Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

17 September 2015

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 6 August 2015 7 - 15

Document number M1394

Recommendation

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 6 August 2015, be confirmed as a true and correct record.

Please note that as the only business transacted in public excluded was to confirm the minutes and receive the status report, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists.

6. Status Report - Planning and Regulatory Committee - 17 September 2015 16 - 18

Document number R4828

Recommendation

THAT the Status Report Planning and Regulatory Committee 17 September 2015 (R4828) and its attachment (A1155974) be received.

7. Chairperson's Report 19 - 21

Document number R4834

Recommendation

THAT the Chairperson's Report (R4834) be received.

Regulatory

8. Ship to Ship Transfer of Fuels 22 - 42

Document number R4350

Recommendation

THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received.

Recommendation to Council

THAT the Nelson City Council informs Maritime New Zealand that in the absence of specific details on ship to ship transfer of fuels operations the Council either:

(a) Conditionally supports the ship to ship transfer of fuels in our territorial waters provided the operations are conducted in accordance with conditions and criteria determined by Maritime New Zealand and the harbourmaster; or

(b) Opposes the ship to ship transfer of fuels in our territorial waters.

9. Nelson Port and Harbour Marine Safety Code 43 - 101

Document number R4751

Recommendation

THAT the report Nelson Port and Harbour Marine Safety Code (R4751) and its attachment (A1418392) be received.

Recommendation to Council

THAT the Council adopts the Nelson Port and Harbour Marine Safety Code (A1418392) dated August 2015.

10. Dog Control and District Licensing Committee Annual Reports 2014-2015 102 - 110

Document number R4619

Recommendation

THAT the report Dog Control and District Licensing Committee Annual Reports 2014-2015 (R4619) and its attachments (A1394170 and A1394117) be received;

AND THAT the Council approve the Nelson City Council Dog Control Activity Report 2014-2015 (A1394170);

AND THAT the Council approve the Nelson District Licensing Committee Report 2014-2015 (A1394117).

11. Building and Other Regulatory Activity Management Plan 2015-2025 111 - 128

Document number R4673

Recommendation

THAT the report Building and Other Regulatory Activity Management Plan 2015-2025 (R4673) and its attachments (A1423077 and A1150957) be received.

Recommendation to Council

THAT the Building and Other Regulatory Activity Management Plan 2015-2025 (A1150957), amended to reflect the Long Term Plan 2015-2025, be adopted.

Environment

12. Environment Activity Management Plan 2015-
2025 129 - 160

Document number R4693

Recommendation

THAT the report Environment Activity Management Plan 2015-2025 (R4693) and its attachments (A1423448 and A1243203) be received.

Recommendation to Council

THAT the Environment Activity Management Plan 2015-2025 (A1243203), amended to reflect the Long Term Plan 2015-25, be adopted.

Note:

· Youth Councillors Fynn Jankiewicz-McClintock and Bronte Shaw will be in attendance at this meeting. (delete as appropriate)

Minutes of a meeting of the Planning and Regulatory Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 6 August 2015, commencing at 9.02am

Present: Councillor B McGurk (Chairperson), Councillors I Barker, E Davy, K Fulton (Deputy Chairperson), M Lawrey, and M Ward, and Ms G Paine

In Attendance: Councillor P Matheson, Group Manager Strategy and Environment (C Barton), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), Administration Adviser (G Brown), and Nelson Youth Councillors (D Leaper and F Sawyer)

Apologies: Her Worship the Mayor R Reese and Councillor R Copeland for attendance and Councillor Davy for lateness

1. Apologies

Resolved PR/2015/025

THAT apologies be received and accepted from Her Worship the Mayor and Councillor Copeland for attendance, and Councillor Davy for lateness.

McGurk/Fulton Carried

2. Confirmation of Order of Business

The Chairperson advised that since the distribution of the agenda a public forum had been confirmed.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

4.1 Ken Robinson spoke about the noise from heat pumps.

Mr Robinson read from a tabled document (A1399774), and provided the Committee with a copy of the ‘Good Practice Guide – Heat pump installation’ from the Energy Efficiency and Conservation Authority (A1399449).

Attendance: Councillor Davy joined the meeting at 9.05am.

In response to a question, Mr Robinson said that he believed the average noise from heatpumps was approximately 64 decibels.

Attachments

1 A1399774 - Tabled Document - Mr Ken Robinson's Public Forum

2 A1399449 - Tabled Document - EECA Good Practice Guide - Heat Pump Installation

5. Confirmation of Minutes

5.1 25 and 30 June 2015

Document number M1302, agenda pages 7 - 19 refer.

It was noted that Councillor Noonan was not in attendance at the reconvened Planning and Regulatory Committee meeting 30 June 2015.

Resolved PR/2015/027

THAT the amended minutes of the meeting of the Planning and Regulatory Committee, held on 25 and 30 June 2015, be confirmed as a true and correct record.

McGurk/Lawrey Carried

6. Status Report - Planning and Regulatory Committee - 6 August 2015

Document number R4626, agenda pages 20 - 22 refer.

Resolved PR/2015/028

THAT the Status Report Planning and Regulatory Committee 6 August 2015 (R4626) and its attachment (A1155974) be received.

McGurk/Paine Carried

7. Chairperson's Report

Document number R4656, agenda pages 23 - 24 refer.

Resolved PR/2015/029

THAT the Chairperson's Report (R4656) be received and the contents noted.

McGurk/Fulton Carried

Regulatory

8. Building Unit Fees and Charges 2015/2016

Document number R4380, agenda pages 25 - 33 refer.

Manager Building, Martin Brown, presented the report.

Mr Brown advised that the first line in attachment 1 – Proposed Fees and Charges 15/16 should read 01 October not 01 September.

In response to a further question, Mr Brown confirmed the proposed changes were in response to customer feedback.

In relation to section 5.2 of the report, it was suggested that next year’s fees and charges should be presented with previous figures so a comparison could be made.

In response to a question, Mr Brown clarified the deposit for buildings up to and including $50,000 was more expensive than other value bands as processing costs were generally charged up front. He clarified that more expensive builds had a more even balance of costs between processing and inspections.

In response to a further question, Mr Brown said the review did not consider the charging regime for deposits as these were working well.

Resolved PR/2015/030

THAT the report Building Unit Fees and Charges 2015/2016 (R4380) and its attachment (A1360198) be received;

AND THAT the proposed changes to Building Unit Fees and Charges (A1360198) be adopted and applied from 1^st October 2015.

McGurk/Fulton Carried

9. Strategy and Environment Report for 1 April 2015 to 30 June 2015

Document number R4398, agenda pages 34 - 56 refer.

Manager Consents and Compliance, Mandy Bishop, Manager Building, Martin Brown, Manager Planning, Matt Heale, Environmental Programmes Officer, Richard Frizzell, Senior Planning Adviser, Sharon Flood, and Manager Environmental Inspections Limited, Stephen Lawrence, presented the report.

In response to a question, Ms Bishop advised that one abatement notice had still to be resolved which related to a visibility breach and a mediation date had been set for 12 August 2015.

In relation to section 7.7 of the report, a councillor suggested that being successful in reducing air pollution should have some correlation with hospital admissions in relation to respiratory issues.

In response to a question, Ms Flood advised that regional reporting on air quality data would be launched on the Land, Air, Water, Aotearoa website early next year.

In response to a question, Mr Lawrence advised there had been unforeseen breakdowns with the air quality monitoring devices, however this only resulted in losing two to three days of data.

In response to a question, Mr Frizzell advised that there had only been one air quality breach in May in airshed A, and he reminded the Committee that the maximum PM10 allowed was 50 micrograms per cubic metre of air.

In relation to section 7.9 of the report it was requested that a permanent acknowledgement of the community groups’ contribution should be considered for Project Maitai/Mahitahi.

In response to a question, Mr Brown advised that building consents were expected to be higher in July due to key projects and commercial activities.

Resolved PR/2015/031

THAT the report Strategy and Environment Report for 1 April 2015 to 30 June 2015 (R4398) and its attachments (A1379923 and A1369994) be received.

Barker/Ward Carried

10. Local Approved Products Policy (LAPP) Deliberations Report

Document number R4489, agenda pages 57 - 70 refer.

Policy Adviser, Susan Moore-Lavo presented the report.

It was highlighted that section 5.7 of the report should read 27 November 2014 and not 2015.

Councillor Davy, seconded by external appointee Ms Paine, moved the recommendation in the officer’s report.

In response to a question, Ms Moore-Lavo advised she believed there was still a market for psychoactive substances as there had been recent news of illegal trade in Tauranga.

In response to a further question, Ms Moore-Lavo said under the Psychoactive Substances Act, suppliers would need to illustrate that psychoactive substances were not harmful.

There was discussion in relation to submissions and a suggestion to restrict sales outlets to a 100 metre distance from NMIT.

Attendance: The meeting adjourned at 10.02am until 10.06am.

Councillor Fulton, seconded by Councillor Ward, moved an amendment:

Resolved PR/2015/032

THAT the report Local Approved Products Policy (LAPP) Deliberations Report (R4489) and its attachments (A375469, A1111554, A1378409, A1277140, and A1389122) be received;

AND THAT the draft Local Approved Products Policy (A375469) be amended as follows to reflect the Committee’s decisions on submissions

· Include tertiary education institutions in the list of premises not allowed within the 100 metres of a premise where psychoactive substances could be sold.

Davy/McGurk Carried

Recommendation to Council PR/2015/033

THAT the Local Approved Products Policy (A375469) be adopted.

Davy/McGurk Carried

Policy and Planning

11. Nelson Plan Update August 2015

Document number R4497, agenda pages 71 - 81 refer.

Manager Planning, Matt Heale, and Planning Adviser, Reuben Peterson, presented the report.

In response to a question, Mr Heale advised that Nelson Plan updates would be provided through Committee reports.

Attendance: Councillor Fulton left at 10.17am and returned to the meeting at 10.19am.

In response to a question, Mr Peterson advised the Area Based Planning workshop listed on page 75 of the report would cover other areas in Nelson and the reason for Stoke having its own workshop was that there were specific issues in Stoke such as transport and the Greenmeadows development.

In response to a question, Mr Heale advised the purpose of a further community meeting on air quality was to report back on modelling work.

In response to a question, Mr Peterson said that iwi cultural activities included the use of commercial land.

It was suggested that the Nelson Plan was not the proper title for the document.

Attendance: The meeting adjourned for morning tea at 10.28am until 10.46am.

Resolved PR/2015/034

THAT the report Nelson Plan Update August 2015 (R4497) and its attachment (A1378644) be received;

AND THAT a further update relating to the Nelson Plan is provided in December 2015.

Davy/McGurk Carried

Recommendation to Council PR/2015/035

THAT the review of the Nelson Resource Management Plan, Nelson Air Quality Plan and Regional Policy Statement hereafter be referred to as the draft Whakamahere Whakatu Nelson Plan.

Davy/McGurk Carried

12. Submission on National Environmental Standard - Plantation Forestry

Document number R4600, agenda pages 82 - 95 refer.

Senior Planning Adviser, Sharon Flood, presented the report.

In response to a question, Ms Flood said that the erosion risk classifications were compiled from investigating the underlying geology of the area.

In response to a further question, Ms Flood said the current Nelson Resource Management Plan provisions were not adequate to manage forestry activities. She clarified that the Freshwater Management Plan would be reviewed as part of the Nelson Plan.

Resolved PR/2015/036

THAT the report Submission on National Environmental Standard - Plantation Forestry (R4600) and its attachments (A1390532 and A1391485) be received;

AND THAT the submission (A1390532) is lodged with the Ministry of Primary Industries by 11 August 2015.

Davy/Paine Carried

13. Exclusion of the Public

Resolved PR/2015/037

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Davy/McGurk Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Planning and Regulatory Committee Meeting Minutes - Public Excluded - 25 June 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Planning and Regulatory Committee Meeting Minutes - Public Excluded - 25 June 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(g)

To maintain legal professional privilege.

The meeting went into public excluded session at 11.06am and resumed in public session at 11.08am.

Please note that as the only business transacted in public excluded was to confirm the minutes, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists.

14. Confirmation of Minutes

14.1 30 June 2015

Document number M1304, agenda pages 3 - 5 refer.

It was noted that Councillor Noonan was to be removed from the attendance section of the minutes.

Resolved PR/2015/032

THAT the amended minutes of part of the meeting of the Planning and Regulatory Committee, held with the public excluded on 30 June 2015, be confirmed as a true and correct record.

Davy/Barker Carried

15. Re-admittance of the Public

Resolved PR/2015/038

THAT the public be re-admitted to the meeting.

McGurk/Davy Carried

There being no further business the meeting ended at 11.08am.

Confirmed as a correct record of proceedings:

Chairperson Date

Planning and Regulatory Committee

17 September 2015

REPORT R4834

Chairperson's Report

1. Purpose of Report

1.1 To update the Planning and Regulatory Committee on a number of matters.

2. Recommendation

THAT the Chairperson's Report (R4834) be received.

3. Proposed Building Amendment Act

3.1 The Building (Earthquake-prone Buildings) Amendment Bill has been reported back from the Local Government and Environment Select Committee. The Bill includes many changes that were announced by the Minister in May 2015, such as zoning New Zealand into areas of low, medium and high risk, and the prioritising of education, hospital and emergency buildings. Nelson City is in the medium zone.

3.2 A significant change is adding a new category of priority buildings to cover those parts of an unreinforced masonry building like a parapet or veranda which could fall into a public road, footpath or other thoroughfare that has been identified by a council as having sufficient vehicle or pedestrian traffic to warrant prioritisation.

3.3 The effect of being a priority building is that the times for assessment and upgrade requirements are halved. This will means that the assessments for priority buildings in Nelson will need to occur in five years instead of 10, and the repairs completed within 12½ years, rather than 25 years.

4. National Environmental Standard for Air Quality (NES-AQ)

4.1 Compared to a number of other councils across New Zealand, Nelson City Council is close to complying with the current NES standards even in our worst performing airshed.

4.2 The Minister for the Environment (MfE) has recently announced a review of the National Environmental Standard for Air Quality (NES) in 2016.

4.3 A change to the NES would have an impact on the approach this Council has taken to manage air quality in Nelson.

4.4 Council officers have been liaising with MfE staff as part of the review of the Nelson Air Quality Plan as part of the Nelson Plan.

4.5 There has been a focus on potential changes regarding annual average measures and how natural source impacts may be measured/discounted in the future.

4.6 Given that the expected timeframes for the review of the NES will occur after the Nelson Plan. It is critical that the Air Plan review aligns with the national direction.

4.7 A letter has been sent to the Minister for the Environment seeking confirmation of the direction of the NES and assistance of MfE staff to review the draft of the Air Plan in early 2016 to ensure consistency with national direction.

4.8 A letter acknowledging receipt of the letter has been received from the Minister’s office.

5. Extended Trading Licensing Hours for Rugby World Cup (RWC) 2015

5.1 On 26 August 2015 Parliament passed the Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Bill. This Bill will enable eligible on-licences and club licences to extend their normal trading hours to televise all RWC games that fall outside of their normal licenced hours. The Bill also overrides the current trading hour restrictions that apply in Nelson Resource Management Plan.

5.2 Licensed premises must have a plan to mitigate noise during extended hours, which specifically includes no discarding of empty bottles or rubbish, no use of outdoor areas, and no amplified music from outdoor speakers.

6. Proposed National Environment Standards – Plantation Forestry (NES-PF)

6.1 Ministry of Primary Industries (MPI) has received approximately 350 individual submissions (including one from Nelson City Council).

6.2 MPI is currently undertaking analysis on the submissions received and comments made at public meetings. A number of fairly complex issues have been raised with MPI.

6.3 MPI expect their initial analysis to take another two to three weeks. There has been no indication when any recommendations might be taken to the appropriate Ministers.

7. Conclusion

7.1 That the updates provided in this report are noted.

Brian McGurk

Chairperson

Attachments

Nil

Planning and Regulatory Committee

17 September 2015

REPORT R4350

Ship to Ship Transfer of Fuels

1. Purpose of Report

1.1 To consider whether the Council can state its position in support, conditional support or opposition to the potential ship to ship transfer of fuels within our territorial waters in the absence of a specific proposal.

2. Delegations

2.1 Maritime and harbour safety and control is an area of responsibility for the Planning and Regulatory Committee. The Committee has the power to decide on this area conferred on Council by relevant legislation. They can also make recommendations to the Council on the review of strategies for their areas of responsibility.

3. Recommendation

THAT the report Ship to Ship Transfer of Fuels (R4350) and its attachment (A1410835) be received.

Recommendation to Council

THAT the Nelson City Council informs Maritime New Zealand that in the absence of specific details on ship to ship transfer of fuels operations the Council either:

(b) Opposes the ship to ship transfer of fuels in our territorial waters.

4. Background

4.1 There has been initial interest (no specific or formal proposal) from an overseas based company to transfer fuels from a “mother ship” to other ships. The attraction to the Nelson area is that the swell and wind conditions are generally more suitable here for this operation.

4.2 The initial interest is to transfer light fuels (kerosene or distillate) brought into the region in bulk that will be transferred to smaller tankers and shipped around Australia and New Zealand.

4.3 It is unlikely this activity requires resource consent as it will not involve:

4.3.1 the occupation of the coastal marine area (the operation is not anticipated to occur for a sufficiently long period of time to constitute “occupation” under the Resource Management Act 1991);

4.3.2 the erection of any structures in the coastal marine area;

4.3.3 discharge of contaminants; and

4.3.4 disturbance of the sea bed beyond any disturbance associated with temporary anchoring that may be required.

Any vapour discharge and management would need to be understood to assess whether an air discharge permit is required under the Nelson Air Plan or section 15B of the Resource Management Act.

4.4 The Maritime Transport Act 1994 requires the operator of this activity to notify either the regional council or Maritime New Zealand (MNZ) within 48 hours of starting the operation. Whoever gets notified then needs to share the information with the other organisation but only the Director of MNZ can prohibit the activity or require precautionary measures. In reaching a decision the Director of MNZ would like to know the position of the relevant regional council.

4.5 The harbourmaster has powers under the Maritime Transport Act and the Council’s Navigation Safety Bylaw to take or require measures to be taken to ensure navigation safety in our territorial waters.

5. Discussion

Brief description of the activity

5.1 Most ship to ship transfers last between 24 to 48 hours with a possible three to four separate mooring and unmooring operations. A hose is connected between the ships that are either stationary or slowly moving forward together.

5.2 The fuel transferred would be non-persistent oils such as gasoil and petrol that are highly toxic but relatively easily managed and may not spread as far. A subsequent request may be received to transfer heavier oil (less toxic but can spread over large areas) such as that captured and transferred in Taranaki.

5.3 Currently the ship to ship transfer of fuels in New Zealand occurs mainly in Auckland with the vessels secured alongside a berth where fenders and pollution booms can be put in place. Nelson does not have space at the Port to enable the activity to occur while vessels are tied to a berth.

Risk assessment from the harbourmaster

5.4 The harbourmaster has identified the following possible risks associated with this activity (for the full risk assessment see Attachment 1):

· Collision between the ships;

· The grounding of a ship;

· Unsuitable or deteriorating weather;

· Dragging anchor;

· Spillage on deck;

· Pollution in the sea;

· Mooring failure;

· Inadequate fendering;

· Unsuitable ship;

· Personal injury; and

· Fire.

5.5 The harbourmaster notes the ship to ship fuel transhipment business has a low number of pollution incidents. The vast majority of incidents being mainly attributed to valve failures, tank overflows and hose ruptures that do not always involve pollution to the waterways.

5.6 From an analysis of approximately 1270 transhipment operations worldwide, spread over a period of approximately ten years the following was documented:

· There has never been a major pollution incident;

· Oil leakage was limited to seven minor incidents equal to 5.5 per 1000 transhipments in which oil reached the sea in only two of these incidents;

· Minor steel to steel contact occurred in 11.8 cases per 1000 transhipments;

· Two serious steel to steel contacts occurred causing damage or 1.6 cases per 1000 transhipments;

· Three hose defect incidents occurred or 2.3 per 1000 transhipments;

· In ten years there was one fatality and one other crew injury; and

· In all a total of 36 incidents or 3.5 per year (worldwide).

5.7 In a study conducted for the United States Coastguard in which 2725 transhipments operations were analysed the following was reported:

· From the 2725 operations there were 15 pollution incidents, totalling oil spillage of 45 barrels (7154 litres); and

· There was a computed probability of 23 spillage incidents per every 10000 transfers (one every 36 years if conducting one transhipment per month).

5.8 Overall it is the harbourmaster’s view that ship to ship transfers of fuels can be conducted safely under strict conditions and criteria within Nelson City Council’s territorial waters. Some of these conditions or mitigation measures could include:

· Vetting onboard procedures including vessel suitability and experience and training of the crew;

· Local pilotage;

· Vessels being stationary for the transfer operation;

· Identifying weather and tidal limits;

· The provision, training and testing of emergency response procedures and equipment; and

· Stipulating the location of the operations.

Risk assessment from the on-scene commander (oil spills)

5.9 The current regional response capability is based on incidents responded to over the last 15 years. The training of respondents and equipment held at Nelson is adequate for sheltered water work under favourable weather and tidal conditions.

5.10 For open water response either the ship companies or Port Nelson would need to provide suitable equipment and trained personnel for its use.

5.11 Any specialist equipment should be onsite not onshore and situated where the transfer is taking place as the response time is a critical factor for a successful response.

5.12 Tasman Bay has a range of significant environmental, conservation and cultural values. Council would not want to be in a position where the only possible response option is the use of dispersants.

Response from other regional councils

5.13 Canterbury’s harbourmaster has advised that since they have facility of deep water berths at Port he would oppose this operation at sea. His concerns are for the safety of vessels alongside each other at sea with there being a hostile coastline in the Canterbury region. The transfer could occur with the ships secure alongside a berth at Lyttelton or Timaru.

5.14 In the Nelson there is no space at the Port to enable the activity to occur while the vessels are tied to a berth. The Nelson coastline however is not as exposed as the Canterbury coastline.

6. Options

6.1 The Council could choose to do nothing until a specific proposal has been received. There is a risk that there may not be enough time to decide on a position should the operator only provide 48 hours notice as required under the Act. The Council may consider it is appropriate not to provide comment to MNZ who will make the decision. In that case the view of the community where the activity would occur would not be represented.

6.2 Should the Council agree to provide a position on the ship to ship transfer of fuels in our territorial waters, the benefits and risks of each position are summarised the table below:

Position	Benefits	Risks
(a) Conditionally support	Potentially increased revenue for Port Nelson Ltd and local businesses servicing and supporting the operation through charges, re-supplying the ships, accommodation of specialist staff and equipment brought to the region for this operation and repair and maintenance work on vessels occurring while they were here. Local conditions and controls are imposed to minimise the risk to the environment and navigation safety	May not reflect the community view, controls may be too restrictive for the operators and they may choose to undertake the activity elsewhere. Environmental pollution has low risk of occurring but potentially high significance for certain fuels or coastal locations. MNZ do not agree to impose the controls and the operator does not agree to the controls. Biosecurity issues would need to be addressed for visiting vessels.
(b) Oppose	No risk to the environment or navigation safety	May not reflect the community view, an opportunity for economic benefit is lost.
(c) Engage the community	A position can be based on the community view	May instigate a public outcry that deters the operator, MNZ do not agree with the view (so why raise the matter), in general it would be too difficult to consult without specific details.

7. Alignment with relevant Council policy

7.1 The current Long Term Plan identifies the Council is responsible for ensuring navigation safety and protecting the natural environment.

7.2 There are potentially some associated costs, including staff time, required for the option to conditionally support this activity. The pollution response equipment may need to be upgraded alongside additional training of personnel. However the Council could require that the operator either provides this equipment and training (or personnel) or covers its cost. As the Council has no legislative means to require this either MNZ or the operator would need to agree to any requirements proposed by the Council.

8. Assessment of Significance against the Council’s Significance and Engagement Policy

8.1 The likelihood of this operation occurring is unknown and therefore the risk of effects at this stage is low and there are few specific details because a proposal has not been presented; as such this decision is not significant under the Council’s Significance and Engagement Policy.

9. Consultation

9.1 Relevant internal staff have been consulted and their views incorporated into this report.

9.2 Should a specific proposal arise the Council may wish to consult with stakeholders or the public (if there is time to do so).

9.3 Alternatively Council could undertake consultation with the community now. One issue with this however, is that in the absence of any specific proposal it may cause unnecessary confusion and concern for the public.

10. Inclusion of Māori in the decision making process

10.1 Māori were consulted on 10 July by email. Te Atiawa responded that Tiakina te Taiao Ltd would respond on their behalf.

Tiakina te Taiao requested a Cultural Impact Assessment for the activity, a discussion on charges for the activity and an iwi monitor be on board should the activity be approved.

Ngāti Kuia response:

“Even though there are industry guideline and best practice, there are a few other issues that could be raised ie laden tankers, biodiversity issues. This practice will have major environmental effects on our ability to manage thriving and abundant customary and commercial fisheries if a significant event was to happen in proximity to a taonga breeding area. It could also adversely affect economic return from our tourism industry if an event was to happen around the Abel Tasman Park area.”

10.2 At the Iwi Working Group on 10 August the harbourmaster attended to respond to any questions iwi might have on the topic. Responses to questions included:

• Charges in the region of $110,000 to $120,000 could be applied for regional development, a risk charge, monitoring charge, tariff, oil spill booms, tug on standby etc.

• That the transfer can be insured.

• That there are two types of fuels that could be transferred: Light fuels (Kerosene and diesel) and heavy fuels (crude oil). The environmental impacts of spills from these different types of fuels are not the same.

• That there could be an exclusion zone around the vessels, if it is considered necessary.

• That there would be a patrol vessel on standby for any transfer.

• That there would be spill contingency plans for the worst case scenario, and that if there was an approach by a company to carry out Ship to Ship Transfer of Fuels in the area, there would need to be work done by the company to assess the environmental and cultural impacts.

• That ship captains know how to handle their vessels appropriately and know limits in terms of weather and conditions that would require them to stop work/move apart.

• It was noted that there may be discharge to air as a result of moving fuel from one ship to another and that this may require resource consent.

• It was noted that there were no ballast water issues as this would be done outside the NCC area.

• That track record could be one of the criteria to consider applicants.

• Both vessels could be surrounded by booms if this is considered a necessary requirement.

• Workers at the Port already participate in training to deal with spills and emergencies and would be available to manage spills already. He also noted that there was an expert at MDC that has expertise around managing an ongoing spill.

• The ships would be anchored. There is no sufficient space at the port to have the vessels tied up to the wharf.

Iwi noted the following:

• There may be increased risk from terrorist activity.

• That by supporting the management of fossil fuels the use of the fuels leads to further degradation of the environment.

• Low risk but high consequences should things go wrong – there is no risk currently.

• Te Atiawa did not support the proposal.

· There was interest in the views of other stakeholders such as DoC, TDC, fishing and tourism industries. The harbourmaster noted that Cawthron had no concern with the transfer of light fuels.

• Should the activity occur closer to the shore and an accident happens there would be more impact on the coastal environment although resources would be employed faster to control the spill.

• More specific information would be needed before there could be agreement.

10.3 Overall there was a lack of support from Iwi for the proposal.

10.4 Should a specific proposal arise, the operator will be advised to consult with local iwi and the Council should include Maori in determining the position of the territorial authority.

11. Conclusion

11.1 Only the Director of Maritime New Zealand can prohibit the ship to ship transfer of fuels activity or require conditions should they allow the activity. Maritime NZ are interested in the views of the local authority but as only 48 hours notice is required to be given from an operator this is likely to be insufficient time for the Council to provide a view on a specific proposal.

11.2 In the absence of information on a specific proposal it is difficult to consult fully with other stakeholders or the public. Iwi have indicated they are not supportive of the activity.

11.3 The harbourmaster has suggested the activity can be conducted safely in our territorial waters under strict conditions and criteria. As long as these conditions relate to navigation safety the harbourmaster will have the power to impose these conditions should Maritime NZ not have already done so. Conditions not relating to navigation safety will require the agreement of Maritime NZ to impose or the agreement of the operator.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1410835 Ship to Ship Transfer of Fuels risk assessment from the Harbourmaster

Planning and Regulatory Committee

17 September 2015

REPORT R4751

Nelson Port and Harbour Marine Safety Code

1. Purpose of Report

1.1 To adopt the Nelson Port and Harbour Marine Safety Code document.

2. Delegations

3. Recommendation

THAT the report Nelson Port and Harbour Marine Safety Code (R4751) and its attachment (A1418392) be received.

Recommendation to Council

THAT the Council adopts the Nelson Port and Harbour Marine Safety Code (A1418392) dated August 2015.

4. Background

4.1 The Council is responsible for navigation safety within its territorial waters. Council resolved on 18 September 2012 to delegate to Port Nelson Limited all of the functions, duties, and powers (other than a power to make bylaws and the ability to appoint a harbourmaster) that relate to navigation safety.

4.2 Port Nelson appoints the harbourmaster subject to approval from the Council. One of the harbour master’s duties is to develop a safety management system (SMS) for the Nelson harbour that will meet the requirements of the New Zealand Port and Harbour Marine Safety Code (the Code).

4.3 The objectives of the Code are:

(a) Provide for safe practices in port operations and to provide a safe operating environment within the harbour;

(b) Identify all risks and establish safeguards to ensure that all identified risks are managed so to be kept as low as reasonably practicable; and

(c) Continuously improve safety management skills of all personnel, including preparation for emergencies related to both safety and environmental protection.

5. Discussion

5.1 Maritime New Zealand conducted its first formal review or audit of the Nelson SMS recently that incorporated a desktop review and a site visit on 26 June 2015. Maritime New Zealand advised the Council in August 2015 that the Nelson SMS met the requirements of the Code.

5.2 Given the SMS has been audited by Maritime NZ as meeting the Code it is appropriate it is confirmed by Council. By adopting the attached document the Council confirms it is satisfied the Nelson SMS adequately provides the framework for the management of risk, marine operations and navigation safety within its territorial waters.

5.3 The Nelson SMS is regularly reviewed by Port Nelson officers and will be part of Nelson City Council risk management processes.

5.4 Please note that Figure 2 in the attached document appears to include some waters in Tasman District Council’s jurisdiction. The Nelson Port and Harbour Marine Safety Code only covers activities within the Nelson City Council territorial waters.

6. Options

6.1 The Council has the option of receiving and adopting the report or seek further information.

7. Alignment with relevant Council policy

7.1 The current Long Term Plan identifies the Council is responsible for ensuring navigation safety. There are no cost implications associated with the adoption of the Nelson Port and Harbour Marine Safety Code as the framework identifies the existing situation.

7.2 The goals in the Nelson 2060 strategy would support a safe marine environment for all users.

8. Assessment of Significance against the Council’s Significance and Engagement Policy

8.1 This decision is not significant under the Council’s Significance and Engagement Policy.

9. Consultation

9.1 No consultation has been undertaken.

10. Inclusion of Māori in the decision making process

10.1 No consultation with Maori has been undertaken.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1418392 Nelson Port and Harbour Marine Safety Code

Nelson City Council Dog Control Activity Report for 2014-2015

(Pursuant to the Dog Control Act 1996, S.10A)

Section 10A(2) Ref	Requirement	Number 2014-2015	Number2013-2014
(a)	Number of registered dogs	5507	5362
(b)	Number of probationary owners Number of disqualified owners	1 3	1 1
(c)	Number of dogs classified as dangerous under s.31(1)(b)	12	17
(d)	Number of dogs classified as menacing under s.33A(1)(b)(i) Number of dogs classified as menacing under s.33(C)(1)	27 55	20 51
(e)	Number of infringement notices	290	251
(f)	Number of complaints and nature of complaints:
	Dog attack human	31	24
	Dog attack animal	68	69
	Dog aggression	106	86
	Barking	599	596
	Fouling	19	10
	Wandering	513	487
	Unregistered	32	38
	Welfare	21	28
	In restricted area	8	7
	Not on lead	7	7
	Not under control	44	41
	Impounded	395	464
	Total	1843	1855

(g)	Number of prosecutions	1	2

PO Box 645 Nelson 7040

P 03 546 0200

F 03 546 0239

17 September 2015

Mandy Bishop

03 545 8740

mandy.bishop@ncc.govt.nz

www.nelsoncitycouncil.co.nz

The Secretary

Alcohol Regulatory and Licensing Authority

Department of Justice – Tribunals Division

PO Box 5027

WELLINGTON

Dear Sir

NELSON DISTRICT LICENSING COMMITTEE ANNUAL REPORT – 2014/2015

In accordance with Section 199 of the Sale and Supply of Alcohol Act 2012 the Nelson District Licensing Committee (DLC) submits their Annual Report for 2014/2015 as follows:

1. Overview of DLC workload

DLC Structure and Personnel

The membership of the District Licensing Committee has remained the same in 2014/15 since their appointment in November 2013. Members include:

Commissioner and Chair E.O.K (Oke) Blaikie

Deputy Chair Councillor Ian Barker

Members Mayor Rachel Reese, Deputy Mayor Paul Matheson, Councillor Kate Fulton, Gail Collingwood and Derek Shaw.

DLC staff have also remained the same in 2014/15 and includes:

· Melanie Yeomans, Licensing Administrator

· Sarah Yarrow, Licensing Inspector

· Stephen Lawrence, Chief Licensing Inspector

· Mandy Bishop, Secretary of the DLC

Staff Training

The Chair of the DLC and the Licensing Inspector attended a seminar in March 2015 on “The Sale and Supply of Alcohol Act 2012 – One Year On” which was organised by Alcohol Healthwatch and the Health Promotion Agency. The Licensing Inspector also attended the annual NZILLI Conference in Wellington in September 2014.

DLC Meetings and Hearings

The DLC met eight times to consider seven applications for Temporary Authorities and one Temporary Licence application for alternative premises during a renovation. One hearing was scheduled to consider an off licence application for a Countdown Supermarket. As the applicant provided additional information on the layout of the single alcohol display area that satisfied the requirements of the Act, the hearing was not required. All other decisions have been unopposed and granted on the papers by the Commissioner.

Monitoring and Compliance

200 monitoring and compliance visits were made during the year with these being a combination of daytime inspections, after-hours compliance checks and Controlled Purchase Operations.

Four Controlled Purchase Operations were conducted during the year with a total of 88 visits to 49 premises. Six alcohol sales to minors occurred - five from on licensed premises and one from an off licensed grocery store premises.

A Controlled Purchase Operation focusing on food availability was carried out in conjunction with the Public Health Service. Of the 15 premises visited three had insufficient food available and were issued an infringement notice and four that were marginal were issued a warning. The remaining eight premises had sufficient food available that was being actively promoted.

Make Up of Licensed Premises

There are currently 39 off licensed premises, 103 on licensed premises and 20 club licensed premises in Nelson. Of these, three on licences and one club licence are not currently being operated.

In the last year four off licences and six on licences were granted for premises that have not previously held a licence. Two of the off licences were for private residences to licence remote website sales only. Nine premises changed hands with a new on licence being granted. Five off licences and seven on licences expired.

The graphs below provide information on the premises type and the number for on and off licences operating in Nelson.

2. DLC Initiatives

Public Notices Online

From 1 March 2015 the DLC moved to publishing the public notices for licensing applications online on the Nelson City Council website (www.nelson.govt.nz search phrase = alcohol licensing applications). Nelson residents were advised of the change through the Council’s monthly newsletter, which is delivered to all households. Public notices were also placed in the Nelson Mail to advise readers of the change. The service is provided free of charge to applicants and notices remain on the website for 15 working days. Tasman District Council also publishes public notices for licence applications online and this change has created consistency for applicants across the region.

Alcohol Licensing Enforcement Group

Nelson continues to be involved in the Alcohol Licensing Enforcement Group (ALEG) for the region with NZ Police, Nelson Marlborough Public Health Service and Tasman District Council meeting once a month. The group has developed a draft combined agency agreement which is expected to be adopted early in the 2015/16 year. The agreement covers each agency’s role and the approach to licensing activities in the region, including how information is shared, reporting on applications, monitoring and enforcement.

In December 2014 the group also initiated the “Nelson Tasman Alcohol Update” This publication is provided to all licensees in the region twice a year and includes topical information and updates on licensing matters for licensees, their managers and staff. The update provides a way of providing a consistent message for licensees regarding the expectations of the reporting agencies. The publication is available online at http://nelson.govt.nz/services/licencing-and-environmental-health/alcohol-licensing/host-responsibility/.

Nelson Tasman Regional Alcohol Accord

Nelson also continues to be involved in the already established (2006) Nelson Tasman Regional Alcohol Accord which meets regularly to look at new and innovative ways of dealing with alcohol problems in the community. It involves Police, District Licensing Committees (Nelson and Tasman), Councils, Health, ACC, Ambulance, Hospitality New Zealand and representatives from licensed premises.

Work in 2014/15 focused on reviewing progress on the last Accord action plan and building on previous research from 2012 which had focused on alcohol related harm in the Nelson central business district. The review was carried out by Janet Taylor and a report which summarises the finding of the research with recommendations for next steps has been completed. From this the Accord will develop its next action plan.

Relationship with New Zealand Fire Service

A new working relationship with the New Zealand Fire Service has been developed this year. All premises licence applications are now sent to the Fire Risk Management Officer who checks the evacuation details provided and ensures that premises are up to date and compliant with fire evacuation requirements. The Fire Service is also a party to the combined agency agreement being developed for the Nelson Tasman Region.

3. Local Alcohol Policy

Nelson City Council developed a draft Local Alcohol Policy (LAP) in 2013 that has been publicly consulted on. The Council commenced deliberations on the draft policy in 2014. Deliberations were adjourned pending the outcome of appeals to other LAPs and have not been reconvened to date.

4. Current Legislation

The following points are noted in relation to the new legislation:

a) The provision for automatic suspension of a licence if the annual licensing fee is not paid within 30 days of the issue date is an extremely effective tool for achieving prompt payment of annual licensing fees

b) As raised in our report last year - the need for a quorum of three DLC members when considering an unopposed Temporary Authority or Temporary Licence under Section 74 - the applicant requirements and granting criteria in these situations are significantly less than a substantive licence which, if unopposed the Commissioner can grant on the papers alone. We look forward to this situation being aligned so that unopposed applications can also be considered by the Commissioner alone.

5. Other Matters

Licence Fees

In September 2014 Nelson City Council resolved to use the provisions of the Sale and Supply of Alcohol Regulations (Fees) 2013 and reduce alcohol licensing fees by one category in “particular circumstances”. These are detailed in the table over the page. Licensing fees can also be considered for a fee category reduction on a case by case basis in any other particular circumstances by the Chief Executive or the General Manager, Strategy and Planning. The Council has not considered introducing a fees bylaw at this stage.

Fee Reductions for On and Off Licences

Particular Circumstances	Reason
· On licence holders that have 3.00am as the latest time allowed by their licence but never operate after 2.00am · Off licence holders that have 11.00pm as the latest time allowed by their licence but never operate after 10.00pm	Some licence holders were disadvantaged by the timing of the introduction of the Fees Regulations. This short term fee reduction will ensure a level playing field for licence holders while the three year licence period immediately following the introduction of the new fees is worked through
Where more than one licence is held by the same licence holder for the same premises	There are economies of time and cost when processing two licences for the same premises
Off Licence for brewery, cidery or distillery cellar door	Winery cellar doors are in a lower fee class than other cellar door types. This fee category reduction would ensure consistency for the same type of very low risk premises
Note: Fee reductions are only applied if there are no enforcement holdings.

Fee Reductions for Special Licences

Particular Circumstances	Example
Any fundraising event	School Gala, Quiz Night Fundraiser
Any of a series of regular social/ community (not commercial) events held at the same venue for the same purpose	Rotary, Bridge, film society
Community (not commercial) event that as a whole may attract over 400 people but alcohol is not the focus of the event	Arts Expo, Arts Festival
Event where alcohol is sold for consumption off the premises	Stall holders selling alcohol to take away (off licence) with a certified manager present at all times. In most cases the applicant already holds an off licence as well

Comments from the Chair

EOK Blaikie expresses continued appreciation for the excellent assistance provided by the DLC staff including Mandy Bishop (Secretary ), Sarah Yarrow (Inspector), Melanie Yeomans (Administrator) and Stephen Lawrence for his experience as Chief Licensing Inspector.

The Committee is now aware of the numerous reports and decisions of significance from ARLA and other committees. Having easy and unrestricted access to these decisions and the proposed compilation of relevant text books are worthwhile goals to pursue.

6. Statistical Information

Attached is the annual return and current listing of licensed premises.

Please contact myself or Licensing Inspector, Sarah Yarrow (phone 03 546 0260), if you have any enquiries regarding this report.

Yours faithfully

Mandy Bishop

Secretary

Nelson District Licensing Committee

Attachments

Attachment 1: Annual Return from 1 July 2014 to 30 June 2015

Attachment 2: Current Listing of Licensed Premises

Planning and Regulatory Committee

17 September 2015

REPORT R4673

Building and Other Regulatory Activity Management Plan 2015-2025

1. Purpose of Report

1.1 To adopt the Building and Other Regulatory Activity Management Plan (AMP) 2015-2025.

2. Delegations

2.1 The Planning and Regulatory Committee has the delegation to review and make recommendations on this Activity Management Plan.

3. Recommendation

THAT the report Building and Other Regulatory Activity Management Plan 2015-2025 (R4673) and its attachments (A1423077 and A1150957) be received.

Recommendation to Council

THAT the Building and Other Regulatory Activity Management Plan 2015-2025 (A1150957), amended to reflect the Long Term Plan 2015-2025, be adopted.

4. Background

4.1 Council resolution on 20 November 2014 as follows:

Draft Building and Other Regulatory Activity Management Plan

THAT the Draft Building and Other Regulatory Activity Management Plan be approved as the version that will inform the Long Term Plan 2015-2025.

4.2 The Regulatory function is heavily governed by legislation and central Government and as such its parameters are closely controlled. As a result the plan has outlined the levels of service, trends and future considerations.

5. Discussion

5.1 The Building and Other regulatory Activity Management Plan 2015 – 2025 sets out the Councils strategic direction for the Building and Other Regulatory activity for the next 10 Years. The draft plan was approved by Council on the 20 November 2014, this has been reviewed and amended to reflect the approved Long Term Plan.

5.2 The key amendments in the Plan are around acknowledging the current situation which has evolved since the draft and other developments which will affect the regulatory space.

6. Alignment with relevant Council policy

6.1 The Building and Other Regulatory Activity Management Plan 2015-2025 supports Council’s purpose under section 10 (1(b)) of the Local Government Act 2002.

6.2 Nelson 2060 has been taken into account in the preparation of the Activity Management Plan

7. Assessment of Significance against the Council’s Significance and Engagement Policy

7.1 The decision required is not a significant decision in terms of Council’s Significance and Engagement Policy.

8. Consultation

8.1 Decisions arising from the draft Building and Other Regulatory Activity Management Plan which were considered to be significant were consulted through the Long Term Plan 2015-2025

9. Inclusion of Māori in the decision making process

9.1 Consultation with Māori and Iwi was via the Long Term Plan process.

10. Conclusion

10.1 The draft Building and Other Regulatory Activity Management Plan 2015 - 2025 has been reviewed and amended to reflect all decisions made by the Council as reflected in the adopted Long Term Plan 2015 -2025

10.2 This revised activity management plan requires formal adoption.

Martin Brown

Manager Building

Attachments

Attachment 1: A1423077 - List of changes to Building Regulatory and Other Regulatory Activity Management Plan

Attachment 2: A1150957 - Building and Other Regulatory Activity Management Plan

Planning and Regulatory Committee

17 September 2015

REPORT R4693

Environment Activity Management Plan 2015-2025

1. Purpose of Report

1.1 To adopt the Environment Activity Management Plan 2015-2025.

2. Delegations

2.1 The Planning and Regulatory Committee has delegated responsibility to review and make recommendations on Activity Management Plans falling within its areas of responsibility which includes Environmental Activity.

3. Recommendation

THAT the report Environment Activity Management Plan 2015-2025 (R4693) and its attachments (A1423448 and A1243203) be received.

Recommendation to Council

THAT the Environment Activity Management Plan 2015-2025 (A1243203), amended to reflect the Long Term Plan 2015-25, be adopted.

4. Background

4.1 Council resolved on 20 November 2014 as follows:

THAT the Draft Environment Activity Management Plan 2015-2025 (A1243203) be approved, subject to increasing the heritage incentives amount to $270,000, as the version that will inform the Long Term Plan 2015-25

5. Discussion

5.1 The Environment Activity Management Plan 2015-2025 sets out the Council’s strategic direction for Environment Activity for the next ten years. The draft plan adopted by Council on 20 November 2014 has been amended to reflect the Long Term Plan 2015-25.

5.2 The key amendments in the Plan are to the Community Outcomes, Levels of Service, and Financial Projections.

6. Alignment with relevant Council policy

6.1 The Environment Activity Management Plan 2015-25 supports Council’s purpose under section 10 (1(b)) of the Local Government Act 2002.

6.2 Nelson 2060 has been taken into account in the preparation of this plan.

7. Assessment of Significance against the Council’s Significance and Engagement Policy

7.1 This is not a significant decision in terms of the Council’s Significance and Engagement Policy.

8. Consultation

8.1 Decisions arising from the draft Environment Activity Management Plan which were considered to be significant were consulted through the Long Term Plan 2015-25.

9. Inclusion of Māori in the decision making process

9.1 Consultation with Māori and iwi was via the Long Term Plan process.

10. Conclusion

10.1 The draft Environment Activity Management Plan 2015-25 has been reviewed and amended to reflect all decisions made by the Council as reflected in the adopted Long Term Plan 2015-25.

10.2 This revised activity management plan requires formal adoption.

Dean Evans

Manager Environmental Programmes

Attachments

Attachment 1: A1423448 - List of changes to Environment Activity Management Plan 2015-2025

Attachment 2: A1243203 Draft Environmental Activity Management Plan 2015-2025