

3.8       CIAL released its Interim Report to the NZX on 27 February 2024.  Issuers of debt listed on the NZX are required to publish interim financial statements.  This applies only to the CCHL parent and CIAL.

3.9       CIAL’s Interim Report for the period 1 July to 31 December 2023 is at Attachment C.  It reports a 33% increase in profit before tax in the current period compared with the half year to December 2022.  The three key parts of CIAL’s business all made increased contributions to profitability - aircraft services (+109%), passenger offerings (+34%) and the property portfolio (+25%).  This reflects the ongoing recovery of air travel.

 

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Christchurch City Holdings Ltd - Traffic lights report for Quarter 2 2023/24

24/366351

16

b

Christchurch City Holdings Ltd - Half year/Interim Report for 2023/24

24/366368

30

c

Christchurch International Airport Ltd - Interim Report 2023/24

24/366373

63

 

 

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

Linda Gibb - Performance Monitoring Advisor CCO

Approved By

Russell Holden - Acting General Manager Resources/Chief Financial Officer

 

 


Council

20 March 2024

 

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Council

20 March 2024

 


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Council

20 March 2024

 

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Council

20 March 2024

 

 

7.     Whaka Terrace Repair

Reference / Te Tohutoro:

23/2100309

Report of / Te Pou Matua:

Jacob Bradbury – Manager Planning and Delivery Transport, (Jacob. Bradbury@ccc.govt.nz)
Sandra Novais – Project Manager – Transport (Sandra.Novais@ccc.govt.nz)

Senior Manager / Pouwhakarae:

Jane Parfitt, Interim General Manager Infrastructure, Planning and Regulatory Services

 

 

1.   Purpose and Origin of Report Te Pūtake Pūrongo

1.1       The purpose of this report is to seek approval for the Whaka Terrace retaining wall design option.

1.2       This report is generated by Council staff.

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 is determined by the number of properties impacted and the cost of the project.

 

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Progress with Option 2: a Mechanically Stabilised Earth (MSE) wall with bored concrete piles.

2.         Approve that detailed design, procurement and construction can progress ahead of final acceptance of the 2024/34 Long Term Plan, based on expected total outturn cost remaining within the budgetary envelope set in the draft Long Term Plan.

 

3.   Reason for Report Recommendations Ngā Take mō te Whakatau

3.1       In August 2021, a retaining wall holding up part of the southern side of Whaka Terrace failed. Further slips occurred in early 2022, affecting a property below and requiring the downhill lane of Whaka Terrace to be closed. A temporary fix was installed, with a light-operated one-lane system put in place to manage traffic through the lane closure.

3.2       This has become a source of frustration to many residents: those living uphill of the slip on Whaka Terrace, those directly affected by the traffic management at the slip site, and those living directly below the slip site on Enticott Place.

3.3       Since the original option came to a halt, the designers have developed another design option. This is for a Mechanically Stabilised Earth (MSE) structure with bored concrete piles (Figure 2).

 

 

4.   Options Considered Ētahi atu Kōwhiringa

Option 1: Anchored wall with concrete facing design

4.1       This option consists of a structural facing of either reinforced concrete or timber, retained by steel structural posts that would be founded deep into the loess soil. Due to the large, retained height and difficulty obtaining appropriate embedment, the posts would require anchors tying back into the slope.

4.1.1   Advantages: lower cost; lower risk of utilities impacts; reduced excavation and footprint; simpler construction methodology; reduced construction timeframe and therefore less disruptive to residents.

4.1.2   Disadvantage: requires easement over the uphill property because of the length of the anchors.  Therefore, it may not be possible to start construction for several years (see section 8.3-8.9 below).

4.2       The detailed design for this retaining wall repair option was completed in October 2022. The overall cost to complete is around $1m lower than the recommended option.

A diagram of a rock wall

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Figure1: Anchored wall requiring easement.

4.3       The Council’s legal team attempted to obtain an easement for the anchors through negotiation, but despite lengthy discussions were unable to reach an agreement. Compulsory acquisition of the area required was investigated, but the long timeframes (potentially a 2 to 4 year timeframe until the wall is built) and the fact that other feasible design options are available mean this is not recommended.

Option 2: Mechanically Stabilised Earth (MSE) structure with bored piles

4.4       Since the original option came to a halt, the designers have developed another design option. This is for a Mechanically Stabilised Earth (MSE) structure with bored concrete piles (Figure 2).

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Figure 2: design for MSE wall with bored piles.

4.5       This option removes the need for an easement on private land, so construction work could be started in 2024. However, it is much more intrusive, disruptive, and a complex wall to construct so has significantly higher cost and risk profile, and may have long-term impacts on utility providers. 

4.5.1   There are a number of key challenges, that will require contractor involvement during the completion of the design. These are:

·     Site constraints: the site is on a steep, narrow and twisty road with access available only from one end. The site has property accesses hard against the carriageway on the northern side, and the retaining wall on the southern side. This limits the size and type of machinery available, and complicates the construction methodology.

·     There are around 70 properties above the slip area, and access must be maintained for residents and emergency services by minimising road closure periods and providing alternative access.

·     Relocation and/or protection of utilities services assets (e.g. waters, communication, electricity).

4.6       The design option being recommended by staff meets all current design standards.

4.7       The draft Long Term Plan includes funding for the recommended option.

Other retaining wall options considered.

4.8       Other retaining wall options were considered but not developed as they would require an easement agreement, and/or are not supported by structural standards, and/or are cost prohibitive:

4.8.1   Gravity retaining wall – would require a significant volume of earthmoving, with associated high cost and disruption.

4.8.2   Cantilevered wall – depth of structural posts would require extremely large machinery for construction with cost and disruption implications. Due to the soil type it may contribute towards soil weaknesses that make future failures more likely.

4.8.3   Anchored wall (with anchors terminating within road boundary) – this would not provide the seismic strength required.

4.8.4   Embedded anchored H-pile wall with timber lagging – easement agreement would be required.

4.8.5   Embedded anchored H-pile wall tied back to a single row of anchor piles (timber or pre-cast concrete lagging) – easement agreement would be required.

4.8.6   Half bridge – prohibitively expensive and disruptive and would require a large number of smaller retaining walls to prevent erosion around the structure.

4.9       Purchase property directly downhill from slip (Enticott Place)

4.9.1   It could be possible to use Council’s hardship fund to purchase the property on Enticott Place. The Enticott Place property could then be sold on completion of the works, with the expectation of becoming cost neutral.

·     Advantages: Would provide an affected stakeholder a resolution while the technical solution is completed; roughly cost neutral in the long term.

·     Disadvantages: Expends a significant sum (likely >$1m) in the short term without resolving the underlying issue; goes against current Council strategy to dispose of property; would have operational costs associated with acquisition, disposal and ongoing maintenance.

4.9.2   Staff have not pursued this option due to it being against current Council policy.

5.   Detail Te Whakamahuki

History

5.1       The Whaka Terrace Retaining Wall Renewal project (#69323) consists of the repair of the retaining wall no. RW0820 supporting part of a road which was damaged after a slip that occurred in August 2021.

5.2       The slip is located on the downslope shoulder of Whaka Terrace between 20 Whaka Terrace and 23 Enticott Place in the suburb of Huntsbury as shown in Picture 1.

5.3       Whaka Terrace is a steep, narrow and twisty road – just 8.2m wide in places - with vehicle access only from Centaurus Road.  Pedestrian access is also available via a narrow, steep stairway onto Vista Place, or a steep narrow track into Coronation Reserve. There are approximately 70 properties with access onto Whaka Terrace above the slip site.

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Picture 1: Location of site.

5.4       The site has a history of landslides and retaining wall failures that started after the original subdivision in the 1940’s – 1950’s.

5.5       Further damage occurred in the 2010 – 2011 Earthquakes and SCIRT(Stronger Christchurch Infrastructure Rebuild Team) replaced the wall with gabions tied back with Terramesh and ground anchors.

5.6       In August 2021 the wall failure occurred following a period of wet weather and the Council has since undertaken temporary stabilisation works (Picture 2).

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5.7       Picture 2: Temporary stabilisation works at the Whaka Terrace site.

5.8       In January 2022 rainfall caused further erosion resulting in loss of support of the capping beam at the northern extent and undermining of the footpath.

5.9       In March 2022 the slope was temporarily stabilised by removing head scarp material, forming a batter, and applying a shotcrete facing (Picture 2 and 3).

Current Situation

5.10    Currently, the downslope shoulder and footpath of Whaka Terrace remains closed, providing single lane traffic past the slip face. This is currently managed by temporary traffic lights and a temporary traffic management plan.

5.11    Every month since the collapse of the wall in 2021, the Council has an ongoing cost with temporary traffic management ($5,500) and temporary lighting ($650) for this location.

5.12    The current situation is a temporary stabilisation, and as such requires regular inspection, and occasional protection work to prevent further damage to the slope and adjacent retaining walls. While any risk is considered low, until a permanent fix is installed there remains a risk of further damage and/or slips in the area.

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Picture 3: Whaka Terrace slip site at road level.

5.13    There is local interest in the slip given the restrictions to access for the area. The resident below the slip (23 Endicott Place) wishes to sell their property but believes they are unable to do so at this time due to the issues and uncertainty relating to the retaining wall.

5.14    Staff, with the local Councillor, met residents at a site meeting in September 2023. Based on feedback received, various changes were made to the temporary site layout to mitigate specific access and safety concerns.

Initial Design Option

5.15    By October 2022, an initial design for the wall had been developed. This was the anchored retaining wall option shown in the Alternative Options section (4.1 above).

5.16    An easement into the private property on the uphill side of the road was identified as required for the installation of ground anchors. Council’s legal team engaged with the property owner’s lawyers.

5.16.1 Despite extensive discussions it has not been possible to reach an agreement.

5.16.2 Staff have investigated the possibility of using compulsory acquisition to obtain the easement, however, this is expected to be a lengthy process. The details of the process, along with expected timeframes and likelihood of success are described in sections 8.3 – 8.8 below.

5.16.3 Based on this, it is considered a most likely construction completion timeframe would be 2-4 years from starting the compulsory acquisition process. During this time the Council would remain liable for the cost of traffic management and inspections, which costs approximately $7,000/month.

Revised (and recommended) Design Option

5.17    The recommended option is the MSE Wall + Bored Concrete Piles which consists of a gabion facing supported by bored piles.

5.17.1 The gabions will need to be tied back into the slope using geogrids. Piles need to be embedded deep and into competent rock to satisfy global stability design standards.

5.17.2 Concerns were raised about the volume of work and site constraints, which could affect constructability and resident access. To manage this risk, a contractor has been engaged and has worked with the designer to evaluate the design and provide confidence that the risks can be managed.

5.17.3 The wall design significantly reduces the corridor available for utilities. The specific providers have not yet been approached. Therefore the cost of service relocation remains a cost risk.

Implications of Decision

5.18    The two main options are a balance between short time and high cost vs longer time and lower cost. The recommended option is for a shorter timeframe with higher cost, and the main alternative option is for the reverse.

5.19    The draft Long Term Plan includes an additional allowance for the recommended design (Option 2). Should Councillors decide to pursue Option 1, it is anticipated that the full sum would not be required.

5.20    Stakeholders are searching for timeframes on when the retaining wall will be constructed and more detailed explanations about the project delay and continuous traffic management of one lane of the road only. This decision would give clarity over the way forward.

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

5.21.1 Spreydon-Cashmere-Heathcote.

6.   Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic AlignmentTe Rautaki Tīaroaro

6.1       Rebuilding the retaining wall is in line with the Council’s strategy to maintain our assets and is consistent with the Long Term Plan.

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

6.3       Transport

6.3.1   Activity: Transport

·     Level of Service: 16.0.13 Respond to customer service requests within appropriate timeframes - >=80% customer service requests are completed, or inspected and programmed within timeframes

·     Level of Service: 16.0.1 Maintain roadway condition to an appropriate national standard, - >=5% of the sealed local road network is resurfaced per year

·     Level of Service: 16.0.3 Improve resident satisfaction with road condition - >=30% resident satisfaction

·     Level of Service: 16.0.8 Maintain the condition of footpaths - >=82% footpaths rated 1,2 or 3

·     Level of Service: 16.0.19 Maintain roadway condition, to an appropriate national standard - Average roughness of the sealed road network measured: <=118

·     Level of Service: 16.0.20 Maintain the condition of road carriageways - <=4,900 customer service requests 

Policy Consistency Te Whai Kaupapa here

6.4       The decision is consistent with the Council’s Plans and Policies to keep the city operational with the best level of service possible for the area as per environmental conditions.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.5       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.

6.6       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

6.7       The decisions in this report are likely to:

6.7.1   Contribute positively to adaptation to the impacts of climate change.

6.7.2   Contribute neutrally to emissions reductions.

6.8       The proposals in this report are likely to contribute to adaptation to the impacts of climate change or emissions reductions, by ensuring assets are more resilient to extreme weather events.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.9       The road will be reinstated to the original two lane situation before the slip, with the footpath reinstated on the southern side.

7.   Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1       Cost to Implement:

The planned budget envelope included in the draft 2024/34 Long Term Plan is $3,419,404.

The rough order estimate for construction costs are:

·    Option 1 - $1,430,000 (including ongoing traffic management and property costs).

·    Option 2 - $2,150,000

7.2       Maintenance/Ongoing costs: The proposed retaining wall will replace a previous retaining wall in the same location, so the change in ongoing cost is negligible.

7.3       Funding Source:

7.3.1   Whaka Terrace Retaining Wall Renewal project (#69323) sits within the Transport Structures Renewals Programme.

7.3.2   Staff are looking to apply for NZTA subsidy under the “Renewals” category. However, the value makes it larger than a typical renewal so may require a more stringent process, which could put funding support availability at risk.

8.   Legal Implications Ngā Hīraunga ā-Ture

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

8.1       Council has delegation to make decisions relating changes of project scopes and budgets.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.2       There is no legal context, issue, or implication relevant to the recommended option.

Compulsory Acquisition - Legal Advice

8.3       Compulsory acquisition process is commenced under section 18 of the Public Works Act 1981.  The first step is to serve notice of the Council’s desire to acquire the easement on all persons having an interest in the land. 

8.4       The notice is also registered against the Record of Title to the property and the owner is then invited by the Council to sell the land and the Council must, in good faith, endeavour to conduct negotiations with the owners for at least three months. 

8.5       If unsuccessful, the Council may, within one year from serving notice, proceed to take the land.  This is done by Proclamation.

8.6       The owners have a right to object to the Environment Court to the taking of the land and based on previous attempted negotiations with the owner’s solicitor, it is anticipated an objection would be lodged. 

8.7       Taking into account the objection process, an indicative timeframe to compulsorily acquire the easement may be between one to two years (depending on the Environment Court’s caseload). 

8.8       It seems clear that this process is the only way in which an easement could possibly be obtained due to the owner’s resistance to grant an easement on reasonable terms.  The Council has a genuine and urgent need to obtain this easement and it seems very unlikely that even on appeal, the acquisition of such an easement by the Council would be declined.  

9.   Risk Management Implications Ngā Hīraunga Tūraru

9.1       Ground conditions: the area has wet loess soils. Despite continued efforts it has not been possible to identify the source of the water, but is it considered highly likely to have contributed to the initial slips.  This has been factored into the design process.

9.2       If the recommended option of the MSE + piles wall is not approved to proceed to detailed design and construction, the slip will not be repaired, and the road will remain with a reduced level of service of one lane only.

9.3       Council will continue to incur the monthly ongoing cost of temporary traffic management ($5,500) and temporary lighting ($650) for this location.

10. Next Steps Ngā Mahinga ā-muri

10.1    If the recommended option of the MSE + piles wall is approved, the next steps would be to complete the detailed design, tender the works and award the construction contract.

10.2    With the approval of the recommended option and the additional funding required are approved in the LTP, the designer can progress to completion of the detailed design and the construction of the retaining wall could start in mid-2024.

 

Attachments Ngā Tāpirihanga

There are no attachments for 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

Authors

Sandra Novais - Project Manager

Angus Smith - Manager Property Consultancy

Rebecca A Harris - Legal Advisor

Cheng Liu - Senior Engineer - Structural

Approved By

Jacob Bradbury - Manager Planning & Delivery Transport

Lynette Ellis - Head of Transport & Waste Management

Jane Parfitt - Interim General Manager Infrastructure, Planning and Regulatory Services

 

 


Council

20 March 2024

 

 

8.     Ōtautahi Christchurch Greenhouse Gas Emissions Inventory Report

Reference / Te Tohutoro:

24/293451

Report of / Te Pou Matua:

Lisa Early, Team Leader Climate Resilience
Carey Graydon, Principal Advisor Climate Resilience
Adam Swithinbank, Senior Sustainability Consultant AECOM
Anthony Hume Associate Director - Practice Leader Sustainability &
Resilience AECOM.

Senior Manager / Pouwhakarae:

Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance

 

 

1.   Purpose and Origin of Report Te Pūtake Pūrongo

1.1       To present the findings of the Ōtautahi Christchurch Greenhouse Gas Emissions Inventory FY23 (FY23 Inventory).

1.2       This report is staff generated and relates to a Level of Service in both the current and draft Long Term Plans that the Council will measure and report on greenhouse gas emissions in our district.

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Receive the information in the Ōtautahi Christchurch Greenhouse Gas Emissions Inventory FY23.

3.   Brief Summary

Background information

3.1       The Council commissioned AECOM to update Christchurch’s greenhouse gas emissions inventory. The Ōtautahi Christchurch Greenhouse Gas Emissions Inventory FY23 follows the previous report, Christchurch Greenhouse Gas Emission Inventories for Financial Years 2018/19 and 2016/17, which is on the Council website. The FY23 Inventory will also be published on the Council website.

3.2       The FY23 Inventory details the emissions produced within the Council’s geographic boundary by sector in that financial year. It also examines the changes between FY19 and FY23 and updates the FY17 baseline year. This helps to track progress towards the district emissions targets, which are:

·    Net zero greenhouse gas emissions by 2045, and a 50% reduction from the baseline financial year 2016/2017 levels, by 2030 (excluding methane);

·    At least a 25% reduction in methane emissions by 2030, and 50% reduction from the baseline financial year 2016/2017, by 2045.

3.3       The FY23 Inventory provides data that can inform decision-making. It does not contain any recommendations for action. It presents an overall trend which shows that gross emissions are decreasing but are not on track to meet the targets set by the Council.

 

Summary results of the FY23 Inventory

Gross emissions for FY23

3.4       The total gross emissions produced in Christchurch were 2,507,475 tonnes of carbon dioxide equivalent (CO2-e). By sector:

·    Transport - 54% (including on-road transport - 38%)

·    Stationary energy - 21%

·    Agriculture - 16%

·    Industrial Processes/Product Use - 5%

·    Waste - 5%.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net emissions for FY23

3.5       Net emissions include emissions from harvesting and sequestration from forests. The total net emissions produced in Christchurch were 2,259,865 CO2-e.

Changes between FY19 and FY23

3.6       The results for FY23 are compared to FY19, the last time the inventory was done.

3.7       Between FY19 and FY23, total gross emissions in Christchurch decreased by 12%, largely due to a reduction in stationary energy (primarily electricity) and transport emissions. The decrease in stationary energy emissions was due to low average rainfall in FY19 and high average rainfall in FY23 leading to increased hydroelectricity generation, resulting in a reduction in coal and gas generation nationally. While there has been a general trend of decarbonisation occurring, the emissions intensity of the national grid fluctuates year on year. The decrease in transport emissions was largely due to a reduction in air travel following COVID-19.

3.8       Waste emissions reduced by 12%, mainly due to a reduction in annual emissions from closed landfill sites. Other contributing factors were the presence of landfill gas capture systems at Kate Valley and increased organic waste diverted from landfill for composting.

3.9       Between FY19 and FY23, per capita gross emissions decreased by 14% due to total gross emissions decreasing by a greater proportion than population growth (3%).

3.10    Between FY19 and FY23, total net emissions in Christchurch decreased by 14%, driven by the 12% reduction in total gross emissions and an increase in net forestry sequestration.

 

Changes between FY17 emissions baseline year and FY23

3.11    Emissions from some sources for FY17 are not directly comparable to FY19/23 results due to differences in the data sources (e.g. coal, electricity, rail). However, the FY17 Inventory was revised using improved methodology and updated emissions factors. It is possible to use these results to assess progress against the district’s emissions targets (which use FY17 as the baseline year).

3.12    Between FY17 and FY23, total gross emissions in Christchurch decreased by 1.1%, largely due to a decrease in transport emissions from air travel. Emissions from stationary energy and agriculture increased over this period, resulting in an overall smaller reduction in emissions than between FY19 and FY23.

3.13    The change in gross emissions between FY19 and FY23 is significantly larger than the change between FY17 and FY23. Emissions were particularly high in FY19 and FY21 due to higher than usual fossil fuel electricity generation nationally due to low hydro generation.

3.14    Between FY17 and FY23, total net emissions in Christchurch increased by 1% due to an increase in forest harvesting emissions, despite the 1% decrease in total gross emissions.

 

 

On-road transport, FY19 to FY23

3.15    On-road transport represented 38% of Christchurch’s total gross emissions in FY23. Within this, emissions produced by vehicle type were:

·      Cars - 58%

·      Commercial vehicles - 40%

·      Buses - 2%.

3.16    Between FY19 and FY23, on-road transport emissions changed by less than 0.1%. Commercial vehicle emissions increased 4% due to an increase in light commercial vehicle emissions. Car emissions decreased by 2% and bus emissions decreased by 19%, due to an increase in electric vehicles.

Next steps

3.17    Production of the Inventory is a Level of Service in the current Long Term Plan and the draft Long Term Plan and will be updated every three years. Data from the Inventory is used to inform our climate actions. These include:

·    Embedding climate resilience actions in the draft Long Term Plan 2024-34, including in all Activity Plans and the capital programme.

·    Implementation of the Council’s Climate Resilience Strategy, with a report on progress planned to go to the Council in May 2024.

·    Using data to support emissions reduction planning, for example development of an Emissions Reduction Plan for Council’s operational emissions is underway for July 2023 completion and the data on land transport emissions will support transport planning.

·    Continuing regional conversations to work together to reduce emissions, for example at the Christchurch City Council and Environment Canterbury Joint Governors’ Forum and at the working group of the Canterbury Climate Partnership Plan.

·    Continuing conversations with central government to work together to reduce emissions, for example contributing our views to the next national Emissions Reduction Plan.

 

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Ōtautahi Christchurch Greenhouse Gas Emissions Inventory FY23

24/211038

100

 

 

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

Carey Graydon - Principal Advisor Climate Resilience

Lisa Early - Team Leader Climate Resilience

Edward Lewis - Advisor Climate Resilience

Approved By

David Griffiths - Head of Strategic Policy & Resilience

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

 

 


Council

20 March 2024

 

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Council

20 March 2024

 

 

9.    New Lease - Canterbury Horticultural Society - Part Tea Kiosk Building at Botanic Gardens

Reference / Te Tohutoro:

23/2110812

Report of / Te Pou Matua:

Grant McIver, Leasing Consultant (grant.mciver@ccc.govt.nz)

Senior Manager / Pouwhakarae:

Rupert Bool, Acting Head of Parks

 

 

1.   Purpose and Origin of Report Te Pūtake Pūrongo

1.1       The purpose of the report is for the Council to consider an application from the Canterbury Horticultural Society for a new lease of part of the Tea Kiosk located at the Christchurch Botanic Gardens.

1.2       This report is staff generated to support the current Tenant's new lease application and to seek the required delegated approvals needed to effect a new lease.

1.3       This report is of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by the level of impact on the existing user groups that currently use the premises and whether this decision can be reversed once made.

2.   Officer Recommendations Ngā Tūtohu

That the Council:

1.         Agree to depart from the “Leasing Council Property” policy and unilaterally grant a new lease to the Canterbury Horticultural Society, of part of the Tea Kiosk in the Botanic Gardens (part Reserve 25) Rolleston Ave, for a term of eight years and eight months commencing on 1 March 2024, noting that:

a.         This new lease will continue with the same permitted uses as the current lease – Office, community, and events space which supports the enjoyment and advancement of the practice of the broad field of horticulture as well as appropriate evets in keeping with the uses permitted under the Reserves Act 1977.

b.         The proposal has been advertised in accordance with the Reserves Act 1977 to which no submissions were received.

c.         The decision to deal unilaterally with the Canterbury Horticultural Society is justified on the basis that:

i.          The Society is the incumbent tenant; and

ii.         The Society provides services to its members and the public that align with the Council’s objectives of providing community opportunities for participation across the Parks network.

iii.        The Council does not need to change the Leasing Council Property policy as a result of this recommendation.

2.         Grant delegated authority to the Property Consultancy Manager to manage and conclude all issues, processes and documentation associated with the granting of the new lease.

 

3.   Reason for Report Recommendations Ngā Take mō te Whakatau

3.1       The matter of a new lease is a legal matter that requires the Council’s consent as the Christchurch Botanic Gardens are a metropolitan asset.  The advantage is that the Council will be dealing with the current not for profit group occupying the leased premises.

3.2       The granting of a new lease allows the Canterbury Horticultural Society (CHS) to implement their strategic business plan and continue the coordination of use of the premises by other affiliated groups as well as a providing some rental income for the Council.

3.3       The Leasing Council Property Policy provides that on final expiry of a lease the opportunity would be offered in the public market, an exception to this is that consideration may be given where the Council recognises that if there is one logical tenant for public property then the Council will unilaterally deal with that tenant. 

3.4       Officers are satisfied that the current use by CHS is the best use and recommend that the Council deal unilaterally with them. 

 

4.   Alternative Options Considered Ētahi atu Kōwhiringa

4.1       The following reasonably practicable option was considered and discounted:

4.1.1   Run a Request for Proposals tender on expiry of the current lease.

·     Advantage – the Council is not departing from policy, and we are providing an opportunity for the public to tender their proposals in this building which is a notable public asset.

·     Disadvantage – Potential for loss due to uncertainty of an established not for profit organisation providing excellent educational service levels to the visitors to the Christchurch Botanic Gardens members of CHS and as coordination for other affiliated groups.

4.1.2   Repurpose the Building for Alternative Use

·     Advantage –opportunity to assess an alternative use for a public asset under Local Government Act requirements to operate open and transparently.

·     Disadvantage – Alternative uses such as reintroducing food service which was traditionally known in The Tea Kiosk was discounted as there is already deemed to be enough café/ food options currently servicing visitors to the gardens both through the existing café tenant and through events that bring additional providers.  Any repurposing of the building could be looked at again on the expiry of the new lease.  Council officers and Botanic Gardens management are satisfied with the application and supportive of the existing use continuing.

5.   Detail Te Whakamahuki

5.1       The land and buildings are in the Christchurch Botanic Gardens.  The Premises measures approximately 167m2 and is described as Part Reserve 25, Certificate of Title Reference 668229 vested in the Christchurch City Council as a Local Purpose (Botanic Garden) Reserve pursuant to the Reserves Act 1977.

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5.2       Current Tenancy and New Lease Conditions

5.2.1   The current lease to CHS was awarded through a Request for Proposals (RFP) process in 2018.

5.2.2   Continuation of the current annual rental paid of $2667 + gst with annual CPI increase to the rental is proposed.

5.2.3   The lease expired on 29 Feb 2024 and is rolling over on a monthly basis.   CHS wish to remain in the premises by way of a new lease effective 1 March 2024 with final expiry of 29 October 2032.  The expiry date is aligned with the expiry of the separate kitchen lease for the balance of the premises.

5.2.4   Current lease terms are proposed to remain the same, updated only as to lease form or content and additional Council policy since 2018.

5.3       Tenants Request for New Lease

5.3.1   The primary purpose of the organisation founded in 1861 is to connect people to the art, science and practice of gardening and horticulture. This is achieved Canterbury wide from the base in the Botanic Gardens through the provision of various programmes, classes and recreational opportunities.

5.3.2   The Tenant’s application for a new lease and strategic plan and letters of support are attached to this report (Attachment A).

5.4       New Lease Proposal

5.4.1   The proposal highlights the continued community delivery of current services and activities to its member clients and the community both through the implementation of the strategic plan and the coordination of the shared space to more than 46 groups affiliated with the CHS.

5.4.2   The Strategic objectives of the CHS are:

·     Connecting people and organisations – using the Society’s brand and position to foster community, connection, engagement, collaboration, and partnerships.

·     Knowledge and practice – connecting people to the science, practice, and art associated with gardening and horticulture.

·     Adapting to change – the role of horticulture in a changing world.

5.4.3   This draft Strategic Plan has been produced to reflect CHS understanding of challenges facing the Society and horticulture generally. It identifies priority areas for the next three years (2024-26) and the associated programmes and projects required to deliver CHS strategic outcomes.

5.4.4   CHS Affiliations: Coordinating a shared space for 46 + groups affiliated with CHS through the development of an event space shared or hired to other community organisations, affiliated organisations include:

·     Avon Bonsai Society

·     Canterbury Herb Society

·     NZ Alpine Garden Society

·     Avon Floral Art Group

·     NZ Lily Society

·     Christchurch South Community Gardens

·     Christchurch Peony Club

·     Food Resilience Network

·     Lincoln University

·     National Trade Academy

·     The Research Group

·     Woodend Nursery

·     30 plus Garden clubs

·     Friends of Canterbury Museum (meet monthly while the museum is being rebuilt)

·     Friends of the Christchurch Botanic Gardens

·     Botanic Gardens Guides

·     Christchurch Envirohub (who further support 305 organisations through their online network).

5.4.5   These groups frequently convene at the Kiosk, engaging in collaborative efforts with the CHS on various courses, shows, and events.

5.4.6   Over the past calendar year, the CHS website (www.chsgardens.co.nz) recorded 12K new users.

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

5.5.1   The Tea Kiosk is located at the Christchurch Botanic Gardens which is considered a metropolitan asset.

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):

6.2       Parks, heritage and coastal environment

6.2.1   Activity: Parks and Foreshore

·     Level of Service: 6.3.7.4 Provide community participation opportunities across the parks network-participation. - Volunteer hours - maintain or grow compared to previous year  

Policy Consistency Te Whai Kaupapa here

6.3       The decision to grant a further lease, dealing unilaterally, is in inconsistent with the Council’s Policies and requires a decision from Council.

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 intention to grant this lease has been notified to Te Aporei Whakawhanaunga à-Tirihi, Councils Treaty Relations Team; no concerns have been raised.

6.7       There is no material change to the lease area or the permitted use of the lease that affects Mana Whenua.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.8       The decisions in this report are likely to:

6.8.1   Contribute positively to adaptation to the impacts of climate change by way of:

·   CHS is aware of the need to work efficiently to minimise the use of resources, they use smart software to manage activities which allows them to serve more people with less employees. Staff are encouraged to work from home where practical, this reduces the impact of travel. Zoom meetings are encouraged to reduce travel.

·   Where practical goods that are plant based and able to be composted are used. CHS recycle and reuse most items; waste is kept to a minimum. Environmentally certified products are given preference.

·   LED Lights and appliances are turned off when not in use. Heating and cooling are kept to a minimum. Solar control by opening and closing windows and doors for ventilation or heat conservation.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.9       The Kiosk has disability access and bathroom facilities. The needs of those with disabilities are prioritised and acknowledged.

6.10    Event floor plans consider those with disabilities. Lighting is adjusted for those with visual impairments. A free wheelchair provided by the Friends of the Gardens is available to anyone visiting the Kiosk to improve accessibility to the gardens. 

6.11    A lot of members are elderly and often use walking aids, these needs are considered at events. There is currently accessible access and the public can access the building during opening hours without the need to purchase anything.

7.   Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

7.1       Cost to Implement - preparation of documents within existing operational budgets.

7.2       Maintenance/Ongoing costs - existing operational budgets for Parks buildings

7.3       Funding Source – not applicable

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       As the decision relates to a metropolitan asset, the delegations to the Community Board in relation to the Reserves Act 1977 do not apply and such decision must be made by the Council.

8.2       The departure from the Leasing Council Property policy to grant a new lease prior to expiry is a decision of the Council.

Other Legal Implications Ētahi atu Hīraunga-ā-Ture

8.3       The legal considerations are the request for new lease.

8.4       The preparation of the new Deed of Lease is a routine matter on which the legal situation is well known and settled.

8.5       The specific legal considerations are:

8.5.1   Section 61.2a Reserves Act 1977

8.5.2   Council’s Leasing Council Property policy 2015 - “Creation of New Leases and Extension Requests Prior to Expiry”

8.5.3   Dealing unilaterally - legal consideration is the Local Government Act and the Council’s Leasing Council Property policy dealing unilaterally with tenants.

8.5.4   Further considerations on dealing unilaterally are outlined in Attachment B to this report.

8.5.5   It is considered that approving this lease supports effective and efficient use of resources and the prudent management of the Council’s assets.

8.5.6   A public notice was issued notifying that the Council was considering the granting of a new lease and was published between 9 January and 7 February 2024 with no responses received.

9.   Risk Management Implications Ngā Hīraunga Tūraru

9.1       The risk in declining the request may cause some minor reputational damage to the Council resulting in negative media coverage and the current tenant needing to seek an alternative location. 

9.2       The Council would be required to run a Request for Proposal process seeking a new tenant at the expiry of the current lease.  There could be insignificant financial risk and potential loss of income if a suitable tenant is not appointed, and the premises is vacated.  

10. Next Steps Ngā Mahinga ā-muri

10.1    Arrange new lease documentation and the signing and sealing by both parties to the agreement once agreed.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Canterbury Horticultural Society-New Lease Application-Strategic Plan and Letters of Support

24/266506

157

b

Canterbury Horticultural Society Dealing Unilaterally Summary

24/288294

199

 

 

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

Grant McIver - Leasing Consultant

Approved By

Kathy Jarden - Team Leader Leasing Consultancy

Angus Smith - Manager Property Consultancy

Wolfgang Bopp - Director Botanic Gardens & Garden Parks

Rupert Bool - Acting Head of Parks

 

 


Council

20 March 2024

 

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20 March 2024

 

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10.   Mayor's Monthly Report

Reference Te Tohutoro:

24/309172

Report of Te Pou Matua:

Phil Mauger, Mayor

 

1.   Purpose of Report Te Pūtake Pūrongo

1.1       The purpose of this report is for the Mayor, on behalf of Council, to:

1.1.1      Appoint representatives to the Local Government New Zealand Zone 5 & 6 meeting; and

1.1.2      Provide an update on the appointment of a new Chief Executive.

1.2       This report is compiled by the Office of the Mayor and Chief Executive, with input from relevant staff.

2.   Mayors Recommendations / Ngā Tūtohu o Te Koromatua

That the Council:

1.         Receive the information in the Mayor’s Monthly Report.

2.         Note that the Mayor, Deputy Mayor and Councillors Barber and Peters will serve as delegates to represent Christchurch at the Local Government New Zealand Zone 5 and 6 meeting to be held in Christchurch on 21 and 22 March.

3.         Note that Councillor Gough has agreed to step aside from the role of Deputy Chair of the Chief Executive Performance and Employment Committee.

4.         Note that the Mayor has appointed the Deputy Mayor as Deputy Chair of the Chief Executive Performance and Employment Committee using his powers under S41A of Local Government Act.

5.         Note that former Deputy Chair, Councillor Gough, will continue to serve as an ordinary member of the Committee.

3.   Detail Te Whakamahuki

LGNZ Meeting 21-22 March

3.1       Local Government New Zealand (LGNZ) is an industry body that represents elected members of local government organisations across New Zealand (excluding Auckland Council, Kaipara District Council and the West Coast Regional Council).

3.2       LGNZ groups members on geographic areas and the South Island is split across two zones, Zone 5 (Upper South Island) and Zone 6 (Lower South Island), and both zones have agreed to host a single, joint meeting. This meeting will be held on 21 and 22 March in Christchurch.

3.3       The Mayor and Deputy Mayor will be attending, and other councillors are able to attend as well.

Update on Appointing a Chief Executive

3.4       In November 2023, Dawn Baxendale resigned as Chief Executive and the Council appointed Mary Richardson as the Interim Chief Executive until a permanent replacement is appointed and begins work.

3.5       The Chief Executive’s Performance and Employment Committee (the Committee) is responsible for arranging the appointment process on behalf of the Council, with the Council making key decisions on:

3.5.1      The job description and person specification;

3.5.2      Reviewing short listed candidates; and

3.5.3      Appointing a new Chief Executive.

3.6       The Committee met on 19 February and agreed on the next steps in the appointment process:

3.6.1      Job Description and Person Specification – The Committee has appointed Westlake Governance Limited to work with the Council on developing the job description and person specifications that the recruiter will use. This will comply with the Local Government Act 2002 and incorporate feedback or suggestions made by the Mayor and Councillors. As part of this process, the Mayor and councillors held a workshop for the job description and person specification with Westlake Governance on 12 March. The final job description and person specification will be presented to the full Council for consideration and adoption.

3.6.2      Appointment of a Recruiter – The Committee has begun the process of appointing a recruiter by seeking proposed recruitment strategies from specialist firms recommended on the advice of the Interim Chief Executive. The Committee plans to review these and appoint a recruiter at the end of March.

3.7       To support the upcoming process for appointing a new Chief Executive and following discussions between the Mayor, Deputy Mayor, and Councillor Gough, it was unanimously agreed that it would be more appropriate for the Deputy Mayor to also be Deputy Chair of the Committee. Councillor Gough has agreed to step aside to allow the Deputy Mayor to become the Deputy Mayor of the Committee and will continue as an ordinary member of the Committee.

Attachments Ngā Tāpirihanga

There are no attachments for this report.

 


Council

20 March 2024

 

 

11.   Notice of Motion - Arms Amendment Act

Reference / Te Tohutoro:

24/381200

Report of / Te Pou Matua:

Councillor Harrison-Hunt

Senior Manager / Pouwhakarae:

Mary Richardson, Interim Chief Executive

 

 

Pursuant to Standing Order 22 of Christchurch City Council’s Standing Orders, the following Notice of Motion was submitted by Councillor Harrison-Hunt.

 

1.   Notice of Motion to the Council He Pānui Mōtini

That the Council:

1.         Request a meeting with the Central Government, including key members of the Ōtautahi Christchurch Muslim community, to discuss any proposed changes to the Arms Amendment Act and its established restrictions.

 

Attachments Ngā Tāpirihanga

No.

Title

Reference

Page

a

Officer Advice - Arms Amendment Act

Link to submission referred to in Officer Advice below: Arms-Prohibited-Firearms-Magazines-and-Parts-Amendment-Bill-2019-including-supplementary-submission.pdf (ccc.govt.nz)

24/409384

204

 

 


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20 March 2024

 

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12.   Resolution to Exclude the Public

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

 

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

 

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

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

 

Note

 

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

 

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

 

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

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

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public are as follows:


Council

20 March 2024

 

 

 

ITEM NO.

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

SECTION

SUBCLAUSE AND REASON UNDER THE ACT

PLAIN ENGLISH REASON

WHEN REPORTS CAN BE REVIEWED FOR POTENTIAL RELEASE

13.

Public Excluded Audit and Risk Management Committee Minutes - 7 December 2023

 

 

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

 

14.

Audit Management Report 2023

s7(2)(c)(i)

Protection of Source of Information

Information on Christchurch City Council internal systems are disclosed within this report.

10 February 2025

At the conclusion of the review of Christchurch City Council internal systems.

15.

Christchurch City Holdings Ltd - Strategic Update

s7(2)(b)(ii)

Prejudice Commercial Position

To protect commercially sensitive information which if became known in the market could put the CCHL group's profitability at risk.

After the publication of CCHL's Annual Report for the 2024 financial year, around 30 September 2024.

16.

Mayor's Welfare Fund - Trust Deed Review

s7(2)(g)

Maintain Legal Professional Privilege

Documents contain legal advice which is confidential and privileged

Immediately following the registration of the amended Trust Deed on the relevant public registers (redactions will be required to maintain confidentiality)

 


Council

20 March 2024

 

Karakia Whakamutunga

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Kia wātea ai te ara

Kia turuki whakataha ai

Kia turuki whakataha ai

Haumi e. Hui e. Tāiki e