Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

26 November 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

4.1 Doug Craig and Alec Wood, Nelson Heritage Advisory Group - Heritage Building Consents Processes

Doug and Alec, of the Nelson Heritage Advisory Group, will speak about the heritage building consents processes.

5. Confirmation of Minutes

5.1 29 October 2015 6 - 12

Document number M1558

Recommendation

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 29 October 2015, be confirmed as a true and correct record.

6. Status Report - Planning and Regulatory Committee - 26 November 2015 13 - 14

Document number R5172

Recommendation

THAT the Status Report Planning and Regulatory Committee 26 November 2015 (R5172) and its attachment (A1155974) be received.

7. Chairperson's Report 15 - 17

Document number R5160

Recommendation

THAT the Chairperson's Report (R5160) be received and the contents noted.

Regulatory

8. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules 18 - 28

Document number R4955

Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R4955) and its attachments (A1436481, A1457525, A1457607, A1452418, A1455324 A1455325, and A1457552) be received;

AND THAT the alterations detailed in report R4955 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

Schedule 4: Special Parking Areas;

Schedule 9: No Stopping.

Policy and Planning

9. National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme 29 - 35

Document number R5135

Recommendation

THAT the report National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme (R5135) and its attachments (A1457666 and A1457797) be received;

AND THAT the progressive implementation programme (A1457797) for giving effect to the National Policy Statement for Freshwater Management be adopted;

AND THAT the implementation programme (A1457797) be publicly notified by 31 December 2015.

Public Excluded Business

10. Exclusion of the Public

Recommendation

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:

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 - Public Excluded Minutes - 29 October 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)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

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 - Public Excluded Minutes - 29 October 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)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

11. Re-admittance of the public

Recommendation

THAT the public be re-admitted to the meeting.

Minutes of a meeting of the Planning and Regulatory Committee

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

On Thursday 29 October 2015, commencing at 9.00am

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

In Attendance: Councillors P Matheson and T Skinner, Group Manager Strategy and Environment (C Barton), Manager Administration (P Langley), and Administration Adviser (G Brown)

Apology: Councillor R Copeland

1. Apology

Resolved PR/2015/051

THAT an apology be received and accepted from Councillor Copeland.

Davy/Barker Carried

2. Confirmation of Order of Business

The Chairperson advised there would be two public forum speakers.

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 Peter Olorenshaw spoke about air quality and cold homes.

Mr Olorenshaw spoke to a tabled document (A1452216).

Attendance: Councillor Lawrey joined the meeting at 9.03am.

In response to questions, Mr Olorenshaw said the increase in respiratory illnesses could be from cold homes due to high electricity costs.

In response to a question, Mr Olorenshaw said he sought an increase in more efficient woodburners. He stated that it was clear damp houses contributed to respiratory illnesses.

Attachments

1 A1452216 - Tabled Document - Peter Olorenshaw Woodburners in Nelson

Attendance: Her Worship the Mayor joined the meeting at 9.13am.

4.2 Chamian Koed spoke about warmer homes.

Ms Koed spoke to a tabled document (A1452532).

In response to a question, Ms Koed said insulation played an important part in warmer homes.

She added that wood was not a cheap option to warm homes.

Attachments

1 A1452532 - Tabled Document - Charmian Koed Warmer Homes

5. Confirmation of Minutes

5.1 17 September 2015

Document number M1476, agenda pages 7 - 14 refer.

Resolved PR/2015/052

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 17 September 2015, be confirmed as a true and correct record.

McGurk/Ward Carried

6. Status Report - Planning and Regulatory Committee - 29 October 2015

Document number R5048, agenda pages 15 - 16 refer.

Resolved PR/2015/053

THAT the Status Report Planning and Regulatory Committee 29 October 2015 (R5048) and its attachment (A1155974) be received.

McGurk/Paine Carried

7. Chairperson's Report

Document number R5050, agenda pages 17 - 19 refer.

It was highlighted that the Nelson Tasman Land Development Manual Steering Group was working well and there was a willingness to cooperate between the parties.

Resolved PR/2015/054

THAT the Chairperson's Report (R5050) be received and the contents noted.

McGurk/Ward Carried

Policy and Planning

8. Draft Whakamahere Whakatu Nelson Plan - Woodburners and Air Quality

Document number R4973, agenda pages 20 - 24 refer.

Manager Planning, Matt Heale, presented the report.

In response to a question, Mr Heale advised the Air Quality Plan Change would cost approximately $100,000 in the current financial year, however this would flatten out over time with the Nelson Plan review.

In response to a question, Mr Heale advised that air quality modelling data was currently being finalised.

Councillor Fulton, seconded by Councillor McGurk moved the recommendation in the Officer’s report.

With the agreement of the mover and seconder, the second clause of the recommendation to Council was amended so the independent hearing panel would be decided by Her Worship the Mayor, the Chair and Deputy Chair of the Planning and Regulatory Committee.

Attendance: The meeting adjourned from 9.40am until 9.44am.

There was agreement that it was important to have an independent panel to ensure there was no predetermination in relation to woodburners.

It was highlighted that expectations needed to remain modest as the National Environmental Standards needed to be adhered to.

Resolved PR/2015/055

THAT the report Draft Whakamahere Whakatu Nelson Plan - Woodburners and Air Quality (R4973) be received;

AND THAT the Planning and Regulatory Committee refers the Woodburner Plan Change provisions and notification decision to Council for consideration in December 2015.

Fulton/McGurk Carried

Recommendation to Council PR/2015/056

THAT a Plan change to alter the woodburner provisions of the Nelson Air Quality Plan is notified in January 2016;

AND THAT in respect of the plan change for the Air Quality Plan an independent hearing panel be decided by Her Worship the Mayor, the Chair and Deputy Chair of the Planning and Regulatory Committee and be given delegations to hear and make decisions on the Woodburner Plan Change.

Fulton/McGurk Carried

9. Parking and vehicle Control Bylaw (2011), No 207 Amendments to Schedules

Document number R4793, agenda pages 25 - 35 refer.

Team Leader Roading and Solid Waste, Marg Parfitt, presented the report.

Ms Parfitt advised the Committee there was an error in 4.1 of the report which read ‘The bylaw requires updating since the last update in 2012’ it should read ‘last update in June 2015’.

Attendance: Councillor Barker left the meeting from 10.03am until 10.04am.

Resolved PR/2015/057

THAT the report Parking and vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R4793) and its attachments (A1422439, A1422090, A1422460, A1422470. A1422471, A1422472, A1422474) be received;

AND THAT the following alterations (as detailed in report R4793) to the Schedules of Bylaw No 207, Parking and Vehicle Control (2011) be approved:

Schedule 4: Special Parking Areas;

Schedule 9: No Stopping;

Schedule 14: Give Way Signs.

Davy/Ward Carried

10. Adding Further Building Consent Exemptions for Work which does not require a Building Consent

Document number R4379, agenda pages 36 - 41 refer.

Manager Building, Martin Brown, presented the report.

Resolved PR/2015/058

THAT the report Adding Further Building Consent Exemptions for Work which does not require a Building Consent (R4379) be received;

AND THAT the Planning and Regulatory Committee approve the further exemptions detailed under point 6.1 (in report R4379) in full.

McGurk/Paine Carried

11. Strategy and Environment Report for 1 July to 30 September 2015

Document number R4816, agenda pages 42 - 67 refer.

Manager Planning, Matt Heale, Manager Building, Martin Brown, Manager Consents and Compliance, Mandy Bishop and Manager Environmental Programmes, Dean Evans, presented the report.

In response to a question, Mr Brown advised that Council sought feedback from individuals in relation to their experience with the building consent process.

In response to a question, Group Manager Strategy and Environment, Clare Barton explained that there would be a consultation process in relation to the Nelson Plan outcomes in November. The Nelson Plan notification would be pushed out to early 2017.

Mr Heale also indicated that the Flooding and Coastal Hazards workshop would need to be moved to early 2016 due to the difficulty finding dates in December 2016.

Resolved PR/2015/059

THAT the report Strategy and Environment Report for 1 July to 30 September 2015 (R4816) and its attachments (A1422892, A1438034, A1420863, A1439736 and A1378644) be received.

McGurk/Davy Carried

12. Exclusion of the Public

Resolved PR/2015/060

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

Davy/Fulton 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	Amendment to the Agreement Regarding the Appointment of Harbourmaster for the Nelson Region and Related Matters	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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Amendment to the Agreement Regarding the Appointment of Harbourmaster for the Nelson Region and Related Matters

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)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into public excluded session at 10.22am and resumed in public session at 10.27am.

13. Re-admittance of the Public

Resolved PR/2015/061

THAT the public be re-admitted to the meeting.

McGurk/Ward Carried

There being no further business the meeting ended at 10.27am.

Confirmed as a correct record of proceedings:

Chairperson Date

Planning and Regulatory Committee

26 November 2015

REPORT R5160

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 (R5160) be received and the contents noted.

3. Discussion

Building (Pools) Amendment Bill

3.1 The Building (Pools) Amendment Bill was out for public consultation The Building Unit submitted a draft response on 5 November 2015. The proposed Bill will, if enacted, repeal the current Fencing of Swimming Pools Act 1987 and put the requirement for compliant fencing to be maintained for pools into the Building Act 2004.

3.2 It is advised that the current three yearly inspection regime to monitor pool fence compliance will extend to five yearly under the Building Act 2004 and persons without compliant fencing can be issued a Notice to Fix requiring the pool to be emptied until fencing is made compliant.

3.3 Key observations made have been around the ability to recover costs under the Building Act for these monitoring inspections, as it is not clear currently. Also, amendments to Schedule 1 (Exemptions) provide that means of restricting access to residential spa pools, hot tubs and portable pools will not require a building consent.

Shop Trading Hours Bill

3.4 Parliament passed the Shop Trading Hours Bill late on 3 November 2015.

3.5 The Chairperson of the Commerce Committee is calling for submissions on the Shop Trading Hours Amendment Bill. This Bill proposes to amend the Shop Trading Hours Act Repeal Act 1990 to grant territorial authorities a limited power to create bylaws that allow shop trading on Easter Sunday, and enable shop workers to refuse to work on Easter Sunday. The closing date for submissions is 21 January 2016.

3.6 The Bill comes into force the day after Royal Assent, likely to be early in 2016. Many larger provincial cities and tourist centres like Nelson will probably be asked to pass a bylaw shortly afterwards.

Post Implementation Review of the Sale and Supply of Alcohol Act 2012

3.7 The 2015 Rugby World Cup has highlighted areas of possible change for the Sale and Supply of Alcohol Act 2012, in particular, the special licensing regime.

3.8 LGNZ is seeking specific comments on the special licensing process; District Licensing Committees and Local Alcohol Policies and implementation issues around any other aspects of the Act now that it has been in force for over a year.

3.9 Nelson City Council has provided comment on four specific issues:

• Unopposed Temporary Authority and Temporary Licence applications could be considered by the Chairperson alone, instead of a quorum of three DLC members.

• That a change in company ownership should be treated the same as a new licence application. This arises from the Victory Liquor Centre situation.

• A new infringement offence is introduced for selling alcohol to a minor for anyone who is not the holder of a manager’s certificate or licence holder.

• The criteria for objecting to an application where a licence is already existing is treated the same as a new application. This also arises from the Victory Liquor Centre situation where a tavern with an off licence became an off licence bottle store. The 2015 Rugby World Cup has highlighted areas of possible change for the Sale and Supply of Alcohol Act 2012 and, in particular, the special licensing regime.

Nelson-Tasman Land Development Manual (NTLDN) Steering Group

3.11 There is continuing progress on the review and alignment of the Land Development Manual with Tasman District Council. The Steering Group has met on two occasions to provide guidance and seek industry and stakeholder feedback on a range of issues. A stakeholder workshop is now planned for February 2016, where feedback will be sought on a first draft. Following that subsequent drafts will be formally consulted on as part of the Nelson Plan, and by Tasman District Council in a separate plan change in early 2017.

4. Conclusion

4.1 That the updates in this report are noted.

Brian McGurk

Chairperson

Attachments

Nil

Planning and Regulatory Committee

26 November 2015

REPORT R4955

Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules

1. Purpose of Report

1.1 To adopt the alterations to the Parking and Vehicle Control Bylaw (2011), No. 207, resulting from minor safety improvements, roading improvements carried out as part of the 2014/15 capital works programme and from the completion of new subdivisions.

2. Delegations

2.1 Any decision to accept amendments to the Parking and Vehicle Control Bylaw and the Parking Policy falls within the delegated authority of the Planning and Regulatory Committee.

3. Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R4955) and its attachments (A1436481, A1457525, A1457607, A1452418, A1455324, A1455325, and A1457552) be received;

AND THAT the alterations detailed in report R4955 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

Schedule 4: Special Parking Areas;

Schedule 9: No Stopping.

4. Background

The Parking and Traffic Control Bylaw 2011 allows for the Committee, by resolution, to add or delete items to the Schedules. To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. The bylaw requires updating since the last update in October 2015.

5. Discussion

5.1 Schedule 4 Special Parking Areas

5.1.1 St Vincent Street – Victory Square

Following a request from local retailers for time limited parking to be installed officers investigated the parking patterns around the Victory Square shopping centre. The car park outside the shop frontage of number 172 is currently all day parking and this is inconsistent with other shop frontages in the area. The premise is a café and officers consider a P30 time restriction to be more appropriate. (Attachment 1)

5.1.2 Bus Stop – Putaitai Street Stoke

New bus sevices in Stoke are commencing in December. The route is a “hail and ride” service but there is a requirement for a formal stop in central Stoke. The proposed location is in Putaitai Street which provides patrons with close proximity to connecting services, and shelter from the weather when waiting for a bus service. The location is shown in attachment 2.

5.1.3 Bus stops – Saxton Road

The new bus sevices in Stoke commencing in December travel to Saxton Field. The route is a “hail and ride” service but there is a requirement for a formal stop in around Saxton Field, due to a high demand for parking in the area on sports days or when there is an event at the stadium. A formal stop will ensure the bus can safely pick up and drop off passengers. Two locations are shown in attachment 3 to enable easy transfer to the Richmond service and proximity to the stadium and other sports grounds.

5.2 Schedule 9 No Stopping

5.2.1 St Vincent Street

Business owners at 2 Parere Street and 103 St Vincent Street have approached officers expressing concern about poor sight lines when their customers exit the premises off road car parks. After subsequent investigation it is proposed to extend yellow No Stopping lines and remove 1 car park space at the southern end to improve visibility for exiting vehicles as shown in attachment 4.

5.2.2 Songer Street

Resource consent for the business situated on the corner of Songer Street and Neale Avenue required No Stopping lines to be installed at the car park exit onto Songer Street. This provides good sight lines for safety and necessitates the removal of on-street car parks, as shown in attachment 6.

5.2.3 Motueka Street

As part of the re-marking of Motueka Street following resealing, and to improve safety for turning traffic, a right hand turn bay will be installed. Additional No Stopping is required to facilitate this on Motueka Street as shown in attachment 6.

5.2.4 Ulster Street

A new shared pathway alongside Waimea Road has a crossing point at Ulster Street. Cyclists and walkers give way to vehicles at this location and installation of No Stopping is required to provide good sight lines for safety. Plans are shown in attachment 7.

6. Options

6.1 There are limited alternative options for the items presented in this report as the majority are simply procedural updates to the bylaw.

7. Alignment with relevant Council policy

7.1 This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy.

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

8.1 The recommendations outlined in this report are not considered significant in terms of the Council’s Significance and Engagement Policy.

9. Consultation

9.1 Directly affected residents and businesses, where required, have been consulted on the proposed.

10. Inclusion of Māori in the decision making process

10.1 Māori have not been specifically consulted.

11. Conclusion

11.1 Minor alterations and additions have been made to Schedules 4 and 9 of the bylaw to allow for parking and safety improvements.

Margaret Parfitt

Team Leader Roading and Solid Waste

Attachments

Attachment 1: A1436481 - Proposed time limit parking change at Victory Square

Attachment 2: A1457525 - Proposed bus stop - Putaitai Street

Attachment 3: A1457607 - Proposed bus stops - Saxton Road

Attachment 4: A1452418 - Proposed no stopping - St Vincent Street

Attachment 5: A1455324 - Proposed no stopping - Songer Street

Attachment 6: A1455325 - Proposed no stopping - Motueka Street

Attachment 7: A1457552 - Proposed no stopping - Ulster Street

Planning and Regulatory Committee

26 November 2015

REPORT R5135

National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme

1. Purpose of Report

1.1 To adopt the recommended progressive implementation programme for freshwater management in Nelson; as required by the National Policy Statement for Freshwater Management (NPS-FM).

2. Delegations

2.1 The Planning and Regulatory Committee have the area of responsibility for environmental matters and the power to perform all functions, powers and duties relating to the areas of responsibility conferred on Council by relevant legislation.

3. Recommendation

THAT the report National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme (R5135) and its attachments (A1457666 and A1457797) be received;

AND THAT the progressive implementation programme (A1457797) for giving effect to the National Policy Statement for Freshwater Management be adopted;

AND THAT the implementation programme (A1457797) be publicly notified by 31 December 2015.

4. Background

4.1 The National Policy Statement for Freshwater Management supports improved freshwater management in New Zealand. On 3 July 2014, the Minister for the Environment and Minister for Primary Industries jointly released changes to the existing NPS-FM (2011). The amended NPS-FM became operative on 1 August 2014.

4.2 The revised NPS-FM (2014) Policy E1 (Attachment 1) requires all regional councils to either fully implement the policy by December 2015, or to implement it in stages so that it is fully implemented by 31 December 2025. A programme outlining the Council’s process for implementing the National Policy Statement needs to be adopted by the Council by 31 December 2015 and publicly notified. Progress on that programme must be publicly reported annually to the Ministry.

4.3 Council adopted a freshwater progressive implementation programme in 2012 as required by the NPS-FM (2011). This programme is now outdated and will be replaced with Freshwater Management Unit (FMU) implementation work alongside the Nelson Plan timeline.

5. Discussion

National Policy Statement for Freshwater Management

5.1 The National Policy Statement is made up of eight sections:

5.1.1 Water quality;

5.1.2 Water quantity;

5.1.3 Integrated management;

5.1.4 National objectives framework;

5.1.5 Monitoring plans;

5.1.6 Accounting for freshwater takes and contaminants;

5.1.7 Tangata whenua roles and interests; and

5.1.8 Progressive implementation programme.

5.2 The progressive implementation programme (Section E) requires regional councils to either implement all the objectives and policies in the NPS-FM by 31 December 2015 or to adopt a progressive implementation programme for more gradual implementation of the NPS-FM(2014) by 2025.

5.3 Implementation means that the national objectives framework is in place and that the quality and quantity limits are set for all water bodies by 2025, and the direction for making improvements is in place. It does not mean that all quantity and quality targets are required to be met by 2025.

NPS-FM Implementation

5.4 The Council has a range of plans and actions underway which are working towards the implementation of NPS-FM within Nelson. These include:

5.4.1 Identification of 5 freshwater management units (FMUs) - Maitai, Stoke, Wakapuaka, Whangamoa and Roding.

5.4.2 Establishment of three freshwater management unit collaborative stakeholder advisory groups (Maitai, Stoke and North Nelson). The stakeholders comprise a range of interests including local community residents, Department of Conservation, non government organisations (e.g. Forest and Bird), forestry companies, Federated Farmers, iwi, and freshwater interest groups (e.g. Friends of Maitai etc).

5.4.3 Identification of freshwater values and objectives for each of the waterbodies within the FMUs.

5.4.4 Currently identifying attributes for each of the identified FMU freshwater values.

5.4.5 Review of surface and ground water allocation and minimum flows, including permitted water takes.

5.4.6 Review of State of the Environment (SOE) monitoring data and identification of water quality issues and potential causes within each of the FMUs.

5.4.7 Increased monitoring effort with the frequency of SOE water quality monitoring increased from quarterly to monthly since the beginning of 2015.

5.4.8 Review of Council data capture and accounting systems (in order to fulfil the Government accounting requirements to regularly release information to the public).

5.4.9 Non regulatory programmes targeted to help improve water quality within Nelson’s freshwater ways include the Maitai/Mahitahi River Restoration Project and Nelson Nature.

5.5 The NPS-FM(2014) will be implemented through the inclusion of the values, objectives, attributes and limits within the freshwater chapter of the Whakamahere Whakatu Nelson Plan. Wider public consultation on the Plan will take place over 2016.

5.6 The proposed NPS-FM progressive implementation programme aligns with the current timeline of the Whakamahere Whakatu Nelson Plan and is attached in Attachment 2.

5.7 Recent plan change to NRMP Freshwater chapter to include policies on water quality and quantity as required by the NPS-FM (subject to s55 without using the process in Schedule 1).

6. Options

6.1 As a result of the considerable work required to implement the NPS-FM, including stakeholder FMU engagement, it is impracticable to fully implement all NPS-FM policies by 31 December 2015. It is therefore recommended that Council has no option but to adopt and publicly notify a progressive implementation programme as required by the NPS-FM.

7. Alignment with relevant Council policy

7.1 The adoption of the NPS-FM progressive implementation programme aligns with the timeline and development of the Nelson Plan. Adoption by 31 December 2015 ensures that Council will meet its commitments as required by the NPS-FM.

7.2 The natural environment is a Council priority as set out in the Long Term Plan. Community Outcome 1 - Healthy Land, Sea, Air and Water underpins this priority where Council promotes Nelson as a city that takes seriously its guardianship of the environment. Protecting and improving Nelson’s waterways is seen as key to achieving this outcome and ensuring that future generations can also enjoy Nelson’s natural environment. Ensuring that Nelson’s waterways are safe for swimming and fishing and being able to take kai is a high priority.

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

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

9. Consultation

9.1 The implementation programme and timeline for the development of the freshwater section of the Nelson Plan has been discussed with the three stakeholder freshwater management unit working groups (Maitai, Stoke and North Nelson).

9.2 The updated freshwater implementation programme aligns with the Nelson Plan development timeframe and will be publicly notified and available for public viewing on the Council’s website.

10. Inclusion of Māori in the decision making process

10.1 Officers have met on several occasions with the Nelson Plan Iwi Working Group (IWG) to discuss the freshwater programme and implementation of the NPS-FM. Members of the IWG are also on several of the freshwater management unit working groups (Maitai, Stoke, and North Nelson).

11. Conclusion

11.1 This report outlines the proposed progressive implementation programme for the NPS-FM (2014). As required by the NPS-FM, it is recommended that the programme is formally adopted and publicly notified by 31 December 2015.

Sharon Flood

Senior Planning Adviser

Attachments

Attachment 1: A1457666 - National Policy Statement for Freshwater Management - Policy E1 Progressive Implementation Programme

Attachment 2: A1457797 - Proposed NPS-FM Progressive Implementation Programme

NPS-FM Progressive Implementation Programme

Phase	Summary of Actions	Due Date
Collaborative policy development	The freshwater management unit advisory groups and the Iwi Working Group continue to meet regularly to: · confirm the values and objectives for each FMU · determine freshwater attributes. · input to the limit setting process for each of the attributes. · provide feedback on draft objectives, policies and methods The Whakamahere Whakatu Nelson Plan freshwater policy provisions are developed with the involvement of Council, iwi, FMU advisory groups and independent experts and scientists.	2016/17
Regional Policy Statement provisions	A draft of the regional policy statement provisions for inclusion in the Whakamahere Whakatu Nelson Plan is publicly released for comment	mid 2016
Public consultation	Council seeks feedback from the public on the draft Whakamahere Whakatu Nelson Plan freshwater provisions as part of draft Nelson Plan consultation.	2016
Whakamahere Whakatu – Nelson Plan	Development of plan provisions for the freshwater chapter. The plan will include: freshwater values, attributes, limits and targets; adopt an integrated approach and recognise cumulative effects; manage takes and discharges; manage allocation and avoid over-allocation; manage land use and co-ordinate growth and infrastructure; Public notification of Whakamahere Whakatu Nelson Plan including freshwater chapter.	2016/2017 2017
Decisions on Plan review	Council hears and considers submissions and makes decisions as part of the Nelson Plan.	2018