DCC: Full Council meeting Tue, 27 Oct 2015 at 1pm

Venue: Council Chamber, Municipal Chambers, The Octagon

Agenda – Council – 27/10/2015 (PDF, 51.3 KB)

Public Forum
a) Legal High Retail Location Policy – Carl Lapham, Cupid Shop
b) Work Opportunities within the Council – Anneloes de Groot
c) Oil and Gas Block Offers – Siana Fitzjohn, Annabeth Cohen, Rosemary Penwarden – Oil Free Otago
d) Trans Pacific Partnership Agreement and Council’s Previous Resolution – Jenny Olsen
e) Safety of Roads – Neil Burrow

Item of interest on the main agenda, apart from annual reports:

● 25 Delegations to Officers to mediate on the 2GP Dunedin District Plan
Report from Corporate Services. Refer to pages 25.1 – 25.5.

The general public should be wary of Proposed 2GP mediation processes and how they are to be conducted. Mediation processes could segment (playing to like interests) planning direction and rules to such an extent the public will lose the ‘big picture’ which includes, if needed, having the Proposed 2GP set aside and sections fully redrafted (!!) for community ownership; and, of course, the public not recognising or becoming oblivious to cumulative adverse effects promoted within the Proposed 2GP, and these not being dealt to with sufficient weight.
If in doubt at mediation, positively strive to be heard at hearing – slow the process down until you have individual clarity as a submitter. Do not be pressured by DCC staff and management to agree anything without your taking time and effort to carefully deliberate potential cumulative adverse and knock-on effects.
The current district plan took YEARS to become operational —note well, there is NO RUSH to settle the Proposed 2GP if it is inequitable.

Report – Council – 27/10/2015 (PDF, 255.8 KB)
Block Offer 2016 Submission

Report – Council – 27/10/2015 (PDF, 613.2 KB)
Legal High Retail Location Policy

Report – Council – 27/10/2015 (PDF, 224.8 KB)
Regional Policy Statement Further Submission

Report – Council – 27/10/2015 (PDF, 2.7 MB)
Dunedin City Council 2015 Annual Report

Report – Council – 27/10/2015 (PDF, 66.0 KB)
2015 Annual Reports of Dunedin City Holdings Limited, its Subsidiaries and Associate Companies

Report – Council – 27/10/2015 (PDF, 63.9 KB)
2015 Annual Reports from Dunedin Venues Management Limited and Dunedin Venues Limited

Report – Council – 27/10/2015 (PDF, 391.9 KB)
Waipori Fund – Report for Quarter Ending September 2015

Report – Council – 27/10/2015 (PDF, 540.7 KB)
Review of the Food Safety Bylaw

Report – Council – 27/10/2015 (PDF, 139.5 KB)
Boundary Backflow Prevention

Report – Council – 27/10/2015 (PDF, 97.0 KB)
Delegations to Officers to Mediate on the 2GP Dunedin District Plan

Report – Council – 27/10/2015 (PDF, 86.7 KB)
Theomin Gallery Management Committee – Appointment of Committee Members

Posted by Elizabeth Kerr

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48 Comments

Filed under Business, DCC, DCHL, Democracy, Dunedin, DVL, DVML, Economics, New Zealand, OAG, Ombudsman, People, Politics, Project management, Stadiums, Town planning, What stadium

48 responses to “DCC: Full Council meeting Tue, 27 Oct 2015 at 1pm

  1. Elizabeth

    Cr MacTavish is wearing a particularly fruity scarf at Council today. It positively leaps out, as if the councillor dwells at the Gold Coast, where loud is the rage.

  2. Elizabeth

    In further news, Cr Wilson wore a scarf of similar hue.

  3. Elizabeth

    Unfortunately I missed item b) at the public forum. Work Opportunities within the Council —as Diane Yeldon and ODT’s Craig Borley have told me it was definitely NEWS.

    Public elaboration one day soon of the Black Power/Epere ‘deserving cause’ contract would be helpful to check, oh, um, how Dunedin City Council prioritises the needy for financial aid (contracts).

    I’m not sure how it would go down if the CE was a member of an organised criminal gang. Imagine the council policy necessary around whether Our CE might wear the patch to work or be limited to when riding her motorbicycle.

    Yet a Task Force Green supervisor for DCC can be patched and waged, but later seek (patched) tender and be well remunerated as if he wasn’t patched. When he was.

    • Diane Yeldon

      Public Forum submitter, Anneloes de Groot, told the council that she had an autistic son. She said she had made many efforts to get him employment but had had little success, even when being supported by agencies who help with such employment searches. She said in Holland councils must employ a certain number of people with disabilities. She felt that, if the DCC were to do this, then it might set a good example for private local employers. She mentioned the DCC’s recent awarding of a reserve maintenance contract to a person with Black Power connections. She said this person had a choice regarding his employment opportunities being affected by the way he had lived his life. Whereas her son did not have a choice.

      The DCC will be bringing its Procurement Policy (Contracts and Tenders) which have been developed totally in non-public meetings, back to a future meeting of the full Council (maybe November) and Mayor Cull said this issue could be considered then.

      Regarding the contract to Mr Epere, I asked for information about this over three weeks ago now. But Chief Financial Officer, Grant McKenzie, has been away on bereavement leave and apparently no-one else could answer my questions. Mr McKenzie was at the meeting today. So I suppose, as he clears his inbox, he will eventually get back to me.

      Am very glad to see this issue brought back into the public domain by this public forum submitter. Because decisions made by the DCC about employing various types of ‘socially disadvantaged’ people are political and should not be made purely by staff, but rather by councillors. I agree with the implication of the submitter, that the DCC should give people who have no choice precedence over those who have made (very!) bad choices and brought their own misfortune down on themselves.

      I audio-recorded the meeting but I am not sure whether privacy law applies to the exact wording of oral public forum submissions. Am checking this. Mayor Cull did not inform the submitters that they were being recorded, by me as well as by Channel 39. I think he should have. Will be interesting to see whether the governance staff decide so too.

      Big ups to this submitter! I think she was speaking for many other people as well as for herself. This is a matter of justice. I suspect she, like me, see the DCC’s action in giving this contract to Mr Epere as unjust. And I think the process was extremely dodgy, even out of order.

  4. Anonymous

    Scarfs are the in thing, it seems. Scarfie city.

    • Cinimod

      Get real Jinty. You are talking about the Community Board concept in drag. You speak as though you have not read the Represent Review Commissioner’s recommendation; where it recommends the total abandonment of this concept (Community Boards) for the triennium beginning 2019. So on the one hand you seem to give credence to the outcome of the Representation Review and on the other hand you are a denier of their recommendations. Go figure!

  5. Elizabeth

    Middle-aged looking starlet with [THE] scarf with ye olde *(half-baked) idea …….

    ### dunedintv.co.nz Tue, 27 Oct 2015
    Nightly interview: Jinty MacTavish
    A new scheme to help local community groups is being considered by the Dunedin City Council. It’s the brainchild of councillor Jinty MacTavish, and she joins us to talk about it.
    Ch39 Link

    39 Dunedin Television Published on Oct 26, 2015
    Nightly interview: Jinty MacTavish

    • Hype O'Thermia

      She’s got a wholesome sincere look, well-scrubbed with soap and God’s good water. It’s not the same earnest rightness, it’s just the look, I remind myself when the words “Westboro Baptist” intrude into my thoughts.

      • Elizabeth

        *crosses self

      • Elizabeth

        Search engine term today at What if? Dunedin

        *lovelorn solution for her quotes*

        [Nothing Found]

      • Gurglars

        Righteous self or Self righteous?

        Misinformed anyway according to a recent contributor to letters to the ODT.

        Just as an aside, an update on cycle lanes.

        Today from Tairoa Head to Dunedin, I saw one cyclist and four pedestrians on the cycleway. I almost jumped out of my extinct vehicle and gave her a medal. This is the first and ONLY cyclist I’ve seen on a cycleway in two countries in over four months.

        Clearly, the build it and they will come plan is working, today’s cyclist is an infinite improvement on previous reports.

        • Hype O'Thermia

          Don’t they ring the bells for the first albatross back home?
          And twitchers and train spotters are a thing all over the world. Gurglars, I hope you’ve started a facebook page for people to record sightings of cyclists on cycle lanes, and upload photos. Competitive cyclist-spotting could be bigger than composting, given the excitement of this initial sighting.

        • Gurglars

          Hype, if I started a Facebook page, when I sat down to watch personally, I would have to declare my interest and stop counting.

          As the chairman of Pro Sanity paid for by the Companies that sell sanity through the BP (Bloody Pope) pumps, I would then have a COI and could consequently realistically neither vote at committee meetings, express an opinion on sanity without compromising my funders or the voters and in fact in matters of sanity I should just be silent.

          In my case however, it is a religion.

          I abhor insanity and thus Pro Sanity is a non taxable religious group and my regular espousals on sanity can be seen for what they are —

          Sermons

  6. Diane Yeldon

    Public Forum submitter, Neil Burrow, speaking under the heading ‘safety of roads, poured more reason for embarrassment on to the council’s already extremely tender hide over the cycleway fiasco in South Dunedin. He asked if the council had actually ever bothered to ask anyone if they wanted it in the first place (!), said he hardly ever saw more than a couple of cyclists, despite being out walking regularly in the area. Said he thought, with the local demographic well-known to be mostly the elderly, the residents were unlikely to be jumping on to bikes. And also said that the lumps and bumps on the road etc were useless and dangerous. Mentioned one where a car driver had to cross the centre line to turn and then suffer being berated by an oncoming driver for being on the wrong side of the road.

    Gee, I wonder if this horrible embarrassment is going to make the DCC much more cautious in their approach to the proposed central city separated cycleway – since they have now seen that Murphy’s law applies big time to cycleways. Would this particular group of elected reps ever live it down if they voted for the proposed central city cycleway and that one all turned to custard too?

  7. Diane Yeldon

    A most accomplished and extremely cleverly done political public forum submission by Jenny Olson, on the topic of Trans Pacific Partnership Agreement and the Council’s previous resolution. I think it would be hard to be in favour of the TTPA because the central objection is that the people of New Zealand don’t actually know what it says yet! But Ms Olson’s submission was not quite precisely opposing the TTPA (although she clearly does and gives good reasons for that) – instead her submission was based around the fact that a previous resolution of the DCC couldn’t be valid under the present circumstances unless updated. So she was asking the DCC to be consistent and it’s hard for them to refuse such a request. She actually mentioned the concept of the DCC defending its sovereignty – which I thought was terrific!!! I can understand that people oppose international treaties which risk New Zealand’s sovereignty as a nation. But the thought of a local authority defending its sovereignty is new to me and I really like it! Really great to see this level of political engagement at a Dunedin City Council meeting. Ms Olson said that about 60% of local councils in New Zealand had made statements on the TTPA which could be seen as representing their populations. So this was a really effective way of sending a message to the government that a significant proportion of New Zealanders did NOT like the way this trade agreement was going.
    It was also nice to see Cr Benson-Pope make sure that a decision was made so that this submission will be acted on and didn’t fall into a black hole.

  8. Elizabeth

    ODT: Tense moments over offshore drilling

    The business at the Public Forum didn’t seem very tense to me. Perhaps I’m immune to climate change proponents and doom sayers. Next item………….

    Read down the article for: “Activist Jen Olsen also spoke at the public forum about the Trans Pacific Partnership agreement (TPP), asking the council to push for a parliamentary debate about the TPP and lobby the Government to assess its impact.” Cont/

    —As Diane mentions, Cr Benson-Pope supported follow up wrt TTP’s effect on sovereignty of the Council.

    • Diane Yeldon

      Agree. I didn’t think it was tense at all. I got the impression that the DCC is fully aware that community views on this issue are pretty much polarised. Which is why they are sitting on the fence and not really taking a position of their own but trying to interpret the submissions they received in a fair way – trying to ‘weight’ them according to how many members a group may claim to be representing. Even though staff said they didn’t know the numbers claimed or whether such membership claims were actually true.
      I was interested in Cr Whiley’s questions. He was keen to take on a very well-prepared couple of submitters. He seemed to be trying to argue that while oil might be dangerous to extract, gas may not be. However the submitters responded with comments about the risks of gas extraction. I wonder what’s behind Cr Whiley’s very pro-business/ pro-employment opportunities position. I actually wonder why he stood for council in the first place????

      • Elizabeth

        Reply to your last question – same answer as why he intends to stand for Mayor [unknown] !!

        • Diane Yeldon

          I am always worried about ‘dark horses’. I want to know who’s behind them and with them – if anyone.

        • Diane Yeldon

          Related to conflicts of interest, I noticed on the DCC website under Your Council > Mayor and Councils, there are Statements of Interest added. These are pdf files of a form mostly filled in in the councillors’ hand writing. But some are hard to read and some very sketchy. Cr Bezett’s just says “No Information given”. So it looks as if this is still voluntary and completely dependent on the councillors’ honesty and full disclosure. I always wondered what former CEO Jim Harland’s business interests were. Not being nosy but it seems to me that a local body CEO has a huge amount of influence. I think the public should be able to know their assets and business interests so they can see for themselves if there are any conflicts of interest. I think present CEO, Sue Bidrose, has completed one which is on the DCC website – from memory.
          (Not sure if it’s a good idea to put councillors’ signatures on the website. I wouldn’t like mine in the public domain.)

        • Diane Yeldon

          The other thing I didn’t mention about a councillor NOT getting ‘pecuniary interest’ for what boils down to lobbying while making decisions at the council table (which is ILLEGAL!), sometimes it just happens that the people or group they are ‘helping out’ in this way pay their election expenses. Because this is a donation, it is not payment. And, as we know from John Banks’ enterprising manoeuvres in this respect, if the donations are small enough they can be anonymous. Candidates have to fill in a return about how much they spent on their campaign. However, they do not have to assess the value of voluntary labour. So there can, in fact, be serious conflicts of interest but no money trail to prove it. Up to the public to scrutinize the process, I guess, and just think about how expensive someone’s campaign looks and whether that seems to fit in with the candidate’s election expenditure return.

      • Mike

        I think Whiley is largely pro-Whiley he’s looking for a wedge issue to get himself elected, and probably more importantly to become the tartan mafia’s new golden boy …. the real trick is to look and see who end up pulling his strings

        • Anonymous

          How is it possible for Cr Whiley to take part in discussions while he is chairman of Pro-Gas Otago and a sitting Councillor deliberating and making decisions on the block offer?

          Was a conflict of interest entered? Did he withdraw from discussions?

        • Elizabeth

          Diane may be able to answer this – indeed Cr Whiley (and other councillors for various reasons) sat back during the meeting.

        • Mike

          Remember that the experience Cr Whiley brings to being mayor is being a golf pro ….. when he doesn’t like what you’re doing expect him to come around and criticise your swing and make you stand the right way.

        • Regarding conflicts of interest, a council meeting cannot make any decisions about any Public Forum submissions it hears right away at the same meeting. The councillors can only ask questions of the submitters. Sometimes these are not really questions at all but rather political grandstanding or trying to score points to demolish the submitters’ arguments. It’s up to the chair to keep this under control and make sure the questions are only for genuinely seeking further information.

          I thought Cr Whiley’s body language suggested he had a bit of an axe to grind. For example, I thought he was trying to get the submitters to acknowledge that the dangers which they said applied to oil extraction did not so much apply to gas and that Otago blocks were likely have a lot more gas than oil. He didn’t get the answer I think he was looking for.

          After the councillors have asked questions, the meeting may decide to send the matter to staff or to a council committee for further consideration.

          With regard to the later agenda item on the DCC’s submission on gas and oil block offers, it’s an interesting question as to whether Cr Whiley had a conflict of interest because of his association with Pro-Gas and Oil Otago. He certainly didn’t declare one because when councillors do, they must physically remove themselves (stand down) from the table and this is recorded in the minutes so there is absolutely no doubt that they are not taking part in the decision making.

          But legally ‘conflict of interest’ IMO (and am, of course, open to correction) has to involve ‘pecuniary advantage’ ie there has to be a possibility of making personal financial gain out of the decision in question. Councillors are allowed to be members of political parties and lobby groups just like anyone else. And the assumption is that they don’t make any money out of this so they don’t have a conflict of interest in this case. But if a councillor were EMPLOYED by a group like Pro-gas and Oil Otago, then I think they would have a conflict of interest. They would also have a conflict of interest if they were paid in KIND just as much as in money.
          So you can see the difficulty. What if the front man for a lobby group gets various personal advantages from people behind the scenes who are members of the group he is representing purely BECAUSE he is representing their interests? No money trail so you can’t prove any pecuniary interest. So then no provable conflict of interest.

          The only remedy is for the media to make sure the public (voters) are well-informed about any lobby group’s links which councillors might have.

          Let’s not pick on just Cr Whiley here. Cr Hawkins is a member of the Green Party. So we can assume that his personal views might follow the Green Party’s policy – that deep sea oil and gas exploration is a big no no. But this does not mean that Cr Hawkins has a conflict of interest because he doesn’t stand to make any money out of this.

        • Elizabeth

          Sitting back happens when an item or issue arises that a councillor has an interest in and at the same time, for example, they might be on a related hearing panel (see regulatory functions) – or the councillor is a friend, family member, business colleague of a constituent or entity the council must have regard to in the course of business, etc. During yesterday’s meeting we saw this in action; and at least by virtue of a question to the chair on whether a councillor(s) should sit back or not. COI isn’t limited to just pecuniary interest; a real or perceived conflict of interest is much broader in accordance with the laws of the land which we hope the Standing Orders are based on wholely or in part….

          Outside DCC – we might say CEO Carole Heatly at SDHB has a dire conflict of interest – there was the ODT story today (which shrivels the toenails – http://www.odt.co.nz/regions/southland/361015/light-cast-patient-safety-row **) followed by what’s coming up in tomorrow’s newspaper: the fact that people working in the hospital were issued with work gear to protect them from asbestos before the asbestos story broke at Dunedin Hospital. Somebody knew there was a contamination/ public health and safety risk before things ‘aired’ about the swabs. We’re talking about this ‘coincidence’ having happened in a quite compressed period of time!

          **See this comment at ODT Online:

          Cavalry on its way
          Submitted by southernsoul on Wed, 28/10/2015 – 5:06pm.

          Never fear…help is at hand…today the SDHB advertised positions for a Head of Communications, and a Senior Communications Advisor. That should fix the problem!

          Thus alluding to the ethical dimension (moral duty / human rights / medical ethics / business ethics – and more) of COI….

          Then if we remember back to Citifleet…. the COI (or something worse) that exists between a staff member being alive, or dead, and who enabled or did not manage risk sufficiently competently, with respect to health and safety/ human resources/ institutional knowledge of credit card use/ staff’s delegated authority to purchase ammunition, and more.

          The several answer was (completely detached?) joy trips to the UK, we’re told.

      • Hype O'Thermia

        There has been quite widespread perception that Council is anti-business >> unhelpful in obtaining employment opportunities. “Dunedin’s terrible to try to establish anything in” kind of remarks, and 3 people I know of for certain vowing they’d never try to get anything started here. Red tape and unhelpfulness by the truckload.
        Quite likely Whiley stood for council because he believes there’s a need for pro-business/ pro-employment opportunities voices. Goodness knows we’re not going to grow the city’s ability to afford necessities + pay off irresponsible spending, from all the extra tourists coming to the stadium and to ride on the cycle lanes. Only roadworks construction – destruction – alteration workers are doing well from that council priority.

        • Elizabeth: what you say about conflict of interest is interesting. It’s a lot more complex than what I had originally thought. I wonder how well the DCC advises its councillors re conflict of interest. I think I might see if I can find out more. Getting back to the point that councillors who state that they have a conflict of interests do not have to state exactly what that conflict is, I remember that the question of local government reps making a statement of pecuniary interest (in other words a disclosure statement of their property) came up a while ago. MPs have to make such disclosure statements but I think it may still be voluntary for local government reps. And I don’t think the DCC has agreed that they will do this. Not yet anyway. I think other councils have.
          I do remember a council discussion about whether Cr Thomson should be allowed to take part in a discussion on retail facilities because he owned a shop. It was decided that this was too general to count.

        • Elizabeth

          Updated comment 12:52 p.m.

          Check out the last minutes for the DCC Audit and Risk Subcommittee, you will see the members’ “disclosures” as required.

          Report – Audit – 19/10/2015 (PDF, 75.6 KB)
          Members Interest Register

  9. Elizabeth

    Back to what Jinty wasn’t articulating properly (see comment above), here’s an old intelligent hand at community participation and involvement:

    New post at ‘Paul Pope on the Peninsula’:

    Community Groups & Representation
    By Paul Pope
    I’ve been actively involved with community groups for nearly 25 years. I’ve worked with them professionally in a range of roles and issues as well as stepping up in my own community and actively taking part in many of them. They’re an interesting dynamic, some are enthusiastic, positive and embrace new challenges. Others, have very set goals and objectives and seldom deviate from that path. Perhaps the biggest challenge is a community’s ability to develop effective co-ordination and communication between various agencies and local government. Often it is one of the most frustrating things for community groups who can see local government as an impediment to decision-making in the community. How many times do you see in the media, frustrations vented by community groups over what appear to be officious and unnecessary rules? It raises the question, how well does local government actually listen and engage with its community?
    Read more at http://paul-pope.co.nz/2015/10/28/community-groups-representation/

    Note Paul’s shrewd observation here: (think SPOKES, GREENS et al)

    I made the comment […] that it “appears that the long-term plan will be to disestablish boards from all communities, and have community groups act as conduits with the City Council. In essence this is a type of community privatisation, where private groups will represent the needs of their community and compete for the small amount of funding in that sector.” There are some fundamental issues with this model, notwithstanding that community groups may not actually represent the views or interests of the community they fain to represent.

    and

    Perhaps most worrying is that the City Council seem to want to “manufacture” community groups and leadership to cope with their own failings in consultation and engagement. […] By all means we should support and nurture groups within the community, but it must be in a transparent and equitable way.

    • Diane Yeldon

      Yep. I just commented on Paul’s post on Facebook. And I think ‘privatisation’ is indeed the keyword. And ‘manufacture’ is pretty good too. Where the one who will ‘roll over, Rover’ are the ones who get the council funding.

  10. Jacob

    Mosgiel Taieri community board would be a good example of “privatisation”, and the roll over Rover factor. It has been well and truly captured. One only has to look where the majority of the board’s discretionary funds have ended. Very little has been allocated to the Taieri part of the board. It will be interesting to see how Jinty recycles the Mosgiel part of the board when it disappears at the next election.

  11. Anonymous

    As noted above, a COI is not strictly pecuniary. A COI may exist, for example, where a councillor has made public statements on a topic in a personal capacity which then comes in front of Council or sub-committee thereof. “Sitting back” is not sufficient in cases where a COI exists (or is perceived to exist). A councillor must “stand down” ie leave the debating chamber (and have this minuted). The same would apply if a Councillor made public submissions on matters that they might subsequently vote on.

    http://www.oag.govt.nz/2004/lg-2002-03/part2-07.htm

  12. Simon

    From the Audit Office booklet on Financial Conflicts of Interest of Governing Bodies.
    Pecuniary Interest at Meetings. From the Policies and Procedures for Authorities to follow.
    “Whether a member has a pecuniary interest, and what action he or she should take, is for the particular member to decide. It cannot be imposed by the authority.”

  13. Simon

    Further from the Audit Office booklet on guidelines.

    Declaration of Interest and Recording in Minutes.
    If a matter comes before the authority in which a member has a pecuniary interest, the member must abstain from discussion and voting; and
    declare to the meeting the existence of a pecuniary interest.
    Note: You do not have to inform the meeting about the nature of your interest or why it exists.
    The requirement to abstain from discussion and voting does not mean you have to leave the meeting room. However, we consider that you should leave the table and sit in the public gallery while the matter is being discussed and voted on.
    The minutes of a meeting are prima facie evidence of what went on at the meeting. For this reason, you should ensure that your abstention and declaration are correctly recorded in the minutes.

  14. Elizabeth

    I didn’t arrive in time for this item at Tuesday’s DCC Public Forum – I was subsequently told by those who could attend that it was the best most pointed ‘submission’ to Mayor and Councillors that day.

    The Epere (Black Power) question will not go away – see DCC procurement policy (tendering) ???!!!

    ”My son never had a choice in getting this disability, or this disadvantage. This man did have a choice, and he decided to join a gang.” –Anneloes de Groot

    ### ODT Online Fri, 30 Oct 2015
    Job for gangster, how about autistic man?
    By Craig Borley
    If you can help gangsters get work, you can help people with disabilities get work. That was the stark message delivered to the Dunedin City Council this week by a Dunedin mother fighting for the future of her 28-year-old autistic son.
    Read more

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