Significance and engagement policy | Kaupapa here hirahira whakatūtaka

Significance

Significance means the importance of an issue, proposal, decision, or matter, as assessed by the Council, in terms of its likely impact on, and likely consequences for:

• Dunedin as a whole.
• The parties and communities who are likely to be particularly affected or interested in the issue, proposal, decision or matter.
• The financial and non-financial costs and implications, or the capacity of the Council to perform its role/functions.

DCC staff and elected members will be responsible for assessing the significance of a potential decision, in accordance with legislation and this Policy. When determining the significance of an issue, proposal, decision or other matter the criteria in section 2 will be considered.

Criteria for significance

The Council has identified criteria to assess the degree of significance. The significance  of an  issue, proposal or decision lies somewhere on a continuum from low to high. Where the significance of a proposal or decision is unclear against one criterion, then the Council will treat that criterion as being more, rather than less significant. If any of the following criteria are met, the proposal or decision may be ‘significant’. However, the criteria should be considered collectively to get to this point.

Importance to Dunedin: The extent to which the matter impacts on DCC area, now and in the future. Factors to be considered include:

• The effect on existing levels of service provided by the DCC for significant activities (including a decision to begin or cease a significant activity).
• The long-term social, economic, environmental and cultural impact of the decision on the needs of current and future generations.
• The opportunity costs, the level of risk and how difficult it would be to reverse the effects of the decision.

Community interest: The extent to which individuals, organisations, businesses, groups, communities and sectors within the community are particularly affected by, or are interested in, the matter. Factors to be considered include:

• The number of individuals, organisations, businesses, groups, communities and sectors within the community that are affected.
• The extent of the impact on affected individuals, organisations, businesses, groups, communities and sectors within the community.
• The level of public interest, or the potential to generate interest or controversy.
• The extent to which community opinion is divided on the matter.

Consistency with existing policy and strategy: the extent to which the matter is consistent with the Council’s community outcomes, Strategic Framework and policies (refer to Schedule 1). Factors to be considered include:

• The extent to which the decision is consistent with the Council’s community outcomes, Strategic Framework priorities and policies.
• The extent to which the decision is consistent with previous Council decisions.

Impact on Council’s finances, capacity and capability: The impact of the decision on the ability to achieve the objectives set out in the Council’s Long Term Plan and Financial Strategy. Factors to be considered include:

• Transfers of strategic assets to or from the Council (refer to Strategic assets below).
• The financial cost of the decision, in the short, medium and long term.
• The extent of the impact on rates and/or debt (including cumulative effects).
• The extent to which the decision is consistent with the Financial Strategy.
• The impact on Council’s capacity/capability to meet legislative requirements.

Some assets or groups of assets are considered strategically important to achieve and promote the current or future wellbeing of the community and the priorities of the Strategic Framework. These assets are identified in Schedule 2.

In general, the Council will, at a minimum, engage the community using the special consultative procedure (as described in Engagement activities below) on any significant changes to the Council’s ownership or control of strategic assets and any decisions to construct, replace or sell strategic assets.

A local authority is required to prepare and adopt an Annual Plan for each financial year. Consultation on a proposed
Annual Plan is only required if there are significant or material differences from the content of the Long Term Plan for the financial year concerned (Sections 95 and 95A of the LGA). However, the Council can still choose to engage with the community on its plans if it wishes to do so.

Section 95A(5) of the LGA defines materiality: “For the purposes of this section a difference, variation or departure is material if it could in its own right, or in conjunction with other differences, influence the decisions or assessments of those reading or responding to the proposed Annual Plan.”

When assessing materiality, the key questions to consider are:

• Would this project/proposal cause a reasonable person to change their view of the affordability of the plan or of the service levels being provided?
• Would this project/proposal cause a reasonable person to want to/not want to provide feedback on the proposal?

Materiality in this context is not the same as the concept commonly used in financial reporting and cannot always be
reduced to a dollar value.

Engagement provides an opportunity for the public to debate and discuss their views on a decision or proposal being considered by the DCC. The community views expressed through an engagement process will be considered and taken into account, along with other information, when decisions are made. Engagement may not necessarily result in consensus. However, engagement should allow for an exchange and examination of information and points of view between affected and interested people and decision-makers before a decision is made. Engagement ensures that decisions are informed and improved by the community’s involvement.

Principles of engagement: The Council will take a principle based approach to its community engagement activities, in alignment with the international association for public participation (IAP2) Core Values.

• Genuine: We will engage honestly and we will respect and listen to the views provided by the community with an open-mind and will give due consideration to them when making decisions.
• Timeliness: We will engage with the community as early as appropriate and ensure that engagement processes are an integral part of project planning. We will allow enough time for participants to contribute and for them to be able to raise unexpected issues.
• Purposeful: We will be clear about the purpose of engagement and the ability and scope of the engagement to influence decisions.
• Engagement with Māori: We will engage with Māori in the city in a way that is reflective of tikanga and kawa.
• Inclusive and accessible: We will engage in a way which encourages participation of all who are likely to be affected by, or are interested in, a decision.
• Recognition of diversity: We will use engagement methods which are appropriate to the issue and those we are seeking to engage, having regard to their culture, age, ability and time availability.
• Informed: We will provide clear, easy to understand and objective information relating to engagement and ensure it is readily available so that participants can make informed contributions.
• Responsive: We will be transparent about how we record, consider and respond to participants’ contributions, and provide clear information on how the community’s feedback has been taken into account in decision- making.
• Cost-effective: We will engage in a cost-effective manner, and resource engagement in proportion to the significance of the decision. We will ensure the least possible cost to all involved in the engagement (including the costs to the communities / affected parties).

Statutory Compliance: The LGA and other legislation require the Council to consult with the community in a range of circumstances. The LGA has also sets out principles to guide all consultation and prescribes specific consultative procedures, which must be followed in certain circumstances (refer to Engagement activities below).

At a minimum, the Council will adhere to all legislative requirements.

Significant proposals or decisions: The Council will determine the nature and form of the engagement in accordance with the significance of the particular decision. In general, the greater the significance of the decision, the more we will do to engage the community. A ‘significant’ decision will not automatically require the special consultative procedure (refer to Engagement activities below), but will require some method of engagement unless there is a reason not to engage.

Reasons not to engage: The Council acknowledges  there are times when it is not necessary, appropriate or possible to engage the community on a proposal or decision.

The Council may choose not to engage on a proposal or decision, but will only decide this in accordance with the criteria below:

• The proposal or decision is not of a nature or significance that requires engagement.
• The Council already has a sound understanding of the views and preferences of the persons likely to be affected by or interested in, the proposal or decision.
• There is a need for confidentiality or commercial sensitivity.
• The costs of engagement outweigh the benefits of it.
• The proposal or decision has already been addressed by the Council’s strategies, policies or plans, which have recently been consulted on.
• An immediate or quick response or decision is needed or it is not reasonably practicable to engage.

Whenever the Council does not formally engage, community views will still be considered before a decision is made and as much information will be provided to the public as possible. Figure 2 provides a summary of the factors the Council will consider when deciding when to engage.

Figure 2: Flowchart of deciding when to engage

The Council will determine which engagement tools, activities or processes to use based on the individuals, organisations, businesses, groups, communities and sectors within the community that are affected by, or interested in the proposal; and the extent of that interest/impact. In the first instance, DCC staff will be responsible for assessing the appropriateness of engagement activities for each proposal or decision at the project planning stage. The Council will be flexible in its engagement approach and be responsive to new ideas. Reports to the Council and its Committees will outline a proposed engagement plan, to be approved by the Council or Committee.

The Council recognises that differing levels of engagement tools, activities or processes may be required during the various stages of decision-making on an issue and for different stakeholders. Figure 3 is based on the International Association of Public Participation (IAP2) spectrum of engagement and sets out some engagement activities. It describes when these activities may be appropriate for particular kinds of decisions and when the community can expect to be involved in the decision-making. However, this does not commit the Council to using specific tools or activities in any specific circumstance.

Figure 3: Types of Engagement Activities (IAP2 spectrum of engagement)

This Policy will be reviewed at least once every three years, and within 12 months following each triennial election.

Strategic assets are those considered by the Council to be strategically important to achieve and promote the current or future well-being of the community and the priorities of the Strategic Framework. Currently the Council’s strategic assets are:

• Cemeteries
• Community housing
• Dunedin Botanic Garden
• Dunedin Centre, Town Hall and Municipal Chambers
• Dunedin Public Art Gallery and collections
• Dunedin Public Libraries and collections
• Dunedin Railway Station
• Edgar Centre
• Forsyth Barr Stadium
• 231 Stuart Street (formerly the Fortune Theatre)
• Hereweka Harbour Cone
• Lan Yuan Chinese Garden
• Landfill facilities
• Logan Park
• Moana Pool
• Olveston House and collections
• Parks, recreation and open space network
• Regent Theatre
• Shares in Dunedin International Airport Company Limited
• Dunedin City Holdings Limited
• Stormwater collection and disposal system
• The Town Belt
• Toitū Otago Settlers Museum and collections
• Transportation Network
• Wastewater collection, treatment and disposal system
• Water collection, storage, treatment and distribution system

Notes:

The Council may consider any other asset or group of assets as being ‘significant’ by using the criteria of significance.

Where a strategic asset is a network or has many components, decisions can be made on individual components within the network without it being regarded as significant, unless that component substantially affects the level of service provided to the community.

Decisions can be made to physically alter strategic assets that are required to prevent an immediate hazardous situation arising, or repair an asset due to damage from an emergency or unforeseen situation.

As agreed by the Council, in the case of Council Controlled Organisations (CCO), decisions relating to the management, acquisition or divestment of assets are taken by the independent board of the CCOs under the Statement of Intent.