AGENDA
Ordinary meeting of the
Nelson City Council
Thursday 10 November 2016
Commencing at 9.00am
Council Chamber
Civic House
110 Trafalgar Street, Nelson
Membership: Her Worship the Mayor Rachel Reese (Chairperson), Councillors Luke Acland, Ian Barker, Mel Courtney, Bill Dahlberg, Kate Fulton, Matt Lawrey, Paul Matheson, Brian McGurk, Gaile Noonan, Mike Rutledge, Tim Skinner and Stuart Walker
Nelson City Council
10 November 2016
Opening Prayer
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
4.1 Lindsay Wood
Lindsay Wood will speak about his findings of his own wide-ranging investigation, which is entitled “Getting it right – learning from arterial roads that successfully ease congestion into urban centres.”
4.2 Peter Olorenshaw
Peter Olorenshaw of Nelsust will speak about resident engagement with Council, Nelson 2060 and transport issues.
4.3 Shaun and Robyn Fahey
Shaun and Robyn Fahey will speak about Tresillian Ave road resealing and interactions with Council staff.
Document number M2175
Recommendation
That the Council
Confirms the minutes of the meeting of the Council, held on 27 October 2016, as a true and correct record.
Document number R6687
Recommendation
That the Council
Receives the Mayor's Report (R6687).
7. Acknowledgement of Past Service
Elected members will have the opportunity to acknowledge the service of departing members.
Document number R6698
Recommendation
That the Council
Receives the report Nelson Plan (R6698) and its attachment (A1653601); and
Agrees to the process and timeframe for the Nelson Plan as outlined in Attachment One (A1653601).
9. Brook Recreation Reserve Management Plan - Gazettal and Road Stopping 18 - 18
Document number R6235
Recommendation
That the Council
Receives the report Brook Recreation Reserve Management Plan - Gazettal and Road Stopping (R6235) and its attachments (A1629013 and A1652729); and
Approves the Hearings Panel’s recommendation with respect to the reclassification of land from Recreation Reserve to Local Purpose Reserve (Recreation) and under section 24 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.3 of report R6235); and
Approves the Hearings Panel’s recommendation with respect to declaring fee simple land as Local Purpose Reserve (Recreation) and under section 14 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.2 of report R6235); and
Approves the Hearings Panel’s recommendation to stop legal road (as detailed in item 7.4 of report R6235), reject all objections received, and under Schedule 10, Clause 5 of the Local Government Act 1974, refer the matter to the Environment Court; and
Approves, subject to confirmation from the Environment Court to stop the road, that the Chief Executive be delegated authority to proceed with a publicly notified process under section 14 of the Reserves Act 1977 to add that land to the Local Purpose Reserve (Recreation); and
Notes that a further report will be brought back to Council to enable the Brook Recreation Reserve Management Plan to be finally approved.
10. Administrative Matters 18 - 18
Document number R6521
Recommendation
That the Council
Receives the report Administrative Matters (R6521) and its attachment (A1645289); and
Approves a sum of $15,000 to be taken from the Special Economic Projects budget to develop a co-investment proposal for the extension of the Rural Broadband Initiative and the Mobile Black Spot fund, to be reported to Council for consideration by 2 February 2017.
11. Schedule of Meetings - 2016 18 - 18
Document number R6723
Recommendation
That the Council
Receives the report Schedule of Meetings - 2016 (R6723) and its attachment (A1657594); and
Confirms the schedule of meetings for the remainder of the 2016 calendar year as set out in attachment one (A1657594).
12. Committee Delegations 2016-2019 18 - 84
Document number R6731
Recommendation
That the Council
Receives the report Committee Delegations 2016-2019 (R6731) and its attachment (A1656531); and
Adopts the committee delegations as set out in attachment one (A1656531); and
Confirms that officers should undertake a review of the Delegations Register, to present back to Council in early 2017.
Public Excluded Business
Recommendation
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:
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Council Meeting - Public Excluded Minutes - 27 October 2016 |
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). |
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2 |
Sister Cities Coordinator Appointment
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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 |
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3 |
Trustee Rotation and Remuneration - Bishop Suter Trust
|
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 |
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4 |
Reappointment of Trustees to the City of Nelson Civic Trust
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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 |
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5 |
Upgrade of Audio-Visual Technology in Council Chamber
|
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) |
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6 |
Potential Remedies for Public Disorder Issues in the Central Business District This report will be distributed separately to the agenda as a late item. |
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) |
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7 |
Tender Update - Greenmeadows This report will be distributed separately to the agenda as a late item. |
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 |
14. Re-admittance of the public
Recommendation
That the Council
Re-admits the public to the meeting.
Note:
· Lunch will be provided at 12.30pm.
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.
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Resolved CL/2016/283 That the Council Receives the Mayor's Report (R5385); Appoints Paul Matheson as Deputy Mayor; Establishes five Committees as follows:
Establishes two Subcommittees to the Governance Committee as follows:
Appoints the following elected members to other Groups:
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.
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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.
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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.
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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.
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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 |
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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.
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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
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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.
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Resolved CL/2016/290 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 |
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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
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Council 10 November 2016 |
REPORT R6687
Mayor's Report
1. Purpose of Report
1.1 To update Council on several matters.
2. Recommendation
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Receives the Mayor's Report (R6687). |
3. Discussion
Mayor’s Discretionary Fund
3.1 Nelson Symphony Orchestra (NSO) is celebrating its 50th anniversary in December 2016 and is planning a programme to acknowledge the anniversary. NSO is also facing additional costs while the Nelson School of Music remains closed for redevelopment, and NSO continues to seek funding and sponsorship from other sources. The Mayor has agreed to contribute $2,000 towards these additional costs and to support the anniversary programme.
3.2 The Mayor is donating $250 from her Mayoral Discretionary Fund to Ngati Koata as a contribution to the costs of funding for the kapahaka group who are attending the Matatini Kapahaka Maori National Competitions in Hastings 22-26 February 2017. The group won the regional kapahaka competition so they now have the honour to represent the Top of the South Island at this event.
Miyazu Visit
3.3 The sister city relationship between Nelson and Miyazu was originally formalised in May 1976. Forty years later, it is our longest standing and most significant Sister City relationship. The friendship and rapport between our two cities has flourished over the years, based on regular interaction between people of Miyazu and people of Nelson.
3.4 The Japanese Ambassador will be visiting, in addition to a delegation from Miyazu who will be in Nelson from 9-12 November 2016 to acknowledge the 40 year anniversary occasion.
3.5 On 11 November, there will be a re-signing of the Memorandum of Understanding between Nelson and Miyazu for the sister city relationship. All councillors are encouraged to attend this event.
3.6 Our communities and our cultures are the stronger for this relationship, and the Mayor welcomes the re-signing of this agreement and the continued interaction this will bring.
Civic Service
3.7 A reminder to councillors that a Civic Service will be held jointly with the Tasman District Council at Christ Church Cathedral, Nelson at 6pm on Friday 11 November 2016.
3.8 The Civic Service is part of the councillor induction process and elected members are encouraged to attend this community occasion. The Cathedral recognises that some members may hold a different faith or no faith and this will be respected. Family members are welcome to attend.
Remembrance Sunday
3.9 Councillors are encouraged to attend Remembrance Sunday on 13 November 2016. The event will be held at 11am at the Cenotaph at Anzac Park. If it is wet it will be cancelled. Family members are welcome to attend.
Governor General Visit
3.10 The Governor-General is visiting from 16-18 November 2016. Government House has organised the programme and invitations to any events are being managed by Government House. The Mayor will be attending a Mayoral/Leaders’ dinner on Wednesday 16 November and a reception for the local communities of Nelson/Tasman region on Thursday 17 November.
American Young Political Leaders
3.11 On Friday 18 November 2016 an American delegation of representatives will be visiting Nelson. The group is visiting New Zealand from 12-20 November 2016 under the auspices of the American Council of Young Political Leaders (ACYPL) exchange with the NZ Speaker of the House of Representatives’ Office. The group are “emerging political and party leaders from through the US” and have Democratic and Republican affiliations. The delegation is keen to learn more about NZ, including political and electoral processes. During their visit to Nelson they will be meeting with Mayor Reese, the Deputy Mayor, Councillors McGurk and Noonan, and Senior Strategic Adviser, Nicky McDonald. If any other Councillors wish to join the meeting, please advise the Mayor’s Office.
Sector, Zone and National Council Representatives
3.12 As a Unitary Authority, Nelson City Council sits as a member of the Regional Sector Group (RSG) of Local Government New Zealand (LGNZ). The Mayor attends RSG meetings on the Council's behalf. Nelson City Council also belong to the geographic Zone 5 of LGNZ.
3.13 Mayor Richard Kempthorne has been the Chair of Zone 5 and a National Council member in the last triennium. Mayor Kempthorne has been re-elected to this role for the current triennium. The Mayor has been elected as the Deputy Chair of RSG and a National Council member for this triennium. The Mayor looks forward to working with President Lawrence Yule, Mayor Kempthorne, and the other members of National Council to advance the Local Government sector.
Rachel Reese
Mayor of Nelson
Attachments
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Council 10 November 2016 |
REPORT R6698
Nelson Plan
1. Purpose of Report
1.1 To confirm the steps required to get the Nelson Plan to the stage of public notification and how councillor engagement in the process is proposed to be achieved.
2. Summary
2.1 A number of councillors have not been part of the Nelson Plan development process to date. It is timely to confirm what is being recommended to progress the Nelson Plan to the stage of being publicly notified.
2.2 It is proposed to workshop each topic area(s) and this will be followed shortly thereafter by a Planning and Regulatory Committee meeting on each topic(s). This system has the advantage of enabling a dedicated focus on each technical topic and allows the time to absorb, understand and input to each planning area.
3. Recommendation
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Receives the report Nelson Plan (R6698) and its attachment (A1653601); and Agrees to the process and timeframe for the Nelson Plan as outlined in Attachment One (A1653601). |
4. Background
4.1 The Resource Management Act 1991 requires Council to review the regional policy statement, regional plan and district plan every 10 years. The current Regional Policy Statement, Air Plan and Nelson Resource Management Plan (regional and district plan) are overdue for review. The Nelson Plan will be the second generation integrated resource management plan for Nelson City Council.
4.2 Various Nelson Plan work streams are underway to:
· Obtain the required technical information.
· Consult with key stakeholders, iwi and the community.
· Draft the necessary options analysis (a section 32 assessment).
· Prepare draft rules and methods for consideration.
5. Discussion
5.1 A draft regional policy statement (which forms the first part of the Nelson Plan and sets the high level resource outcomes for Nelson) has been prepared. Comments from the community have been received on the draft. It is proposed the results of the feedback on the draft regional policy statement be the first set of provisions to be workshopped, reported to the Planning and Regulatory Committee and minuted with recommendations to Council. The Regional Policy Statement is the foundation for the methods (including rules) that will be included in the Nelson Plan.
5.2 Thereafter the various topic areas, covering both the natural and physical environments within the Nelson Plan, will be workshopped, reported to the Planning and Regulatory Committee and minuted with recommendations to Council.
5.3 Further consultation with the community, iwi and key stakeholders will occur on each topic(s) after each Committee meeting. The results of this consultation will culminate in a full draft plan being provided to Council through a workshop and Planning and Regulatory Committee meeting. The draft Plan in its entirety will then be consulted on with the community and after changes are made by the Council, the Plan can be publicly notified.
5.4 This is proposed as it is important that councillors and the community have the time to meaningfully engage with the Plan provisions. Refinement of draft Plan provisions prior to public notification has the benefit of narrowing the issues in potential contention after the Plan is notified. Once a Plan is notified a statutory Resource Management Act process ensues which only provides for change to the Plan by way of formal submission. Time spent before notification in reflecting, as much as is possible, the changes sought by the community has the benefit of reducing time and cost later spent in Hearings and in potential appeals to the Environment Court.
5.5 The timeframe fits with the timeframe for the Land Development Manual (LDM) which has been slightly delayed pending further technical work.
5.6 The proposed timeline for the workshops, Committee meetings, draft Plan and notification of the Plan is included in Attachment One.
6. Options
6.1 The proposed process included in Attachment One results in approximately six additional months being added to the timeframe previously accepted by Council. As a result of pursuing the Plan change for woodburners it was previously agreed the notification date for the Nelson Plan would occur in mid 2017. Notification is now proposed for January 2018.
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Option 1: Adopt the timeframe and process included in Attachment One |
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Advantages |
· Allows greater time for engagement primarily with Council but also the community and iwi. · Has the potential to reduce time and cost associated with the Plan Hearings and Environment Court. |
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Risks and Disadvantages |
· Extends notification of the Nelson Plan by approximately 6 months. |
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Option 2: Continue with the previous timeframe. |
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Advantages |
· Achieves notification of the Plan approximately 6 months earlier. |
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Risks and Disadvantages |
· Reduces the time for engagement by the community, iwi and Council which then means the “discussion” occurs after notification. This has the potential to increase time and cost associated with the Plan Hearings and is more likely to result in appeals to the Environment Court. |
7. Conclusion
7.1 A workshop on each topic area(s) within the Nelson Plan, followed shortly thereafter by a Planning and Regulatory Committee meeting, has the benefit of allowing the required time for councillor, community and iwi engagement. The timeframe included in Attachment One is considered appropriate and constructive to assist with achieving the necessary engagement.
Clare Barton
Group Manager Strategy and Environment
Attachments
Attachment 1: A1653601 - Nelson Plan Indicative Timeline ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The timeframe proposed will enable the community to engage in a statutory resource management process prior to notification of the Nelson Plan. Post notification the ability to affect change to the Plan provisions becomes subject to Commissioner and Court decision making processes. The timeframe will provide a more cost effective means of achieving the purpose of the Local Government Act. |
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2. Consistency with Community Outcomes and Council Policy The proposed timeframe is consistent with Council policy including annual plan and long term plan requirements. |
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3. Risk The proposed timeframe will be of benefit in allowing the community and iwi to engage in the Nelson Plan process. |
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4. Financial impact Negligible. May have the benefit of reducing potential legal costs later in defending decisions in the Environment Court. |
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5. Degree of significance and level of engagement This matter is of low significance because it provides additional input from the community. |
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6. Inclusion of Māori in the decision making process Maori have had opportunity to input to the development of the Nelson Plan to date. Specific Iwi Working Group meetings have been held to include iwi in the development of the Nelson Plan. |
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7. Delegations Council has the ability to consider the timeframe and process for the Nelson Plan. |
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Council 10 November 2016 |
REPORT R6235
Brook Recreation Reserve Management Plan - Gazettal and Road Stopping
1. Purpose of Report
1.1 To approve the recommendations from the Brook Recreation Reserve Management Plan Gazettal and Road Stopping Hearings Panel (Hearings Panel) following hearing of submissions and deliberations of both the Gazettal and Road Stopping process.
2. Summary
2.1 Council has approved the Brook Recreation Reserve Management Plan (RMP) in principle.
2.2 The gazettal and road stopping processes to give effect to the RMP have been undertaken. Council approved that these be considered at the same time.
2.3 A Hearings Panel and Terms of Reference were approved at the 28 July 2016 Council meeting for the hearing of submissions on the gazettal and road stopping process.
2.4 The Hearings Panel met on 12 September 2016 to hear submissions and on 13 September 2016 to deliberate on submissions.
3. Recommendation
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Receives the report Brook Recreation Reserve Management Plan - Gazettal and Road Stopping (R6235) and its attachments (A1629013 and A1652729); and Approves the Hearings Panel’s recommendation with respect to the reclassification of land from Recreation Reserve to Local Purpose Reserve (Recreation) and under section 24 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.3 of report R6235); and Approves the Hearings Panel’s recommendation with respect to declaring fee simple land as Local Purpose Reserve (Recreation) and under section 14 of the Reserves Act 1977 proceed with the Gazettal process (as detailed in item 7.2 of report R6235); and Approves the Hearings Panel’s recommendation to stop legal road (as detailed in item 7.4 of report R6235), reject all objections received, and under Schedule 10, Clause 5 of the Local Government Act 1974, refer the matter to the Environment Court; and Approves, subject to confirmation from the Environment Court to stop the road, that the Chief Executive be delegated authority to proceed with a publicly notified process under section 14 of the Reserves Act 1977 to add that land to the Local Purpose Reserve (Recreation); and Notes that a further report will be brought back to Council to enable the Brook Recreation Reserve Management Plan to be finally approved. |
4. Background
4.1 On 11 June 2015 Council released a draft Brook Recreation Reserve Management Plan for public consultation.
4.2 On 15 October 2015, following submissions and hearings, Council resolved to adopt the Brook Recreation Reserve Management Plan (RMP) in principle and also resolved as follows:
AND THAT the Chief Executive be delegated authority to proceed to stop the following two sections of formed legal road as shown on plan (A1438749);
AND THAT the Chief Executive be delegated authority to Gazette the entire area covered by the Brook Recreation Reserve Management Plan, as shown on plan (A1438749), as a Local Purpose Reserve (Recreation); and the road reserve which extends into the Sanctuary lease area as Local Purpose Reserve (Wildlife Sanctuary);
AND THAT, once the Gazettal process is complete, a report be brought back to Council to enable the Brook Recreation Reserve Management Plan to take effect;
AND THAT Officers prepare a Comprehensive Development Plan for the area covered by the Brook Recreation Reserve Management Plan.
4.3 In line with the Council resolution, the actions under the Reserves Act were formally advertised as follows:
· Reclassifying the plot of land currently held as Recreation Reserve as Local Purpose Reserve (Recreation) – advertised 4 May 2016, submissions closed 4 June 2016. Three submissions were received – one in support from the Department of Conservation (DoC) and two against from the Brook Valley Community Group and Nelson Greypower Association.
· Declaring fee simple land to be Local Purpose Reserve (Recreation) – advertised on 6 April 2016 and 27 July 2016, submissions closed 6 May 2016 and 29 August 2016 respectively. Two submissions were received – one in support from DoC and one against from the Brook Valley Community Group.
4.4 In line with the Council resolution, with respect to the section of road within the draft RMP area, the Road Stopping was advertised on 20 July 2016 with submissions closing 29 August 2016. Five submissions were received – three in opposition from the Brook Valley Community Group, Steve Cross and Justine McDonald and two in support from DoC and The Brook Waimarama Sanctuary Trust.
4.5 The section of road reserve to be stopped that extends into the Brook Waimarama Sanctuary lease area has already been approved by LINZ to be stopped under the Public Works Act. The New Zealand Gazette No.69 dated 4 August 2016 has been lodged, but at time of writing has not yet been registered. It has been processed as Local Purpose Reserve (Wildlife Sanctuary). This is in line with the Council resolution.
4.6 Council also resolved on 28 July 2016 as follows:
AND THAT a Hearing Panel consisting of an independent chair (Peter Reaburn) and two councillors hear and deliberate on the objections received with respect to the gazettal and road stopping processes required as a result of the adoption in principle by Council of the Brook Reserve Management Plan;
AND THAT those two councillors be selected from Deputy Mayor Matheson, Councillors Noonan, Barker, Fulton and McGurk, by her Worship the Mayor or the Chief Executive Officer based on the availability of members when the meetings are scheduled;
AND THAT the draft Terms of Reference for the Hearing Panel as per Attachment A1546914 be adopted.
4.7 The map (refer to Attachment 1) details the areas to be gazetted and road to be stopped.
5. Hearing Panel for Gazettal and Road Stopping
5.1 Councillors McGurk and Fulton were selected to be on the Hearings Panel with the independent chair Peter Reaburn.
5.2 The Hearings Panel heard submissions on 12 September 2016 and deliberated on submissions on 13 September 2016.
5.3 The
Hearings Panel deliberated on the three items separately and a summary of their
recommendations to Council is tabulated below.
|
Item |
Hearing Panel Comments |
Recommendations to Council |
|
Reclassification of reserve from Recreation Reserve to Local Purpose Reserve (Recreation). Area marked blue on Attachment 1 |
Majority decision - That the classification of the land as Local Purpose Reserve (Recreation) is appropriate – refer to paragraph 6 for further comment. |
5.4 That the land in question (blue area) be re-classified from Recreation Reserve to Local Purpose Reserve (Recreation).
|
|
Declaring fee simple land to be Local Purpose Reserve (Recreation) Area marked orange and green on Attachment 1 |
Unanimous decision - That the classification of the fee simple land to Local Purpose Reserve (Recreation) is appropriate where there is no current reserve classification. |
5.5 That declaration of the fee simple land (orange and green areas) to Local Purpose Reserve (Recreation) be approved, with the following conditions: a. that there is one Reserve Management Plan for the areas covered; b. that the principles of the deed of gift are recognised in the Reserve Management Plan. |
|
Road stopping. Area marked purple on Attachment 1 |
Unanimous decision - Process was legally sound and the road stopping is appropriate and to reject all objections. |
5.6 That the road stopping (purple area) be approved. |
5.7 The full report from the Hearings Panel is appended as Attachment 2.
5.8 With respect to the road stopping (area marked purple on Attachment 1), the road cannot be added to the Local Purpose Reserve (Recreation) until it is first stopped. This is a separate process and needs to await the outcome of the Environment Court. Following confirmation by the Environment Court of the road stopping, Council will need to go through the process of declaring land to be reserve pursuant to section 14 of the Reserves Act 1977. This will require further public notification.
5.9 On completion of the road stopping process and inclusion of the stopped road into Local Purpose Reserve (Recreation), a report will be brought back to Council to enable the RMP to be approved.
5.10 The approval of the RMP by Council will then allow the Comprehensive Development Plan for the area to be developed and this too will be reported back to a future Council meeting.
6. Discussion
Draft RMP consultation
6.1 The Hearings panel was divided on the proposed change of classification of the existing reserve (blue area) from Recreation Reserve to Local Purpose Reserve (Recreation).
6.2 The panel was split 2 to 1 in favour of proceeding with the reclassification.
6.3 The dissenting panel member was of the opinion the community was consulted on a draft RMP in June 2015 that suggested retention of the classification of the Recreation Reserve classification. Following submissions and a recommendation from DoC, Council “adopted in principle” an RMP which recommended the classification to be Local Purpose Reserve (Recreation). The panel member felt the community had not had the opportunity to comment on this change of status. They considered this a fundamental issue and felt Council needed to re-consult on the RMP before formally adopting this or any RMP.
6.4 The Chair of the Hearings Panel noted that whilst submitters felt they were presented with a fait accompli, the gazettal and road stopping processes were in fact a second round of consultation and gave sufficient opportunity to the public to submit on the proposed re-classification. He noted the processes followed on from the development of a draft RMP. That process was followed and the “adoption in principle” of the draft RMP made sure it couldn’t be adopted until the gazettal process had been completed.
6.5 The draft RMP cannot be formally approved and implemented under the Reserves Act 1977 until the classification of the land is settled - in this case as recommended as Local Purpose Reserve (Recreation). Adoption of the RMP is a separate process and was not part of the Hearings Panel Terms of Reference. The mandate of the Hearings Panel was to simply hear the objections on their merits as part of the reserves gazettal and road stopping processes. Under the Reserves Act, this process can occur without any draft RMP having been prepared.
6.6 The adoption and implementation of the RMP is a separate matter for Council to consider outside of, and subsequent to, the gazettal and road stopping process. However, the RMP process has provided substantial advice to what the land status management options are if the Council’s agreed vision for the area is to be achieved.
6.7 The final report from the Chair of the Hearings Panel notes “that the public notice and submission opportunity in this process leading to this hearing gave sufficient opportunity for the public to submit on the proposed re-classification” and that “No substantive issue was raised in submissions or at the hearing that justifies the proposed re-classification Local Purpose Reserve (Recreation) classification not proceeding”.
7. Land Parcel Summary
7.1 A summary of the parcels of land to be gazetted and stopped is listed below:
Gazettal process
7.2 The parcels of land (described in the First Schedule) to be Local Purpose Reserve (Recreation) pursuant to section 14 of the Reserves Act 1977.
First
Schedule: Nelson Land District – Nelson City
|
Area (ha) |
Description |
|
3.9105 |
Section 6 SO 498803 (formerly part Lot 2 DP 764) comprised in part CFR NL43/244. |
|
0.3465 |
Lot 1 DP 5496 comprised in CFR NL133/27. |
|
0.8047 |
Section 8 SO 498803 (formerly Part Lot 53 DP 210) comprised in part CFR NL29/102. |
|
0.1683 |
Part Section 9 Brook St and Maitai District comprised in CFR 53911 |
|
1.0412 |
Section 14 SO 498803 (formerly Part Section 9 Brook Street and Maitai District) comprised in part CFR NL81/54. |
|
0.3253 |
Section 12 SO 498803 (formerly Part Section 9 Brook Street and Maitai District) comprised in part CFR NL69/288 |
|
1.1736 |
Lot 49 DP 210 comprised in CFR NL34/283 |
7.3 The Classification of part of the Recreation Reserve (described in the Second Schedule), pursuant to section 24 of the Reserves Act 1977, be changed to Local Purpose Reserve (Recreation).
Second Schedule: Nelson Land District – Nelson City
|
Area (ha) |
Description |
|
3.1093 |
Section 10 (formerly Part Section 47 Brook Street and Maitai District) comprised in part NZ Gazette notice 1980 page 90 |
Road Stopping
7.4 Area marked on Attachment 1 in purple and described as Section 1 SO 498803 having an area of 7,173m2, be referred to the Environment Court.
7.5 Under Schedule 10, Clause 5 of the Local Government Act 1974, if the objections cannot be resolved, the objections must be sent to the Environment Court for resolution.
8. Options
8.1 Council can either approve or decline the recommendations from the Hearings Panel.
8.2 With respect to the Gazettal process, Council has two options:
|
Option |
Action |
Effect |
|
1 |
Agree with the Hearings Panel to reclassify Recreation Reserve land as Local Purpose Reserve (Recreation) and to declare fee simple land as Local Purpose Reserve (Recreation) |
Gazettal process can proceed as intended. |
|
2 |
Don’t agree with either or both of these and to allow submitter’s objections |
1. Gazettal cannot proceed and the draft Reserve Management Plan cannot be given effect to. The land will retain its existing status – fee simple land and Recreation Reserve respectively. 2. Cannot proceed with the development or approval of a Comprehensive Development Plan. |
8.3 With respect to the Road Stopping, Under Schedule 10, Clause 5 of the Local Government Act 1974, if the objections cannot be resolved, the objections must be sent to the Environment Court for resolution. In this matter, Council has two options:
|
Option |
Action |
Effect |
|
1 |
Agree with the Hearings Panel to reject all objections and stop the road |
Road Stopping process can proceed and be referred to the Environment Court. |
|
2 |
Disagree with the Hearings Panel and allow objections |
Road Stopping process stops. The RMP cannot be given effect to work and cannot proceed with the development & approval of a Comprehensive Development Plan. |
8.4 The recommendations from the Hearings Panel on both the gazettal and road stopping are consistent with officer advice.
9. Conclusion
9.1 The correct legal processes to gazette land and stop road within the Brook recreation area, under both the Reserves Act 1977 and the Local Government Act 1974 have been followed.
9.2 Submissions were received and heard by the Hearings Panel on 12 September 2016.
9.3 The Hearings Panel deliberated on the submissions on 13 September 2016 and has made recommendations to Council.
9.4 These recommendations include:
9.4.1 Re-classification of land from Recreation Reserve to Local Purpose Reserve (Recreation);
9.4.2 Declaration of fee simple land to Local Purpose Reserve (Recreation);
9.4.3 Stopping of legal road – reject all objections and refer the matter to the Environment Court for a decision.
9.5 Should Council receive confirmation from the Environment Court to stop the road, it is the intention to add the stopped road to the Local Purpose Reserve (Recreation) by way of a publicly notified process as per section 14 of the Reserves Act 1977. This will include setting up a new Hearings Panel to hear and deliberate on any submissions that may be received as part of that process.
9.6 On completion of this process and subsequent gazettal, a report will be brought back to Council to enable the RMP to be approved.
9.7 The approval of the RMP will then allow a Comprehensive Development Plan for the area to be developed and this too will be reported back to a future Council meeting.
Alec Louverdis
Group Manager Infrastructure
Attachments
Attachment 1: A1629013 - Location diagram ⇩
Attachment 2: A1652729 - Panel Report and Recommendations 26Oct2016 ⇩
|
Important considerations for decision making |
|
1. Fit with Purpose of Local Government Council has previously adopted the Brook Recreation Reserve Management Plan in Principle and the decision to proceed will allow timely and cost effective progress on next steps. |
|
2. Consistency with Community Outcomes and Council Policy The process to gazette land and stop road is entirely consistent with previous Council decisions. And the following Community Outcomes: “Our unique natural environment is health and protected” and “Our communities are have access to a range of social, educational and recreational facilities and activities”. |
|
3. Risk A decision not to gazette and stop road will mean that the Brook Recreation Reserve Management Plan cannot take effect and this will delay the Comprehensive Development Plan. |
|
4. Financial impact Should the recommendations from the Hearings Panel not be approved then costs and time spent on this issue to date will be wasted. |
|
5. Degree of significance and level of engagement Engagement has taken place through the Reserves and Local Government Acts. This decision is not significant uiund5r Council’s Significance and Engagement Policy. |
|
6. Inclusion of Māori in the decision making process Maori have not been specifically been consulted on this report. |
|
7. Delegations This is a decision for Council. |
|
|
Council 10 November 2016 |
REPORT R6521
Administrative Matters
1. Purpose of Report
1.1 To report on a number of administrative matters in order to keep Council up to date.
2. Delegations
2.1 This is a report for consideration by full Council.
3. Recommendation
|
Receives the report Administrative Matters (R6521) and its attachment (A1645289); and Approves a sum of $15,000 to be taken from the Special Economic Projects budget to develop a co-investment proposal for the extension of the Rural Broadband Initiative and the Mobile Black Spot fund, to be reported to Council for consideration by 2 February 2017. |
4. Members’ Interests Register
4.1 At the start of the triennium all elected members were requested to declare their interests. The declarations have been entered into the Members’ Interests Register for 2016-2019 (the Register). The Register is included as Attachment 1.
4.2 Members can update their entry in the Register at any time. There is also a standing item on each Council and committee meeting agenda asking for updates to the Register and for elected members to identify any conflicts of interest in the agenda.
4.3 Over the coming weeks the Register will be updated to include the declarations of Council’s external appointees, and members of joint committees administered by Nelson City Council.
4.4 In order to provide transparency and in line with good practice the Register will be presented to Council on a quarterly basis as part of the Administrative Matters report. This allows elected members a further opportunity to ensure the Register is correct. The Register will also be available to the public on Council’s website.
5. Elected Members Remuneration
5.1 On 27 October 2016, Council set its committee structure for the 2016-19 triennium. The Mayor’s Report to that meeting noted that consideration would be given to how the structure related to the current determination issued by the Remuneration Authority for elected member remuneration.
5.2 The current determination remunerates four chairperson positions, and four deputy chairperson positions. Although the new committee structure has five committees, there are still only four chairperson positions that will receive remuneration (the Mayor and Deputy Mayor receive no additional remuneration for chairing committees) and four deputy chairperson positions. Therefore there are no changes to the determination required for this triennium.
6. Update on Housing Accord
6.1 The Nelson Housing Accord was signed on 11 June 2015. The Accord is a tool used to increase the supply of housing in Nelson. The Accord sets targets for establishing new residential lots and dwellings in Nelson over three years. The Accord is established under HASHAA (the Housing Accord and Special Housing Areas Act 2013), which also provides for Special Housing Areas (SHAs) to be established as an additional tool to enabling increased supply.
6.2 The Council ran an expression of interest process for SHAs and twenty applications were received. Nine were gazetted by Cabinet on 15 February 2016, a further one was gazetted on 16 May, and a final three were gazetted on 25 July.
6.3 Since the Housing Accord was agreed by the Council and the Minister of Housing, thirteen SHAs have been created across Nelson and consent applications have been received for eleven of these.
6.4 In September 2016, the Minister extended HASHAA for another 3 years and subsequently the Nelson Housing Accord until 31 December 2016, to allow Nelson City Council to remain as the accord territorial authority and authorised agency under the HASHA Act. This allows for the processing of consents relating to qualifying developments in existing SHAs.
6.5 Of the eleven HASHAA consent applications received, all but two are anticipated to have been processed before the Housing Accord expires on 31 December 2016. The two HASHAA consents that are unlikely to be processed before the expiration of the Accord are Barcelona Lofts at 237 Haven Road where the applicant has put the consent on hold to allow some redesign work, and Bishopdale Developments Ltd at 257 Waimea Road were further geotechnical investigation is required.
6.6 A report will come to the 15 December 2016 meeting seeking agreement to extend the date from 31 December 2016 to allow the processing of those consents already lodged.
7. Extension of Rural Broadband Initiative and Mobile Black Spot Fund
7.1 On 27 October 2016, the Crown Fibre Holdings Ltd (CFHL) issued a Request for Proposals (RFP) for the extension of the Rural Broadband Initiative (RBI2) and the Mobile Black Spot Fund (MBSF). The RFP is targeted at telecommunications providers able to enhance broadband and mobile reception coverage areas. CFHL has also released an Invitation to Participate, aimed at local authorities who may want to be involved in the process, and who may want to co-invest in the RBI2 and/or MBSF within their territorial areas. To assist, CFHL have provided Council with a map of the areas within the Nelson region that have been identified as possible areas for investment. No investment decisions have yet been made by CFHL, and there will be strong competition nationally for the available funding.
7.2 The key dates for this programme are as follows:
7.2.1 25 November 2016 – Local Government Authorities to submit any additional areas with the charts (see attached) provided in the RFP for priorities for broadband coverage and mobile black spots
7.2.2 2 February 2017 – Local Government Authorities to advise CFH of their intention to co-fund and their views of prioritisation of possible coverage areas.
7.3 Council does not have time to run an effective consultation programme in the timelines imposed by CFHL. If Council would like to consider co-investing, officers would provide feedback by the 25 November 2016 deadline based on previous correspondence with residents on these matters. Officers would then develop a proposal in relation to co-investment options for Council to sign off by 2 February 2017. Co-investment could consist of financial contribution, streamlining of consents, provision of high ground for transmitter siting. There is limited staff capacity to undertake this work and a contractor would need to be employed to provide specialist advice. An indicative budget of $15,000 is requested to develop the response.
7.4 Decision-making considerations:
· This investment of $15,000 fits with the purpose of local government in meeting the needs of the community for good-quality services in the area of mobile and broadband facilities.
· This funding aligns with the Community outcome of encouraging appropriate new investment into our community and being a business-friendly region.
· As this matter is regarding funding to develop a proposal, there is little risk in making this decision.
· This development of a proposal is of low significance to the community and is of low monetary value, therefore engagement is not seen as required. Maori have not been consulted on this matter.
· As Committee delegations have not yet been established, this is a matter for Council to consider.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1645289 - Members' Interests Register 2016-2019 ⇩
Attachment 2: A1656692 - Rural Broadband Extension and Mobile Black Spot Fund Map ⇩
|
|
Council 10 November 2016 |
REPORT R6723
Schedule of Meetings - 2016
1. Purpose of Report
1.1 To adopt a schedule of Council meetings for the remainder of the 2016 calendar year, in accordance with clause 19(6), Schedule 7 of the Local Government Act 2002.
2. Recommendation
|
Receives the report Schedule of Meetings - 2016 (R6723) and its attachment (A1657594); and Confirms the schedule of meetings for the remainder of the 2016 calendar year as set out in attachment one (A1657594). |
3. Discussion
3.1 Clause 19(6) of schedule 7 of the Local Government Act 2002 sets out requirements for written notification of meetings to elected members. It is standard practice for Council to adopt a schedule of meetings by resolution, in order to meet these legislative requirements.
3.2 Attachment one (A1657594) sets out a proposed schedule of meetings for the remainder of the 2016 calendar year.
3.3 Councillors have been provided with written notification of proposed meetings up until 17 November 2016, in order to meet legislative requirements.
Meetings schedule for the remainder of 2016
3.4 Council’s meetings schedule has previously followed a cyclical six-week pattern, with sub-committees, committees and Council meeting in a regular pattern.
3.5 There is insufficient time in November and December 2016 for a regular cyclical pattern of committee meetings to take place.
3.6 The start of the triennium also requires a number of training and planning sessions to be scheduled. This places additional pressure on available dates for meetings in November and December 2016.
3.7 As a result, the proposed schedule of meetings for the remainder of 2016 does not set a pattern that will be followed for meetings in 2017 and beyond. However, there is sufficient opportunity for each committee to meet prior to the Council meeting proposed for 15 December 2016.
Meetings schedule for 2017 and beyond
3.8 A further report will be presented to the Council meeting proposed for 15 December 2016, to consider a schedule of meetings for 2017 and beyond.
4. Options
4.1 Council can either approve the schedule of meetings for the remainder of the 2016 calendar year, or not approve the schedule of meetings.
4.2 Approval of a schedule of meetings would meet legislative requirements for written notification of meetings to councillors. It would also provide certainty to councillors, to allow planning of other activities around Council business, assist with Council officers to work in an efficient manner, and provide certainty to members of the public, as to when meetings will take place. This is the recommended option.
4.3 Not adopting a schedule of meetings will not prevent Council business from continuing. However, it will require meeting dates to be set, and written notice of meetings to councillors to be provided on an ad hoc basis. There is a risk that, in doing so, the legislative requirements regarding written notification of meetings will not be met, and extraordinary meetings may be required for Council business to proceed.
4.4 It is inefficient and potentially confusing for councillors, Council officers and members of the public for meetings to be scheduled in an ad hoc manner. It is not recommended that this option be taken.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1657594 - Proposed Schedule of Meetings November to December 2016 ⇩
|
Important considerations for decision making |
|
1. Fit with Purpose of Local Government Adopting a schedule of meetings is the most efficient manner for Council to undertake its legislative functions. |
|
2. Consistency with Community Outcomes and Council Policy Adopting a schedule of meetings provides Council with the opportunity to operate in a manner consistent with Community Outcomes and Council policies. |
|
3. Risk There is little risk in Council adopting a schedule of meetings for the remainder of 2016, noting that a further meeting schedule for 2017 and beyond is expected to be considered at the final Council meeting for 2016. The risks of not adopting a schedule of meetings are addressed in paragraphs 4.3 and 4.4. |
|
4. Financial impact There is no financial impact associated with adopting a schedule of meetings. There may be a financial risk associated with not adopting a schedule of meetings, in that the business of Council will be carried out in an inefficient manner. |
|
5. Degree of significance and level of engagement This matter is considered to be of low significance, as it relates to the manner in which Council meetings are scheduled and notified, rather than a substantive Council decision. Therefore no public engagement has taken place, or is considered necessary. |
|
6. Inclusion of Māori in the decision making process Maori have not been included in the decision-making process for this report. |
|
7. Delegations Adoption of a schedule of meetings is a matter for Council. |
|
|
Council 10 November 2016 |
REPORT R6731
Committee Delegations 2016-2019
1. Purpose of Report
1.1 To adopt committee delegations for the 2016-2019 triennium.
2. Recommendation
|
Receives the report Committee Delegations 2016-2019 (R6731) and its attachment (A1656531); and Adopts the committee delegations as set out in attachment one (A1656531); and Confirms that officers should undertake a review of the Delegations Register, to present back to Council in early 2017. |
3. Discussion
3.1 Council established a committee structure at its meeting of 27 October 2016. The committees established by Council are unable to meet until their areas of responsibility and the extent of their delegated powers of have been set by Council resolution.
3.2 Proposed committee delegations are set out in attachment one (A1656531). Briefly, the delegations for each committee cover:
3.2.1 The areas of responsibility for the committee, being the various matters that each committee maintains oversight for. Each committee will consider reports covering subject matters falling within their areas of responsibility;
3.2.2 The powers of decision for each committee. If a committee does not have decision-making powers in a specific situation, the committee is restricted to passing recommendations to Council in that situation;
3.2.3 The powers of recommendation to Council for each committee.
3.3 Council may amend committee delegations throughout the triennium at any time by ordinary resolution.
Specific Committee Delegations
3.4 The areas of responsibility for the Sports and Recreation Committee include Parks and Reserves. This would normally include all Parks and Reserves, including buildings and structures included within them. However:
3.4.1 During the last triennium, Council retained responsibility for the redevelopment of the Trafalgar Centre. As the redevelopment is nearing its end, it is more efficient for any future discussions or decisions regarding the Trafalgar Centre redevelopment to remain a matter for Council. Once redevelopment work is complete, responsibility for the Trafalgar Centre is intended to revert to the Sports and Recreation Committee;
3.4.2 Saxton Field currently falls within the areas of responsibility of the Sports and Recreation Committee. It is anticipated that a report regarding Saxton Field Governance will be presented to both Nelson City and Tasman District Councils in December 2016, which is likely to recommend altering the Sports and Recreation Committee’s delegated powers with regards to Saxton Field.
3.5 The areas of responsibility for the Governance Committee include Nelson City Council Controlled Organisations (CCOs) and Nelson City Council Controlled Trading Organisations (CCTOs), and the Committee has the power to recommend to Council approval of any related documents. The Joint Shareholders Committee has been delegated the power to decide all matters relating to jointly owned CCOs and CCTOs, aside from statements of expectation, which are a matter for the Joint Committee.
3.6 In order to align processes for all CCOs and CCTOs, it would be appropriate for Council to consider whether the Governance Committee should be granted the power to decide all matters in relation to CCOs and CCTOs (aside from statements of expectation, which would be appropriate to remain a matter for full Council).
3.7 Delegations for the Audit, Risk and Finance and Commercial Subcommittees will be presented to a future Council meeting for adoption.
Delegations Register Review
3.8 Once adopted by Council, committee delegations will form a part of Council’s Delegations Register. There is no legal requirement for Council to adopt an updated Delegations Register at the start of the triennium. However, it is considered best practice for the Delegations Register to be reviewed at the commencement of each triennium, and an updated Delegations Register to be presented to Council early in the triennium.
3.9 Officers have identified a number of changes that could be made to the Delegations Register, which would assist with making the Delegations Register as clear and user-friendly as possible. These include clarification regarding use of the Council seal, clarification of Council’s delegations to the Chief Executive, and alterations to the structure of the document, to assist with improving readability.
3.10 It is suggested that officers undertake a review of the proposed changes set out in paragraph 3.9, and present an updated copy of the Delegations Register to Council in early 2017.
4. Options
4.1 Council can choose to adopt the proposed committee delegations, or not adopt them.
4.2 The committees established by Council on 27 October 2016 are unable to meet until Council has resolved their delegated powers.
Penny Langley
Manager Administration
Attachments
Attachment 1: A1656531 - Committee delegations 2016-2019 ⇩
|
Important considerations for decision making |
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1. Fit with Purpose of Local Government Adoption of committee delegations provides a framework through which Council can provide its infrastructure and public services, and perform its regulatory functions. |
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2. Consistency with Community Outcomes and Council Policy Adoption of committee delegations assists Council to achieve its community outcomes and policy goals, by providing clear direction regarding how committee and Council decisions will be made. |
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3. Risk There is little risk to Council in adopting committee delegations. If committee delegations are not adopted, the committees established by Council will be unable to meet, and there is a risk that this will result in delayed decision-making. |
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4. Financial impact There are no direct budgetary consequences related to the decision to adopt committee delegations. |
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5. Degree of significance and level of engagement This matter is of low significance and no public engagement is required. |
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6. Inclusion of Māori in the decision making process There is no requirement to include Māori in this decision-making process. |
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7. Delegations Adoption of committee delegations is a matter for full Council. |
