Minutes of a meeting of the Nelson City Council

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

On Thursday 27 October 2016, commencing at 4.02pm

 

Present:               Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker

In Attendance:     Council Kaumātua (A Joseph), Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Kaihāutu/General Manager Maori (T Olsen), Manager Administration (P Langley), and Administration Adviser (E-J Ruthven)

 

 

Opening Prayer

Kaumātua Uncle Andy Joseph gave the opening prayer.

1.       Apologies

There were no apologies.

2.       Confirmation of Order of Business

The Chief Executive, Clare Hadley, explained the order of business for the meeting.

 

3.       Interests

There were no updates to the Interests Register.  Councillors were asked to declare any interests with items on the agenda as they arose over the course of the meeting.

4.       Statutory Declarations

Document number R6677, agenda pages 10 - 11 refer.

The Chief Executive took Her Worship the Mayor’s statutory declaration.

Her Worship the Mayor then took declarations from each of the councillors in turn.

Her Worship the Mayor gave her inaugural speech, during which she noted her aspirations for, and key projects Council would progress through, the triennium.  She thanked the public and invited guests for their attendance.

5.       Refreshments  

            The meeting adjourned from 4.36pm to 5.10pm for a refreshments break.

6.       Mayor's Report

Document number R5385, agenda pages 12 - 17 refer.

Her Worship the Mayor presented the report, and answered questions relating to the proposed structure and membership of committees and subcommittees.  She confirmed that she was not exercising her powers under section 41A of the Local Government Act 2002 to establish committees or appoint committee chairs.

In response to a question, she proposed that a review of the structure of the Governance Committee and its two subcommittees should take place in 2017.

Resolved CL/2016/283

That the Council

Receives the Mayor's Report (R5385);

Appoints Paul Matheson as Deputy Mayor;

Establishes five Committees as follows:

Committee

Chair

Deputy Chair

Membership

Governance

Ian Barker

Bill Dahlberg

Gaile Noonan

Tim Skinner

Paul Matheson

Mike Rutledge

Mel Courtney

Mayor Reese

External Appointees x2

Planning and Regulatory

Mayor Reese and Brian McGurk

n/a

Bill Dahlberg

Kate Fulton

Stuart Walker

Ian Barker

Luke Acland

External Appointee x1

Community Services

Gaile Noonan

Mel Courtney

Kate Fulton

Matt Lawrey

Brian McGurk

Mike Rutledge

Paul Matheson

Mayor Reese

Sports and Recreation

Tim Skinner

Mike Rutledge

 

Kate Fulton

Ian Barker

Mel Courtney

Stuart Walker

Brian McGurk

Mayor Reese

Works and Infrastructure

Paul Matheson

 

Stuart Walker

Luke Acland

Matt Lawrey

Bill Dahlberg

Gaile Noonan

Tim Skinner

Mayor Reese

Establishes two Subcommittees to the Governance Committee as follows:

Subcommittee

Chair

Deputy Chair

Membership

Audit, Risk and Finance

External Appointee

None appointed

External Appointees x2

Bill Dahlberg

Ian Barker

Mayor Reese

Commercial

External Appointee

None appointed

External Appointees x2

Luke Acland

Mel Courtney

Mayor Reese

 

 

 

 

 

 


Appoints
the following elected members to other Committees:

Committee

Chair

Deputy Chair

Membership

Chief Executive Employment

Mayor Reese

None appointed

Paul Matheson

Bill Dahlberg

Luke Acland

Civil Defence Emergency Management Group

Alternates between Mayors of each district

None appointed

Mayor Reese

Paul Matheson

 

Joint Shareholders 

Alternates between Mayors of each district

None appointed

Mayor Reese

Paul Matheson

Ian Barker

Tim Skinner

Gaile Noonan

Mel Courtney

Joint Committee

Alternates between Mayors of each district

None appointed

All councillors

Regional Transport

Appointed by Committee

Appointed by Committee

Mayor Reese

Paul Matheson

Mike Rutledge

Gaile Noonan

Nelson Regional Sewerage Business Unit

Appointed by Committee

Appointed by Committee

Stuart Walker

Tim Skinner

 

District Licensing

External appointment (Oke Blaikie)

Ian Barker

Paul Matheson

Kate Fulton

Mayor Reese

Regional Pest Management (Joint)

Appointed by Committee

Appointed by Committee

Brian McGurk

Kate Fulton

Matt Lawrey

Resource Management Act Procedures

Appointed by Committee

Appointed by Committee

Mayor Reese

Paul Matheson

Brian McGurk

 

Hearings Panel – Resource Management Act

n/a – Panel constituted as required

n/a – Panel constituted as required

Elected members with commissioner accreditation

Hearings Panel - Other

n/a – Panel constituted as required

n/a – Panel constituted as required

All councillors

Appoints the following elected members to other Groups:

 

Group

Chair

Deputy Chair

Membership

Youth Council

n/a – appointed by Youth Council

n/a

All councillors on rotation

Stoke Redevelopment Working Party

Paul Matheson

Ian Barker

Matt Lawrey

Kate Fulton

Stuart Walker

Biodiversity Forum

Brian McGurk

n/a

Kate Fulton

Stuart Walker

 

Sister Cities

Sister Cities Co-ordinator

None appointed

Bill Dahlberg

Mayor Reese

Land Development Manual Steering Group

n/a

n/a

Brian McGurk

Matt Lawrey

Developer Advisory Group

Mayor Reese

None Appointed

Matt Lawrey

Gaile Noonan

 

Matheson/Skinner                                                                     Carried

Councillor Fulton requested that her abstention from this vote be recorded in the minutes.

7.       Statutory Responsibilities of Members

Document number R6695, agenda pages 18 - 25 refer.

Manager Administration, Penny Langley, presented the report.

Resolved  CL/2016/284

That the Council

Receives the report Statutory Responsibilities of Members (R6695).

Noonan/Dahlberg                                                                      Carried

8.       Standing Orders 2016

Document number R6666, agenda pages 26 - 92 refer.

Manager Administration, Penny Langley, presented the report.

Resolved CL/2016/285

That the Council

Receives the report Standing Orders 2016 (R6666) and its attachment (A691137);

Adopts standing orders for the 2016-19 triennium as set out in Attachment 1 (A691137);

Confirms that officers, in conjunction with the Mayor, should undertake a review of the Local Government New Zealand template standing orders and their appropriateness for Nelson City Council, and report back to Council in due course.

Barker/McGurk                                                                         Carried

9.       Reappointment of External Appointees to Committees

Document number R6683, agenda pages 93 - 110 refer.

Manager Administration, Penny Langley, presented the report.  She answered questions relating to the purpose of external appointees to committees, and the timing of the proposed re-appointment of external appointees.

In response to further questions, she explained that a review of the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees was underway, and would be presented to a future Council meeting.

Councillors discussed the proposed re-appointments of external appointees, and a variety of views were noted.

Resolved CL/2016/286

That the Council

Receives the report Reappointment of External Appointees to Committees (R6683) and its attachments (A1181155, A1137492, and A1137622);

Approves (subject to his acceptance of the role) the reappointment of John Murray to the Governance Committee, and to the role of Chair of the Commercial Subcommittee;

Approves (subject to his acceptance of the role) the reappointment of John Peters to the Governance Committee, and to the role of Chair of the Audit, Risk and Finance Subcommittee;

Approves (subject to her acceptance of the role) the reappointment of Glenice Paine to the Planning and Regulatory Committee;

Confirms these roles take effect from the first round of committee meetings of Council.

Fulton/Rutledge                                                                       Carried

 

Councillor Courtney requested that his vote against this motion be recorded in the minutes.

10.     Adoption of Annual Report for the year ending 30 June 2016

Document number R6684, agenda pages 111 - 186 refer.

Senior Accountant, Tracey Hughes, and Senior Strategic Adviser, Nicky McDonald, presented the report.  They tabled replacement pages 28 and 107-108 to the Annual Report (A1654862), and explained the differences in the tabled documents.

Resolved CL/2016/287

That the Council

Receives the report Adoption of Annual Report for the year ending 30 June 2016 (R6684) and its attachments (A1535412 and A1649664);

Adopts the Annual Report for the year ended 30 June 2016 in accordance with s98 of the Local Government Act 2002;

Delegates the authority to the Mayor and Chief Executive to make minor editorial changes.

Barker/McGurk                                                                         Carried

Attachments

1    A1654862 - Tabled Document - Replacement pages 28 and 107-108 of the Annual Report

 

11.     Easter Sunday Shop Trading Policy

Document number R6685, agenda pages 187 - 192 refer.

Senior Strategic Adviser, Nicky McDonald, presented the report.  She noted that it would be possible to commence informal community engagement earlier than the date noted in the report, of 3 November 2016.

Ms McDonald answered questions relating to whether there was community demand or legislative requirements for an Easter Sunday trading policy, and the proposed timeframe for development and adoption of a policy.

Attendance:  Councillor Skinner left the meeting from 6.31pm to 6.32pm.

In response to further questions, Ms McDonald explained the likely financial and opportunity costs involved with undertaking informal community engagement with a view to potentially developing a policy prior to Easter 2017.  She advised how a regional approach to community consultation could be undertaken, and how to ensure that the views of different communities were included in the proposed initial community engagement.

Attendance:  Councillor Barker left the meeting from 6.37pm to 6.38pm.

Councillors discussed the recommendation to Council, and a variety of views were expressed.

Resolved CL/2016/288

That the Council

Receives the report Easter Sunday Shop Trading Policy (R6685);

Agrees to seek feedback from the community on Easter Sunday trading and consider the matter further in light of community views;

Agrees that this matter should continue to be considered by full Council to enable it to meet the timeframe required.

Her Worship the Mayor/Barker                                                   Carried

12.     Next Meeting Date

Resolved CL/2016/289

That the Council

Confirms the next meeting of the Nelson City Council will be held on Thursday 10 November 2016, commencing at 9.00am.

Noonan/McGurk                                                                        Carried

 

13.     Exclusion of the Public

Her Worship the Mayor explained that Council’s legal counsel, Julian Ironside, would be in attendance for Item 1 of the Public Excluded agenda to answer questions and, accordingly, a procedural resolution was required to be passed.

 

Resolved CL/2016/290

That the Council

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Julian Ironside remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Potential Remedies for Public Disorder Issues in the Central Business District), as he has knowledge that will assist the Council;

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, that the knowledge that Julian Ironside possesses is legal advice relating to potential remedies for public disorder issues in the central business district.

Courtney/Skinner                                                                      Carried

Resolved CL/2016/291

That the Council

Excludes the public 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:

Courtney/Skinner                                                                      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

Potential Remedies for Public Disorder Issues in the Central Business District

 

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

·    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 7.07pm and resumed in public session at 8.10pm. 

14.     Re-admittance of the Public

Resolved CL/2016/292

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Matheson                                               Carried

 

There being no further business the meeting ended at 8.10pm.

Confirmed as a correct record of proceedings:

 

                                                         Chairperson                                    Date